102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3655

 

Introduced 2/22/2021, by Rep. Jay Hoffman

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends various Acts to revise statutory law to conform the statutes to the reorganization of the executive branch taking effect under Executive Order 2019-12. Makes other changes concerning the Illinois State Police and makes technical and stylistic changes. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning the Illinois State Police.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. This Act revises statutory law to conform the
5statutes to the reorganization of the executive branch taking
6effect under Executive Order 2019-12. This Act also makes
7other changes concerning the Illinois State Police and makes
8technical and stylistic changes.
 
9    Section 10. The Consular Identification Document Act is
10amended by changing Section 5 as follows:
 
11    (5 ILCS 230/5)
12    Sec. 5. Definition. As used in this Act, "consular
13identification document" means an official identification card
14issued by a foreign government that meets all of the following
15requirements:
16        (1) The consular identification document is issued
17    through the foreign government's consular offices for the
18    purpose of identifying a foreign national who is living
19    outside of that nation.
20        (2) The foreign government requires an individual to
21    provide the following to obtain the consular
22    identification document: (A) proof of nationality; (B)

 

 

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1    proof of identity; and (C) proof of residence in the
2    consular district.
3        (3) The foreign government includes the following
4    security features in the consular identification document:
5    (A) a unique identification number; (B) an optically
6    variable feature such as a hologram or color-shifting
7    inks; (C) an ultraviolet image; (D) encoded information;
8    (E) machine readable technology; (F) micro printing; (G)
9    secure laminate; and (H) integrated photograph and
10    signature.
11        (4) The consular identification document includes the
12    following data: (A) the name and address of the individual
13    to whom it is issued; (B) the date of issuance; (C) the
14    date of expiration; (D) the name of the issuing consulate;
15    and (E) an identification number. The consular
16    identification document must include an English
17    translation of the data fields.
18        (5) The issuing consulate has filed with the Illinois
19    Department of State Police a copy of the issuing
20    consulate's consular identification document and a
21    certification of the procedures that are used to satisfy
22    the requirements of paragraphs (2) and (3).
23(Source: P.A. 94-389, eff. 1-1-06.)
 
24    Section 15. The Public Corruption Profit Forfeiture Act is
25amended by changing Sections 10 and 25 as follows:
 

 

 

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1    (5 ILCS 283/10)
2    Sec. 10. Penalties.
3    (a) A person who is convicted of a violation of any of the
4following Sections, subsections, and clauses of the Criminal
5Code of 1961 or the Criminal Code of 2012:
6        (1) clause (a)(6) of Section 12-6 (intimidation by a
7    public official),
8        (2) Section 33-1 (bribery),
9        (3) subsection (a) of Section 33E-7 (kickbacks), or
10        (4) Section 33C-4 or subsection (d) of Section 17-10.3
11    (fraudulently obtaining public moneys reserved for
12    disadvantaged business enterprises),
13shall forfeit to the State of Illinois:
14        (A) any profits or proceeds and any property or
15    property interest he or she has acquired or maintained in
16    violation of any of the offenses listed in clauses (1)
17    through (4) of this subsection (a) that the court
18    determines, after a forfeiture hearing under subsection
19    (b) of this Section, to have been acquired or maintained
20    as a result of violating any of the offenses listed in
21    clauses (1) through (4) of this subsection (a); and
22        (B) any interest in, security of, claim against, or
23    property or contractual right of any kind affording a
24    source of influence over, any enterprise which he or she
25    has established, operated, controlled, conducted, or

 

 

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1    participated in the conduct of, in violation of any of the
2    offenses listed in clauses (1) through (4) of this
3    subsection (a) that the court determines, after a
4    forfeiture hearing under subsection (b) of this Section,
5    to have been acquired or maintained as a result of
6    violating any of the offenses listed in clauses (1)
7    through (4) of this subsection (a) or used to facilitate a
8    violation of one of the offenses listed in clauses (1)
9    through (4) of this subsection (a).
10    (b) The court shall, upon petition by the Attorney General
11or State's Attorney, at any time after the filing of an
12information or return of an indictment, conduct a hearing to
13determine whether any property or property interest is subject
14to forfeiture under this Act. At the forfeiture hearing the
15people shall have the burden of establishing, by a
16preponderance of the evidence, that property or property
17interests are subject to forfeiture under this Act. There is a
18rebuttable presumption at such hearing that any property or
19property interest of a person charged by information or
20indictment with a violation of any of the offenses listed in
21clauses (1) through (4) of subsection (a) of this Section or
22who is convicted of a violation of any of the offenses listed
23in clauses (1) through (4) of subsection (a) of this Section is
24subject to forfeiture under this Section if the State
25establishes by a preponderance of the evidence that:
26        (1) such property or property interest was acquired by

 

 

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1    such person during the period of the violation of any of
2    the offenses listed in clauses (1) through (4) of
3    subsection (a) of this Section or within a reasonable time
4    after such period; and
5        (2) there was no likely source for such property or
6    property interest other than the violation of any of the
7    offenses listed in clauses (1) through (4) of subsection
8    (a) of this Section.
9    (c) In an action brought by the People of the State of
10Illinois under this Act, wherein any restraining order,
11injunction or prohibition or any other action in connection
12with any property or property interest subject to forfeiture
13under this Act is sought, the circuit court which shall
14preside over the trial of the person or persons charged with
15any of the offenses listed in clauses (1) through (4) of
16subsection (a) of this Section shall first determine whether
17there is probable cause to believe that the person or persons
18so charged have committed a violation of any of the offenses
19listed in clauses (1) through (4) of subsection (a) of this
20Section and whether the property or property interest is
21subject to forfeiture pursuant to this Act.
22    In order to make such a determination, prior to entering
23any such order, the court shall conduct a hearing without a
24jury, wherein the People shall establish that there is: (i)
25probable cause that the person or persons so charged have
26committed one of the offenses listed in clauses (1) through

 

 

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1(4) of subsection (a) of this Section and (ii) probable cause
2that any property or property interest may be subject to
3forfeiture pursuant to this Act. Such hearing may be conducted
4simultaneously with a preliminary hearing, if the prosecution
5is commenced by information or complaint, or by motion of the
6People, at any stage in the proceedings. The court may accept a
7finding of probable cause at a preliminary hearing following
8the filing of a charge for violating one of the offenses listed
9in clauses (1) through (4) of subsection (a) of this Section or
10the return of an indictment by a grand jury charging one of the
11offenses listed in clauses (1) through (4) of subsection (a)
12of this Section as sufficient evidence of probable cause as
13provided in item (i) above.
14    Upon such a finding, the circuit court shall enter such
15restraining order, injunction or prohibition, or shall take
16such other action in connection with any such property or
17property interest subject to forfeiture under this Act, as is
18necessary to insure that such property is not removed from the
19jurisdiction of the court, concealed, destroyed or otherwise
20disposed of by the owner of that property or property interest
21prior to a forfeiture hearing under subsection (b) of this
22Section. The Attorney General or State's Attorney shall file a
23certified copy of such restraining order, injunction or other
24prohibition with the recorder of deeds or registrar of titles
25of each county where any such property of the defendant may be
26located. No such injunction, restraining order or other

 

 

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1prohibition shall affect the rights of any bona fide
2purchaser, mortgagee, judgment creditor or other lien holder
3arising prior to the date of such filing.
4    The court may, at any time, upon verified petition by the
5defendant, conduct a hearing to release all or portions of any
6such property or interest which the court previously
7determined to be subject to forfeiture or subject to any
8restraining order, injunction, or prohibition or other action.
9The court may release such property to the defendant for good
10cause shown and within the sound discretion of the court.
11    (d) Prosecution under this Act may be commenced by the
12Attorney General or a State's Attorney.
13    (e) Upon an order of forfeiture being entered pursuant to
14subsection (b) of this Section, the court shall authorize the
15Attorney General to seize any property or property interest
16declared forfeited under this Act and under such terms and
17conditions as the court shall deem proper. Any property or
18property interest that has been the subject of an entered
19restraining order, injunction or prohibition or any other
20action filed under subsection (c) shall be forfeited unless
21the claimant can show by a preponderance of the evidence that
22the property or property interest has not been acquired or
23maintained as a result of a violation of any of the offenses
24listed in clauses (1) through (4) of subsection (a) of this
25Section or has not been used to facilitate a violation of any
26of the offenses listed in clauses (1) through (4) of

 

 

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1subsection (a) of this Section.
2    (f) The Attorney General or his or her designee is
3authorized to sell all property forfeited and seized pursuant
4to this Act, unless such property is required by law to be
5destroyed or is harmful to the public, and, after the
6deduction of all requisite expenses of administration and
7sale, shall distribute the proceeds of such sale, along with
8any moneys forfeited or seized, in accordance with subsection
9(g).
10    (g) All monies and the sale proceeds of all other property
11forfeited and seized pursuant to this Act shall be distributed
12as follows:
13        (1) An amount equal to 50% shall be distributed to the
14    unit of local government or other law enforcement agency
15    whose officers or employees conducted the investigation
16    into a violation of any of the offenses listed in clauses
17    (1) through (4) of subsection (a) of this Section and
18    caused the arrest or arrests and prosecution leading to
19    the forfeiture. Amounts distributed to units of local
20    government and law enforcement agencies shall be used for
21    enforcement of laws governing public corruption, or for
22    other law enforcement purposes. In the event, however,
23    that the investigation, arrest or arrests and prosecution
24    leading to the forfeiture were undertaken solely by a
25    State agency, the portion provided hereunder shall be paid
26    into the State Asset Forfeiture Fund in the State treasury

 

 

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1    to be used by that State agency in accordance with law. If
2    the investigation, arrest or arrests and prosecution
3    leading to the forfeiture were undertaken by the Attorney
4    General, the portion provided hereunder shall be paid into
5    the Attorney General Whistleblower Reward and Protection
6    Fund in the State treasury to be used by the Attorney
7    General in accordance with law.
8        (2) An amount equal to 12.5% shall be distributed to
9    the county in which the prosecution resulting in the
10    forfeiture was instituted, deposited in a special fund in
11    the county treasury and appropriated to the State's
12    Attorney for use in accordance with law. If the
13    prosecution was conducted by the Attorney General, then
14    the amount provided under this subsection shall be paid
15    into the Attorney General Whistleblower Reward and
16    Protection Fund in the State treasury to be used by the
17    Attorney General in accordance with law.
18        (3) An amount equal to 12.5% shall be distributed to
19    the Office of the State's Attorneys Appellate Prosecutor
20    and deposited in the State's Attorneys Appellate
21    Prosecutor Anti-Corruption Fund, to be used by the Office
22    of the State's Attorneys Appellate Prosecutor for
23    additional expenses incurred in prosecuting appeals
24    arising under this Act. Any amounts remaining in the Fund
25    after all additional expenses have been paid shall be used
26    by the Office to reduce the participating county

 

 

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1    contributions to the Office on a prorated basis as
2    determined by the board of governors of the Office of the
3    State's Attorneys Appellate Prosecutor based on the
4    populations of the participating counties. If the appeal
5    is to be conducted by the Attorney General, then the
6    amount provided under this subsection shall be paid into
7    the Attorney General Whistleblower Reward and Protection
8    Fund in the State treasury to be used by the Attorney
9    General in accordance with law.
10        (4) An amount equal to 25% shall be paid into the State
11    Asset Forfeiture Fund in the State treasury to be used by
12    the Illinois Department of State Police for the funding of
13    the investigation of public corruption activities. Any
14    amounts remaining in the Fund after full funding of such
15    investigations shall be used by the Illinois State Police
16    Department in accordance with law to fund its other
17    enforcement activities.
18    (h) All moneys deposited pursuant to this Act in the State
19Asset Forfeiture Fund shall, subject to appropriation, be used
20by the Illinois Department of State Police in the manner set
21forth in this Section. All moneys deposited pursuant to this
22Act in the Attorney General Whistleblower Reward and
23Protection Fund shall, subject to appropriation, be used by
24the Attorney General for State law enforcement purposes and
25for the performance of the duties of that office. All moneys
26deposited pursuant to this Act in the State's Attorneys

 

 

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1Appellate Prosecutor Anti-Corruption Fund shall, subject to
2appropriation, be used by the Office of the State's Attorneys
3Appellate Prosecutor in the manner set forth in this Section.
4(Source: P.A. 101-148, eff. 7-26-19.)
 
5    (5 ILCS 283/25)
6    Sec. 25. Distribution of proceeds of fines.
7    (a) The proceeds of all fines received under the
8provisions of this Act shall be transmitted to and deposited
9in the treasurer's office at the level of government as
10follows:
11        (1) If the seizure was made by a combination of law
12    enforcement personnel representing differing units of
13    local government, the court levying the fine shall
14    equitably allocate 50% of the fine among these units of
15    local government and shall allocate 50% to the county
16    general corporate fund. In the event that the seizure was
17    made by law enforcement personnel representing a unit of
18    local government from a municipality where the number of
19    inhabitants exceeds 2 million, the court levying the fine
20    shall allocate 100% of the fine to that unit of local
21    government. If the seizure was made by a combination of
22    law enforcement personnel representing differing units of
23    local government, and at least one of those units
24    represents a municipality where the number of inhabitants
25    exceeds 2 million, the court shall equitably allocate 100%

 

 

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1    of the proceeds of the fines received among the differing
2    units of local government.
3        (2) If such seizure was made by State law enforcement
4    personnel, then the court shall allocate 50% to the State
5    treasury and 50% to the county general corporate fund.
6        (3) If a State law enforcement agency in combination
7    with a law enforcement agency or agencies of a unit or
8    units of local government conducted the seizure, the court
9    shall equitably allocate 50% of the fines to or among the
10    law enforcement agency or agencies of the unit or units of
11    local government which conducted the seizure and shall
12    allocate 50% to the county general corporate fund.
13    (b) The proceeds of all fines allocated to the law
14enforcement agency or agencies of the unit or units of local
15government pursuant to subsection (a) shall be made available
16to that law enforcement agency as expendable receipts for use
17in the enforcement of laws regulating public corruption and
18other laws. The proceeds of fines awarded to the State
19treasury shall be deposited in the State Asset Forfeiture
20Fund. Monies from this Fund may be used by the Illinois
21Department of State Police in the enforcement of laws
22regulating public corruption and other laws; and all other
23monies shall be paid into the General Revenue Fund in the State
24treasury.
25(Source: P.A. 96-1019, eff. 1-1-11.)
 

 

 

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1    Section 20. The Illinois Public Labor Relations Act is
2amended by changing Sections 3, 6.1, and 9 as follows:
 
3    (5 ILCS 315/3)  (from Ch. 48, par. 1603)
4    Sec. 3. Definitions. As used in this Act, unless the
5context otherwise requires:
6    (a) "Board" means the Illinois Labor Relations Board or,
7with respect to a matter over which the jurisdiction of the
8Board is assigned to the State Panel or the Local Panel under
9Section 5, the panel having jurisdiction over the matter.
10    (b) "Collective bargaining" means bargaining over terms
11and conditions of employment, including hours, wages, and
12other conditions of employment, as detailed in Section 7 and
13which are not excluded by Section 4.
14    (c) "Confidential employee" means an employee who, in the
15regular course of his or her duties, assists and acts in a
16confidential capacity to persons who formulate, determine, and
17effectuate management policies with regard to labor relations
18or who, in the regular course of his or her duties, has
19authorized access to information relating to the effectuation
20or review of the employer's collective bargaining policies.
21    (d) "Craft employees" means skilled journeymen, crafts
22persons, and their apprentices and helpers.
23    (e) "Essential services employees" means those public
24employees performing functions so essential that the
25interruption or termination of the function will constitute a

 

 

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1clear and present danger to the health and safety of the
2persons in the affected community.
3    (f) "Exclusive representative", except with respect to
4non-State fire fighters and paramedics employed by fire
5departments and fire protection districts, non-State peace
6officers, and peace officers in the Illinois Department of
7State Police, means the labor organization that has been (i)
8designated by the Board as the representative of a majority of
9public employees in an appropriate bargaining unit in
10accordance with the procedures contained in this Act, (ii)
11historically recognized by the State of Illinois or any
12political subdivision of the State before July 1, 1984 (the
13effective date of this Act) as the exclusive representative of
14the employees in an appropriate bargaining unit, (iii) after
15July 1, 1984 (the effective date of this Act) recognized by an
16employer upon evidence, acceptable to the Board, that the
17labor organization has been designated as the exclusive
18representative by a majority of the employees in an
19appropriate bargaining unit; (iv) recognized as the exclusive
20representative of personal assistants under Executive Order
212003-8 prior to the effective date of this amendatory Act of
22the 93rd General Assembly, and the organization shall be
23considered to be the exclusive representative of the personal
24assistants as defined in this Section; or (v) recognized as
25the exclusive representative of child and day care home
26providers, including licensed and license exempt providers,

 

 

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1pursuant to an election held under Executive Order 2005-1
2prior to the effective date of this amendatory Act of the 94th
3General Assembly, and the organization shall be considered to
4be the exclusive representative of the child and day care home
5providers as defined in this Section.
6    With respect to non-State fire fighters and paramedics
7employed by fire departments and fire protection districts,
8non-State peace officers, and peace officers in the Illinois
9Department of State Police, "exclusive representative" means
10the labor organization that has been (i) designated by the
11Board as the representative of a majority of peace officers or
12fire fighters in an appropriate bargaining unit in accordance
13with the procedures contained in this Act, (ii) historically
14recognized by the State of Illinois or any political
15subdivision of the State before January 1, 1986 (the effective
16date of this amendatory Act of 1985) as the exclusive
17representative by a majority of the peace officers or fire
18fighters in an appropriate bargaining unit, or (iii) after
19January 1, 1986 (the effective date of this amendatory Act of
201985) recognized by an employer upon evidence, acceptable to
21the Board, that the labor organization has been designated as
22the exclusive representative by a majority of the peace
23officers or fire fighters in an appropriate bargaining unit.
24    Where a historical pattern of representation exists for
25the workers of a water system that was owned by a public
26utility, as defined in Section 3-105 of the Public Utilities

 

 

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1Act, prior to becoming certified employees of a municipality
2or municipalities once the municipality or municipalities have
3acquired the water system as authorized in Section 11-124-5 of
4the Illinois Municipal Code, the Board shall find the labor
5organization that has historically represented the workers to
6be the exclusive representative under this Act, and shall find
7the unit represented by the exclusive representative to be the
8appropriate unit.
9    (g) "Fair share agreement" means an agreement between the
10employer and an employee organization under which all or any
11of the employees in a collective bargaining unit are required
12to pay their proportionate share of the costs of the
13collective bargaining process, contract administration, and
14pursuing matters affecting wages, hours, and other conditions
15of employment, but not to exceed the amount of dues uniformly
16required of members. The amount certified by the exclusive
17representative shall not include any fees for contributions
18related to the election or support of any candidate for
19political office. Nothing in this subsection (g) shall
20preclude an employee from making voluntary political
21contributions in conjunction with his or her fair share
22payment.
23    (g-1) "Fire fighter" means, for the purposes of this Act
24only, any person who has been or is hereafter appointed to a
25fire department or fire protection district or employed by a
26state university and sworn or commissioned to perform fire

 

 

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1fighter duties or paramedic duties, including paramedics
2employed by a unit of local government, except that the
3following persons are not included: part-time fire fighters,
4auxiliary, reserve or voluntary fire fighters, including paid
5on-call fire fighters, clerks and dispatchers or other
6civilian employees of a fire department or fire protection
7district who are not routinely expected to perform fire
8fighter duties, or elected officials.
9    (g-2) "General Assembly of the State of Illinois" means
10the legislative branch of the government of the State of
11Illinois, as provided for under Article IV of the Constitution
12of the State of Illinois, and includes but is not limited to
13the House of Representatives, the Senate, the Speaker of the
14House of Representatives, the Minority Leader of the House of
15Representatives, the President of the Senate, the Minority
16Leader of the Senate, the Joint Committee on Legislative
17Support Services and any legislative support services agency
18listed in the Legislative Commission Reorganization Act of
191984.
20    (h) "Governing body" means, in the case of the State, the
21State Panel of the Illinois Labor Relations Board, the
22Director of the Department of Central Management Services, and
23the Director of the Department of Labor; the county board in
24the case of a county; the corporate authorities in the case of
25a municipality; and the appropriate body authorized to provide
26for expenditures of its funds in the case of any other unit of

 

 

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1government.
2    (i) "Labor organization" means any organization in which
3public employees participate and that exists for the purpose,
4in whole or in part, of dealing with a public employer
5concerning wages, hours, and other terms and conditions of
6employment, including the settlement of grievances.
7    (i-5) "Legislative liaison" means a person who is an
8employee of a State agency, the Attorney General, the
9Secretary of State, the Comptroller, or the Treasurer, as the
10case may be, and whose job duties require the person to
11regularly communicate in the course of his or her employment
12with any official or staff of the General Assembly of the State
13of Illinois for the purpose of influencing any legislative
14action.
15    (j) "Managerial employee" means an individual who is
16engaged predominantly in executive and management functions
17and is charged with the responsibility of directing the
18effectuation of management policies and practices. With
19respect only to State employees in positions under the
20jurisdiction of the Attorney General, Secretary of State,
21Comptroller, or Treasurer (i) that were certified in a
22bargaining unit on or after December 2, 2008, (ii) for which a
23petition is filed with the Illinois Public Labor Relations
24Board on or after April 5, 2013 (the effective date of Public
25Act 97-1172), or (iii) for which a petition is pending before
26the Illinois Public Labor Relations Board on that date,

 

 

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1"managerial employee" means an individual who is engaged in
2executive and management functions or who is charged with the
3effectuation of management policies and practices or who
4represents management interests by taking or recommending
5discretionary actions that effectively control or implement
6policy. Nothing in this definition prohibits an individual
7from also meeting the definition of "supervisor" under
8subsection (r) of this Section.
9    (k) "Peace officer" means, for the purposes of this Act
10only, any persons who have been or are hereafter appointed to a
11police force, department, or agency and sworn or commissioned
12to perform police duties, except that the following persons
13are not included: part-time police officers, special police
14officers, auxiliary police as defined by Section 3.1-30-20 of
15the Illinois Municipal Code, night watchmen, "merchant
16police", court security officers as defined by Section
173-6012.1 of the Counties Code, temporary employees, traffic
18guards or wardens, civilian parking meter and parking
19facilities personnel or other individuals specially appointed
20to aid or direct traffic at or near schools or public functions
21or to aid in civil defense or disaster, parking enforcement
22employees who are not commissioned as peace officers and who
23are not armed and who are not routinely expected to effect
24arrests, parking lot attendants, clerks and dispatchers or
25other civilian employees of a police department who are not
26routinely expected to effect arrests, or elected officials.

 

 

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1    (l) "Person" includes one or more individuals, labor
2organizations, public employees, associations, corporations,
3legal representatives, trustees, trustees in bankruptcy,
4receivers, or the State of Illinois or any political
5subdivision of the State or governing body, but does not
6include the General Assembly of the State of Illinois or any
7individual employed by the General Assembly of the State of
8Illinois.
9    (m) "Professional employee" means any employee engaged in
10work predominantly intellectual and varied in character rather
11than routine mental, manual, mechanical or physical work;
12involving the consistent exercise of discretion and adjustment
13in its performance; of such a character that the output
14produced or the result accomplished cannot be standardized in
15relation to a given period of time; and requiring advanced
16knowledge in a field of science or learning customarily
17acquired by a prolonged course of specialized intellectual
18instruction and study in an institution of higher learning or
19a hospital, as distinguished from a general academic education
20or from apprenticeship or from training in the performance of
21routine mental, manual, or physical processes; or any employee
22who has completed the courses of specialized intellectual
23instruction and study prescribed in this subsection (m) and is
24performing related work under the supervision of a
25professional person to qualify to become a professional
26employee as defined in this subsection (m).

 

 

HB3655- 21 -LRB102 16922 WGH 22334 b

1    (n) "Public employee" or "employee", for the purposes of
2this Act, means any individual employed by a public employer,
3including (i) interns and residents at public hospitals, (ii)
4as of the effective date of this amendatory Act of the 93rd
5General Assembly, but not before, personal assistants working
6under the Home Services Program under Section 3 of the
7Rehabilitation of Persons with Disabilities Act, subject to
8the limitations set forth in this Act and in the
9Rehabilitation of Persons with Disabilities Act, (iii) as of
10the effective date of this amendatory Act of the 94th General
11Assembly, but not before, child and day care home providers
12participating in the child care assistance program under
13Section 9A-11 of the Illinois Public Aid Code, subject to the
14limitations set forth in this Act and in Section 9A-11 of the
15Illinois Public Aid Code, (iv) as of January 29, 2013 (the
16effective date of Public Act 97-1158), but not before except
17as otherwise provided in this subsection (n), home care and
18home health workers who function as personal assistants and
19individual maintenance home health workers and who also work
20under the Home Services Program under Section 3 of the
21Rehabilitation of Persons with Disabilities Act, no matter
22whether the State provides those services through direct
23fee-for-service arrangements, with the assistance of a managed
24care organization or other intermediary, or otherwise, (v)
25beginning on the effective date of this amendatory Act of the
2698th General Assembly and notwithstanding any other provision

 

 

HB3655- 22 -LRB102 16922 WGH 22334 b

1of this Act, any person employed by a public employer and who
2is classified as or who holds the employment title of Chief
3Stationary Engineer, Assistant Chief Stationary Engineer,
4Sewage Plant Operator, Water Plant Operator, Stationary
5Engineer, Plant Operating Engineer, and any other employee who
6holds the position of: Civil Engineer V, Civil Engineer VI,
7Civil Engineer VII, Technical Manager I, Technical Manager II,
8Technical Manager III, Technical Manager IV, Technical Manager
9V, Technical Manager VI, Realty Specialist III, Realty
10Specialist IV, Realty Specialist V, Technical Advisor I,
11Technical Advisor II, Technical Advisor III, Technical Advisor
12IV, or Technical Advisor V employed by the Department of
13Transportation who is in a position which is certified in a
14bargaining unit on or before the effective date of this
15amendatory Act of the 98th General Assembly, and (vi)
16beginning on the effective date of this amendatory Act of the
1798th General Assembly and notwithstanding any other provision
18of this Act, any mental health administrator in the Department
19of Corrections who is classified as or who holds the position
20of Public Service Administrator (Option 8K), any employee of
21the Office of the Inspector General in the Department of Human
22Services who is classified as or who holds the position of
23Public Service Administrator (Option 7), any Deputy of
24Intelligence in the Department of Corrections who is
25classified as or who holds the position of Public Service
26Administrator (Option 7), and any employee of the Illinois

 

 

HB3655- 23 -LRB102 16922 WGH 22334 b

1Department of State Police who handles issues concerning the
2Illinois State Police Sex Offender Registry and who is
3classified as or holds the position of Public Service
4Administrator (Option 7), but excluding all of the following:
5employees of the General Assembly of the State of Illinois;
6elected officials; executive heads of a department; members of
7boards or commissions; the Executive Inspectors General; any
8special Executive Inspectors General; employees of each Office
9of an Executive Inspector General; commissioners and employees
10of the Executive Ethics Commission; the Auditor General's
11Inspector General; employees of the Office of the Auditor
12General's Inspector General; the Legislative Inspector
13General; any special Legislative Inspectors General; employees
14of the Office of the Legislative Inspector General;
15commissioners and employees of the Legislative Ethics
16Commission; employees of any agency, board or commission
17created by this Act; employees appointed to State positions of
18a temporary or emergency nature; all employees of school
19districts and higher education institutions except
20firefighters and peace officers employed by a state university
21and except peace officers employed by a school district in its
22own police department in existence on the effective date of
23this amendatory Act of the 96th General Assembly; managerial
24employees; short-term employees; legislative liaisons; a
25person who is a State employee under the jurisdiction of the
26Office of the Attorney General who is licensed to practice law

 

 

HB3655- 24 -LRB102 16922 WGH 22334 b

1or whose position authorizes, either directly or indirectly,
2meaningful input into government decision-making on issues
3where there is room for principled disagreement on goals or
4their implementation; a person who is a State employee under
5the jurisdiction of the Office of the Comptroller who holds
6the position of Public Service Administrator or whose position
7is otherwise exempt under the Comptroller Merit Employment
8Code; a person who is a State employee under the jurisdiction
9of the Secretary of State who holds the position
10classification of Executive I or higher, whose position
11authorizes, either directly or indirectly, meaningful input
12into government decision-making on issues where there is room
13for principled disagreement on goals or their implementation,
14or who is otherwise exempt under the Secretary of State Merit
15Employment Code; employees in the Office of the Secretary of
16State who are completely exempt from jurisdiction B of the
17Secretary of State Merit Employment Code and who are in
18Rutan-exempt positions on or after April 5, 2013 (the
19effective date of Public Act 97-1172); a person who is a State
20employee under the jurisdiction of the Treasurer who holds a
21position that is exempt from the State Treasurer Employment
22Code; any employee of a State agency who (i) holds the title or
23position of, or exercises substantially similar duties as a
24legislative liaison, Agency General Counsel, Agency Chief of
25Staff, Agency Executive Director, Agency Deputy Director,
26Agency Chief Fiscal Officer, Agency Human Resources Director,

 

 

HB3655- 25 -LRB102 16922 WGH 22334 b

1Public Information Officer, or Chief Information Officer and
2(ii) was neither included in a bargaining unit nor subject to
3an active petition for certification in a bargaining unit; any
4employee of a State agency who (i) is in a position that is
5Rutan-exempt, as designated by the employer, and completely
6exempt from jurisdiction B of the Personnel Code and (ii) was
7neither included in a bargaining unit nor subject to an active
8petition for certification in a bargaining unit; any term
9appointed employee of a State agency pursuant to Section 8b.18
10or 8b.19 of the Personnel Code who was neither included in a
11bargaining unit nor subject to an active petition for
12certification in a bargaining unit; any employment position
13properly designated pursuant to Section 6.1 of this Act;
14confidential employees; independent contractors; and
15supervisors except as provided in this Act.
16    Home care and home health workers who function as personal
17assistants and individual maintenance home health workers and
18who also work under the Home Services Program under Section 3
19of the Rehabilitation of Persons with Disabilities Act shall
20not be considered public employees for any purposes not
21specifically provided for in Public Act 93-204 or Public Act
2297-1158, including but not limited to, purposes of vicarious
23liability in tort and purposes of statutory retirement or
24health insurance benefits. Home care and home health workers
25who function as personal assistants and individual maintenance
26home health workers and who also work under the Home Services

 

 

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1Program under Section 3 of the Rehabilitation of Persons with
2Disabilities Act shall not be covered by the State Employees
3Group Insurance Act of 1971 (5 ILCS 375/).
4    Child and day care home providers shall not be considered
5public employees for any purposes not specifically provided
6for in this amendatory Act of the 94th General Assembly,
7including but not limited to, purposes of vicarious liability
8in tort and purposes of statutory retirement or health
9insurance benefits. Child and day care home providers shall
10not be covered by the State Employees Group Insurance Act of
111971.
12    Notwithstanding Section 9, subsection (c), or any other
13provisions of this Act, all peace officers above the rank of
14captain in municipalities with more than 1,000,000 inhabitants
15shall be excluded from this Act.
16    (o) Except as otherwise in subsection (o-5), "public
17employer" or "employer" means the State of Illinois; any
18political subdivision of the State, unit of local government
19or school district; authorities including departments,
20divisions, bureaus, boards, commissions, or other agencies of
21the foregoing entities; and any person acting within the scope
22of his or her authority, express or implied, on behalf of those
23entities in dealing with its employees. As of the effective
24date of the amendatory Act of the 93rd General Assembly, but
25not before, the State of Illinois shall be considered the
26employer of the personal assistants working under the Home

 

 

HB3655- 27 -LRB102 16922 WGH 22334 b

1Services Program under Section 3 of the Rehabilitation of
2Persons with Disabilities Act, subject to the limitations set
3forth in this Act and in the Rehabilitation of Persons with
4Disabilities Act. As of January 29, 2013 (the effective date
5of Public Act 97-1158), but not before except as otherwise
6provided in this subsection (o), the State shall be considered
7the employer of home care and home health workers who function
8as personal assistants and individual maintenance home health
9workers and who also work under the Home Services Program
10under Section 3 of the Rehabilitation of Persons with
11Disabilities Act, no matter whether the State provides those
12services through direct fee-for-service arrangements, with the
13assistance of a managed care organization or other
14intermediary, or otherwise, but subject to the limitations set
15forth in this Act and the Rehabilitation of Persons with
16Disabilities Act. The State shall not be considered to be the
17employer of home care and home health workers who function as
18personal assistants and individual maintenance home health
19workers and who also work under the Home Services Program
20under Section 3 of the Rehabilitation of Persons with
21Disabilities Act, for any purposes not specifically provided
22for in Public Act 93-204 or Public Act 97-1158, including but
23not limited to, purposes of vicarious liability in tort and
24purposes of statutory retirement or health insurance benefits.
25Home care and home health workers who function as personal
26assistants and individual maintenance home health workers and

 

 

HB3655- 28 -LRB102 16922 WGH 22334 b

1who also work under the Home Services Program under Section 3
2of the Rehabilitation of Persons with Disabilities Act shall
3not be covered by the State Employees Group Insurance Act of
41971 (5 ILCS 375/). As of the effective date of this amendatory
5Act of the 94th General Assembly but not before, the State of
6Illinois shall be considered the employer of the day and child
7care home providers participating in the child care assistance
8program under Section 9A-11 of the Illinois Public Aid Code,
9subject to the limitations set forth in this Act and in Section
109A-11 of the Illinois Public Aid Code. The State shall not be
11considered to be the employer of child and day care home
12providers for any purposes not specifically provided for in
13this amendatory Act of the 94th General Assembly, including
14but not limited to, purposes of vicarious liability in tort
15and purposes of statutory retirement or health insurance
16benefits. Child and day care home providers shall not be
17covered by the State Employees Group Insurance Act of 1971.
18    "Public employer" or "employer" as used in this Act,
19however, does not mean and shall not include the General
20Assembly of the State of Illinois, the Executive Ethics
21Commission, the Offices of the Executive Inspectors General,
22the Legislative Ethics Commission, the Office of the
23Legislative Inspector General, the Office of the Auditor
24General's Inspector General, the Office of the Governor, the
25Governor's Office of Management and Budget, the Illinois
26Finance Authority, the Office of the Lieutenant Governor, the

 

 

HB3655- 29 -LRB102 16922 WGH 22334 b

1State Board of Elections, and educational employers or
2employers as defined in the Illinois Educational Labor
3Relations Act, except with respect to a state university in
4its employment of firefighters and peace officers and except
5with respect to a school district in the employment of peace
6officers in its own police department in existence on the
7effective date of this amendatory Act of the 96th General
8Assembly. County boards and county sheriffs shall be
9designated as joint or co-employers of county peace officers
10appointed under the authority of a county sheriff. Nothing in
11this subsection (o) shall be construed to prevent the State
12Panel or the Local Panel from determining that employers are
13joint or co-employers.
14    (o-5) With respect to wages, fringe benefits, hours,
15holidays, vacations, proficiency examinations, sick leave, and
16other conditions of employment, the public employer of public
17employees who are court reporters, as defined in the Court
18Reporters Act, shall be determined as follows:
19        (1) For court reporters employed by the Cook County
20    Judicial Circuit, the chief judge of the Cook County
21    Circuit Court is the public employer and employer
22    representative.
23        (2) For court reporters employed by the 12th, 18th,
24    19th, and, on and after December 4, 2006, the 22nd
25    judicial circuits, a group consisting of the chief judges
26    of those circuits, acting jointly by majority vote, is the

 

 

HB3655- 30 -LRB102 16922 WGH 22334 b

1    public employer and employer representative.
2        (3) For court reporters employed by all other judicial
3    circuits, a group consisting of the chief judges of those
4    circuits, acting jointly by majority vote, is the public
5    employer and employer representative.
6    (p) "Security employee" means an employee who is
7responsible for the supervision and control of inmates at
8correctional facilities. The term also includes other
9non-security employees in bargaining units having the majority
10of employees being responsible for the supervision and control
11of inmates at correctional facilities.
12    (q) "Short-term employee" means an employee who is
13employed for less than 2 consecutive calendar quarters during
14a calendar year and who does not have a reasonable assurance
15that he or she will be rehired by the same employer for the
16same service in a subsequent calendar year.
17    (q-5) "State agency" means an agency directly responsible
18to the Governor, as defined in Section 3.1 of the Executive
19Reorganization Implementation Act, and the Illinois Commerce
20Commission, the Illinois Workers' Compensation Commission, the
21Civil Service Commission, the Pollution Control Board, the
22Illinois Racing Board, and the Illinois Department of State
23Police Merit Board.
24    (r) "Supervisor" is:
25        (1) An employee whose principal work is substantially
26    different from that of his or her subordinates and who has

 

 

HB3655- 31 -LRB102 16922 WGH 22334 b

1    authority, in the interest of the employer, to hire,
2    transfer, suspend, lay off, recall, promote, discharge,
3    direct, reward, or discipline employees, to adjust their
4    grievances, or to effectively recommend any of those
5    actions, if the exercise of that authority is not of a
6    merely routine or clerical nature, but requires the
7    consistent use of independent judgment. Except with
8    respect to police employment, the term "supervisor"
9    includes only those individuals who devote a preponderance
10    of their employment time to exercising that authority,
11    State supervisors notwithstanding. Nothing in this
12    definition prohibits an individual from also meeting the
13    definition of "managerial employee" under subsection (j)
14    of this Section. In addition, in determining supervisory
15    status in police employment, rank shall not be
16    determinative. The Board shall consider, as evidence of
17    bargaining unit inclusion or exclusion, the common law
18    enforcement policies and relationships between police
19    officer ranks and certification under applicable civil
20    service law, ordinances, personnel codes, or Division 2.1
21    of Article 10 of the Illinois Municipal Code, but these
22    factors shall not be the sole or predominant factors
23    considered by the Board in determining police supervisory
24    status.
25        Notwithstanding the provisions of the preceding
26    paragraph, in determining supervisory status in fire

 

 

HB3655- 32 -LRB102 16922 WGH 22334 b

1    fighter employment, no fire fighter shall be excluded as a
2    supervisor who has established representation rights under
3    Section 9 of this Act. Further, in new fire fighter units,
4    employees shall consist of fire fighters of the rank of
5    company officer and below. If a company officer otherwise
6    qualifies as a supervisor under the preceding paragraph,
7    however, he or she shall not be included in the fire
8    fighter unit. If there is no rank between that of chief and
9    the highest company officer, the employer may designate a
10    position on each shift as a Shift Commander, and the
11    persons occupying those positions shall be supervisors.
12    All other ranks above that of company officer shall be
13    supervisors.
14        (2) With respect only to State employees in positions
15    under the jurisdiction of the Attorney General, Secretary
16    of State, Comptroller, or Treasurer (i) that were
17    certified in a bargaining unit on or after December 2,
18    2008, (ii) for which a petition is filed with the Illinois
19    Public Labor Relations Board on or after April 5, 2013
20    (the effective date of Public Act 97-1172), or (iii) for
21    which a petition is pending before the Illinois Public
22    Labor Relations Board on that date, an employee who
23    qualifies as a supervisor under (A) Section 152 of the
24    National Labor Relations Act and (B) orders of the
25    National Labor Relations Board interpreting that provision
26    or decisions of courts reviewing decisions of the National

 

 

HB3655- 33 -LRB102 16922 WGH 22334 b

1    Labor Relations Board.
2    (s)(1) "Unit" means a class of jobs or positions that are
3held by employees whose collective interests may suitably be
4represented by a labor organization for collective bargaining.
5Except with respect to non-State fire fighters and paramedics
6employed by fire departments and fire protection districts,
7non-State peace officers, and peace officers in the Illinois
8Department of State Police, a bargaining unit determined by
9the Board shall not include both employees and supervisors, or
10supervisors only, except as provided in paragraph (2) of this
11subsection (s) and except for bargaining units in existence on
12July 1, 1984 (the effective date of this Act). With respect to
13non-State fire fighters and paramedics employed by fire
14departments and fire protection districts, non-State peace
15officers, and peace officers in the Illinois Department of
16State Police, a bargaining unit determined by the Board shall
17not include both supervisors and nonsupervisors, or
18supervisors only, except as provided in paragraph (2) of this
19subsection (s) and except for bargaining units in existence on
20January 1, 1986 (the effective date of this amendatory Act of
211985). A bargaining unit determined by the Board to contain
22peace officers shall contain no employees other than peace
23officers unless otherwise agreed to by the employer and the
24labor organization or labor organizations involved.
25Notwithstanding any other provision of this Act, a bargaining
26unit, including a historical bargaining unit, containing sworn

 

 

HB3655- 34 -LRB102 16922 WGH 22334 b

1peace officers of the Department of Natural Resources
2(formerly designated the Department of Conservation) shall
3contain no employees other than such sworn peace officers upon
4the effective date of this amendatory Act of 1990 or upon the
5expiration date of any collective bargaining agreement in
6effect upon the effective date of this amendatory Act of 1990
7covering both such sworn peace officers and other employees.
8    (2) Notwithstanding the exclusion of supervisors from
9bargaining units as provided in paragraph (1) of this
10subsection (s), a public employer may agree to permit its
11supervisory employees to form bargaining units and may bargain
12with those units. This Act shall apply if the public employer
13chooses to bargain under this subsection.
14    (3) Public employees who are court reporters, as defined
15in the Court Reporters Act, shall be divided into 3 units for
16collective bargaining purposes. One unit shall be court
17reporters employed by the Cook County Judicial Circuit; one
18unit shall be court reporters employed by the 12th, 18th,
1919th, and, on and after December 4, 2006, the 22nd judicial
20circuits; and one unit shall be court reporters employed by
21all other judicial circuits.
22    (t) "Active petition for certification in a bargaining
23unit" means a petition for certification filed with the Board
24under one of the following case numbers: S-RC-11-110;
25S-RC-11-098; S-UC-11-080; S-RC-11-086; S-RC-11-074;
26S-RC-11-076; S-RC-11-078; S-UC-11-052; S-UC-11-054;

 

 

HB3655- 35 -LRB102 16922 WGH 22334 b

1S-RC-11-062; S-RC-11-060; S-RC-11-042; S-RC-11-014;
2S-RC-11-016; S-RC-11-020; S-RC-11-030; S-RC-11-004;
3S-RC-10-244; S-RC-10-228; S-RC-10-222; S-RC-10-220;
4S-RC-10-214; S-RC-10-196; S-RC-10-194; S-RC-10-178;
5S-RC-10-176; S-RC-10-162; S-RC-10-156; S-RC-10-088;
6S-RC-10-074; S-RC-10-076; S-RC-10-078; S-RC-10-060;
7S-RC-10-070; S-RC-10-044; S-RC-10-038; S-RC-10-040;
8S-RC-10-042; S-RC-10-018; S-RC-10-024; S-RC-10-004;
9S-RC-10-006; S-RC-10-008; S-RC-10-010; S-RC-10-012;
10S-RC-09-202; S-RC-09-182; S-RC-09-180; S-RC-09-156;
11S-UC-09-196; S-UC-09-182; S-RC-08-130; S-RC-07-110; or
12S-RC-07-100.
13(Source: P.A. 99-143, eff. 7-27-15; 100-1131, eff. 11-28-18.)
 
14    (5 ILCS 315/6.1)
15    Sec. 6.1. Gubernatorial designation of certain public
16employment positions as excluded from collective bargaining.
17    (a) Notwithstanding any provision of this Act to the
18contrary, except subsections (e) and (f) of this Section, the
19Governor is authorized to designate up to 3,580 State
20employment positions collectively within State agencies
21directly responsible to the Governor, and, upon designation,
22those positions and employees in those positions, if any, are
23hereby excluded from the self-organization and collective
24bargaining provisions of Section 6 of this Act. Only those
25employment positions that have been certified in a bargaining

 

 

HB3655- 36 -LRB102 16922 WGH 22334 b

1unit on or after December 2, 2008, that have a pending petition
2for certification in a bargaining unit on April 5, 2013 (the
3effective date of Public Act 97-1172), or that neither have
4been certified in a bargaining unit on or after December 2,
52008 nor have a pending petition for certification in a
6bargaining unit on the effective date of this amendatory Act
7of the 97th General Assembly are eligible to be designated by
8the Governor under this Section. The Governor may not
9designate under this Section, however, more than 1,900
10employment positions that have been certified in a bargaining
11unit on or after December 2, 2008.
12    (b) In order to properly designate a State employment
13position under this Section, the Governor shall provide in
14writing to the Board: the job title and job duties of the
15employment position; the name of the State employee currently
16in the employment position, if any; the name of the State
17agency employing the public employee; and the category under
18which the position qualifies for designation under this
19Section.
20    To qualify for designation under this Section, the
21employment position must meet one or more of the following
22requirements:
23        (1) it must authorize an employee in that position to
24    act as a legislative liaison;
25        (2) it must have a title of, or authorize a person who
26    holds that position to exercise substantially similar

 

 

HB3655- 37 -LRB102 16922 WGH 22334 b

1    duties as an, Agency General Counsel, Agency Chief of
2    Staff, Agency Executive Director, Agency Deputy Director,
3    Agency Chief Fiscal Officer, Agency Human Resources
4    Director, Senior Public Service Administrator, Public
5    Information Officer, or Chief Information Officer;
6        (3) it must be a Rutan-exempt, as designated by the
7    employer, position and completely exempt from jurisdiction
8    B of the Personnel Code;
9        (4) it must be a term appointed position pursuant to
10    Section 8b.18 or 8b.19 of the Personnel Code; or
11        (5) it must authorize an employee in that position to
12    have significant and independent discretionary authority
13    as an employee.
14    Within 60 days after the Governor makes a designation
15under this Section, the Board shall determine, in a manner
16that is consistent with the requirements of due process,
17whether the designation comports with the requirements of this
18Section.
19    (c) For the purposes of this Section, a person has
20significant and independent discretionary authority as an
21employee if he or she (i) is engaged in executive and
22management functions of a State agency and charged with the
23effectuation of management policies and practices of a State
24agency or represents management interests by taking or
25recommending discretionary actions that effectively control or
26implement the policy of a State agency or (ii) qualifies as a

 

 

HB3655- 38 -LRB102 16922 WGH 22334 b

1supervisor of a State agency as that term is defined under
2Section 152 of the National Labor Relations Act or any orders
3of the National Labor Relations Board interpreting that
4provision or decisions of courts reviewing decisions of the
5National Labor Relations Board.
6    (d) The Governor must exercise the authority afforded
7under this Section within 365 calendar days after April 5,
82013 (the effective date of Public Act 97-1172). Any
9designation made by the Governor under this Section shall be
10presumed to have been properly made.
11    If the Governor chooses not to designate a position under
12this Section, then that decision does not preclude a State
13agency from otherwise challenging the certification of that
14position under this Act.
15    The qualifying categories set forth in paragraphs (1)
16through (5) of subsection (b) of this Section are operative
17and function solely within this Section and do not expand or
18restrict the scope of any other provision contained in this
19Act.
20    (e) The provisions of this Section do not apply to any
21employee who is employed by a public employer and who is
22classified as, or holds the employment title of, Chief
23Stationary Engineer, Assistant Chief Stationary Engineer,
24Sewage Plant Operator, Water Plant Operator, Stationary
25Engineer, Plant Operating Engineer, and any employee who holds
26the position of: Civil Engineer V, Civil Engineer VI, Civil

 

 

HB3655- 39 -LRB102 16922 WGH 22334 b

1Engineer VII, Technical Manager I, Technical Manager II,
2Technical Manager III, Technical Manager IV, Technical Manager
3V, Technical Manager VI, Realty Specialist III, Realty
4Specialist IV, Realty Specialist V, Technical Advisor I,
5Technical Advisor II, Technical Advisor III, Technical Advisor
6IV, or Technical Advisor V employed by the Department of
7Transportation who is in a position which is certified in a
8bargaining unit on or before the effective date of this
9amendatory Act of the 98th General Assembly.
10    (f) The provisions of this Section also do not apply to any
11mental health administrator in the Department of Corrections
12who is classified as or who holds the position of Public
13Service Administrator (Option 8K), any employee of the Office
14of the Inspector General in the Department of Human Services
15who is classified as or who holds the position of Public
16Service Administrator (Option 7), any Deputy of Intelligence
17in the Department of Corrections who is classified as or who
18holds the position of Public Service Administrator (Option 7),
19or any employee of the Illinois Department of State Police who
20handles issues concerning the Illinois State Police Sex
21Offender Registry and who is classified as or holds the
22position of Public Service Administrator (Option 7).
23(Source: P.A. 97-1172, eff. 4-5-13; 98-100, eff. 7-19-13.)
 
24    (5 ILCS 315/9)  (from Ch. 48, par. 1609)
25    Sec. 9. Elections; recognition.

 

 

HB3655- 40 -LRB102 16922 WGH 22334 b

1    (a) Whenever in accordance with such regulations as may be
2prescribed by the Board a petition has been filed:
3        (1) by a public employee or group of public employees
4    or any labor organization acting in their behalf
5    demonstrating that 30% of the public employees in an
6    appropriate unit (A) wish to be represented for the
7    purposes of collective bargaining by a labor organization
8    as exclusive representative, or (B) asserting that the
9    labor organization which has been certified or is
10    currently recognized by the public employer as bargaining
11    representative is no longer the representative of the
12    majority of public employees in the unit; or
13        (2) by a public employer alleging that one or more
14    labor organizations have presented to it a claim that they
15    be recognized as the representative of a majority of the
16    public employees in an appropriate unit,
17the Board shall investigate such petition, and if it has
18reasonable cause to believe that a question of representation
19exists, shall provide for an appropriate hearing upon due
20notice. Such hearing shall be held at the offices of the Board
21or such other location as the Board deems appropriate. If it
22finds upon the record of the hearing that a question of
23representation exists, it shall direct an election in
24accordance with subsection (d) of this Section, which election
25shall be held not later than 120 days after the date the
26petition was filed regardless of whether that petition was

 

 

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1filed before or after the effective date of this amendatory
2Act of 1987; provided, however, the Board may extend the time
3for holding an election by an additional 60 days if, upon
4motion by a person who has filed a petition under this Section
5or is the subject of a petition filed under this Section and is
6a party to such hearing, or upon the Board's own motion, the
7Board finds that good cause has been shown for extending the
8election date; provided further, that nothing in this Section
9shall prohibit the Board, in its discretion, from extending
10the time for holding an election for so long as may be
11necessary under the circumstances, where the purpose for such
12extension is to permit resolution by the Board of an unfair
13labor practice charge filed by one of the parties to a
14representational proceeding against the other based upon
15conduct which may either affect the existence of a question
16concerning representation or have a tendency to interfere with
17a fair and free election, where the party filing the charge has
18not filed a request to proceed with the election; and provided
19further that prior to the expiration of the total time
20allotted for holding an election, a person who has filed a
21petition under this Section or is the subject of a petition
22filed under this Section and is a party to such hearing or the
23Board, may move for and obtain the entry of an order in the
24circuit court of the county in which the majority of the public
25employees sought to be represented by such person reside, such
26order extending the date upon which the election shall be

 

 

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1held. Such order shall be issued by the circuit court only upon
2a judicial finding that there has been a sufficient showing
3that there is good cause to extend the election date beyond
4such period and shall require the Board to hold the election as
5soon as is feasible given the totality of the circumstances.
6Such 120 day period may be extended one or more times by the
7agreement of all parties to the hearing to a date certain
8without the necessity of obtaining a court order. Nothing in
9this Section prohibits the waiving of hearings by stipulation
10for the purpose of a consent election in conformity with the
11rules and regulations of the Board or an election in a unit
12agreed upon by the parties. Other interested employee
13organizations may intervene in the proceedings in the manner
14and within the time period specified by rules and regulations
15of the Board. Interested parties who are necessary to the
16proceedings may also intervene in the proceedings in the
17manner and within the time period specified by the rules and
18regulations of the Board.
19    (a-5) The Board shall designate an exclusive
20representative for purposes of collective bargaining when the
21representative demonstrates a showing of majority interest by
22employees in the unit. If the parties to a dispute are without
23agreement on the means to ascertain the choice, if any, of
24employee organization as their representative, the Board shall
25ascertain the employees' choice of employee organization, on
26the basis of dues deduction authorization or other evidence,

 

 

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1or, if necessary, by conducting an election. All evidence
2submitted by an employee organization to the Board to
3ascertain an employee's choice of an employee organization is
4confidential and shall not be submitted to the employer for
5review. The Board shall ascertain the employee's choice of
6employee organization within 120 days after the filing of the
7majority interest petition; however, the Board may extend time
8by an additional 60 days, upon its own motion or upon the
9motion of a party to the proceeding. If either party provides
10to the Board, before the designation of a representative,
11clear and convincing evidence that the dues deduction
12authorizations, and other evidence upon which the Board would
13otherwise rely to ascertain the employees' choice of
14representative, are fraudulent or were obtained through
15coercion, the Board shall promptly thereafter conduct an
16election. The Board shall also investigate and consider a
17party's allegations that the dues deduction authorizations and
18other evidence submitted in support of a designation of
19representative without an election were subsequently changed,
20altered, withdrawn, or withheld as a result of employer fraud,
21coercion, or any other unfair labor practice by the employer.
22If the Board determines that a labor organization would have
23had a majority interest but for an employer's fraud, coercion,
24or unfair labor practice, it shall designate the labor
25organization as an exclusive representative without conducting
26an election. If a hearing is necessary to resolve any issues of

 

 

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1representation under this Section, the Board shall conclude
2its hearing process and issue a certification of the entire
3appropriate unit not later than 120 days after the date the
4petition was filed. The 120-day period may be extended one or
5more times by the agreement of all parties to a hearing to a
6date certain.
7    (a-6) A labor organization or an employer may file a unit
8clarification petition seeking to clarify an existing
9bargaining unit. The Board shall conclude its investigation,
10including any hearing process deemed necessary, and issue a
11certification of clarified unit or dismiss the petition not
12later than 120 days after the date the petition was filed. The
13120-day period may be extended one or more times by the
14agreement of all parties to a hearing to a date certain.
15    (b) The Board shall decide in each case, in order to assure
16public employees the fullest freedom in exercising the rights
17guaranteed by this Act, a unit appropriate for the purpose of
18collective bargaining, based upon but not limited to such
19factors as: historical pattern of recognition; community of
20interest including employee skills and functions; degree of
21functional integration; interchangeability and contact among
22employees; fragmentation of employee groups; common
23supervision, wages, hours and other working conditions of the
24employees involved; and the desires of the employees. For
25purposes of this subsection, fragmentation shall not be the
26sole or predominant factor used by the Board in determining an

 

 

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1appropriate bargaining unit. Except with respect to non-State
2fire fighters and paramedics employed by fire departments and
3fire protection districts, non-State peace officers and peace
4officers in the Illinois State Department of State Police, a
5single bargaining unit determined by the Board may not include
6both supervisors and nonsupervisors, except for bargaining
7units in existence on the effective date of this Act. With
8respect to non-State fire fighters and paramedics employed by
9fire departments and fire protection districts, non-State
10peace officers and peace officers in the Illinois State
11Department of State Police, a single bargaining unit
12determined by the Board may not include both supervisors and
13nonsupervisors, except for bargaining units in existence on
14the effective date of this amendatory Act of 1985.
15    In cases involving an historical pattern of recognition,
16and in cases where the employer has recognized the union as the
17sole and exclusive bargaining agent for a specified existing
18unit, the Board shall find the employees in the unit then
19represented by the union pursuant to the recognition to be the
20appropriate unit.
21    Notwithstanding the above factors, where the majority of
22public employees of a craft so decide, the Board shall
23designate such craft as a unit appropriate for the purposes of
24collective bargaining.
25    The Board shall not decide that any unit is appropriate if
26such unit includes both professional and nonprofessional

 

 

HB3655- 46 -LRB102 16922 WGH 22334 b

1employees, unless a majority of each group votes for inclusion
2in such unit.
3    (c) Nothing in this Act shall interfere with or negate the
4current representation rights or patterns and practices of
5labor organizations which have historically represented public
6employees for the purpose of collective bargaining, including
7but not limited to the negotiations of wages, hours and
8working conditions, discussions of employees' grievances,
9resolution of jurisdictional disputes, or the establishment
10and maintenance of prevailing wage rates, unless a majority of
11employees so represented express a contrary desire pursuant to
12the procedures set forth in this Act.
13    (d) In instances where the employer does not voluntarily
14recognize a labor organization as the exclusive bargaining
15representative for a unit of employees, the Board shall
16determine the majority representative of the public employees
17in an appropriate collective bargaining unit by conducting a
18secret ballot election, except as otherwise provided in
19subsection (a-5). Within 7 days after the Board issues its
20bargaining unit determination and direction of election or the
21execution of a stipulation for the purpose of a consent
22election, the public employer shall submit to the labor
23organization the complete names and addresses of those
24employees who are determined by the Board to be eligible to
25participate in the election. When the Board has determined
26that a labor organization has been fairly and freely chosen by

 

 

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1a majority of employees in an appropriate unit, it shall
2certify such organization as the exclusive representative. If
3the Board determines that a majority of employees in an
4appropriate unit has fairly and freely chosen not to be
5represented by a labor organization, it shall so certify. The
6Board may also revoke the certification of the public employee
7organizations as exclusive bargaining representatives which
8have been found by a secret ballot election to be no longer the
9majority representative.
10    (e) The Board shall not conduct an election in any
11bargaining unit or any subdivision thereof within which a
12valid election has been held in the preceding 12-month period.
13The Board shall determine who is eligible to vote in an
14election and shall establish rules governing the conduct of
15the election or conduct affecting the results of the election.
16The Board shall include on a ballot in a representation
17election a choice of "no representation". A labor organization
18currently representing the bargaining unit of employees shall
19be placed on the ballot in any representation election. In any
20election where none of the choices on the ballot receives a
21majority, a runoff election shall be conducted between the 2
22choices receiving the largest number of valid votes cast in
23the election. A labor organization which receives a majority
24of the votes cast in an election shall be certified by the
25Board as exclusive representative of all public employees in
26the unit.

 

 

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1    (f) A labor organization shall be designated as the
2exclusive representative by a public employer, provided that
3the labor organization represents a majority of the public
4employees in an appropriate unit. Any employee organization
5which is designated or selected by the majority of public
6employees, in a unit of the public employer having no other
7recognized or certified representative, as their
8representative for purposes of collective bargaining may
9request recognition by the public employer in writing. The
10public employer shall post such request for a period of at
11least 20 days following its receipt thereof on bulletin boards
12or other places used or reserved for employee notices.
13    (g) Within the 20-day period any other interested employee
14organization may petition the Board in the manner specified by
15rules and regulations of the Board, provided that such
16interested employee organization has been designated by at
17least 10% of the employees in an appropriate bargaining unit
18which includes all or some of the employees in the unit
19recognized by the employer. In such event, the Board shall
20proceed with the petition in the same manner as provided by
21paragraph (1) of subsection (a) of this Section.
22    (h) No election shall be directed by the Board in any
23bargaining unit where there is in force a valid collective
24bargaining agreement. The Board, however, may process an
25election petition filed between 90 and 60 days prior to the
26expiration of the date of an agreement, and may further

 

 

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1refine, by rule or decision, the implementation of this
2provision. Where more than 4 years have elapsed since the
3effective date of the agreement, the agreement shall continue
4to bar an election, except that the Board may process an
5election petition filed between 90 and 60 days prior to the end
6of the fifth year of such an agreement, and between 90 and 60
7days prior to the end of each successive year of such
8agreement.
9    (i) An order of the Board dismissing a representation
10petition, determining and certifying that a labor organization
11has been fairly and freely chosen by a majority of employees in
12an appropriate bargaining unit, determining and certifying
13that a labor organization has not been fairly and freely
14chosen by a majority of employees in the bargaining unit or
15certifying a labor organization as the exclusive
16representative of employees in an appropriate bargaining unit
17because of a determination by the Board that the labor
18organization is the historical bargaining representative of
19employees in the bargaining unit, is a final order. Any person
20aggrieved by any such order issued on or after the effective
21date of this amendatory Act of 1987 may apply for and obtain
22judicial review in accordance with provisions of the
23Administrative Review Law, as now or hereafter amended, except
24that such review shall be afforded directly in the Appellate
25Court for the district in which the aggrieved party resides or
26transacts business. Any direct appeal to the Appellate Court

 

 

HB3655- 50 -LRB102 16922 WGH 22334 b

1shall be filed within 35 days from the date that a copy of the
2decision sought to be reviewed was served upon the party
3affected by the decision.
4(Source: P.A. 95-331, eff. 8-21-07; 96-813, eff. 10-30-09.)
 
5    Section 25. The State Employee Indemnification Act is
6amended by changing Section 1 as follows:
 
7    (5 ILCS 350/1)  (from Ch. 127, par. 1301)
8    Sec. 1. Definitions. For the purpose of this Act:
9    (a) The term "State" means the State of Illinois, the
10General Assembly, the court, or any State office, department,
11division, bureau, board, commission, or committee, the
12governing boards of the public institutions of higher
13education created by the State, the Illinois National Guard,
14the Illinois State Guard, the Comprehensive Health Insurance
15Board, any poison control center designated under the Poison
16Control System Act that receives State funding, or any other
17agency or instrumentality of the State. It does not mean any
18local public entity as that term is defined in Section 1-206 of
19the Local Governmental and Governmental Employees Tort
20Immunity Act or a pension fund.
21    (b) The term "employee" means: any present or former
22elected or appointed officer, trustee or employee of the
23State, or of a pension fund; any present or former
24commissioner or employee of the Executive Ethics Commission or

 

 

HB3655- 51 -LRB102 16922 WGH 22334 b

1of the Legislative Ethics Commission; any present or former
2Executive, Legislative, or Auditor General's Inspector
3General; any present or former employee of an Office of an
4Executive, Legislative, or Auditor General's Inspector
5General; any present or former member of the Illinois National
6Guard while on active duty; any present or former member of the
7Illinois State Guard while on State active duty; individuals
8or organizations who contract with the Department of
9Corrections, the Department of Juvenile Justice, the
10Comprehensive Health Insurance Board, or the Department of
11Veterans' Affairs to provide services; individuals or
12organizations who contract with the Department of Human
13Services (as successor to the Department of Mental Health and
14Developmental Disabilities) to provide services including but
15not limited to treatment and other services for sexually
16violent persons; individuals or organizations who contract
17with the Department of Military Affairs for youth programs;
18individuals or organizations who contract to perform carnival
19and amusement ride safety inspections for the Department of
20Labor; individuals who contract with the Office of the State's
21Attorneys Appellate Prosecutor to provide legal services, but
22only when performing duties within the scope of the Office's
23prosecutorial activities; individual representatives of or
24designated organizations authorized to represent the Office of
25State Long-Term Ombudsman for the Department on Aging;
26individual representatives of or organizations designated by

 

 

HB3655- 52 -LRB102 16922 WGH 22334 b

1the Department on Aging in the performance of their duties as
2adult protective services agencies or regional administrative
3agencies under the Adult Protective Services Act; individuals
4or organizations appointed as members of a review team or the
5Advisory Council under the Adult Protective Services Act;
6individuals or organizations who perform volunteer services
7for the State where such volunteer relationship is reduced to
8writing; individuals who serve on any public entity (whether
9created by law or administrative action) described in
10paragraph (a) of this Section; individuals or not for profit
11organizations who, either as volunteers, where such volunteer
12relationship is reduced to writing, or pursuant to contract,
13furnish professional advice or consultation to any agency or
14instrumentality of the State; individuals who serve as foster
15parents for the Department of Children and Family Services
16when caring for youth in care as defined in Section 4d of the
17Children and Family Services Act; individuals who serve as
18members of an independent team of experts under the
19Developmental Disability and Mental Health Safety Act (also
20known as Brian's Law); and individuals who serve as
21arbitrators pursuant to Part 10A of Article II of the Code of
22Civil Procedure and the rules of the Supreme Court
23implementing Part 10A, each as now or hereafter amended; the
24term "employee" does not mean an independent contractor except
25as provided in this Section. The term includes an individual
26appointed as an inspector by the Director of the Illinois

 

 

HB3655- 53 -LRB102 16922 WGH 22334 b

1State Police when performing duties within the scope of the
2activities of a Metropolitan Enforcement Group or a law
3enforcement organization established under the
4Intergovernmental Cooperation Act. An individual who renders
5professional advice and consultation to the State through an
6organization which qualifies as an "employee" under the Act is
7also an employee. The term includes the estate or personal
8representative of an employee.
9    (c) The term "pension fund" means a retirement system or
10pension fund created under the Illinois Pension Code.
11(Source: P.A. 100-159, eff. 8-18-17; 100-1030, eff. 8-22-18;
12101-81, eff. 7-12-19.)
 
13    Section 30. The State Services Assurance Act for FY2008 is
14amended by changing Section 3-15 as follows:
 
15    (5 ILCS 382/3-15)
16    Sec. 3-15. Staffing standards. On or before July 1, 2008
17each named agency shall increase and maintain the number of
18bilingual on-board frontline staff over the levels that it
19maintained on June 30, 2007 as follows:
20        (1) The Department of Corrections shall have at least
21    40 additional bilingual on-board frontline staff.
22        (2) Mental health and developmental centers operated
23    by the Department of Human Services shall have at least 20
24    additional bilingual on-board frontline staff.

 

 

HB3655- 54 -LRB102 16922 WGH 22334 b

1        (3) Family and Community Resource Centers operated by
2    the Department of Human Services shall have at least 100
3    additional bilingual on-board frontline staff.
4        (4) The Department of Children and Family Services
5    shall have at least 40 additional bilingual on-board
6    frontline staff.
7        (5) The Department of Veterans' Veterans Affairs shall
8    have at least 5 additional bilingual on-board frontline
9    staff.
10        (6) The Environmental Protection Agency shall have at
11    least 5 additional bilingual on-board frontline staff.
12        (7) The Department of Employment Security shall have
13    at least 10 additional bilingual on-board frontline staff.
14        (8) The Department of Natural Resources shall have at
15    least 5 additional bilingual on-board frontline staff.
16        (9) The Department of Public Health shall have at
17    least 5 additional bilingual on-board frontline staff.
18        (10) The Illinois Department of State Police shall
19    have at least 5 additional bilingual on-board frontline
20    staff.
21        (11) The Department of Juvenile Justice shall have at
22    least 25 additional bilingual on-board frontline staff.
23(Source: P.A. 95-707, eff. 1-11-08; revised 9-19-16.)
 
24    Section 35. The State Officials and Employees Ethics Act
25is amended by changing Sections 5-50 and 50-5 as follows:
 

 

 

HB3655- 55 -LRB102 16922 WGH 22334 b

1    (5 ILCS 430/5-50)
2    Sec. 5-50. Ex parte communications; special government
3agents.
4    (a) This Section applies to ex parte communications made
5to any agency listed in subsection (e).
6    (b) "Ex parte communication" means any written or oral
7communication by any person that imparts or requests material
8information or makes a material argument regarding potential
9action concerning regulatory, quasi-adjudicatory, investment,
10or licensing matters pending before or under consideration by
11the agency. "Ex parte communication" does not include the
12following: (i) statements by a person publicly made in a
13public forum; (ii) statements regarding matters of procedure
14and practice, such as format, the number of copies required,
15the manner of filing, and the status of a matter; and (iii)
16statements made by a State employee of the agency to the agency
17head or other employees of that agency.
18    (b-5) An ex parte communication received by an agency,
19agency head, or other agency employee from an interested party
20or his or her official representative or attorney shall
21promptly be memorialized and made a part of the record.
22    (c) An ex parte communication received by any agency,
23agency head, or other agency employee, other than an ex parte
24communication described in subsection (b-5), shall immediately
25be reported to that agency's ethics officer by the recipient

 

 

HB3655- 56 -LRB102 16922 WGH 22334 b

1of the communication and by any other employee of that agency
2who responds to the communication. The ethics officer shall
3require that the ex parte communication be promptly made a
4part of the record. The ethics officer shall promptly file the
5ex parte communication with the Executive Ethics Commission,
6including all written communications, all written responses to
7the communications, and a memorandum prepared by the ethics
8officer stating the nature and substance of all oral
9communications, the identity and job title of the person to
10whom each communication was made, all responses made, the
11identity and job title of the person making each response, the
12identity of each person from whom the written or oral ex parte
13communication was received, the individual or entity
14represented by that person, any action the person requested or
15recommended, and any other pertinent information. The
16disclosure shall also contain the date of any ex parte
17communication.
18    (d) "Interested party" means a person or entity whose
19rights, privileges, or interests are the subject of or are
20directly affected by a regulatory, quasi-adjudicatory,
21investment, or licensing matter.
22    (e) This Section applies to the following agencies:
23Executive Ethics Commission
24Illinois Commerce Commission
25Educational Labor Relations Board
26State Board of Elections

 

 

HB3655- 57 -LRB102 16922 WGH 22334 b

1Illinois Gaming Board
2Health Facilities and Services Review Board 
3Illinois Workers' Compensation Commission
4Illinois Labor Relations Board
5Illinois Liquor Control Commission
6Pollution Control Board
7Property Tax Appeal Board
8Illinois Racing Board
9Illinois Purchased Care Review Board
10Illinois Department of State Police Merit Board
11Motor Vehicle Review Board
12Prisoner Review Board
13Civil Service Commission
14Personnel Review Board for the Treasurer
15Merit Commission for the Secretary of State
16Merit Commission for the Office of the Comptroller
17Court of Claims
18Board of Review of the Department of Employment Security
19Department of Insurance
20Department of Professional Regulation and licensing boards
21  under the Department
22Department of Public Health and licensing boards under the
23  Department
24Office of Banks and Real Estate and licensing boards under
25  the Office
26State Employees Retirement System Board of Trustees

 

 

HB3655- 58 -LRB102 16922 WGH 22334 b

1Judges Retirement System Board of Trustees
2General Assembly Retirement System Board of Trustees
3Illinois Board of Investment
4State Universities Retirement System Board of Trustees
5Teachers Retirement System Officers Board of Trustees
6    (f) Any person who fails to (i) report an ex parte
7communication to an ethics officer, (ii) make information part
8of the record, or (iii) make a filing with the Executive Ethics
9Commission as required by this Section or as required by
10Section 5-165 of the Illinois Administrative Procedure Act
11violates this Act.
12(Source: P.A. 95-331, eff. 8-21-07; 96-31, eff. 6-30-09.)
 
13    (5 ILCS 430/50-5)
14    Sec. 50-5. Penalties.
15    (a) A person is guilty of a Class A misdemeanor if that
16person intentionally violates any provision of Section 5-15,
175-30, 5-40, or 5-45 or Article 15.
18    (a-1) An ethics commission may levy an administrative fine
19for a violation of Section 5-45 of this Act of up to 3 times
20the total annual compensation that would have been obtained in
21violation of Section 5-45.
22    (b) A person who intentionally violates any provision of
23Section 5-20, 5-35, 5-50, or 5-55 is guilty of a business
24offense subject to a fine of at least $1,001 and up to $5,000.
25    (c) A person who intentionally violates any provision of

 

 

HB3655- 59 -LRB102 16922 WGH 22334 b

1Article 10 is guilty of a business offense and subject to a
2fine of at least $1,001 and up to $5,000.
3    (d) Any person who intentionally makes a false report
4alleging a violation of any provision of this Act to an ethics
5commission, an inspector general, the Illinois State Police, a
6State's Attorney, the Attorney General, or any other law
7enforcement official is guilty of a Class A misdemeanor.
8    (e) An ethics commission may levy an administrative fine
9of up to $5,000 against any person who violates this Act, who
10intentionally obstructs or interferes with an investigation
11conducted under this Act by an inspector general, or who
12intentionally makes a false, frivolous, or bad faith
13allegation.
14    (f) In addition to any other penalty that may apply,
15whether criminal or civil, a State employee who intentionally
16violates any provision of Section 5-5, 5-15, 5-20, 5-30, 5-35,
175-45, or 5-50, Article 10, Article 15, or Section 20-90 or
1825-90 is subject to discipline or discharge by the appropriate
19ultimate jurisdictional authority.
20    (g) Any person who violates Section 5-65 is subject to a
21fine of up to $5,000 per offense, and is subject to discipline
22or discharge by the appropriate ultimate jurisdictional
23authority. Each violation of Section 5-65 is a separate
24offense. Any penalty imposed by an ethics commission shall be
25separate and distinct from any fines or penalties imposed by a
26court of law or a State or federal agency.

 

 

HB3655- 60 -LRB102 16922 WGH 22334 b

1    (h) Any natural person or lobbying entity who
2intentionally violates Section 4.7, paragraph (d) of Section
35, or subsection (a-5) of Section 11 of the Lobbyist
4Registration Act is guilty of a business offense and shall be
5subject to a fine of up to $5,000. The Executive Ethics
6Commission, after the adjudication of a violation of Section
74.7 of the Lobbyist Registration Act for which an
8investigation was initiated by the Inspector General appointed
9by the Secretary of State under Section 14 of the Secretary of
10State Act, is authorized to strike or suspend the registration
11under the Lobbyist Registration Act of any person or lobbying
12entity for which that person is employed for a period of up to
133 years. In addition to any other fine or penalty which may be
14imposed, the Executive Ethics Commission may also levy an
15administrative fine of up to $5,000 for a violation specified
16under this subsection (h). Any penalty imposed by an ethics
17commission shall be separate and distinct from any fines or
18penalties imposed by a court of law or by the Secretary of
19State under the Lobbyist Registration Act.
20(Source: P.A. 100-554, eff. 11-16-17; 100-588, eff. 6-8-18.)
 
21    Section 40. The Flag Display Act is amended by changing
22Section 10 as follows:
 
23    (5 ILCS 465/10)
24    Sec. 10. Death of resident military member, law

 

 

HB3655- 61 -LRB102 16922 WGH 22334 b

1enforcement officer, firefighter, or members of EMS crews.
2    (a) The Governor shall issue an official notice to fly the
3following flags at half-staff upon the death of a resident of
4this State killed (i) by hostile fire as a member of the United
5States armed forces, (ii) in the line of duty as a law
6enforcement officer, (iii) in the line of duty as a
7firefighter, (iv) in the line of duty as a member of an
8Emergency Medical Services (EMS) crew, or (v) during on duty
9training for active military duty: the United States national
10flag, the State flag of Illinois, and, in the case of the death
11of the member of the United States armed forces, the
12appropriate military flag as defined in subsection (b) of
13Section 18.6 of the Condominium Property Act. Upon the
14Governor's notice, each person or entity required by this Act
15to ensure the display of the United States national flag on a
16flagstaff shall ensure that the flags described in the notice
17are displayed at half-staff on the day designated for the
18resident's funeral and the 2 days preceding that day.
19    (b) The Department of Veterans' Affairs shall notify the
20Governor of the death by hostile fire of an Illinois resident
21member of the United States armed forces. In lieu of notice
22being provided by the Department of Veterans' Affairs, any
23other State or Federal entity, agency, or person holding such
24information may notify the Governor of the death by hostile
25fire of an Illinois resident member of the United States armed
26forces. If such notice is provided to the Governor by an

 

 

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1entity, agency, or person other than the Department of
2Veterans' Affairs, then the obligation to notify the Governor
3of an Illinois resident soldier's death under this subsection
4(b) shall be considered fulfilled. The Illinois Department of
5State Police shall notify the Governor of the death in the line
6of duty of an Illinois resident law enforcement officer. The
7Office of the State Fire Marshal shall notify the Governor of
8the death in the line of duty of an Illinois resident
9firefighter. The Department of Public Health shall notify the
10Governor of the death in the line of duty of an Illinois
11resident member of an Emergency Medical Services (EMS) crew.
12Notice to the Governor shall include at least the resident's
13name and Illinois address, the date designated for the
14funeral, and the circumstances of the death.
15    (c) For the purpose of this Section, the United States
16armed forces includes: (i) the United States Army, Navy,
17Marine Corps, Air Force, and Coast Guard; (ii) any reserve
18component of each of the forces listed in item (i); and (iii)
19the National Guard.
20    (d) Nothing in this Section requires the removal or
21relocation of any existing flags currently displayed in the
22State. This Section does not apply to a State facility if the
23requirements of this Section cannot be satisfied without a
24physical modification to that facility.
25(Source: P.A. 99-372, eff. 1-1-16; 100-33, eff. 1-1-18;
26100-201, eff. 8-18-17.)
 

 

 

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1    Section 50. The Seizure and Forfeiture Reporting Act is
2amended by changing Sections 10 and 15 as follows:
 
3    (5 ILCS 810/10)
4    Sec. 10. Reporting by law enforcement agency.
5    (a) Each law enforcement agency that seizes property
6subject to reporting under this Act shall report the following
7information about property seized or forfeited under State
8law:
9        (1) the name of the law enforcement agency that seized
10    the property;
11        (2) the date of the seizure;
12        (3) the type of property seized, including a building,
13    vehicle, boat, cash, negotiable security, or firearm,
14    except reporting is not required for seizures of
15    contraband including alcohol, gambling devices, drug
16    paraphernalia, and controlled substances;
17        (4) a description of the property seized and the
18    estimated value of the property and if the property is a
19    conveyance, the description shall include the make, model,
20    year, and vehicle identification number or serial number;
21    and
22        (5) the location where the seizure occurred.
23    The filing requirement shall be met upon filing Illinois
24State Police Notice/Inventory of Seized Property (Form 4-64)

 

 

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1with the State's Attorney's Office in the county where the
2forfeiture action is being commenced or with the Attorney
3General's Office if the forfeiture action is being commenced
4by that office, and the forwarding of Form 4-64 upon approval
5of the State's Attorney's Office or the Attorney General's
6Office to the Illinois Department of State Police Asset
7Forfeiture Section. With regard to seizures for which Form
84-64 is not required to be filed, the filing requirement shall
9be met by the filing of an annual summary report with the
10Illinois Department of State Police no later than 60 days
11after December 31 of that year.
12    (b) Each law enforcement agency, including a drug task
13force or Metropolitan Enforcement Group (MEG) unit, that
14receives proceeds from forfeitures subject to reporting under
15this Act shall file an annual report with the Illinois
16Department of State Police no later than 60 days after
17December 31 of that year. The format of the report shall be
18developed by the Illinois Department of State Police and shall
19be completed by the law enforcement agency. The report shall
20include, at a minimum, the amount of funds and other property
21distributed to the law enforcement agency by the Illinois
22Department of State Police, the amount of funds expended by
23the law enforcement agency, and the category of expenditure,
24including:
25        (1) crime, gang, or abuse prevention or intervention
26    programs;

 

 

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1        (2) compensation or services for crime victims;
2        (3) witness protection, informant fees, and controlled
3    purchases of contraband;
4        (4) salaries, overtime, and benefits, as permitted by
5    law;
6        (5) operating expenses, including but not limited to,
7    capital expenditures for vehicles, firearms, equipment,
8    computers, furniture, office supplies, postage, printing,
9    membership fees paid to trade associations, and fees for
10    professional services including auditing, court reporting,
11    expert witnesses, and attorneys;
12        (6) travel, meals, entertainment, conferences,
13    training, and continuing education seminars; and
14        (7) other expenditures of forfeiture proceeds.
15    (c) The Illinois Department of State Police shall
16establish and maintain on its official website a public
17database that includes annual aggregate data for each law
18enforcement agency that reports seizures of property under
19subsection (a) of this Section, that receives distributions of
20forfeiture proceeds subject to reporting under this Act, or
21reports expenditures under subsection (b) of this Section.
22This aggregate data shall include, for each law enforcement
23agency:
24        (1) the total number of asset seizures reported by
25    each law enforcement agency during the calendar year;
26        (2) the monetary value of all currency or its

 

 

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1    equivalent seized by the law enforcement agency during the
2    calendar year;
3        (3) the number of conveyances seized by the law
4    enforcement agency during the calendar year, and the
5    aggregate estimated value;
6        (4) the aggregate estimated value of all other
7    property seized by the law enforcement agency during the
8    calendar year;
9        (5) the monetary value of distributions by the
10    Illinois Department of State Police of forfeited currency
11    or auction proceeds from forfeited property to the law
12    enforcement agency during the calendar year; and
13        (6) the total amount of the law enforcement agency's
14    expenditures of forfeiture proceeds during the calendar
15    year, categorized as provided under subsection (b) of this
16    Section.
17    The database shall not provide names, addresses, phone
18numbers, or other personally identifying information of owners
19or interest holders, persons, business entities, covert office
20locations, or business entities involved in the forfeiture
21action and shall not disclose the vehicle identification
22number or serial number of any conveyance.
23    (d) The Illinois Department of State Police shall adopt
24rules to administer the asset forfeiture program, including
25the categories of authorized expenditures consistent with the
26statutory guidelines for each of the included forfeiture

 

 

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1statutes, the use of forfeited funds, other expenditure
2requirements, and the reporting of seizure and forfeiture
3information. The Illinois State Police Department may adopt
4rules necessary to implement this Act through the use of
5emergency rulemaking under Section 5-45 of the Illinois
6Administrative Procedure Act for a period not to exceed 180
7days after the effective date of this Act.
8    (e) The Illinois Department of State Police shall have
9authority and oversight over all law enforcement agencies
10receiving forfeited funds from the Illinois State Police
11Department. This authority shall include enforcement of rules
12and regulations adopted by the Illinois State Police
13Department and sanctions for violations of any rules and
14regulations, including the withholding of distributions of
15forfeiture proceeds from the law enforcement agency in
16violation.
17    (f) Upon application by a law enforcement agency to the
18Illinois Department of State Police, the reporting of a
19particular asset forfeited under this Section may be delayed
20if the asset in question was seized from a person who has
21become a confidential informant under the agency's
22confidential informant policy, or if the asset was seized as
23part of an ongoing investigation. This delayed reporting shall
24be granted by the Illinois Department of State Police for a
25maximum period of 6 months if the confidential informant is
26still providing cooperation to law enforcement or the

 

 

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1investigation is still ongoing, after which the asset shall be
2reported as required under this Act.
3    (g) The Illinois Department of State Police shall, on or
4before January 1, 2019, establish and implement the
5requirements of this Act. In order to implement the reporting
6and public database requirements under this Act, the Illinois
7Department of State Police Asset Forfeiture Section requires a
8one-time upgrade of its information technology software and
9hardware. This one-time upgrade shall be funded by a temporary
10allocation of 5% of all forfeited currency and 5% of the
11auction proceeds from each forfeited asset, which are to be
12distributed after the effective date of this Act. The Illinois
13Department of State Police shall transfer these funds at the
14time of distribution to a separate fund established by the
15Illinois Department of State Police. Moneys deposited in this
16fund shall be accounted for and shall be used only to pay for
17the actual one-time cost of purchasing and installing the
18hardware and software required to comply with this new
19reporting and public database requirement. Moneys deposited in
20the fund shall not be subject to reappropriation,
21reallocation, or redistribution for any other purpose. After
22sufficient funds are transferred to the fund to cover the
23actual one-time cost of purchasing and installing the hardware
24and software required to comply with this new reporting and
25public database requirement, no additional funds shall be
26transferred to the fund for any purpose. At the completion of

 

 

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1the one-time upgrade of the information technology hardware
2and software to comply with this new reporting and public
3database requirement, any remaining funds in the fund shall be
4returned to the participating agencies under the distribution
5requirements of the statutes from which the funds were
6transferred, and the fund shall no longer exist.
7    (h)(1) The Illinois Department of State Police, in
8consultation with and subject to the approval of the Chief
9Procurement Officer, may procure a single contract or multiple
10contracts to implement this Act.
11    (2) A contract or contracts under this subsection (h) are
12not subject to the Illinois Procurement Code, except for
13Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of
14that Code, provided that the Chief Procurement Officer may, in
15writing with justification, waive any certification required
16under Article 50 of the Illinois Procurement Code. The
17provisions of this paragraph (2), other than this sentence,
18are inoperative on and after July 1, 2019.
19(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
 
20    (5 ILCS 810/15)
21    Sec. 15. Fund audits.
22    (a) The Auditor General shall conduct, as a part of its
232-year compliance audit, an audit of the State Asset
24Forfeiture Fund for compliance with the requirements of this
25Act. The audit shall include, but not be limited to, the

 

 

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1following determinations:
2        (1) if detailed records of all receipts and
3    disbursements from the State Asset Forfeiture Fund are
4    being maintained;
5        (2) if administrative costs charged to the fund are
6    adequately documented and are reasonable; and
7        (3) if the procedures for making disbursements under
8    the Act are adequate.
9    (b) The Illinois Department of State Police, and any other
10entity or person that may have information relevant to the
11audit, shall cooperate fully and promptly with the Office of
12the Auditor General in conducting the audit. The Auditor
13General shall begin the audit during the next regular 2-year
14compliance audit of the Illinois Department of State Police
15and distribute the report upon completion under Section 3-14
16of the Illinois State Auditing Act.
17(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
 
18    Section 55. The Law Enforcement Criminal Sexual Assault
19Investigation Act is amended by changing Section 10 as
20follows:
 
21    (5 ILCS 815/10)
22    Sec. 10. Investigation of officer-involved criminal
23assault; requirements.
24    (a) Each law enforcement agency shall have a written

 

 

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1policy regarding the investigation of officer-involved
2criminal sexual assault that involves a law enforcement
3officer employed by that law enforcement agency.
4    (b) Each officer-involved criminal sexual assault
5investigation shall be conducted by at least 2 investigators
6or an entity comprised of at least 2 investigators, one of whom
7shall be the lead investigator. The investigators shall have
8completed a specialized sexual assault and sexual abuse
9investigation training program approved by the Illinois Law
10Enforcement Training Standards Board or similar training
11approved by the Illinois Department of State Police. No
12investigator involved in the investigation may be employed by
13the law enforcement agency that employs the officer involved
14in the officer-involved criminal sexual assault, unless the
15investigator is employed by the Illinois Department of State
16Police or a municipality with a population over 1,000,000 and
17is not assigned to the same division or unit as the officer
18involved in the criminal sexual assault.
19    (c) Upon receipt of an allegation or complaint of an
20officer-involved criminal sexual assault, a municipality with
21a population over 1,000,000 shall promptly notify an
22independent agency, created by ordinance of the municipality,
23tasked with investigating incidents of police misconduct.
24(Source: P.A. 100-515, eff. 1-1-18.)
 
25    Section 60. The Community-Law Enforcement Partnership for

 

 

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1Deflection and Substance Use Disorder Treatment Act is amended
2by changing Section 10 as follows:
 
3    (5 ILCS 820/10)
4    Sec. 10. Definitions. In this Act:
5    "Case management" means those services which will assist
6persons in gaining access to needed social, educational,
7medical, substance use and mental health treatment, and other
8services.
9    "Community member or organization" means an individual
10volunteer, resident, public office, or a not-for-profit
11organization, religious institution, charitable organization,
12or other public body committed to the improvement of
13individual and family mental and physical well-being and the
14overall social welfare of the community, and may include
15persons with lived experience in recovery from substance use
16disorder, either themselves or as family members.
17    "Deflection program" means a program in which a peace
18officer or member of a law enforcement agency facilitates
19contact between an individual and a licensed substance use
20treatment provider or clinician for assessment and
21coordination of treatment planning. This facilitation includes
22defined criteria for eligibility and communication protocols
23agreed to by the law enforcement agency and the licensed
24treatment provider for the purpose of providing substance use
25treatment to those persons in lieu of arrest or further

 

 

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1justice system involvement. Deflection programs may include,
2but are not limited to, the following types of responses:
3        (1) a post-overdose deflection response initiated by a
4    peace officer or law enforcement agency subsequent to
5    emergency administration of medication to reverse an
6    overdose, or in cases of severe substance use disorder
7    with acute risk for overdose;
8        (2) a self-referral deflection response initiated by
9    an individual by contacting a peace officer or law
10    enforcement agency in the acknowledgment of their
11    substance use or disorder;
12        (3) an active outreach deflection response initiated
13    by a peace officer or law enforcement agency as a result of
14    proactive identification of persons thought likely to have
15    a substance use disorder;
16        (4) an officer prevention deflection response
17    initiated by a peace officer or law enforcement agency in
18    response to a community call when no criminal charges are
19    present; and
20        (5) an officer intervention deflection response when
21    criminal charges are present but held in abeyance pending
22    engagement with treatment.
23    "Law enforcement agency" means a municipal police
24department or county sheriff's office of this State, the
25Illinois Department of State Police, or other law enforcement
26agency whose officers, by statute, are granted and authorized

 

 

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

 

 

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1outpatient, intensive outpatient, and residential services and
2care (including assessment, diagnosis, case management,
3medical, psychiatric, psychological and social services,
4medication-assisted treatment, care and counseling, and
5recovery support) which may be extended to persons who have
6substance use disorders, persons with mental illness, or
7families of those persons.
8(Source: P.A. 100-1025, eff. 1-1-19.)
 
9    Section 65. The Gun Trafficking Information Act is amended
10by changing Section 10-5 as follows:
 
11    (5 ILCS 830/10-5)
12    Sec. 10-5. Gun trafficking information.
13    (a) The Illinois Department of State Police shall use all
14reasonable efforts in making publicly available, on a regular
15and ongoing basis, key information related to firearms used in
16the commission of crimes in this State, including, but not
17limited to: reports on crimes committed with firearms,
18locations where the crimes occurred, the number of persons
19killed or injured in the commission of the crimes, the state
20where the firearms used originated, the Federal Firearms
21Licensee that sold the firearm, and the type of firearms used.
22The Illinois State Police Department shall make the
23information available on its website, in addition to
24electronically filing a report with the Governor and the

 

 

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1General Assembly. The report to the General Assembly shall be
2filed with the Clerk of the House of Representatives and the
3Secretary of the Senate in electronic form only, in the manner
4that the Clerk and the Secretary shall direct.
5    (b) The Illinois State Police Department shall study, on a
6regular and ongoing basis, and compile reports on the number
7of Firearm Owner's Identification Card checks to determine
8firearms trafficking or straw purchase patterns. The Illinois
9State Police Department shall, to the extent not inconsistent
10with law, share such reports and underlying data with academic
11centers, foundations, and law enforcement agencies studying
12firearms trafficking, provided that personally identifying
13information is protected. For purposes of this subsection (b),
14a Firearm Owner's Identification Card number is not personally
15identifying information, provided that no other personal
16information of the card holder is attached to the record. The
17Illinois State Police Department may create and attach an
18alternate unique identifying number to each Firearm Owner's
19Identification Card number, instead of releasing the Firearm
20Owner's Identification Card number itself.
21    (c) Each department, office, division, and agency of this
22State shall, to the extent not inconsistent with law,
23cooperate fully with the Illinois State Police Department and
24furnish the Illinois State Police Department with all relevant
25information and assistance on a timely basis as is necessary
26to accomplish the purpose of this Act. The Illinois Criminal

 

 

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1Justice Information Authority shall submit the information
2required in subsection (a) of this Section to the Illinois
3Department of State Police, and any other information as the
4Illinois State Police Department may request, to assist the
5Illinois State Police Department in carrying out its duties
6under this Act.
7(Source: P.A. 100-1178, eff. 1-18-19.)
 
8    Section 70. The Keep Illinois Families Together Act is
9amended by changing Section 5 as follows:
 
10    (5 ILCS 835/5)
11    Sec. 5. Public safety.
12    (a) In this Section:
13    "Law enforcement agency" means an agency in this State
14charged with enforcement of State, county, or municipal laws
15or with managing custody of detained persons in the State,
16including municipal police departments, sheriff's departments,
17campus police departments, the Illinois Department of State
18Police, and the Department of Juvenile Justice.
19    "Law enforcement official" means any officer or other
20agent of a State or local law enforcement agency authorized to
21enforce criminal laws, rules, regulations, or local ordinances
22or operate jails, correctional facilities, or juvenile
23detention facilities or to maintain custody of individuals in
24jails, correctional facilities, or juvenile detention

 

 

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1facilities also including any school resource officer or other
2police or security officer assigned to any public school,
3including any public pre-school and other early learning
4program, public elementary and secondary school, or public
5institution of higher education.
6    (b) On or after the effective date of this Act, no law
7enforcement agency or official may enter into or remain in an
8agreement with U.S. Immigration and Customs Enforcement under
9a federal 287(g) program.
10    (c) Nothing in this Section shall preclude a law
11enforcement official from otherwise executing that official's
12duties in ensuring public safety.
13(Source: P.A. 101-19, eff. 6-21-19.)
 
14    Section 72. The First Responders Suicide Prevention Act is
15amended by changing Section 30 as follows:
 
16    (5 ILCS 840/30)
17    Sec. 30. First Responders Suicide Task Force.
18    (a) The First Responders Suicide Task Force is created to
19pursue recommendations to help reduce the risk and rates of
20suicide among first responders, along with developing a
21mechanism to help reduce the risk and rates of suicide among
22first responders. The Task Force shall be composed of the
23following members:
24        (1) the Director of the Illinois State Police or his

 

 

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1    or her designee;
2        (2) the Director of Public Health or his or her
3    designee;
4        (3) 2 members of the House of Representatives
5    appointed by the Speaker of the House of Representatives,
6    one of whom shall serve as co-chair;
7        (4) 2 members of the House of Representatives
8    appointed by the Minority Leader of the House of
9    Representatives;
10        (5) 2 members of the Senate appointed by the President
11    of the Senate, one of whom shall serve as co-chair;
12        (6) 2 members of the Senate appointed by the Minority
13    Leader of the Senate;
14        (7) 2 members who represent 2 different mental health
15    organizations, one appointed by the Minority Leader of the
16    House of Representatives and one appointed by the Minority
17    Leader of the Senate;
18        (8) one member who represents an organization that
19    advocates on behalf of police appointed by the Speaker of
20    the House of Representatives;
21        (9) one member who represents the Chicago Police
22    Department appointed by the Minority Leader of the House
23    of Representatives;
24        (10) 2 members who represent organizations that
25    advocate on behalf of firefighters appointed by the
26    President of the Senate;

 

 

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1        (11) one member who represents the Chicago Fire
2    Department appointed by the Minority Leader of the Senate;
3    and
4        (12) one member who represents an organization that
5    advocates on behalf of sheriffs in the State of Illinois
6    appointed by the President of the Senate.
7    (b) Members of the Task Force shall be appointed within 30
8days after the effective date of this Act and shall serve
9without compensation. The Task Force shall begin meeting no
10later than 30 days after all members have been appointed. The
11Illinois Department of State Police shall provide
12administrative support for the Task Force, and if the subject
13matter is either sensitive or classified, the Task Force may
14hold its hearings in private.
15    (c) The Task Force shall issue a final report to the
16General Assembly on or December 31, 2020 and, one year after
17the filing of its report, is dissolved.
18(Source: P.A. 101-375, eff. 8-16-19.)
 
19    Section 75. The Executive Reorganization Implementation
20Act is amended by changing Section 3.1 as follows:
 
21    (15 ILCS 15/3.1)
22    Sec. 3.1. "Agency directly responsible to the Governor" or
23"agency" means any office, officer, division, or part thereof,
24and any other office, nonelective officer, department,

 

 

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1division, bureau, board, or commission in the executive branch
2of State government, except that it does not apply to any
3agency whose primary function is service to the General
4Assembly or the Judicial Branch of State government, or to any
5agency administered by the Attorney General, Secretary of
6State, State Comptroller or State Treasurer. In addition the
7term does not apply to the following agencies created by law
8with the primary responsibility of exercising regulatory or
9adjudicatory functions independently of the Governor:
10    (1) the State Board of Elections;
11    (2) the State Board of Education;
12    (3) the Illinois Commerce Commission;
13    (4) the Illinois Workers' Compensation Commission;
14    (5) the Civil Service Commission;
15    (6) the Fair Employment Practices Commission;
16    (7) the Pollution Control Board;
17    (8) the Illinois Department of State Police Merit Board;
18    (9) the Illinois Racing Board;
19    (10) the Illinois Power Agency;
20    (11) the Illinois Law Enforcement Training Standards
21Board; and
22    (12) the Illinois Liquor Control Commission.
23(Source: P.A. 100-995, eff. 8-20-18; 100-1050, eff. 7-1-19;
24101-81, eff. 7-12-19.)
 
25    Section 80. The Secretary of State Act is amended by

 

 

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1changing Sections 13 and 13.5 as follows:
 
2    (15 ILCS 305/13)  (from Ch. 124, par. 10.3)
3    Sec. 13. Whenever the Secretary of State is authorized or
4required by law to consider some aspect of criminal history
5record information for the purpose of carrying out his
6statutory powers and responsibilities, then, upon request and
7payment of fees in conformance with the requirements of
8Section 2605-400 of the Illinois Department of State Police
9Law (20 ILCS 2605/2605-400), the Illinois Department of State
10Police is authorized to furnish, pursuant to positive
11identification, such information contained in State files as
12is necessary to fulfill the request.
13(Source: P.A. 91-239, eff. 1-1-00.)
 
14    (15 ILCS 305/13.5)
15    Sec. 13.5. Illinois Department of State Police access to
16driver's license and identification card photographs. The
17Secretary of State shall allow the Illinois Department of
18State Police to access the driver's license or Illinois
19Identification card photograph, if available, of an applicant
20for a firearm concealed carry license under the Firearm
21Concealed Carry Act for the purpose of identifying the firearm
22concealed carry license applicant and issuing a license to the
23applicant.
24(Source: P.A. 98-63, eff. 7-9-13.)
 

 

 

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1    Section 85. The Secretary of State Merit Employment Code
2is amended by changing Section 10b.1 as follows:
 
3    (15 ILCS 310/10b.1)  (from Ch. 124, par. 110b.1)
4    Sec. 10b.1. Competitive examinations.
5    (a) For open competitive examinations to test the relative
6fitness of applicants for the respective positions. Tests
7shall be designed to eliminate those who are not qualified for
8entrance into the Office of the Secretary of State and to
9discover the relative fitness of those who are qualified. The
10Director may use any one of or any combination of the following
11examination methods which in his judgment best serves this
12end: investigation of education and experience; test of
13cultural knowledge; test of capacity; test of knowledge; test
14of manual skill; test of linguistic ability; test of
15character; test of physical skill; test of psychological
16fitness. No person with a record of misdemeanor convictions
17except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14,
1811-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15,
1914-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
2031-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions
21(a)(1) and (a)(2)(C) of Section 11-14.3, and sub-sections 1, 6
22and 8 of Section 24-1 of the Criminal Code of 1961 or the
23Criminal Code of 2012, or arrested for any cause but not
24convicted thereon shall be disqualified from taking such

 

 

HB3655- 84 -LRB102 16922 WGH 22334 b

1examinations or subsequent appointment unless the person is
2attempting to qualify for a position which would give him the
3powers of a peace officer, in which case the person's
4conviction or arrest record may be considered as a factor in
5determining the person's fitness for the position. All
6examinations shall be announced publicly at least 2 weeks in
7advance of the date of examinations and may be advertised
8through the press, radio or other media.
9    The Director may, at his discretion, accept the results of
10competitive examinations conducted by any merit system
11established by Federal law or by the law of any State, and may
12compile eligible lists therefrom or may add the names of
13successful candidates in examinations conducted by those merit
14systems to existing eligible lists in accordance with their
15respective ratings. No person who is a non-resident of the
16State of Illinois may be appointed from those eligible lists,
17however, unless the requirement that applicants be residents
18of the State of Illinois is waived by the Director of Personnel
19and unless there are less than 3 Illinois residents available
20for appointment from the appropriate eligible list. The
21results of the examinations conducted by other merit systems
22may not be used unless they are comparable in difficulty and
23comprehensiveness to examinations conducted by the Department
24of Personnel for similar positions. Special linguistic options
25may also be established where deemed appropriate.
26    (b) The Director of Personnel may require that each person

 

 

HB3655- 85 -LRB102 16922 WGH 22334 b

1seeking employment with the Secretary of State, as part of the
2application process, authorize an investigation to determine
3if the applicant has ever been convicted of a crime and if so,
4the disposition of those convictions; this authorization shall
5indicate the scope of the inquiry and the agencies which may be
6contacted. Upon this authorization, the Director of Personnel
7may request and receive information and assistance from any
8federal, state or local governmental agency as part of the
9authorized investigation. The investigation shall be
10undertaken after the fingerprinting of an applicant in the
11form and manner prescribed by the Illinois Department of State
12Police. The investigation shall consist of a criminal history
13records check performed by the Illinois Department of State
14Police and the Federal Bureau of Investigation, or some other
15entity that has the ability to check the applicant's
16fingerprints against the fingerprint records now and hereafter
17filed in the Illinois Department of State Police and Federal
18Bureau of Investigation criminal history records databases. If
19the Illinois Department of State Police and the Federal Bureau
20of Investigation conduct an investigation directly for the
21Secretary of State's Office, then the Illinois Department of
22State Police shall charge a fee for conducting the criminal
23history records check, which shall be deposited in the State
24Police Services Fund and shall not exceed the actual cost of
25the records check. The Illinois Department of State Police
26shall provide information concerning any criminal convictions,

 

 

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1and their disposition, brought against the applicant or
2prospective employee of the Secretary of State upon request of
3the Department of Personnel when the request is made in the
4form and manner required by the Illinois Department of State
5Police. The information derived from this investigation,
6including the source of this information, and any conclusions
7or recommendations derived from this information by the
8Director of Personnel shall be provided to the applicant or
9prospective employee, or his designee, upon request to the
10Director of Personnel prior to any final action by the
11Director of Personnel on the application. No information
12obtained from such investigation may be placed in any
13automated information system. Any criminal convictions and
14their disposition information obtained by the Director of
15Personnel shall be confidential and may not be transmitted
16outside the Office of the Secretary of State, except as
17required herein, and may not be transmitted to anyone within
18the Office of the Secretary of State except as needed for the
19purpose of evaluating the application. The only physical
20identity materials which the applicant or prospective employee
21can be required to provide the Director of Personnel are
22photographs or fingerprints; these shall be returned to the
23applicant or prospective employee upon request to the Director
24of Personnel, after the investigation has been completed and
25no copy of these materials may be kept by the Director of
26Personnel or any agency to which such identity materials were

 

 

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1transmitted. Only information and standards which bear a
2reasonable and rational relation to the performance of an
3employee shall be used by the Director of Personnel. The
4Secretary of State shall adopt rules and regulations for the
5administration of this Section. Any employee of the Secretary
6of State who gives or causes to be given away any confidential
7information concerning any criminal convictions and their
8disposition of an applicant or prospective employee shall be
9guilty of a Class A misdemeanor unless release of such
10information is authorized by this Section.
11(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
12    Section 95. The Civil Administrative Code of Illinois is
13amended by changing Sections 1-5, 5-15, 5-20, 5-410, and 5-715
14as follows:
 
15    (20 ILCS 5/1-5)
16    Sec. 1-5. Articles. The Civil Administrative Code of
17Illinois consists of the following Articles:
18    Article 1. General Provisions (20 ILCS 5/1-1 and
19following).
20    Article 5. Departments of State Government Law (20 ILCS
215/5-1 and following).
22    Article 50. State Budget Law (15 ILCS 20/).
23    Article 110. Department on Aging Law (20 ILCS 110/).
24    Article 205. Department of Agriculture Law (20 ILCS 205/).

 

 

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1    Article 250. State Fair Grounds Title Law (5 ILCS 620/).
2    Article 310. Department of Human Services (Alcoholism and
3Substance Abuse) Law (20 ILCS 310/).
4    Article 405. Department of Central Management Services Law
5(20 ILCS 405/).
6    Article 510. Department of Children and Family Services
7Powers Law (20 ILCS 510/).
8    Article 605. Department of Commerce and Economic
9Opportunity Law (20 ILCS 605/).
10    Article 805. Department of Natural Resources
11(Conservation) Law (20 ILCS 805/).
12    Article 1005. Department of Employment Security Law (20
13ILCS 1005/).
14    Article 1405. Department of Insurance Law (20 ILCS 1405/).
15    Article 1505. Department of Labor Law (20 ILCS 1505/).
16    Article 1710. Department of Human Services (Mental Health
17and Developmental Disabilities) Law (20 ILCS 1710/).
18    Article 1905. Department of Natural Resources (Mines and
19Minerals) Law (20 ILCS 1905/).
20    Article 2105. Department of Professional Regulation Law
21(20 ILCS 2105/).
22    Article 2205. Department of Healthcare and Family Services
23Law (20 ILCS 2205/).
24    Article 2310. Department of Public Health Powers and
25Duties Law (20 ILCS 2310/).
26    Article 2505. Department of Revenue Law (20 ILCS 2505/).

 

 

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1    Article 2510. Certified Audit Program Law (20 ILCS 2510/).
2    Article 2605. Illinois Department of State Police Law (20
3ILCS 2605/).
4    Article 2705. Department of Transportation Law (20 ILCS
52705/).
6    Article 3000. University of Illinois Exercise of Functions
7and Duties Law (110 ILCS 355/).
8(Source: P.A. 95-331, eff. 8-21-07; 96-328, eff. 8-11-09.)
 
9    (20 ILCS 5/5-15)  (was 20 ILCS 5/3)
10    Sec. 5-15. Departments of State government. The
11Departments of State government are created as follows:
12    The Department on Aging.
13    The Department of Agriculture.
14    The Department of Central Management Services.
15    The Department of Children and Family Services.
16    The Department of Commerce and Economic Opportunity.
17    The Department of Corrections.
18    The Department of Employment Security.
19    The Illinois Emergency Management Agency.
20    The Department of Financial and Professional Regulation.
21    The Department of Healthcare and Family Services.
22    The Department of Human Rights.
23    The Department of Human Services.
24    The Department of Innovation and Technology.
25    The Department of Insurance.

 

 

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1    The Department of Juvenile Justice.
2    The Department of Labor.
3    The Department of the Lottery.
4    The Department of Natural Resources.
5    The Department of Public Health.
6    The Department of Revenue.
7    The Illinois Department of State Police.
8    The Department of Transportation.
9    The Department of Veterans' Affairs.
10(Source: P.A. 100-611, eff. 7-20-18; 100-1179, eff. 1-18-19.)
 
11    (20 ILCS 5/5-20)  (was 20 ILCS 5/4)
12    Sec. 5-20. Heads of departments. Each department shall
13have an officer as its head who shall be known as director or
14secretary and who shall, subject to the provisions of the
15Civil Administrative Code of Illinois, execute the powers and
16discharge the duties vested by law in his or her respective
17department.
18    The following officers are hereby created:
19    Director of Aging, for the Department on Aging.
20    Director of Agriculture, for the Department of
21Agriculture.
22    Director of Central Management Services, for the
23Department of Central Management Services.
24    Director of Children and Family Services, for the
25Department of Children and Family Services.

 

 

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1    Director of Commerce and Economic Opportunity, for the
2Department of Commerce and Economic Opportunity.
3    Director of Corrections, for the Department of
4Corrections.
5    Director of the Illinois Emergency Management Agency, for
6the Illinois Emergency Management Agency.
7    Director of Employment Security, for the Department of
8Employment Security.
9    Secretary of Financial and Professional Regulation, for
10the Department of Financial and Professional Regulation.
11    Director of Healthcare and Family Services, for the
12Department of Healthcare and Family Services.
13    Director of Human Rights, for the Department of Human
14Rights.
15    Secretary of Human Services, for the Department of Human
16Services.
17    Secretary of Innovation and Technology, for the Department
18of Innovation and Technology.
19    Director of Insurance, for the Department of Insurance.
20    Director of Juvenile Justice, for the Department of
21Juvenile Justice.
22    Director of Labor, for the Department of Labor.
23    Director of the Lottery, for the Department of the
24Lottery.
25    Director of Natural Resources, for the Department of
26Natural Resources.

 

 

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1    Director of Public Health, for the Department of Public
2Health.
3    Director of Revenue, for the Department of Revenue.
4    Director of the Illinois State Police, for the Illinois
5Department of State Police.
6    Secretary of Transportation, for the Department of
7Transportation.
8    Director of Veterans' Affairs, for the Department of
9Veterans' Affairs.
10(Source: P.A. 100-611, eff. 7-20-18; 100-1179, eff. 1-18-19.)
 
11    (20 ILCS 5/5-410)  (was 20 ILCS 5/9.11)
12    Sec. 5-410. In the Illinois Department of State Police.
13For terms ending before December 31, 2019, the Director of the
14Illinois State Police shall receive an annual salary as set by
15the Compensation Review Board.
16    For terms ending before December 31, 2019, the Assistant
17Director of State Police shall receive an annual salary as set
18by the Compensation Review Board.
19(Source: P.A. 100-1179, eff. 1-18-19.)
 
20    (20 ILCS 5/5-715)
21    Sec. 5-715. Expedited licensure for service members and
22spouses.
23    (a) In this Section, "service member" means any person
24who, at the time of application under this Section, is an

 

 

HB3655- 93 -LRB102 16922 WGH 22334 b

1active duty member of the United States Armed Forces or any
2reserve component of the United States Armed Forces, the Coast
3Guard, or the National Guard of any state, commonwealth, or
4territory of the United States or the District of Columbia or
5whose active duty service concluded within the preceding 2
6years before application.
7    (a-5) The Department of Financial and Professional
8Regulation shall within 180 days after the effective date of
9this amendatory Act of the 101st General Assembly designate
10one staff member as the military liaison within the Department
11of Financial and Professional Regulation to ensure proper
12enactment of the requirements of this Section. The military
13liaison's responsibilities shall also include, but are not
14limited to: (1) the management of all expedited applications
15to ensure processing within 60 days after receipt of a
16completed application; (2) coordination with all military
17installation military and family support center directors
18within this State, including virtual, phone, or in-person
19periodic meetings with each military installation military and
20family support center; and (3) training by the military
21liaison to all directors of each division that issues an
22occupational or professional license to ensure proper
23application of this Section. Beginning in 2020, and at the end
24of each calendar year thereafter, the military liaison shall
25provide an annual report documenting the expedited licensure
26program for service members and spouses, and shall deliver

 

 

HB3655- 94 -LRB102 16922 WGH 22334 b

1that report to the Secretary of Financial and Professional
2Regulation and the Lieutenant Governor.
3    (b) Each director of a department that issues an
4occupational or professional license is authorized to and
5shall issue an expedited license to a service member who meets
6the requirements under this Section. Review and determination
7of an application for a license issued by the department shall
8be expedited by the department within 60 days after the date on
9which the applicant provides the department with all necessary
10documentation required for licensure. An expedited license
11shall be issued by the department to any service members
12meeting the application requirements of this Section,
13regardless of whether the service member currently resides in
14this State. The service member shall apply to the department
15on forms provided by the department. An application must
16include proof that:
17        (1) the applicant is a service member;
18        (2) the applicant holds a valid license in good
19    standing for the occupation or profession issued by
20    another state, commonwealth, possession, or territory of
21    the United States, the District of Columbia, or any
22    foreign jurisdiction and the requirements for licensure in
23    the other jurisdiction are determined by the department to
24    be substantially equivalent to the standards for licensure
25    of this State;
26        (3) the applicant is assigned to a duty station in

 

 

HB3655- 95 -LRB102 16922 WGH 22334 b

1    this State, has established legal residence in this State,
2    or will reside in this State within 6 months after the date
3    of application;
4        (4) a complete set of the applicant's fingerprints has
5    been submitted to the Illinois Department of State Police
6    for statewide and national criminal history checks, if
7    applicable to the requirements of the department issuing
8    the license; the applicant shall pay the fee to the
9    Illinois Department of State Police or to the fingerprint
10    vendor for electronic fingerprint processing; no temporary
11    occupational or professional license shall be issued to an
12    applicant if the statewide or national criminal history
13    check discloses information that would cause the denial of
14    an application for licensure under any applicable
15    occupational or professional licensing Act;
16        (5) the applicant is not ineligible for licensure
17    pursuant to Section 2105-165 of the Civil Administrative
18    Code of Illinois;
19        (6) the applicant has submitted an application for
20    full licensure; and
21        (7) the applicant has paid the required fee; fees
22    shall not be refundable.
23    (c) Each director of a department that issues an
24occupational or professional license is authorized to and
25shall issue an expedited license to the spouse of a service
26member who meets the requirements under this Section. Review

 

 

HB3655- 96 -LRB102 16922 WGH 22334 b

1and determination of an application for a license shall be
2expedited by the department within 60 days after the date on
3which the applicant provides the department with all necessary
4documentation required for licensure. An expedited license
5shall be issued by the department to any spouse of a service
6member meeting the application requirements of this Section,
7regardless of whether the spouse or the service member
8currently reside in this State. The spouse of a service member
9shall apply to the department on forms provided by the
10department. An application must include proof that:
11        (1) the applicant is the spouse of a service member;
12        (2) the applicant holds a valid license in good
13    standing for the occupation or profession issued by
14    another state, commonwealth, possession, or territory of
15    the United States, the District of Columbia, or any
16    foreign jurisdiction and the requirements for licensure in
17    the other jurisdiction are determined by the department to
18    be substantially equivalent to the standards for licensure
19    of this State;
20        (3) the applicant's spouse is assigned to a duty
21    station in this State, has established legal residence in
22    this State, or will reside in this State within 6 months
23    after the date of application;
24        (4) a complete set of the applicant's fingerprints has
25    been submitted to the Illinois Department of State Police
26    for statewide and national criminal history checks, if

 

 

HB3655- 97 -LRB102 16922 WGH 22334 b

1    applicable to the requirements of the department issuing
2    the license; the applicant shall pay the fee to the
3    Illinois Department of State Police or to the fingerprint
4    vendor for electronic fingerprint processing; no temporary
5    occupational or professional license shall be issued to an
6    applicant if the statewide or national criminal history
7    check discloses information that would cause the denial of
8    an application for licensure under any applicable
9    occupational or professional licensing Act;
10        (5) the applicant is not ineligible for licensure
11    pursuant to Section 2105-165 of the Civil Administrative
12    Code of Illinois;
13        (6) the applicant has submitted an application for
14    full licensure; and
15        (7) the applicant has paid the required fee; fees
16    shall not be refundable.
17    (c-5) If a service member or his or her spouse relocates
18from this State, he or she shall be provided an opportunity to
19place his or her license in inactive status through
20coordination with the military liaison. If the service member
21or his or her spouse returns to this State, he or she may
22reactivate the license in accordance with the statutory
23provisions regulating the profession and any applicable
24administrative rules. The license reactivation shall be
25expedited and completed within 30 days after receipt of a
26completed application to reactivate the license. A license

 

 

HB3655- 98 -LRB102 16922 WGH 22334 b

1reactivation is only applicable when the valid license for
2which the first issuance of a license was predicated is still
3valid and in good standing. An application to reactivate a
4license must include proof that the applicant still holds a
5valid license in good standing for the occupation or
6profession issued in another State, commonwealth, possession,
7or territory of the United States, the District of Columbia,
8or any foreign jurisdiction.
9    (d) All relevant experience of a service member or his or
10her spouse in the discharge of official duties, including
11full-time and part-time experience, shall be credited in the
12calculation of any years of practice in an occupation or
13profession as may be required under any applicable
14occupational or professional licensing Act. All relevant
15training provided by the military and completed by a service
16member shall be credited to that service member as meeting any
17training or education requirement under any applicable
18occupational or professional licensing Act, provided that the
19training or education is determined by the department to be
20substantially equivalent to that required under any applicable
21Act and is not otherwise contrary to any other licensure
22requirement.
23    (e) A department may adopt any rules necessary for the
24implementation and administration of this Section and shall by
25rule provide for fees for the administration of this Section.
26(Source: P.A. 101-240, eff. 1-1-20.)
 

 

 

HB3655- 99 -LRB102 16922 WGH 22334 b

1    (20 ILCS 5/5-180 rep.)
2    Section 100. The Civil Administrative Code of Illinois is
3amended by repealing Section 5-180.
 
4    Section 105. The Department of Agriculture Law of the
5Civil Administrative Code of Illinois is amended by changing
6Section 205-425 as follows:
 
7    (20 ILCS 205/205-425)  (was 20 ILCS 205/40.37)
8    Sec. 205-425. Criminal history record information from
9Illinois Department of State Police. Whenever the Department
10is authorized or required by law to consider some aspect of
11criminal history record information for the purpose of
12carrying out its statutory powers and responsibilities, then,
13upon request and payment of fees in conformance with the
14requirements of Section 2605-400 of the Illinois Department of
15State Police Law (20 ILCS 2605/2605-400), the Illinois
16Department of State Police is authorized to furnish, pursuant
17to positive identification, the information contained in State
18files that is necessary to fulfill the request.
19(Source: P.A. 91-239, eff. 1-1-00.)
 
20    Section 110. The Substance Use Disorder Act is amended by
21changing Sections 5-10, 10-15, and 45-55 as follows:
 

 

 

HB3655- 100 -LRB102 16922 WGH 22334 b

1    (20 ILCS 301/5-10)
2    Sec. 5-10. Functions of the Department.
3    (a) In addition to the powers, duties and functions vested
4in the Department by this Act, or by other laws of this State,
5the Department shall carry out the following activities:
6        (1) Design, coordinate and fund comprehensive
7    community-based and culturally and gender-appropriate
8    services throughout the State. These services must include
9    prevention, early intervention, treatment, and other
10    recovery support services for substance use disorders that
11    are accessible and addresses the needs of at-risk
12    individuals and their families.
13        (2) Act as the exclusive State agency to accept,
14    receive and expend, pursuant to appropriation, any public
15    or private monies, grants or services, including those
16    received from the federal government or from other State
17    agencies, for the purpose of providing prevention, early
18    intervention, treatment, and other recovery support
19    services for substance use disorders.
20        (2.5) In partnership with the Department of Healthcare
21    and Family Services, act as one of the principal State
22    agencies for the sole purpose of calculating the
23    maintenance of effort requirement under Section 1930 of
24    Title XIX, Part B, Subpart II of the Public Health Service
25    Act (42 U.S.C. 300x-30) and the Interim Final Rule (45 CFR
26    96.134).

 

 

HB3655- 101 -LRB102 16922 WGH 22334 b

1        (3) Coordinate a statewide strategy for the
2    prevention, early intervention, treatment, and recovery
3    support of substance use disorders. This strategy shall
4    include the development of a comprehensive plan, submitted
5    annually with the application for federal substance use
6    disorder block grant funding, for the provision of an
7    array of such services. The plan shall be based on local
8    community-based needs and upon data including, but not
9    limited to, that which defines the prevalence of and costs
10    associated with substance use disorders. This
11    comprehensive plan shall include identification of
12    problems, needs, priorities, services and other pertinent
13    information, including the needs of minorities and other
14    specific priority populations in the State, and shall
15    describe how the identified problems and needs will be
16    addressed. For purposes of this paragraph, the term
17    "minorities and other specific priority populations" may
18    include, but shall not be limited to, groups such as
19    women, children, intravenous drug users, persons with AIDS
20    or who are HIV infected, veterans, African-Americans,
21    Puerto Ricans, Hispanics, Asian Americans, the elderly,
22    persons in the criminal justice system, persons who are
23    clients of services provided by other State agencies,
24    persons with disabilities and such other specific
25    populations as the Department may from time to time
26    identify. In developing the plan, the Department shall

 

 

HB3655- 102 -LRB102 16922 WGH 22334 b

1    seek input from providers, parent groups, associations and
2    interested citizens.
3        The plan developed under this Section shall include an
4    explanation of the rationale to be used in ensuring that
5    funding shall be based upon local community needs,
6    including, but not limited to, the incidence and
7    prevalence of, and costs associated with, substance use
8    disorders, as well as upon demonstrated program
9    performance.
10        The plan developed under this Section shall also
11    contain a report detailing the activities of and progress
12    made through services for the care and treatment of
13    substance use disorders among pregnant women and mothers
14    and their children established under subsection (j) of
15    Section 35-5.
16        As applicable, the plan developed under this Section
17    shall also include information about funding by other
18    State agencies for prevention, early intervention,
19    treatment, and other recovery support services.
20        (4) Lead, foster and develop cooperation, coordination
21    and agreements among federal and State governmental
22    agencies and local providers that provide assistance,
23    services, funding or other functions, peripheral or
24    direct, in the prevention, early intervention, treatment,
25    and recovery support for substance use disorders. This
26    shall include, but shall not be limited to, the following:

 

 

HB3655- 103 -LRB102 16922 WGH 22334 b

1            (A) Cooperate with and assist other State
2        agencies, as applicable, in establishing and
3        conducting substance use disorder services among the
4        populations they respectively serve.
5            (B) Cooperate with and assist the Illinois
6        Department of Public Health in the establishment,
7        funding and support of programs and services for the
8        promotion of maternal and child health and the
9        prevention and treatment of infectious diseases,
10        including but not limited to HIV infection, especially
11        with respect to those persons who are high risk due to
12        intravenous injection of illegal drugs, or who may
13        have been sexual partners of these individuals, or who
14        may have impaired immune systems as a result of a
15        substance use disorder.
16            (C) Supply to the Department of Public Health and
17        prenatal care providers a list of all providers who
18        are licensed to provide substance use disorder
19        treatment for pregnant women in this State.
20            (D) Assist in the placement of child abuse or
21        neglect perpetrators (identified by the Illinois
22        Department of Children and Family Services (DCFS)) who
23        have been determined to be in need of substance use
24        disorder treatment pursuant to Section 8.2 of the
25        Abused and Neglected Child Reporting Act.
26            (E) Cooperate with and assist DCFS in carrying out

 

 

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1        its mandates to:
2                (i) identify substance use disorders among its
3            clients and their families; and
4                (ii) develop services to deal with such
5            disorders.
6        These services may include, but shall not be limited
7        to, programs to prevent or treat substance use
8        disorders with DCFS clients and their families,
9        identifying child care needs within such treatment,
10        and assistance with other issues as required.
11            (F) Cooperate with and assist the Illinois
12        Criminal Justice Information Authority with respect to
13        statistical and other information concerning the
14        incidence and prevalence of substance use disorders.
15            (G) Cooperate with and assist the State
16        Superintendent of Education, boards of education,
17        schools, police departments, the Illinois Department
18        of State Police, courts and other public and private
19        agencies and individuals in establishing prevention
20        programs statewide and preparing curriculum materials
21        for use at all levels of education.
22            (H) Cooperate with and assist the Illinois
23        Department of Healthcare and Family Services in the
24        development and provision of services offered to
25        recipients of public assistance for the treatment and
26        prevention of substance use disorders.

 

 

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1            (I) (Blank).
2        (5) From monies appropriated to the Department from
3    the Drunk and Drugged Driving Prevention Fund, reimburse
4    DUI evaluation and risk education programs licensed by the
5    Department for providing indigent persons with free or
6    reduced-cost evaluation and risk education services
7    relating to a charge of driving under the influence of
8    alcohol or other drugs.
9        (6) Promulgate regulations to identify and disseminate
10    best practice guidelines that can be utilized by publicly
11    and privately funded programs as well as for levels of
12    payment to government funded programs that provide
13    prevention, early intervention, treatment, and other
14    recovery support services for substance use disorders and
15    those services referenced in Sections 15-10 and 40-5.
16        (7) In consultation with providers and related trade
17    associations, specify a uniform methodology for use by
18    funded providers and the Department for billing and
19    collection and dissemination of statistical information
20    regarding services related to substance use disorders.
21        (8) Receive data and assistance from federal, State
22    and local governmental agencies, and obtain copies of
23    identification and arrest data from all federal, State and
24    local law enforcement agencies for use in carrying out the
25    purposes and functions of the Department.
26        (9) Designate and license providers to conduct

 

 

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1    screening, assessment, referral and tracking of clients
2    identified by the criminal justice system as having
3    indications of substance use disorders and being eligible
4    to make an election for treatment under Section 40-5 of
5    this Act, and assist in the placement of individuals who
6    are under court order to participate in treatment.
7        (10) Identify and disseminate evidence-based best
8    practice guidelines as maintained in administrative rule
9    that can be utilized to determine a substance use disorder
10    diagnosis.
11        (11) (Blank).
12        (12) Make grants with funds appropriated from the Drug
13    Treatment Fund in accordance with Section 7 of the
14    Controlled Substance and Cannabis Nuisance Act, or in
15    accordance with Section 80 of the Methamphetamine Control
16    and Community Protection Act, or in accordance with
17    subsections (h) and (i) of Section 411.2 of the Illinois
18    Controlled Substances Act, or in accordance with Section
19    6z-107 of the State Finance Act.
20        (13) Encourage all health and disability insurance
21    programs to include substance use disorder treatment as a
22    covered service and to use evidence-based best practice
23    criteria as maintained in administrative rule and as
24    required in Public Act 99-0480 in determining the
25    necessity for such services and continued stay.
26        (14) Award grants and enter into fixed-rate and

 

 

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1    fee-for-service arrangements with any other department,
2    authority or commission of this State, or any other state
3    or the federal government or with any public or private
4    agency, including the disbursement of funds and furnishing
5    of staff, to effectuate the purposes of this Act.
6        (15) Conduct a public information campaign to inform
7    the State's Hispanic residents regarding the prevention
8    and treatment of substance use disorders.
9    (b) In addition to the powers, duties and functions vested
10in it by this Act, or by other laws of this State, the
11Department may undertake, but shall not be limited to, the
12following activities:
13        (1) Require all organizations licensed or funded by
14    the Department to include an education component to inform
15    participants regarding the causes and means of
16    transmission and methods of reducing the risk of acquiring
17    or transmitting HIV infection and other infectious
18    diseases, and to include funding for such education
19    component in its support of the program.
20        (2) Review all State agency applications for federal
21    funds that include provisions relating to the prevention,
22    early intervention and treatment of substance use
23    disorders in order to ensure consistency.
24        (3) Prepare, publish, evaluate, disseminate and serve
25    as a central repository for educational materials dealing
26    with the nature and effects of substance use disorders.

 

 

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1    Such materials may deal with the educational needs of the
2    citizens of Illinois, and may include at least pamphlets
3    that describe the causes and effects of fetal alcohol
4    spectrum disorders.
5        (4) Develop and coordinate, with regional and local
6    agencies, education and training programs for persons
7    engaged in providing services for persons with substance
8    use disorders, which programs may include specific HIV
9    education and training for program personnel.
10        (5) Cooperate with and assist in the development of
11    education, prevention, early intervention, and treatment
12    programs for employees of State and local governments and
13    businesses in the State.
14        (6) Utilize the support and assistance of interested
15    persons in the community, including recovering persons, to
16    assist individuals and communities in understanding the
17    dynamics of substance use disorders, and to encourage
18    individuals with substance use disorders to voluntarily
19    undergo treatment.
20        (7) Promote, conduct, assist or sponsor basic
21    clinical, epidemiological and statistical research into
22    substance use disorders and research into the prevention
23    of those problems either solely or in conjunction with any
24    public or private agency.
25        (8) Cooperate with public and private agencies,
26    organizations and individuals in the development of

 

 

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1    programs, and to provide technical assistance and
2    consultation services for this purpose.
3        (9) (Blank).
4        (10) (Blank).
5        (11) Fund, promote, or assist entities dealing with
6    substance use disorders.
7        (12) With monies appropriated from the Group Home Loan
8    Revolving Fund, make loans, directly or through
9    subcontract, to assist in underwriting the costs of
10    housing in which individuals recovering from substance use
11    disorders may reside, pursuant to Section 50-40 of this
12    Act.
13        (13) Promulgate such regulations as may be necessary
14    to carry out the purposes and enforce the provisions of
15    this Act.
16        (14) Provide funding to help parents be effective in
17    preventing substance use disorders by building an
18    awareness of the family's role in preventing substance use
19    disorders through adjusting expectations, developing new
20    skills, and setting positive family goals. The programs
21    shall include, but not be limited to, the following
22    subjects: healthy family communication; establishing rules
23    and limits; how to reduce family conflict; how to build
24    self-esteem, competency, and responsibility in children;
25    how to improve motivation and achievement; effective
26    discipline; problem solving techniques; and how to talk

 

 

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1    about drugs and alcohol. The programs shall be open to all
2    parents.
3(Source: P.A. 100-494, eff. 6-1-18; 100-759, eff. 1-1-19;
4101-10, eff. 6-5-19.)
 
5    (20 ILCS 301/10-15)
6    Sec. 10-15. Qualification and appointment of members. The
7membership of the Illinois Advisory Council may, as needed,
8consist of:
9        (a) A State's Attorney designated by the President of
10    the Illinois State's Attorneys Association.
11        (b) A judge designated by the Chief Justice of the
12    Illinois Supreme Court.
13        (c) A Public Defender appointed by the President of
14    the Illinois Public Defender Association.
15        (d) A local law enforcement officer appointed by the
16    Governor.
17        (e) A labor representative appointed by the Governor.
18        (f) An educator appointed by the Governor.
19        (g) A physician licensed to practice medicine in all
20    its branches appointed by the Governor with due regard for
21    the appointee's knowledge of the field of substance use
22    disorders.
23        (h) 4 members of the Illinois House of
24    Representatives, 2 each appointed by the Speaker and
25    Minority Leader.

 

 

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1        (i) 4 members of the Illinois Senate, 2 each appointed
2    by the President and Minority Leader.
3        (j) The Chief Executive Officer of the Illinois
4    Association for Behavioral Health or his or her designee.
5        (k) An advocate for the needs of youth appointed by
6    the Governor.
7        (l) The President of the Illinois State Medical
8    Society or his or her designee.
9        (m) The President of the Illinois Hospital Association
10    or his or her designee.
11        (n) The President of the Illinois Nurses Association
12    or a registered nurse designated by the President.
13        (o) The President of the Illinois Pharmacists
14    Association or a licensed pharmacist designated by the
15    President.
16        (p) The President of the Illinois Chapter of the
17    Association of Labor-Management Administrators and
18    Consultants on Alcoholism.
19        (p-1) The Chief Executive Officer of the Community
20    Behavioral Healthcare Association of Illinois or his or
21    her designee.
22        (q) The Attorney General or his or her designee.
23        (r) The State Comptroller or his or her designee.
24        (s) 20 public members, 8 appointed by the Governor, 3
25    of whom shall be representatives of substance use disorder
26    treatment programs and one of whom shall be a

 

 

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1    representative of a manufacturer or importing distributor
2    of alcoholic liquor licensed by the State of Illinois, and
3    3 public members appointed by each of the President and
4    Minority Leader of the Senate and the Speaker and Minority
5    Leader of the House.
6        (t) The Director, Secretary, or other chief
7    administrative officer, ex officio, or his or her
8    designee, of each of the following: the Department on
9    Aging, the Department of Children and Family Services, the
10    Department of Corrections, the Department of Juvenile
11    Justice, the Department of Healthcare and Family Services,
12    the Department of Revenue, the Department of Public
13    Health, the Department of Financial and Professional
14    Regulation, the Illinois Department of State Police, the
15    Administrative Office of the Illinois Courts, the Criminal
16    Justice Information Authority, and the Department of
17    Transportation.
18        (u) Each of the following, ex officio, or his or her
19    designee: the Secretary of State, the State Superintendent
20    of Education, and the Chairman of the Board of Higher
21    Education.
22    The public members may not be officers or employees of the
23executive branch of State government; however, the public
24members may be officers or employees of a State college or
25university or of any law enforcement agency. In appointing
26members, due consideration shall be given to the experience of

 

 

HB3655- 113 -LRB102 16922 WGH 22334 b

1appointees in the fields of medicine, law, prevention,
2correctional activities, and social welfare. Vacancies in the
3public membership shall be filled for the unexpired term by
4appointment in like manner as for original appointments, and
5the appointive members shall serve until their successors are
6appointed and have qualified. Vacancies among the public
7members appointed by the legislative leaders shall be filled
8by the leader of the same house and of the same political party
9as the leader who originally appointed the member.
10    Each non-appointive member may designate a representative
11to serve in his place by written notice to the Department. All
12General Assembly members shall serve until their respective
13successors are appointed or until termination of their
14legislative service, whichever occurs first. The terms of
15office for each of the members appointed by the Governor shall
16be for 3 years, except that of the members first appointed, 3
17shall be appointed for a term of one year, and 4 shall be
18appointed for a term of 2 years. The terms of office of each of
19the public members appointed by the legislative leaders shall
20be for 2 years.
21(Source: P.A. 100-201, eff. 8-18-17; 100-759, eff. 1-1-19.)
 
22    (20 ILCS 301/45-55)
23    Sec. 45-55. Powers and duties of designated agents.
24    (a) It is hereby made the sole and exclusive duty of the
25Department, and its designated agents, officers and

 

 

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1investigators, to investigate all violations of this Act, and
2to cooperate with all agencies charged with enforcement of the
3laws of the United States, or any state, concerning matters
4pertaining to this Act. Nothing in this Act shall bar a grand
5jury from conducting an investigation of any alleged violation
6of this Act. Any agent, officer, investigator or peace officer
7designated by the Department may:
8        (1) execute and serve administrative inspection
9    warrants and subpoenas under the authority of this State.
10        (2) make seizures of property pursuant to the
11    provisions of this Act.
12        (3) perform such other duties as the Department may
13    designate.
14    The Secretary may appoint such investigators as is deemed
15necessary to carry out the provisions of this Act. It shall be
16the duty of such investigators to investigate and report
17violations of the provisions of this Act. With respect to the
18enforcement of the provisions of this Act, such investigators
19shall have the authority to serve subpoenas, summonses and
20administrative inspection warrants. They shall be conservators
21of the peace and, as such, they shall have and may exercise
22during the course of an inspection or investigation all the
23powers possessed by policemen in the cities and sheriffs in
24the counties of this State, except that they may exercise such
25powers anywhere in the State.
26    (b) The Department or its designated agents, either before

 

 

HB3655- 115 -LRB102 16922 WGH 22334 b

1or after the issuance of a license, may request and shall
2receive the cooperation of the Illinois Department of State
3Police, county and multiple county health departments, or
4municipal boards of health to make investigations to determine
5if the applicant or licensee is complying with minimum
6standards prescribed by the Department.
7(Source: P.A. 88-80; 89-507, eff. 7-1-97.)
 
8    Section 115. The Department of Central Management Services
9Law of the Civil Administrative Code of Illinois is amended by
10changing Section 405-320 as follows:
 
11    (20 ILCS 405/405-320)  (was 20 ILCS 405/67.25)
12    Sec. 405-320. Multi-use State facility at Collinsville;
13State Police district headquarters at Sterling.
14    (a) To enter into an agreement with a private individual,
15trust, partnership, or corporation or a municipality or other
16unit of local government whereby that individual, trust,
17partnership, or corporation or municipality or other unit of
18local government will construct a structure in the vicinity of
19Collinsville, Illinois for the purposes of its serving as a
20multi-use State facility and then lease that structure to the
21Department for the use of the Department of Transportation and
22other State agencies.
23    (b) To enter into an agreement with a municipality or
24other unit of local government whereby the municipality or

 

 

HB3655- 116 -LRB102 16922 WGH 22334 b

1other unit of local government will construct a structure in
2the vicinity of Sterling, Illinois for the purposes of its
3serving as an Illinois a Department of State Police district
4headquarters and then lease the structure to the Department
5for the use of the Illinois State Police. The Director is
6further authorized to convey the existing Illinois State
7Police headquarters at Sterling to the City of Sterling,
8Illinois, a municipal corporation, at a value established by
9the average of 3 appraisals in exchange for a deduction of
10equal value against any amounts due the municipality under the
11State's contract to acquire an Illinois a State Police district
12headquarters at Sterling.
13    (c) A lease entered into pursuant to the authority granted
14in this Section shall be for a term not to exceed 30 years but
15may grant to the State the option to purchase the structure
16outright.
17    (d) The lease shall be approved by the heads of the
18agencies occupying the facility and shall be and shall recite
19that it is subject to termination and cancellation in any year
20for which the General Assembly fails to make an appropriation
21to pay the rent payable under the terms of the lease.
22(Source: P.A. 91-239, eff. 1-1-00.)
 
23    Section 120. The Personnel Code is amended by changing
24Sections 4c, 8c, and 10 as follows:
 

 

 

HB3655- 117 -LRB102 16922 WGH 22334 b

1    (20 ILCS 415/4c)  (from Ch. 127, par. 63b104c)
2    Sec. 4c. General exemptions. The following positions in
3State service shall be exempt from jurisdictions A, B, and C,
4unless the jurisdictions shall be extended as provided in this
5Act:
6        (1) All officers elected by the people.
7        (2) All positions under the Lieutenant Governor,
8    Secretary of State, State Treasurer, State Comptroller,
9    State Board of Education, Clerk of the Supreme Court,
10    Attorney General, and State Board of Elections.
11        (3) Judges, and officers and employees of the courts,
12    and notaries public.
13        (4) All officers and employees of the Illinois General
14    Assembly, all employees of legislative commissions, all
15    officers and employees of the Illinois Legislative
16    Reference Bureau and the Legislative Printing Unit.
17        (5) All positions in the Illinois National Guard and
18    Illinois State Guard, paid from federal funds or positions
19    in the State Military Service filled by enlistment and
20    paid from State funds.
21        (6) All employees of the Governor at the executive
22    mansion and on his immediate personal staff.
23        (7) Directors of Departments, the Adjutant General,
24    the Assistant Adjutant General, the Director of the
25    Illinois Emergency Management Agency, members of boards
26    and commissions, and all other positions appointed by the

 

 

HB3655- 118 -LRB102 16922 WGH 22334 b

1    Governor by and with the consent of the Senate.
2        (8) The presidents, other principal administrative
3    officers, and teaching, research and extension faculties
4    of Chicago State University, Eastern Illinois University,
5    Governors State University, Illinois State University,
6    Northeastern Illinois University, Northern Illinois
7    University, Western Illinois University, the Illinois
8    Community College Board, Southern Illinois University,
9    Illinois Board of Higher Education, University of
10    Illinois, State Universities Civil Service System,
11    University Retirement System of Illinois, and the
12    administrative officers and scientific and technical staff
13    of the Illinois State Museum.
14        (9) All other employees except the presidents, other
15    principal administrative officers, and teaching, research
16    and extension faculties of the universities under the
17    jurisdiction of the Board of Regents and the colleges and
18    universities under the jurisdiction of the Board of
19    Governors of State Colleges and Universities, Illinois
20    Community College Board, Southern Illinois University,
21    Illinois Board of Higher Education, Board of Governors of
22    State Colleges and Universities, the Board of Regents,
23    University of Illinois, State Universities Civil Service
24    System, University Retirement System of Illinois, so long
25    as these are subject to the provisions of the State
26    Universities Civil Service Act.

 

 

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1        (10) The Illinois State Police so long as they are
2    subject to the merit provisions of the Illinois State
3    Police Act.
4        (11) (Blank).
5        (12) The technical and engineering staffs of the
6    Department of Transportation, the Department of Nuclear
7    Safety, the Pollution Control Board, and the Illinois
8    Commerce Commission, and the technical and engineering
9    staff providing architectural and engineering services in
10    the Department of Central Management Services.
11        (13) All employees of the Illinois State Toll Highway
12    Authority.
13        (14) The Secretary of the Illinois Workers'
14    Compensation Commission.
15        (15) All persons who are appointed or employed by the
16    Director of Insurance under authority of Section 202 of
17    the Illinois Insurance Code to assist the Director of
18    Insurance in discharging his responsibilities relating to
19    the rehabilitation, liquidation, conservation, and
20    dissolution of companies that are subject to the
21    jurisdiction of the Illinois Insurance Code.
22        (16) All employees of the St. Louis Metropolitan Area
23    Airport Authority.
24        (17) All investment officers employed by the Illinois
25    State Board of Investment.
26        (18) Employees of the Illinois Young Adult

 

 

HB3655- 120 -LRB102 16922 WGH 22334 b

1    Conservation Corps program, administered by the Illinois
2    Department of Natural Resources, authorized grantee under
3    Title VIII of the Comprehensive Employment and Training
4    Act of 1973, 29 USC 993.
5        (19) Seasonal employees of the Department of
6    Agriculture for the operation of the Illinois State Fair
7    and the DuQuoin State Fair, no one person receiving more
8    than 29 days of such employment in any calendar year.
9        (20) All "temporary" employees hired under the
10    Department of Natural Resources' Illinois Conservation
11    Service, a youth employment program that hires young
12    people to work in State parks for a period of one year or
13    less.
14        (21) All hearing officers of the Human Rights
15    Commission.
16        (22) All employees of the Illinois Mathematics and
17    Science Academy.
18        (23) All employees of the Kankakee River Valley Area
19    Airport Authority.
20        (24) The commissioners and employees of the Executive
21    Ethics Commission.
22        (25) The Executive Inspectors General, including
23    special Executive Inspectors General, and employees of
24    each Office of an Executive Inspector General.
25        (26) The commissioners and employees of the
26    Legislative Ethics Commission.

 

 

HB3655- 121 -LRB102 16922 WGH 22334 b

1        (27) The Legislative Inspector General, including
2    special Legislative Inspectors General, and employees of
3    the Office of the Legislative Inspector General.
4        (28) The Auditor General's Inspector General and
5    employees of the Office of the Auditor General's Inspector
6    General.
7        (29) All employees of the Illinois Power Agency.
8        (30) Employees having demonstrable, defined advanced
9    skills in accounting, financial reporting, or technical
10    expertise who are employed within executive branch
11    agencies and whose duties are directly related to the
12    submission to the Office of the Comptroller of financial
13    information for the publication of the Comprehensive
14    Annual Financial Report (CAFR).
15        (31) All employees of the Illinois Sentencing Policy
16    Advisory Council.
17(Source: P.A. 100-1148, eff. 12-10-18.)
 
18    (20 ILCS 415/8c)  (from Ch. 127, par. 63b108c)
19    Sec. 8c. Jurisdiction C; conditions of employment. For
20positions in the State service subject to the jurisdiction of
21the Department of Central Management Services with respect to
22conditions of employment:
23        (1) For establishment of a plan for resolving employee
24    grievances and complaints, excluding compulsory
25    arbitration.

 

 

HB3655- 122 -LRB102 16922 WGH 22334 b

1        (2) For hours of work, holidays, and attendance
2    regulation in the various classes of positions in the
3    State service; for annual, sick and special leaves of
4    absence, with or without pay or with reduced pay; for
5    compensatory time off for overtime or for pay for
6    overtime, and for the rate at which compensatory time off
7    is to be allowed or for the rate which is to be paid for
8    overtime. If the services of an employee in the State
9    service are terminated by reason of his retirement,
10    disability or death, he, or his estate, as the case may be,
11    shall be paid a lump sum, for the number of days for leave
12    for personal business which the employee had accumulated
13    but not used as of the date his services were terminated,
14    in an amount equal to 1/2 of his pay per working day times
15    the number of such leave days so accumulated and not used.
16        (3) For the development and operation of programs to
17    improve the work effectiveness and morale of employees in
18    the State service, including training, safety, health,
19    welfare, counseling, recreation, employee relations, a
20    suggestion system, and others.
21        Employees whose tuition and fees are paid by the
22    State, either directly or by reimbursement, shall incur a
23    work commitment to the State. Employees whose State paid
24    training has not led to a postsecondary degree shall be
25    obligated to continue in the employ of the State, but not
26    necessarily in the same agency, for a period of at least 18

 

 

HB3655- 123 -LRB102 16922 WGH 22334 b

1    months following completion of the most recent course.
2    Employees whose State paid training has led to a
3    postsecondary degree and whose State payments have paid
4    for 50% or more of the required credit hours shall be
5    obligated to continue in the employ of the State, but not
6    necessarily in the same agency, for a minimum of 4 years
7    after receiving the degree.
8        If the employee does not fulfill this work commitment
9    by voluntarily leaving State employment, the State may
10    recover payments in a civil action and may also recover
11    interest at the rate of 1% per month from the time the
12    State makes payment until the time the State recovers the
13    payment. The amount the State may recover under this
14    subsection (3) shall be reduced by 25% of the gross amount
15    paid by the State for each year the employee is employed by
16    the State after the employee receives a postsecondary
17    degree, and 1/18th of the gross amount paid by the State
18    for each month the employee is employed by the State after
19    the employee completes the most recent course which has
20    not led to a postsecondary degree.
21        The State shall not recover payments for course work
22    or a training program that was (a) started before the
23    effective date of this Act; (b) completed as a requirement
24    for a grammar school certificate or a high school diploma,
25    to prepare for high school equivalency testing, or to
26    improve literacy or numeracy; (c) specialized training in

 

 

HB3655- 124 -LRB102 16922 WGH 22334 b

1    the form of a conference, seminar, workshop, or similar
2    arrangement offered by public or private organizations;
3    (d) provided as part of the Upward Mobility Program
4    administered by the Department of Central Management
5    Services; or (e) a condition of continued employment.
6        Illinois Department of State Police employees who are
7    enrolled in an official training program that lasts longer
8    than one year shall incur a work commitment to the State.
9    The work commitment shall be 2 months for each month of
10    completed training. If the employee fails to fulfill this
11    work commitment by voluntarily leaving State employment,
12    the State may recover wages in a civil action and may also
13    recover interest at the rate of 1% per month from the time
14    the State makes payment until the time the State recovers
15    the payment. The amount the State may recover under this
16    subsection (3) shall be reduced by the number of months
17    served after the training is completed times the monthly
18    salary at the time of separation.
19        The Department of Central Management Services shall
20    promulgate rules governing recovery activities to be used
21    by all State agencies paying, whether directly or by
22    reimbursement, for employee tuition and fees. Each such
23    agency shall make necessary efforts, including pursuing
24    appropriate legal action, to recover the actual
25    reimbursements and applicable interest due the State under
26    this subsection (3).

 

 

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1        (4) For the establishment of a sick pay plan in
2    accordance with Section 36 of the State Finance Act.
3        (5) For the establishment of a family responsibility
4    leave plan under which an employee in the State service
5    may request and receive a leave of absence for up to one
6    year without penalty whenever such leave is requested to
7    enable the employee to meet a bona fide family
8    responsibility of such employee. The procedure for
9    determining and documenting the existence of a bona fide
10    family responsibility shall be as provided by rule, but
11    without limiting the circumstances which shall constitute
12    a bona fide family responsibility under the rules, such
13    circumstances shall include leave incident to the birth of
14    the employee's child and the responsibility thereafter to
15    provide proper care to that child or to a newborn child
16    adopted by the employee, the responsibility to provide
17    regular care to a disabled, incapacitated or bedridden
18    resident of the employee's household or member of the
19    employee's family, and the responsibility to furnish
20    special guidance, care and supervision to a resident of
21    the employee's household or member of the employee's
22    family in need thereof under circumstances temporarily
23    inconsistent with uninterrupted employment in State
24    service. The family responsibility leave plan so
25    established shall provide that any such leave shall be
26    without pay, that the seniority of the employee on such

 

 

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1    leave shall not be reduced during the period of the leave,
2    that such leave shall not under any circumstance or for
3    any purpose be deemed to cause a break in such employee's
4    State service, that during the period of such leave any
5    coverage of the employee or the employee's dependents
6    which existed at the commencement of the leave under any
7    group health, hospital, medical and life insurance plan
8    provided through the State shall continue so long as the
9    employee pays to the State when due the full premium
10    incident to such coverage, and that upon expiration of the
11    leave the employee shall be returned to the same position
12    and classification which such employee held at the
13    commencement of the leave. The Director of Central
14    Management Services shall prepare proposed rules
15    consistent with this paragraph within 45 days after the
16    effective date of this amendatory Act of 1983, shall
17    promptly thereafter cause a public hearing thereon to be
18    held as provided in Section 8 and shall within 120 days
19    after the effective date of this amendatory Act of 1983
20    cause such proposed rules to be submitted to the Civil
21    Service Commission as provided in Section 8.
22        (6) For the development and operation of a plan for
23    alternative employment for any employee who is able to
24    perform alternative employment after a work related or
25    non-work related disability essentially precludes that
26    employee from performing his or her currently assigned

 

 

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1    duties. Such a plan shall be voluntary for any employee
2    and nonparticipation shall not be grounds for denial of
3    any benefit to which the employee would otherwise be
4    eligible. Any plan seeking to cover positions for which
5    there is a recognized bargaining agent shall be subject to
6    collective bargaining between the parties.
7        (7) For the development and operation of an Executive
8    Development Program to provide scholarships for the
9    receipt of academic degrees or senior executive training
10    beyond the Bachelor's degree level for as many as 25
11    employees at any given time:
12            (i) each of whom is nominated for such scholarship
13        by the head of the employee's agency and approved by
14        the Director;
15            (ii) who are subject to Term Appointment under
16        Section 8b.18 or who would be subject to such Term
17        Appointment but for Federal funding or who are exempt
18        from Jurisdiction B under subsections (2), (3) or (6)
19        of Section 4d of this Act:
20            (iii) who meet the admission standards established
21        by the institution awarding the advanced degree or
22        conducting the training;
23            (iv) each of whom agrees, as a condition of
24        accepting such scholarship, that the State may recover
25        the scholarship by garnishment, lien or other
26        appropriate legal action if the employee fails to

 

 

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1        continue in the employ of the State, but not
2        necessarily in the same agency, for a minimum of 4
3        years following receipt of an advanced degree or
4        training and that the State may charge interest from
5        the time of payment until the time of recovery of such
6        scholarship of no less than 1% per month or 12% per
7        annum on all funds recovered by the State. The amount
8        the State may recover under this Section will be
9        reduced by 25% of the gross amount paid by the State
10        for each year of employment following receipt of the
11        advanced degree or training.
12        The Director shall in approving eligible employees for
13    the Executive Development Program make every attempt to
14    guarantee that at least 1/3 of the employees appointed to
15    the program reflect the ratio of sex, race, and ethnicity
16    of eligible employees.
17        Such scholarships shall not exceed the amount
18    established for tuition and fees for the applicable
19    advanced degree or training at State universities in
20    Illinois whether the employee enrolls at any Illinois
21    public or private institution, and shall not include any
22    textbooks or equipment such as personal computers.
23        The Department of Central Management Services shall
24    make necessary efforts, including appropriate legal
25    action, to recover scholarships and interest thereupon due
26    subject to recovery by the State under Subparagraph (iv)

 

 

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1    of this Subsection (7).
2(Source: P.A. 98-718, eff. 1-1-15.)
 
3    (20 ILCS 415/10)  (from Ch. 127, par. 63b110)
4    Sec. 10. Duties and powers of the Commission. The Civil
5Service Commission shall have duties and powers as follows:
6        (1) Upon written recommendations by the Director of
7    the Department of Central Management Services to exempt
8    from jurisdiction B of this Act positions which, in the
9    judgment of the Commission, involve either principal
10    administrative responsibility for the determination of
11    policy or principal administrative responsibility for the
12    way in which policies are carried out. This authority may
13    not be exercised, however, with respect to the position of
14    Assistant Director of Healthcare and Family Services in
15    the Department of Healthcare and Family Services.
16        (2) To require such special reports from the Director
17    as it may consider desirable.
18        (3) To disapprove original rules or any part thereof
19    within 90 days and any amendment thereof within 30 days
20    after the submission of such rules to the Civil Service
21    Commission by the Director, and to disapprove any
22    amendments thereto in the same manner.
23        (4) To approve or disapprove within 60 days from date
24    of submission the position classification plan submitted
25    by the Director as provided in the rules, and any

 

 

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1    revisions thereof within 30 days from the date of
2    submission.
3        (5) To hear appeals of employees who do not accept the
4    allocation of their positions under the position
5    classification plan.
6        (6) To hear and determine written charges filed
7    seeking the discharge, demotion of employees and
8    suspension totaling more than thirty days in any 12-month
9    period, as provided in Section 11 hereof, and appeals from
10    transfers from one geographical area in the State to
11    another, and in connection therewith to administer oaths,
12    subpoena witnesses, and compel the production of books and
13    papers.
14        (7) The fees of subpoenaed witnesses under this Act
15    for attendance and travel shall be the same as fees of
16    witnesses before the circuit courts of the State, such
17    fees to be paid when the witness is excused from further
18    attendance. Whenever a subpoena is issued the Commission
19    may require that the cost of service and the fee of the
20    witness shall be borne by the party at whose insistence
21    the witness is summoned. The Commission has the power, at
22    its discretion, to require a deposit from such party to
23    cover the cost of service and witness fees and the payment
24    of the legal witness fee and mileage to the witness served
25    with the subpoena. A subpoena issued under this Act shall
26    be served in the same manner as a subpoena issued out of a

 

 

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1    court.
2        Upon the failure or refusal to obey a subpoena, a
3    petition shall be prepared by the party serving the
4    subpoena for enforcement in the circuit court of the
5    county in which the person to whom the subpoena was
6    directed either resides or has his or her principal place
7    of business.
8        Not less than five days before the petition is filed
9    in the appropriate court, it shall be served on the person
10    along with a notice of the time and place the petition is
11    to be presented.
12        Following a hearing on the petition, the circuit court
13    shall have jurisdiction to enforce subpoenas issued
14    pursuant to this Section.
15        On motion and for good cause shown the Commission may
16    quash or modify any subpoena.
17        (8) To make an annual report regarding the work of the
18    Commission to the Governor, such report to be a public
19    report.
20        (9) If any violation of this Act is found, the
21    Commission shall direct compliance in writing.
22        (10) To appoint a full-time executive secretary and
23    such other employees, experts, and special assistants as
24    may be necessary to carry out the powers and duties of the
25    Commission under this Act and employees, experts, and
26    special assistants so appointed by the Commission shall be

 

 

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1    subject to the provisions of jurisdictions A, B and C of
2    this Act. These powers and duties supersede any contrary
3    provisions herein contained.
4        (11) To make rules to carry out and implement their
5    powers and duties under this Act, with authority to amend
6    such rules from time to time.
7        (12) To hear or conduct investigations as it deems
8    necessary of appeals of layoff filed by employees
9    appointed under Jurisdiction B after examination provided
10    that such appeals are filed within 15 calendar days
11    following the effective date of such layoff and are made
12    on the basis that the provisions of the Personnel Code or
13    of the Rules of the Department of Central Management
14    Services relating to layoff have been violated or have not
15    been complied with.
16        All hearings shall be public. A decision shall be
17    rendered within 60 days after receipt of the transcript of
18    the proceedings. The Commission shall order the
19    reinstatement of the employee if it is proven that the
20    provisions of the Personnel Code or of the rules of the
21    Department of Central Management Services relating to
22    layoff have been violated or have not been complied with.
23    In connection therewith the Commission may administer
24    oaths, subpoena witnesses, and compel the production of
25    books and papers.
26        (13) Whenever the Civil Service Commission is

 

 

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1    authorized or required by law to consider some aspect of
2    criminal history record information for the purpose of
3    carrying out its statutory powers and responsibilities,
4    then, upon request and payment of fees in conformance with
5    the requirements of Section 2605-400 of the Illinois
6    Department of State Police Law (20 ILCS 2605/2605-400),
7    the Illinois Department of State Police is authorized to
8    furnish, pursuant to positive identification, such
9    information contained in State files as is necessary to
10    fulfill the request.
11(Source: P.A. 100-201, eff. 8-18-17.)
 
12    Section 125. The Children and Family Services Act is
13amended by changing Sections 5, 35.5, and 35.6 as follows:
 
14    (20 ILCS 505/5)  (from Ch. 23, par. 5005)
15    Sec. 5. Direct child welfare services; Department of
16Children and Family Services. To provide direct child welfare
17services when not available through other public or private
18child care or program facilities.
19    (a) For purposes of this Section:
20        (1) "Children" means persons found within the State
21    who are under the age of 18 years. The term also includes
22    persons under age 21 who:
23            (A) were committed to the Department pursuant to
24        the Juvenile Court Act or the Juvenile Court Act of

 

 

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1        1987, as amended, and who continue under the
2        jurisdiction of the court; or
3            (B) were accepted for care, service and training
4        by the Department prior to the age of 18 and whose best
5        interest in the discretion of the Department would be
6        served by continuing that care, service and training
7        because of severe emotional disturbances, physical
8        disability, social adjustment or any combination
9        thereof, or because of the need to complete an
10        educational or vocational training program.
11        (2) "Homeless youth" means persons found within the
12    State who are under the age of 19, are not in a safe and
13    stable living situation and cannot be reunited with their
14    families.
15        (3) "Child welfare services" means public social
16    services which are directed toward the accomplishment of
17    the following purposes:
18            (A) protecting and promoting the health, safety
19        and welfare of children, including homeless,
20        dependent, or neglected children;
21            (B) remedying, or assisting in the solution of
22        problems which may result in, the neglect, abuse,
23        exploitation, or delinquency of children;
24            (C) preventing the unnecessary separation of
25        children from their families by identifying family
26        problems, assisting families in resolving their

 

 

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1        problems, and preventing the breakup of the family
2        where the prevention of child removal is desirable and
3        possible when the child can be cared for at home
4        without endangering the child's health and safety;
5            (D) restoring to their families children who have
6        been removed, by the provision of services to the
7        child and the families when the child can be cared for
8        at home without endangering the child's health and
9        safety;
10            (E) placing children in suitable adoptive homes,
11        in cases where restoration to the biological family is
12        not safe, possible, or appropriate;
13            (F) assuring safe and adequate care of children
14        away from their homes, in cases where the child cannot
15        be returned home or cannot be placed for adoption. At
16        the time of placement, the Department shall consider
17        concurrent planning, as described in subsection (l-1)
18        of this Section so that permanency may occur at the
19        earliest opportunity. Consideration should be given so
20        that if reunification fails or is delayed, the
21        placement made is the best available placement to
22        provide permanency for the child;
23            (G) (blank);
24            (H) (blank); and
25            (I) placing and maintaining children in facilities
26        that provide separate living quarters for children

 

 

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1        under the age of 18 and for children 18 years of age
2        and older, unless a child 18 years of age is in the
3        last year of high school education or vocational
4        training, in an approved individual or group treatment
5        program, in a licensed shelter facility, or secure
6        child care facility. The Department is not required to
7        place or maintain children:
8                (i) who are in a foster home, or
9                (ii) who are persons with a developmental
10            disability, as defined in the Mental Health and
11            Developmental Disabilities Code, or
12                (iii) who are female children who are
13            pregnant, pregnant and parenting, or parenting, or
14                (iv) who are siblings, in facilities that
15            provide separate living quarters for children 18
16            years of age and older and for children under 18
17            years of age.
18    (b) (Blank).
19    (c) The Department shall establish and maintain
20tax-supported child welfare services and extend and seek to
21improve voluntary services throughout the State, to the end
22that services and care shall be available on an equal basis
23throughout the State to children requiring such services.
24    (d) The Director may authorize advance disbursements for
25any new program initiative to any agency contracting with the
26Department. As a prerequisite for an advance disbursement, the

 

 

HB3655- 137 -LRB102 16922 WGH 22334 b

1contractor must post a surety bond in the amount of the advance
2disbursement and have a purchase of service contract approved
3by the Department. The Department may pay up to 2 months
4operational expenses in advance. The amount of the advance
5disbursement shall be prorated over the life of the contract
6or the remaining months of the fiscal year, whichever is less,
7and the installment amount shall then be deducted from future
8bills. Advance disbursement authorizations for new initiatives
9shall not be made to any agency after that agency has operated
10during 2 consecutive fiscal years. The requirements of this
11Section concerning advance disbursements shall not apply with
12respect to the following: payments to local public agencies
13for child day care services as authorized by Section 5a of this
14Act; and youth service programs receiving grant funds under
15Section 17a-4.
16    (e) (Blank).
17    (f) (Blank).
18    (g) The Department shall establish rules and regulations
19concerning its operation of programs designed to meet the
20goals of child safety and protection, family preservation,
21family reunification, and adoption, including, but not limited
22to:
23        (1) adoption;
24        (2) foster care;
25        (3) family counseling;
26        (4) protective services;

 

 

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1        (5) (blank);
2        (6) homemaker service;
3        (7) return of runaway children;
4        (8) (blank);
5        (9) placement under Section 5-7 of the Juvenile Court
6    Act or Section 2-27, 3-28, 4-25, or 5-740 of the Juvenile
7    Court Act of 1987 in accordance with the federal Adoption
8    Assistance and Child Welfare Act of 1980; and
9        (10) interstate services.
10    Rules and regulations established by the Department shall
11include provisions for training Department staff and the staff
12of Department grantees, through contracts with other agencies
13or resources, in screening techniques to identify substance
14use disorders, as defined in the Substance Use Disorder Act,
15approved by the Department of Human Services, as a successor
16to the Department of Alcoholism and Substance Abuse, for the
17purpose of identifying children and adults who should be
18referred for an assessment at an organization appropriately
19licensed by the Department of Human Services for substance use
20disorder treatment.
21    (h) If the Department finds that there is no appropriate
22program or facility within or available to the Department for
23a youth in care and that no licensed private facility has an
24adequate and appropriate program or none agrees to accept the
25youth in care, the Department shall create an appropriate
26individualized, program-oriented plan for such youth in care.

 

 

HB3655- 139 -LRB102 16922 WGH 22334 b

1The plan may be developed within the Department or through
2purchase of services by the Department to the extent that it is
3within its statutory authority to do.
4    (i) Service programs shall be available throughout the
5State and shall include but not be limited to the following
6services:
7        (1) case management;
8        (2) homemakers;
9        (3) counseling;
10        (4) parent education;
11        (5) day care; and
12        (6) emergency assistance and advocacy.
13    In addition, the following services may be made available
14to assess and meet the needs of children and families:
15        (1) comprehensive family-based services;
16        (2) assessments;
17        (3) respite care; and
18        (4) in-home health services.
19    The Department shall provide transportation for any of the
20services it makes available to children or families or for
21which it refers children or families.
22    (j) The Department may provide categories of financial
23assistance and education assistance grants, and shall
24establish rules and regulations concerning the assistance and
25grants, to persons who adopt children with physical or mental
26disabilities, children who are older, or other hard-to-place

 

 

HB3655- 140 -LRB102 16922 WGH 22334 b

1children who (i) immediately prior to their adoption were
2youth in care or (ii) were determined eligible for financial
3assistance with respect to a prior adoption and who become
4available for adoption because the prior adoption has been
5dissolved and the parental rights of the adoptive parents have
6been terminated or because the child's adoptive parents have
7died. The Department may continue to provide financial
8assistance and education assistance grants for a child who was
9determined eligible for financial assistance under this
10subsection (j) in the interim period beginning when the
11child's adoptive parents died and ending with the finalization
12of the new adoption of the child by another adoptive parent or
13parents. The Department may also provide categories of
14financial assistance and education assistance grants, and
15shall establish rules and regulations for the assistance and
16grants, to persons appointed guardian of the person under
17Section 5-7 of the Juvenile Court Act or Section 2-27, 3-28,
184-25, or 5-740 of the Juvenile Court Act of 1987 for children
19who were youth in care for 12 months immediately prior to the
20appointment of the guardian.
21    The amount of assistance may vary, depending upon the
22needs of the child and the adoptive parents, as set forth in
23the annual assistance agreement. Special purpose grants are
24allowed where the child requires special service but such
25costs may not exceed the amounts which similar services would
26cost the Department if it were to provide or secure them as

 

 

HB3655- 141 -LRB102 16922 WGH 22334 b

1guardian of the child.
2    Any financial assistance provided under this subsection is
3inalienable by assignment, sale, execution, attachment,
4garnishment, or any other remedy for recovery or collection of
5a judgment or debt.
6    (j-5) The Department shall not deny or delay the placement
7of a child for adoption if an approved family is available
8either outside of the Department region handling the case, or
9outside of the State of Illinois.
10    (k) The Department shall accept for care and training any
11child who has been adjudicated neglected or abused, or
12dependent committed to it pursuant to the Juvenile Court Act
13or the Juvenile Court Act of 1987.
14    (l) The Department shall offer family preservation
15services, as defined in Section 8.2 of the Abused and
16Neglected Child Reporting Act, to help families, including
17adoptive and extended families. Family preservation services
18shall be offered (i) to prevent the placement of children in
19substitute care when the children can be cared for at home or
20in the custody of the person responsible for the children's
21welfare, (ii) to reunite children with their families, or
22(iii) to maintain an adoptive placement. Family preservation
23services shall only be offered when doing so will not endanger
24the children's health or safety. With respect to children who
25are in substitute care pursuant to the Juvenile Court Act of
261987, family preservation services shall not be offered if a

 

 

HB3655- 142 -LRB102 16922 WGH 22334 b

1goal other than those of subdivisions (A), (B), or (B-1) of
2subsection (2) of Section 2-28 of that Act has been set, except
3that reunification services may be offered as provided in
4paragraph (F) of subsection (2) of Section 2-28 of that Act.
5Nothing in this paragraph shall be construed to create a
6private right of action or claim on the part of any individual
7or child welfare agency, except that when a child is the
8subject of an action under Article II of the Juvenile Court Act
9of 1987 and the child's service plan calls for services to
10facilitate achievement of the permanency goal, the court
11hearing the action under Article II of the Juvenile Court Act
12of 1987 may order the Department to provide the services set
13out in the plan, if those services are not provided with
14reasonable promptness and if those services are available.
15    The Department shall notify the child and his family of
16the Department's responsibility to offer and provide family
17preservation services as identified in the service plan. The
18child and his family shall be eligible for services as soon as
19the report is determined to be "indicated". The Department may
20offer services to any child or family with respect to whom a
21report of suspected child abuse or neglect has been filed,
22prior to concluding its investigation under Section 7.12 of
23the Abused and Neglected Child Reporting Act. However, the
24child's or family's willingness to accept services shall not
25be considered in the investigation. The Department may also
26provide services to any child or family who is the subject of

 

 

HB3655- 143 -LRB102 16922 WGH 22334 b

1any report of suspected child abuse or neglect or may refer
2such child or family to services available from other agencies
3in the community, even if the report is determined to be
4unfounded, if the conditions in the child's or family's home
5are reasonably likely to subject the child or family to future
6reports of suspected child abuse or neglect. Acceptance of
7such services shall be voluntary. The Department may also
8provide services to any child or family after completion of a
9family assessment, as an alternative to an investigation, as
10provided under the "differential response program" provided
11for in subsection (a-5) of Section 7.4 of the Abused and
12Neglected Child Reporting Act.
13    The Department may, at its discretion except for those
14children also adjudicated neglected or dependent, accept for
15care and training any child who has been adjudicated addicted,
16as a truant minor in need of supervision or as a minor
17requiring authoritative intervention, under the Juvenile Court
18Act or the Juvenile Court Act of 1987, but no such child shall
19be committed to the Department by any court without the
20approval of the Department. On and after January 1, 2015 (the
21effective date of Public Act 98-803) and before January 1,
222017, a minor charged with a criminal offense under the
23Criminal Code of 1961 or the Criminal Code of 2012 or
24adjudicated delinquent shall not be placed in the custody of
25or committed to the Department by any court, except (i) a minor
26less than 16 years of age committed to the Department under

 

 

HB3655- 144 -LRB102 16922 WGH 22334 b

1Section 5-710 of the Juvenile Court Act of 1987, (ii) a minor
2for whom an independent basis of abuse, neglect, or dependency
3exists, which must be defined by departmental rule, or (iii) a
4minor for whom the court has granted a supplemental petition
5to reinstate wardship pursuant to subsection (2) of Section
62-33 of the Juvenile Court Act of 1987. On and after January 1,
72017, a minor charged with a criminal offense under the
8Criminal Code of 1961 or the Criminal Code of 2012 or
9adjudicated delinquent shall not be placed in the custody of
10or committed to the Department by any court, except (i) a minor
11less than 15 years of age committed to the Department under
12Section 5-710 of the Juvenile Court Act of 1987, ii) a minor
13for whom an independent basis of abuse, neglect, or dependency
14exists, which must be defined by departmental rule, or (iii) a
15minor for whom the court has granted a supplemental petition
16to reinstate wardship pursuant to subsection (2) of Section
172-33 of the Juvenile Court Act of 1987. An independent basis
18exists when the allegations or adjudication of abuse, neglect,
19or dependency do not arise from the same facts, incident, or
20circumstances which give rise to a charge or adjudication of
21delinquency. The Department shall assign a caseworker to
22attend any hearing involving a youth in the care and custody of
23the Department who is placed on aftercare release, including
24hearings involving sanctions for violation of aftercare
25release conditions and aftercare release revocation hearings.
26    As soon as is possible after August 7, 2009 (the effective

 

 

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1date of Public Act 96-134), the Department shall develop and
2implement a special program of family preservation services to
3support intact, foster, and adoptive families who are
4experiencing extreme hardships due to the difficulty and
5stress of caring for a child who has been diagnosed with a
6pervasive developmental disorder if the Department determines
7that those services are necessary to ensure the health and
8safety of the child. The Department may offer services to any
9family whether or not a report has been filed under the Abused
10and Neglected Child Reporting Act. The Department may refer
11the child or family to services available from other agencies
12in the community if the conditions in the child's or family's
13home are reasonably likely to subject the child or family to
14future reports of suspected child abuse or neglect. Acceptance
15of these services shall be voluntary. The Department shall
16develop and implement a public information campaign to alert
17health and social service providers and the general public
18about these special family preservation services. The nature
19and scope of the services offered and the number of families
20served under the special program implemented under this
21paragraph shall be determined by the level of funding that the
22Department annually allocates for this purpose. The term
23"pervasive developmental disorder" under this paragraph means
24a neurological condition, including, but not limited to,
25Asperger's Syndrome and autism, as defined in the most recent
26edition of the Diagnostic and Statistical Manual of Mental

 

 

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1Disorders of the American Psychiatric Association.
2    (l-1) The legislature recognizes that the best interests
3of the child require that the child be placed in the most
4permanent living arrangement as soon as is practically
5possible. To achieve this goal, the legislature directs the
6Department of Children and Family Services to conduct
7concurrent planning so that permanency may occur at the
8earliest opportunity. Permanent living arrangements may
9include prevention of placement of a child outside the home of
10the family when the child can be cared for at home without
11endangering the child's health or safety; reunification with
12the family, when safe and appropriate, if temporary placement
13is necessary; or movement of the child toward the most
14permanent living arrangement and permanent legal status.
15    When determining reasonable efforts to be made with
16respect to a child, as described in this subsection, and in
17making such reasonable efforts, the child's health and safety
18shall be the paramount concern.
19    When a child is placed in foster care, the Department
20shall ensure and document that reasonable efforts were made to
21prevent or eliminate the need to remove the child from the
22child's home. The Department must make reasonable efforts to
23reunify the family when temporary placement of the child
24occurs unless otherwise required, pursuant to the Juvenile
25Court Act of 1987. At any time after the dispositional hearing
26where the Department believes that further reunification

 

 

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1services would be ineffective, it may request a finding from
2the court that reasonable efforts are no longer appropriate.
3The Department is not required to provide further
4reunification services after such a finding.
5    A decision to place a child in substitute care shall be
6made with considerations of the child's health, safety, and
7best interests. At the time of placement, consideration should
8also be given so that if reunification fails or is delayed, the
9placement made is the best available placement to provide
10permanency for the child.
11    The Department shall adopt rules addressing concurrent
12planning for reunification and permanency. The Department
13shall consider the following factors when determining
14appropriateness of concurrent planning:
15        (1) the likelihood of prompt reunification;
16        (2) the past history of the family;
17        (3) the barriers to reunification being addressed by
18    the family;
19        (4) the level of cooperation of the family;
20        (5) the foster parents' willingness to work with the
21    family to reunite;
22        (6) the willingness and ability of the foster family
23    to provide an adoptive home or long-term placement;
24        (7) the age of the child;
25        (8) placement of siblings.
26    (m) The Department may assume temporary custody of any

 

 

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1child if:
2        (1) it has received a written consent to such
3    temporary custody signed by the parents of the child or by
4    the parent having custody of the child if the parents are
5    not living together or by the guardian or custodian of the
6    child if the child is not in the custody of either parent,
7    or
8        (2) the child is found in the State and neither a
9    parent, guardian nor custodian of the child can be
10    located.
11If the child is found in his or her residence without a parent,
12guardian, custodian, or responsible caretaker, the Department
13may, instead of removing the child and assuming temporary
14custody, place an authorized representative of the Department
15in that residence until such time as a parent, guardian, or
16custodian enters the home and expresses a willingness and
17apparent ability to ensure the child's health and safety and
18resume permanent charge of the child, or until a relative
19enters the home and is willing and able to ensure the child's
20health and safety and assume charge of the child until a
21parent, guardian, or custodian enters the home and expresses
22such willingness and ability to ensure the child's safety and
23resume permanent charge. After a caretaker has remained in the
24home for a period not to exceed 12 hours, the Department must
25follow those procedures outlined in Section 2-9, 3-11, 4-8, or
265-415 of the Juvenile Court Act of 1987.

 

 

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1    The Department shall have the authority, responsibilities
2and duties that a legal custodian of the child would have
3pursuant to subsection (9) of Section 1-3 of the Juvenile
4Court Act of 1987. Whenever a child is taken into temporary
5custody pursuant to an investigation under the Abused and
6Neglected Child Reporting Act, or pursuant to a referral and
7acceptance under the Juvenile Court Act of 1987 of a minor in
8limited custody, the Department, during the period of
9temporary custody and before the child is brought before a
10judicial officer as required by Section 2-9, 3-11, 4-8, or
115-415 of the Juvenile Court Act of 1987, shall have the
12authority, responsibilities and duties that a legal custodian
13of the child would have under subsection (9) of Section 1-3 of
14the Juvenile Court Act of 1987.
15    The Department shall ensure that any child taken into
16custody is scheduled for an appointment for a medical
17examination.
18    A parent, guardian, or custodian of a child in the
19temporary custody of the Department who would have custody of
20the child if he were not in the temporary custody of the
21Department may deliver to the Department a signed request that
22the Department surrender the temporary custody of the child.
23The Department may retain temporary custody of the child for
2410 days after the receipt of the request, during which period
25the Department may cause to be filed a petition pursuant to the
26Juvenile Court Act of 1987. If a petition is so filed, the

 

 

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1Department shall retain temporary custody of the child until
2the court orders otherwise. If a petition is not filed within
3the 10-day period, the child shall be surrendered to the
4custody of the requesting parent, guardian, or custodian not
5later than the expiration of the 10-day period, at which time
6the authority and duties of the Department with respect to the
7temporary custody of the child shall terminate.
8    (m-1) The Department may place children under 18 years of
9age in a secure child care facility licensed by the Department
10that cares for children who are in need of secure living
11arrangements for their health, safety, and well-being after a
12determination is made by the facility director and the
13Director or the Director's designate prior to admission to the
14facility subject to Section 2-27.1 of the Juvenile Court Act
15of 1987. This subsection (m-1) does not apply to a child who is
16subject to placement in a correctional facility operated
17pursuant to Section 3-15-2 of the Unified Code of Corrections,
18unless the child is a youth in care who was placed in the care
19of the Department before being subject to placement in a
20correctional facility and a court of competent jurisdiction
21has ordered placement of the child in a secure care facility.
22    (n) The Department may place children under 18 years of
23age in licensed child care facilities when in the opinion of
24the Department, appropriate services aimed at family
25preservation have been unsuccessful and cannot ensure the
26child's health and safety or are unavailable and such

 

 

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1placement would be for their best interest. Payment for board,
2clothing, care, training and supervision of any child placed
3in a licensed child care facility may be made by the
4Department, by the parents or guardians of the estates of
5those children, or by both the Department and the parents or
6guardians, except that no payments shall be made by the
7Department for any child placed in a licensed child care
8facility for board, clothing, care, training and supervision
9of such a child that exceed the average per capita cost of
10maintaining and of caring for a child in institutions for
11dependent or neglected children operated by the Department.
12However, such restriction on payments does not apply in cases
13where children require specialized care and treatment for
14problems of severe emotional disturbance, physical disability,
15social adjustment, or any combination thereof and suitable
16facilities for the placement of such children are not
17available at payment rates within the limitations set forth in
18this Section. All reimbursements for services delivered shall
19be absolutely inalienable by assignment, sale, attachment, or
20garnishment or otherwise.
21    (n-1) The Department shall provide or authorize child
22welfare services, aimed at assisting minors to achieve
23sustainable self-sufficiency as independent adults, for any
24minor eligible for the reinstatement of wardship pursuant to
25subsection (2) of Section 2-33 of the Juvenile Court Act of
261987, whether or not such reinstatement is sought or allowed,

 

 

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1provided that the minor consents to such services and has not
2yet attained the age of 21. The Department shall have
3responsibility for the development and delivery of services
4under this Section. An eligible youth may access services
5under this Section through the Department of Children and
6Family Services or by referral from the Department of Human
7Services. Youth participating in services under this Section
8shall cooperate with the assigned case manager in developing
9an agreement identifying the services to be provided and how
10the youth will increase skills to achieve self-sufficiency. A
11homeless shelter is not considered appropriate housing for any
12youth receiving child welfare services under this Section. The
13Department shall continue child welfare services under this
14Section to any eligible minor until the minor becomes 21 years
15of age, no longer consents to participate, or achieves
16self-sufficiency as identified in the minor's service plan.
17The Department of Children and Family Services shall create
18clear, readable notice of the rights of former foster youth to
19child welfare services under this Section and how such
20services may be obtained. The Department of Children and
21Family Services and the Department of Human Services shall
22disseminate this information statewide. The Department shall
23adopt regulations describing services intended to assist
24minors in achieving sustainable self-sufficiency as
25independent adults.
26    (o) The Department shall establish an administrative

 

 

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1review and appeal process for children and families who
2request or receive child welfare services from the Department.
3Youth in care who are placed by private child welfare
4agencies, and foster families with whom those youth are
5placed, shall be afforded the same procedural and appeal
6rights as children and families in the case of placement by the
7Department, including the right to an initial review of a
8private agency decision by that agency. The Department shall
9ensure that any private child welfare agency, which accepts
10youth in care for placement, affords those rights to children
11and foster families. The Department shall accept for
12administrative review and an appeal hearing a complaint made
13by (i) a child or foster family concerning a decision
14following an initial review by a private child welfare agency
15or (ii) a prospective adoptive parent who alleges a violation
16of subsection (j-5) of this Section. An appeal of a decision
17concerning a change in the placement of a child shall be
18conducted in an expedited manner. A court determination that a
19current foster home placement is necessary and appropriate
20under Section 2-28 of the Juvenile Court Act of 1987 does not
21constitute a judicial determination on the merits of an
22administrative appeal, filed by a former foster parent,
23involving a change of placement decision.
24    (p) (Blank).
25    (q) The Department may receive and use, in their entirety,
26for the benefit of children any gift, donation, or bequest of

 

 

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1money or other property which is received on behalf of such
2children, or any financial benefits to which such children are
3or may become entitled while under the jurisdiction or care of
4the Department.
5    The Department shall set up and administer no-cost,
6interest-bearing accounts in appropriate financial
7institutions for children for whom the Department is legally
8responsible and who have been determined eligible for
9Veterans' Benefits, Social Security benefits, assistance
10allotments from the armed forces, court ordered payments,
11parental voluntary payments, Supplemental Security Income,
12Railroad Retirement payments, Black Lung benefits, or other
13miscellaneous payments. Interest earned by each account shall
14be credited to the account, unless disbursed in accordance
15with this subsection.
16    In disbursing funds from children's accounts, the
17Department shall:
18        (1) Establish standards in accordance with State and
19    federal laws for disbursing money from children's
20    accounts. In all circumstances, the Department's
21    "Guardianship Administrator" or his or her designee must
22    approve disbursements from children's accounts. The
23    Department shall be responsible for keeping complete
24    records of all disbursements for each account for any
25    purpose.
26        (2) Calculate on a monthly basis the amounts paid from

 

 

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1    State funds for the child's board and care, medical care
2    not covered under Medicaid, and social services; and
3    utilize funds from the child's account, as covered by
4    regulation, to reimburse those costs. Monthly,
5    disbursements from all children's accounts, up to 1/12 of
6    $13,000,000, shall be deposited by the Department into the
7    General Revenue Fund and the balance over 1/12 of
8    $13,000,000 into the DCFS Children's Services Fund.
9        (3) Maintain any balance remaining after reimbursing
10    for the child's costs of care, as specified in item (2).
11    The balance shall accumulate in accordance with relevant
12    State and federal laws and shall be disbursed to the child
13    or his or her guardian, or to the issuing agency.
14    (r) The Department shall promulgate regulations
15encouraging all adoption agencies to voluntarily forward to
16the Department or its agent names and addresses of all persons
17who have applied for and have been approved for adoption of a
18hard-to-place child or child with a disability and the names
19of such children who have not been placed for adoption. A list
20of such names and addresses shall be maintained by the
21Department or its agent, and coded lists which maintain the
22confidentiality of the person seeking to adopt the child and
23of the child shall be made available, without charge, to every
24adoption agency in the State to assist the agencies in placing
25such children for adoption. The Department may delegate to an
26agent its duty to maintain and make available such lists. The

 

 

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1Department shall ensure that such agent maintains the
2confidentiality of the person seeking to adopt the child and
3of the child.
4    (s) The Department of Children and Family Services may
5establish and implement a program to reimburse Department and
6private child welfare agency foster parents licensed by the
7Department of Children and Family Services for damages
8sustained by the foster parents as a result of the malicious or
9negligent acts of foster children, as well as providing third
10party coverage for such foster parents with regard to actions
11of foster children to other individuals. Such coverage will be
12secondary to the foster parent liability insurance policy, if
13applicable. The program shall be funded through appropriations
14from the General Revenue Fund, specifically designated for
15such purposes.
16    (t) The Department shall perform home studies and
17investigations and shall exercise supervision over visitation
18as ordered by a court pursuant to the Illinois Marriage and
19Dissolution of Marriage Act or the Adoption Act only if:
20        (1) an order entered by an Illinois court specifically
21    directs the Department to perform such services; and
22        (2) the court has ordered one or both of the parties to
23    the proceeding to reimburse the Department for its
24    reasonable costs for providing such services in accordance
25    with Department rules, or has determined that neither
26    party is financially able to pay.

 

 

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1    The Department shall provide written notification to the
2court of the specific arrangements for supervised visitation
3and projected monthly costs within 60 days of the court order.
4The Department shall send to the court information related to
5the costs incurred except in cases where the court has
6determined the parties are financially unable to pay. The
7court may order additional periodic reports as appropriate.
8    (u) In addition to other information that must be
9provided, whenever the Department places a child with a
10prospective adoptive parent or parents, or in a licensed
11foster home, group home, or child care institution, or in a
12relative home, the Department shall provide to the prospective
13adoptive parent or parents or other caretaker:
14        (1) available detailed information concerning the
15    child's educational and health history, copies of
16    immunization records (including insurance and medical card
17    information), a history of the child's previous
18    placements, if any, and reasons for placement changes
19    excluding any information that identifies or reveals the
20    location of any previous caretaker;
21        (2) a copy of the child's portion of the client
22    service plan, including any visitation arrangement, and
23    all amendments or revisions to it as related to the child;
24    and
25        (3) information containing details of the child's
26    individualized educational plan when the child is

 

 

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1    receiving special education services.
2    The caretaker shall be informed of any known social or
3behavioral information (including, but not limited to,
4criminal background, fire setting, perpetuation of sexual
5abuse, destructive behavior, and substance abuse) necessary to
6care for and safeguard the children to be placed or currently
7in the home. The Department may prepare a written summary of
8the information required by this paragraph, which may be
9provided to the foster or prospective adoptive parent in
10advance of a placement. The foster or prospective adoptive
11parent may review the supporting documents in the child's file
12in the presence of casework staff. In the case of an emergency
13placement, casework staff shall at least provide known
14information verbally, if necessary, and must subsequently
15provide the information in writing as required by this
16subsection.
17    The information described in this subsection shall be
18provided in writing. In the case of emergency placements when
19time does not allow prior review, preparation, and collection
20of written information, the Department shall provide such
21information as it becomes available. Within 10 business days
22after placement, the Department shall obtain from the
23prospective adoptive parent or parents or other caretaker a
24signed verification of receipt of the information provided.
25Within 10 business days after placement, the Department shall
26provide to the child's guardian ad litem a copy of the

 

 

HB3655- 159 -LRB102 16922 WGH 22334 b

1information provided to the prospective adoptive parent or
2parents or other caretaker. The information provided to the
3prospective adoptive parent or parents or other caretaker
4shall be reviewed and approved regarding accuracy at the
5supervisory level.
6    (u-5) Effective July 1, 1995, only foster care placements
7licensed as foster family homes pursuant to the Child Care Act
8of 1969 shall be eligible to receive foster care payments from
9the Department. Relative caregivers who, as of July 1, 1995,
10were approved pursuant to approved relative placement rules
11previously promulgated by the Department at 89 Ill. Adm. Code
12335 and had submitted an application for licensure as a foster
13family home may continue to receive foster care payments only
14until the Department determines that they may be licensed as a
15foster family home or that their application for licensure is
16denied or until September 30, 1995, whichever occurs first.
17    (v) The Department shall access criminal history record
18information as defined in the Illinois Uniform Conviction
19Information Act and information maintained in the adjudicatory
20and dispositional record system as defined in Section 2605-355
21of the Illinois Department of State Police Law (20 ILCS
222605/2605-355) if the Department determines the information is
23necessary to perform its duties under the Abused and Neglected
24Child Reporting Act, the Child Care Act of 1969, and the
25Children and Family Services Act. The Department shall provide
26for interactive computerized communication and processing

 

 

HB3655- 160 -LRB102 16922 WGH 22334 b

1equipment that permits direct on-line communication with the
2Illinois Department of State Police's central criminal history
3data repository. The Department shall comply with all
4certification requirements and provide certified operators who
5have been trained by personnel from the Illinois Department of
6State Police. In addition, one Office of the Inspector General
7investigator shall have training in the use of the criminal
8history information access system and have access to the
9terminal. The Department of Children and Family Services and
10its employees shall abide by rules and regulations established
11by the Illinois Department of State Police relating to the
12access and dissemination of this information.
13    (v-1) Prior to final approval for placement of a child,
14the Department shall conduct a criminal records background
15check of the prospective foster or adoptive parent, including
16fingerprint-based checks of national crime information
17databases. Final approval for placement shall not be granted
18if the record check reveals a felony conviction for child
19abuse or neglect, for spousal abuse, for a crime against
20children, or for a crime involving violence, including rape,
21sexual assault, or homicide, but not including other physical
22assault or battery, or if there is a felony conviction for
23physical assault, battery, or a drug-related offense committed
24within the past 5 years.
25    (v-2) Prior to final approval for placement of a child,
26the Department shall check its child abuse and neglect

 

 

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1registry for information concerning prospective foster and
2adoptive parents, and any adult living in the home. If any
3prospective foster or adoptive parent or other adult living in
4the home has resided in another state in the preceding 5 years,
5the Department shall request a check of that other state's
6child abuse and neglect registry.
7    (w) Within 120 days of August 20, 1995 (the effective date
8of Public Act 89-392), the Department shall prepare and submit
9to the Governor and the General Assembly, a written plan for
10the development of in-state licensed secure child care
11facilities that care for children who are in need of secure
12living arrangements for their health, safety, and well-being.
13For purposes of this subsection, secure care facility shall
14mean a facility that is designed and operated to ensure that
15all entrances and exits from the facility, a building or a
16distinct part of the building, are under the exclusive control
17of the staff of the facility, whether or not the child has the
18freedom of movement within the perimeter of the facility,
19building, or distinct part of the building. The plan shall
20include descriptions of the types of facilities that are
21needed in Illinois; the cost of developing these secure care
22facilities; the estimated number of placements; the potential
23cost savings resulting from the movement of children currently
24out-of-state who are projected to be returned to Illinois; the
25necessary geographic distribution of these facilities in
26Illinois; and a proposed timetable for development of such

 

 

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1facilities.
2    (x) The Department shall conduct annual credit history
3checks to determine the financial history of children placed
4under its guardianship pursuant to the Juvenile Court Act of
51987. The Department shall conduct such credit checks starting
6when a youth in care turns 12 years old and each year
7thereafter for the duration of the guardianship as terminated
8pursuant to the Juvenile Court Act of 1987. The Department
9shall determine if financial exploitation of the child's
10personal information has occurred. If financial exploitation
11appears to have taken place or is presently ongoing, the
12Department shall notify the proper law enforcement agency, the
13proper State's Attorney, or the Attorney General.
14    (y) Beginning on July 22, 2010 (the effective date of
15Public Act 96-1189), a child with a disability who receives
16residential and educational services from the Department shall
17be eligible to receive transition services in accordance with
18Article 14 of the School Code from the age of 14.5 through age
1921, inclusive, notwithstanding the child's residential
20services arrangement. For purposes of this subsection, "child
21with a disability" means a child with a disability as defined
22by the federal Individuals with Disabilities Education
23Improvement Act of 2004.
24    (z) The Department shall access criminal history record
25information as defined as "background information" in this
26subsection and criminal history record information as defined

 

 

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1in the Illinois Uniform Conviction Information Act for each
2Department employee or Department applicant. Each Department
3employee or Department applicant shall submit his or her
4fingerprints to the Illinois Department of State Police in the
5form and manner prescribed by the Illinois Department of State
6Police. These fingerprints shall be checked against the
7fingerprint records now and hereafter filed in the Illinois
8Department of State Police and the Federal Bureau of
9Investigation criminal history records databases. The Illinois
10Department of State Police shall charge a fee for conducting
11the criminal history record check, which shall be deposited
12into the State Police Services Fund and shall not exceed the
13actual cost of the record check. The Illinois Department of
14State Police shall furnish, pursuant to positive
15identification, all Illinois conviction information to the
16Department of Children and Family Services.
17    For purposes of this subsection:
18    "Background information" means all of the following:
19        (i) Upon the request of the Department of Children and
20    Family Services, conviction information obtained from the
21    Illinois Department of State Police as a result of a
22    fingerprint-based criminal history records check of the
23    Illinois criminal history records database and the Federal
24    Bureau of Investigation criminal history records database
25    concerning a Department employee or Department applicant.
26        (ii) Information obtained by the Department of

 

 

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1    Children and Family Services after performing a check of
2    the Illinois Department of State Police's Sex Offender
3    Database, as authorized by Section 120 of the Sex Offender
4    Community Notification Law, concerning a Department
5    employee or Department applicant.
6        (iii) Information obtained by the Department of
7    Children and Family Services after performing a check of
8    the Child Abuse and Neglect Tracking System (CANTS)
9    operated and maintained by the Department.
10    "Department employee" means a full-time or temporary
11employee coded or certified within the State of Illinois
12Personnel System.
13    "Department applicant" means an individual who has
14conditional Department full-time or part-time work, a
15contractor, an individual used to replace or supplement staff,
16an academic intern, a volunteer in Department offices or on
17Department contracts, a work-study student, an individual or
18entity licensed by the Department, or an unlicensed service
19provider who works as a condition of a contract or an agreement
20and whose work may bring the unlicensed service provider into
21contact with Department clients or client records.
22(Source: P.A. 100-159, eff. 8-18-17; 100-522, eff. 9-22-17;
23100-759, eff. 1-1-19; 100-863, eff. 8-14-18; 100-978, eff.
248-19-18; 101-13, eff. 6-12-19; 101-79, eff. 7-12-19; 101-81,
25eff. 7-12-19; revised 8-1-19.)
 

 

 

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1    (20 ILCS 505/35.5)
2    Sec. 35.5. Inspector General.
3    (a) The Governor shall appoint, and the Senate shall
4confirm, an Inspector General who shall have the authority to
5conduct investigations into allegations of or incidents of
6possible misconduct, misfeasance, malfeasance, or violations
7of rules, procedures, or laws by any employee, foster parent,
8service provider, or contractor of the Department of Children
9and Family Services, except for allegations of violations of
10the State Officials and Employees Ethics Act which shall be
11referred to the Office of the Governor's Executive Inspector
12General for investigation. The Inspector General shall make
13recommendations to the Director of Children and Family
14Services concerning sanctions or disciplinary actions against
15Department employees or providers of service under contract to
16the Department. The Director of Children and Family Services
17shall provide the Inspector General with an implementation
18report on the status of any corrective actions taken on
19recommendations under review and shall continue sending
20updated reports until the corrective action is completed. The
21Director shall provide a written response to the Inspector
22General indicating the status of any sanctions or disciplinary
23actions against employees or providers of service involving
24any investigation subject to review. In any case, information
25included in the reports to the Inspector General and
26Department responses shall be subject to the public disclosure

 

 

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1requirements of the Abused and Neglected Child Reporting Act.
2Any investigation conducted by the Inspector General shall be
3independent and separate from the investigation mandated by
4the Abused and Neglected Child Reporting Act. The Inspector
5General shall be appointed for a term of 4 years. The Inspector
6General shall function independently within the Department of
7Children and Family Services with respect to the operations of
8the Office of Inspector General, including the performance of
9investigations and issuance of findings and recommendations,
10and shall report to the Director of Children and Family
11Services and the Governor and perform other duties the
12Director may designate. The Inspector General shall adopt
13rules as necessary to carry out the functions, purposes, and
14duties of the office of Inspector General in the Department of
15Children and Family Services, in accordance with the Illinois
16Administrative Procedure Act and any other applicable law.
17    (b) The Inspector General shall have access to all
18information and personnel necessary to perform the duties of
19the office. To minimize duplication of efforts, and to assure
20consistency and conformance with the requirements and
21procedures established in the B.H. v. Suter consent decree and
22to share resources when appropriate, the Inspector General
23shall coordinate his or her activities with the Bureau of
24Quality Assurance within the Department.
25    (c) The Inspector General shall be the primary liaison
26between the Department and the Illinois Department of State

 

 

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1Police with regard to investigations conducted under the
2Inspector General's auspices. If the Inspector General
3determines that a possible criminal act has been committed, or
4that special expertise is required in the investigation, he or
5she shall immediately notify the Illinois Department of State
6Police. All investigations conducted by the Inspector General
7shall be conducted in a manner designed to ensure the
8preservation of evidence for possible use in a criminal
9prosecution.
10    (d) The Inspector General may recommend to the Department
11of Children and Family Services, the Department of Public
12Health, or any other appropriate agency, sanctions to be
13imposed against service providers under the jurisdiction of or
14under contract with the Department for the protection of
15children in the custody or under the guardianship of the
16Department who received services from those providers. The
17Inspector General may seek the assistance of the Attorney
18General or any of the several State's Attorneys in imposing
19sanctions.
20    (e) The Inspector General shall at all times be granted
21access to any foster home, facility, or program operated for
22or licensed or funded by the Department.
23    (f) Nothing in this Section shall limit investigations by
24the Department of Children and Family Services that may
25otherwise be required by law or that may be necessary in that
26Department's capacity as the central administrative authority

 

 

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1for child welfare.
2    (g) The Inspector General shall have the power to subpoena
3witnesses and compel the production of books and papers
4pertinent to an investigation authorized by this Act. The
5power to subpoena or to compel the production of books and
6papers, however, shall not extend to the person or documents
7of a labor organization or its representatives insofar as the
8person or documents of a labor organization relate to the
9function of representing an employee subject to investigation
10under this Act. Any person who fails to appear in response to a
11subpoena or to answer any question or produce any books or
12papers pertinent to an investigation under this Act, except as
13otherwise provided in this Section, or who knowingly gives
14false testimony in relation to an investigation under this Act
15is guilty of a Class A misdemeanor.
16    (h) The Inspector General shall provide to the General
17Assembly and the Governor, no later than January 1 of each
18year, a summary of reports and investigations made under this
19Section for the prior fiscal year. The summaries shall detail
20the imposition of sanctions and the final disposition of those
21recommendations. The summaries shall not contain any
22confidential or identifying information concerning the
23subjects of the reports and investigations. The summaries also
24shall include detailed recommended administrative actions and
25matters for consideration by the General Assembly.
26(Source: P.A. 95-527, eff. 6-1-08; 96-555, eff. 8-18-09.)
 

 

 

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1    (20 ILCS 505/35.6)
2    Sec. 35.6. State-wide toll-free telephone number.
3    (a) There shall be a State-wide, toll-free telephone
4number for any person, whether or not mandated by law, to
5report to the Inspector General of the Department, suspected
6misconduct, malfeasance, misfeasance, or violations of rules,
7procedures, or laws by Department employees, service
8providers, or contractors that is detrimental to the best
9interest of children receiving care, services, or training
10from or who were committed to the Department as allowed under
11Section 5 of this Act. Immediately upon receipt of a telephone
12call regarding suspected abuse or neglect of children, the
13Inspector General shall refer the call to the Child Abuse and
14Neglect Hotline or to the Illinois State Police as mandated by
15the Abused and Neglected Child Reporting Act and Section 35.5
16of this Act. A mandated reporter shall not be relieved of his
17or her duty to report incidents to the Child Abuse and Neglect
18Hotline referred to in this subsection. The Inspector General
19shall also establish rules and procedures for evaluating
20reports of suspected misconduct and violation of rules and for
21conducting an investigation of such reports.
22    (b) The Inspector General shall prepare and maintain
23written records from the reporting source that shall contain
24the following information to the extent known at the time the
25report is made: (1) the names and addresses of the child and

 

 

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1the person responsible for the child's welfare; (2) the nature
2of the misconduct and the detriment cause to the child's best
3interest; (3) the names of the persons or agencies responsible
4for the alleged misconduct. Any investigation conducted by the
5Inspector General pursuant to such information shall not
6duplicate and shall be separate from the investigation
7mandated by the Abused and Neglected Child Reporting Act.
8However, the Inspector General may include the results of such
9investigation in reports compiled under this Section. At the
10request of the reporting agent, the Inspector General shall
11keep the identity of the reporting agent strictly confidential
12from the operation of the Department, until the Inspector
13General shall determine what recommendations shall be made
14with regard to discipline or sanction of the Department
15employee, service provider, or contractor, with the exception
16of suspected child abuse or neglect which shall be handled
17consistent with the Abused and Neglected Child Reporting Act
18and Section 35.5 of this Act. The Department shall take
19whatever steps are necessary to assure that a person making a
20report in good faith under this Section is not adversely
21affected solely on the basis of having made such report.
22(Source: P.A. 92-334, eff. 8-10-01.)
 
23    Section 130. The Department of Children and Family
24Services Powers Law of the Civil Administrative Code of
25Illinois is amended by changing Section 510-100 as follows:
 

 

 

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1    (20 ILCS 510/510-100)  (was 20 ILCS 510/65.8)
2    Sec. 510-100. Criminal history record information.
3Whenever the Department is authorized or required by law to
4consider some aspect of criminal history record information
5for the purpose of carrying out its statutory powers and
6responsibilities, then, upon request and payment of fees in
7conformance with the requirements of Section 2605-400 of the
8Illinois Department of State Police Law (20 ILCS
92605/2605-400), the Illinois Department of State Police is
10authorized to furnish, pursuant to positive identification,
11the information contained in State files that is necessary to
12fulfill the request.
13(Source: P.A. 91-239, eff. 1-1-00.)
 
14    Section 135. The Child Death Review Team Act is amended by
15changing Section 15 as follows:
 
16    (20 ILCS 515/15)
17    Sec. 15. Child death review teams; establishment.
18    (a) The Inspector General of the Department, in
19consultation and cooperation with the Executive Council, law
20enforcement, and other professionals who work in the field of
21investigating, treating, or preventing child abuse or neglect
22in that subregion, shall appoint members to a child death
23review team in each of the Department's administrative

 

 

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1subregions of the State outside Cook County and at least one
2child death review team in Cook County. The members of a team
3shall be appointed for 2-year terms and shall be eligible for
4reappointment upon the expiration of the terms. The Inspector
5General of the Department must fill any vacancy in a team
6within 60 days after that vacancy occurs.
7    (b) Each child death review team shall consist of at least
8one member from each of the following categories:
9        (1) Pediatrician or other physician knowledgeable
10    about child abuse and neglect.
11        (2) Representative of the Department.
12        (3) State's attorney or State's attorney's
13    representative.
14        (4) Representative of a local law enforcement agency.
15        (5) Psychologist or psychiatrist.
16        (6) Representative of a local health department.
17        (7) Representative of a school district or other
18    education or child care interests.
19        (8) Coroner or forensic pathologist.
20        (9) Representative of a child welfare agency or child
21    advocacy organization.
22        (10) Representative of a local hospital, trauma
23    center, or provider of emergency medical services.
24        (11) Representative of the Illinois Department of
25    State Police.
26        (12) Representative of the Department of Public

 

 

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1    Health.
2    Each child death review team may make recommendations to
3the Inspector General of the Department concerning additional
4appointments. In the event of a disagreement, the Executive
5Council's decision shall control.
6    Each child death review team member must have demonstrated
7experience and an interest in investigating, treating, or
8preventing child abuse or neglect.
9    (c) Each child death review team shall select a
10chairperson and vice-chairperson from among its members. The
11chairperson shall also serve on the Illinois Child Death
12Review Teams Executive Council. The vice-chairperson may also
13serve on the Illinois Child Death Review Teams Executive
14Council, but shall not have a vote on child death review team
15business unless the chairperson is unable to attend a meeting.
16    (d) The child death review teams shall be funded under a
17separate line item in the Department's annual budget.
18    (e) The Department shall provide at least one full-time
19Statewide Department of Children and Family Services Liaison
20who shall attend all child death review team meetings, all
21Executive meetings, all Executive Council meetings, and
22meetings between the Director and the Executive Council.
23(Source: P.A. 100-397, eff. 1-1-18; 100-1122, eff. 11-27-18.)
 
24    Section 140. The Financial Institutions Code is amended by
25changing Section 6 as follows:
 

 

 

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1    (20 ILCS 1205/6)  (from Ch. 17, par. 106)
2    Sec. 6. In addition to the duties imposed elsewhere in
3this Act, the Department has the following powers:
4    (1) To exercise the rights, powers and duties vested by
5law in the Auditor of Public Accounts under "An Act to provide
6for the incorporation, management and regulation of pawners'
7societies and limiting the rate of compensation to be paid for
8advances, storage and insurance on pawns and pledges and to
9allow the loaning of money upon personal property", approved
10March 29, 1899, as amended.
11    (2) To exercise the rights, powers and duties vested by
12law in the Auditor of Public Accounts under "An Act in relation
13to the definition, licensing and regulation of community
14currency exchanges and ambulatory currency exchanges, and the
15operators and employees thereof, and to make an appropriation
16therefor, and to provide penalties and remedies for the
17violation thereof", approved June 30, 1943, as amended.
18    (3) To exercise the rights, powers, and duties vested by
19law in the Auditor of Public Accounts under "An Act in relation
20to the buying and selling of foreign exchange and the
21transmission or transfer of money to foreign countries",
22approved June 28, 1923, as amended.
23    (4) To exercise the rights, powers, and duties vested by
24law in the Auditor of Public Accounts under "An Act to provide
25for and regulate the business of guaranteeing titles to real

 

 

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1estate by corporations", approved May 13, 1901, as amended.
2    (5) To exercise the rights, powers and duties vested by
3law in the Department of Insurance under "An Act to define,
4license, and regulate the business of making loans of eight
5hundred dollars or less, permitting an interest charge thereon
6greater than otherwise allowed by law, authorizing and
7regulating the assignment of wages or salary when taken as
8security for any such loan or as consideration for a payment of
9eight hundred dollars or less, providing penalties, and to
10repeal Acts therein named", approved July 11, 1935, as
11amended.
12    (6) To administer and enforce "An Act to license and
13regulate the keeping and letting of safety deposit boxes,
14safes, and vaults, and the opening thereof, and to repeal a
15certain Act therein named", approved June 13, 1945, as
16amended.
17    (7) Whenever the Department is authorized or required by
18law to consider some aspect of criminal history record
19information for the purpose of carrying out its statutory
20powers and responsibilities, then, upon request and payment of
21fees in conformance with the requirements of Section 2605-400
22of the Illinois Department of State Police Law (20 ILCS
232605/2605-400), the Illinois Department of State Police is
24authorized to furnish, pursuant to positive identification,
25such information contained in State files as is necessary to
26fulfill the request.

 

 

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1    (8) To administer the Payday Loan Reform Act.
2(Source: P.A. 94-13, eff. 12-6-05.)
 
3    Section 145. The Department of Human Services Act is
4amended by changing Section 1-17 as follows:
 
5    (20 ILCS 1305/1-17)
6    Sec. 1-17. Inspector General.
7    (a) Nature and purpose. It is the express intent of the
8General Assembly to ensure the health, safety, and financial
9condition of individuals receiving services in this State due
10to mental illness, developmental disability, or both by
11protecting those persons from acts of abuse, neglect, or both
12by service providers. To that end, the Office of the Inspector
13General for the Department of Human Services is created to
14investigate and report upon allegations of the abuse, neglect,
15or financial exploitation of individuals receiving services
16within mental health facilities, developmental disabilities
17facilities, and community agencies operated, licensed, funded,
18or certified by the Department of Human Services, but not
19licensed or certified by any other State agency.
20    (b) Definitions. The following definitions apply to this
21Section:
22    "Adult student with a disability" means an adult student,
23age 18 through 21, inclusive, with an Individual Education
24Program, other than a resident of a facility licensed by the

 

 

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1Department of Children and Family Services in accordance with
2the Child Care Act of 1969. For purposes of this definition,
3"through age 21, inclusive", means through the day before the
4student's 22nd birthday.
5    "Agency" or "community agency" means (i) a community
6agency licensed, funded, or certified by the Department, but
7not licensed or certified by any other human services agency
8of the State, to provide mental health service or
9developmental disabilities service, or (ii) a program
10licensed, funded, or certified by the Department, but not
11licensed or certified by any other human services agency of
12the State, to provide mental health service or developmental
13disabilities service.
14    "Aggravating circumstance" means a factor that is
15attendant to a finding and that tends to compound or increase
16the culpability of the accused.
17    "Allegation" means an assertion, complaint, suspicion, or
18incident involving any of the following conduct by an
19employee, facility, or agency against an individual or
20individuals: mental abuse, physical abuse, sexual abuse,
21neglect, or financial exploitation.
22    "Day" means working day, unless otherwise specified.
23    "Deflection" means a situation in which an individual is
24presented for admission to a facility or agency, and the
25facility staff or agency staff do not admit the individual.
26"Deflection" includes triage, redirection, and denial of

 

 

HB3655- 178 -LRB102 16922 WGH 22334 b

1admission.
2    "Department" means the Department of Human Services.
3    "Developmental disability" means "developmental
4disability" as defined in the Mental Health and Developmental
5Disabilities Code.
6    "Egregious neglect" means a finding of neglect as
7determined by the Inspector General that (i) represents a
8gross failure to adequately provide for, or a callused
9indifference to, the health, safety, or medical needs of an
10individual and (ii) results in an individual's death or other
11serious deterioration of an individual's physical condition or
12mental condition.
13    "Employee" means any person who provides services at the
14facility or agency on-site or off-site. The service
15relationship can be with the individual or with the facility
16or agency. Also, "employee" includes any employee or
17contractual agent of the Department of Human Services or the
18community agency involved in providing or monitoring or
19administering mental health or developmental disability
20services. This includes but is not limited to: owners,
21operators, payroll personnel, contractors, subcontractors, and
22volunteers.
23    "Facility" or "State-operated facility" means a mental
24health facility or developmental disabilities facility
25operated by the Department.
26    "Financial exploitation" means taking unjust advantage of

 

 

HB3655- 179 -LRB102 16922 WGH 22334 b

1an individual's assets, property, or financial resources
2through deception, intimidation, or conversion for the
3employee's, facility's, or agency's own advantage or benefit.
4    "Finding" means the Office of Inspector General's
5determination regarding whether an allegation is
6substantiated, unsubstantiated, or unfounded.
7    "Health Care Worker Registry" or "Registry" means the
8Health Care Worker Registry under the Health Care Worker
9Background Check Act.
10    "Individual" means any person receiving mental health
11service, developmental disabilities service, or both from a
12facility or agency, while either on-site or off-site.
13    "Mental abuse" means the use of demeaning, intimidating,
14or threatening words, signs, gestures, or other actions by an
15employee about an individual and in the presence of an
16individual or individuals that results in emotional distress
17or maladaptive behavior, or could have resulted in emotional
18distress or maladaptive behavior, for any individual present.
19    "Mental illness" means "mental illness" as defined in the
20Mental Health and Developmental Disabilities Code.
21    "Mentally ill" means having a mental illness.
22    "Mitigating circumstance" means a condition that (i) is
23attendant to a finding, (ii) does not excuse or justify the
24conduct in question, but (iii) may be considered in evaluating
25the severity of the conduct, the culpability of the accused,
26or both the severity of the conduct and the culpability of the

 

 

HB3655- 180 -LRB102 16922 WGH 22334 b

1accused.
2    "Neglect" means an employee's, agency's, or facility's
3failure to provide adequate medical care, personal care, or
4maintenance and that, as a consequence, (i) causes an
5individual pain, injury, or emotional distress, (ii) results
6in either an individual's maladaptive behavior or the
7deterioration of an individual's physical condition or mental
8condition, or (iii) places the individual's health or safety
9at substantial risk.
10    "Person with a developmental disability" means a person
11having a developmental disability.
12    "Physical abuse" means an employee's non-accidental and
13inappropriate contact with an individual that causes bodily
14harm. "Physical abuse" includes actions that cause bodily harm
15as a result of an employee directing an individual or person to
16physically abuse another individual.
17    "Recommendation" means an admonition, separate from a
18finding, that requires action by the facility, agency, or
19Department to correct a systemic issue, problem, or deficiency
20identified during an investigation.
21    "Required reporter" means any employee who suspects,
22witnesses, or is informed of an allegation of any one or more
23of the following: mental abuse, physical abuse, sexual abuse,
24neglect, or financial exploitation.
25    "Secretary" means the Chief Administrative Officer of the
26Department.

 

 

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1    "Sexual abuse" means any sexual contact or intimate
2physical contact between an employee and an individual,
3including an employee's coercion or encouragement of an
4individual to engage in sexual behavior that results in sexual
5contact, intimate physical contact, sexual behavior, or
6intimate physical behavior. Sexual abuse also includes (i) an
7employee's actions that result in the sending or showing of
8sexually explicit images to an individual via computer,
9cellular phone, electronic mail, portable electronic device,
10or other media with or without contact with the individual or
11(ii) an employee's posting of sexually explicit images of an
12individual online or elsewhere whether or not there is contact
13with the individual.
14    "Sexually explicit images" includes, but is not limited
15to, any material which depicts nudity, sexual conduct, or
16sado-masochistic abuse, or which contains explicit and
17detailed verbal descriptions or narrative accounts of sexual
18excitement, sexual conduct, or sado-masochistic abuse.
19    "Substantiated" means there is a preponderance of the
20evidence to support the allegation.
21    "Unfounded" means there is no credible evidence to support
22the allegation.
23    "Unsubstantiated" means there is credible evidence, but
24less than a preponderance of evidence to support the
25allegation.
26    (c) Appointment. The Governor shall appoint, and the

 

 

HB3655- 182 -LRB102 16922 WGH 22334 b

1Senate shall confirm, an Inspector General. The Inspector
2General shall be appointed for a term of 4 years and shall
3function within the Department of Human Services and report to
4the Secretary and the Governor.
5    (d) Operation and appropriation. The Inspector General
6shall function independently within the Department with
7respect to the operations of the Office, including the
8performance of investigations and issuance of findings and
9recommendations. The appropriation for the Office of Inspector
10General shall be separate from the overall appropriation for
11the Department.
12    (e) Powers and duties. The Inspector General shall
13investigate reports of suspected mental abuse, physical abuse,
14sexual abuse, neglect, or financial exploitation of
15individuals in any mental health or developmental disabilities
16facility or agency and shall have authority to take immediate
17action to prevent any one or more of the following from
18happening to individuals under its jurisdiction: mental abuse,
19physical abuse, sexual abuse, neglect, or financial
20exploitation. Upon written request of an agency of this State,
21the Inspector General may assist another agency of the State
22in investigating reports of the abuse, neglect, or abuse and
23neglect of persons with mental illness, persons with
24developmental disabilities, or persons with both. To comply
25with the requirements of subsection (k) of this Section, the
26Inspector General shall also review all reportable deaths for

 

 

HB3655- 183 -LRB102 16922 WGH 22334 b

1which there is no allegation of abuse or neglect. Nothing in
2this Section shall preempt any duties of the Medical Review
3Board set forth in the Mental Health and Developmental
4Disabilities Code. The Inspector General shall have no
5authority to investigate alleged violations of the State
6Officials and Employees Ethics Act. Allegations of misconduct
7under the State Officials and Employees Ethics Act shall be
8referred to the Office of the Governor's Executive Inspector
9General for investigation.
10    (f) Limitations. The Inspector General shall not conduct
11an investigation within an agency or facility if that
12investigation would be redundant to or interfere with an
13investigation conducted by another State agency. The Inspector
14General shall have no supervision over, or involvement in, the
15routine programmatic, licensing, funding, or certification
16operations of the Department. Nothing in this subsection
17limits investigations by the Department that may otherwise be
18required by law or that may be necessary in the Department's
19capacity as central administrative authority responsible for
20the operation of the State's mental health and developmental
21disabilities facilities.
22    (g) Rulemaking authority. The Inspector General shall
23promulgate rules establishing minimum requirements for
24reporting allegations as well as for initiating, conducting,
25and completing investigations based upon the nature of the
26allegation or allegations. The rules shall clearly establish

 

 

HB3655- 184 -LRB102 16922 WGH 22334 b

1that if 2 or more State agencies could investigate an
2allegation, the Inspector General shall not conduct an
3investigation that would be redundant to, or interfere with,
4an investigation conducted by another State agency. The rules
5shall further clarify the method and circumstances under which
6the Office of Inspector General may interact with the
7licensing, funding, or certification units of the Department
8in preventing further occurrences of mental abuse, physical
9abuse, sexual abuse, neglect, egregious neglect, and financial
10exploitation.
11    (h) Training programs. The Inspector General shall (i)
12establish a comprehensive program to ensure that every person
13authorized to conduct investigations receives ongoing training
14relative to investigation techniques, communication skills,
15and the appropriate means of interacting with persons
16receiving treatment for mental illness, developmental
17disability, or both mental illness and developmental
18disability, and (ii) establish and conduct periodic training
19programs for facility and agency employees concerning the
20prevention and reporting of any one or more of the following:
21mental abuse, physical abuse, sexual abuse, neglect, egregious
22neglect, or financial exploitation. The Inspector General
23shall further ensure (i) every person authorized to conduct
24investigations at community agencies receives ongoing training
25in Title 59, Parts 115, 116, and 119 of the Illinois
26Administrative Code, and (ii) every person authorized to

 

 

HB3655- 185 -LRB102 16922 WGH 22334 b

1conduct investigations shall receive ongoing training in Title
259, Part 50 of the Illinois Administrative Code. Nothing in
3this Section shall be deemed to prevent the Office of
4Inspector General from conducting any other training as
5determined by the Inspector General to be necessary or
6helpful.
7    (i) Duty to cooperate.
8        (1) The Inspector General shall at all times be
9    granted access to any facility or agency for the purpose
10    of investigating any allegation, conducting unannounced
11    site visits, monitoring compliance with a written
12    response, or completing any other statutorily assigned
13    duty. The Inspector General shall conduct unannounced site
14    visits to each facility at least annually for the purpose
15    of reviewing and making recommendations on systemic issues
16    relative to preventing, reporting, investigating, and
17    responding to all of the following: mental abuse, physical
18    abuse, sexual abuse, neglect, egregious neglect, or
19    financial exploitation.
20        (2) Any employee who fails to cooperate with an Office
21    of the Inspector General investigation is in violation of
22    this Act. Failure to cooperate with an investigation
23    includes, but is not limited to, any one or more of the
24    following: (i) creating and transmitting a false report to
25    the Office of the Inspector General hotline, (ii)
26    providing false information to an Office of the Inspector

 

 

HB3655- 186 -LRB102 16922 WGH 22334 b

1    General Investigator during an investigation, (iii)
2    colluding with other employees to cover up evidence, (iv)
3    colluding with other employees to provide false
4    information to an Office of the Inspector General
5    investigator, (v) destroying evidence, (vi) withholding
6    evidence, or (vii) otherwise obstructing an Office of the
7    Inspector General investigation. Additionally, any
8    employee who, during an unannounced site visit or written
9    response compliance check, fails to cooperate with
10    requests from the Office of the Inspector General is in
11    violation of this Act.
12    (j) Subpoena powers. The Inspector General shall have the
13power to subpoena witnesses and compel the production of all
14documents and physical evidence relating to his or her
15investigations and any hearings authorized by this Act. This
16subpoena power shall not extend to persons or documents of a
17labor organization or its representatives insofar as the
18persons are acting in a representative capacity to an employee
19whose conduct is the subject of an investigation or the
20documents relate to that representation. Any person who
21otherwise fails to respond to a subpoena or who knowingly
22provides false information to the Office of the Inspector
23General by subpoena during an investigation is guilty of a
24Class A misdemeanor.
25    (k) Reporting allegations and deaths.
26        (1) Allegations. If an employee witnesses, is told of,

 

 

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1    or has reason to believe an incident of mental abuse,
2    physical abuse, sexual abuse, neglect, or financial
3    exploitation has occurred, the employee, agency, or
4    facility shall report the allegation by phone to the
5    Office of the Inspector General hotline according to the
6    agency's or facility's procedures, but in no event later
7    than 4 hours after the initial discovery of the incident,
8    allegation, or suspicion of any one or more of the
9    following: mental abuse, physical abuse, sexual abuse,
10    neglect, or financial exploitation. A required reporter as
11    defined in subsection (b) of this Section who knowingly or
12    intentionally fails to comply with these reporting
13    requirements is guilty of a Class A misdemeanor.
14        (2) Deaths. Absent an allegation, a required reporter
15    shall, within 24 hours after initial discovery, report by
16    phone to the Office of the Inspector General hotline each
17    of the following:
18            (i) Any death of an individual occurring within 14
19        calendar days after discharge or transfer of the
20        individual from a residential program or facility.
21            (ii) Any death of an individual occurring within
22        24 hours after deflection from a residential program
23        or facility.
24            (iii) Any other death of an individual occurring
25        at an agency or facility or at any Department-funded
26        site.

 

 

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1        (3) Retaliation. It is a violation of this Act for any
2    employee or administrator of an agency or facility to take
3    retaliatory action against an employee who acts in good
4    faith in conformance with his or her duties as a required
5    reporter.
6    (l) Reporting to law enforcement.
7        (1) Reporting criminal acts. Within 24 hours after
8    determining that there is credible evidence indicating
9    that a criminal act may have been committed or that
10    special expertise may be required in an investigation, the
11    Inspector General shall notify the Illinois Department of
12    State Police or other appropriate law enforcement
13    authority, or ensure that such notification is made. The
14    Illinois Department of State Police shall investigate any
15    report from a State-operated facility indicating a
16    possible murder, sexual assault, or other felony by an
17    employee. All investigations conducted by the Inspector
18    General shall be conducted in a manner designed to ensure
19    the preservation of evidence for possible use in a
20    criminal prosecution.
21        (2) Reporting allegations of adult students with
22    disabilities. Upon receipt of a reportable allegation
23    regarding an adult student with a disability, the
24    Department's Office of the Inspector General shall
25    determine whether the allegation meets the criteria for
26    the Domestic Abuse Program under the Abuse of Adults with

 

 

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1    Disabilities Intervention Act. If the allegation is
2    reportable to that program, the Office of the Inspector
3    General shall initiate an investigation. If the allegation
4    is not reportable to the Domestic Abuse Program, the
5    Office of the Inspector General shall make an expeditious
6    referral to the respective law enforcement entity. If the
7    alleged victim is already receiving services from the
8    Department, the Office of the Inspector General shall also
9    make a referral to the respective Department of Human
10    Services' Division or Bureau.
11    (m) Investigative reports. Upon completion of an
12investigation, the Office of Inspector General shall issue an
13investigative report identifying whether the allegations are
14substantiated, unsubstantiated, or unfounded. Within 10
15business days after the transmittal of a completed
16investigative report substantiating an allegation, finding an
17allegation is unsubstantiated, or if a recommendation is made,
18the Inspector General shall provide the investigative report
19on the case to the Secretary and to the director of the
20facility or agency where any one or more of the following
21occurred: mental abuse, physical abuse, sexual abuse, neglect,
22egregious neglect, or financial exploitation. The director of
23the facility or agency shall be responsible for maintaining
24the confidentiality of the investigative report consistent
25with State and federal law. In a substantiated case, the
26investigative report shall include any mitigating or

 

 

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1aggravating circumstances that were identified during the
2investigation. If the case involves substantiated neglect, the
3investigative report shall also state whether egregious
4neglect was found. An investigative report may also set forth
5recommendations. All investigative reports prepared by the
6Office of the Inspector General shall be considered
7confidential and shall not be released except as provided by
8the law of this State or as required under applicable federal
9law. Unsubstantiated and unfounded reports shall not be
10disclosed except as allowed under Section 6 of the Abused and
11Neglected Long Term Care Facility Residents Reporting Act. Raw
12data used to compile the investigative report shall not be
13subject to release unless required by law or a court order.
14"Raw data used to compile the investigative report" includes,
15but is not limited to, any one or more of the following: the
16initial complaint, witness statements, photographs,
17investigator's notes, police reports, or incident reports. If
18the allegations are substantiated, the victim, the victim's
19guardian, and the accused shall be provided with a redacted
20copy of the investigative report. Death reports where there
21was no allegation of abuse or neglect shall only be released
22pursuant to applicable State or federal law or a valid court
23order. Unredacted investigative reports, as well as raw data,
24may be shared with a local law enforcement entity, a State's
25Attorney's office, or a county coroner's office upon written
26request.

 

 

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1    (n) Written responses, clarification requests, and
2reconsideration requests.
3        (1) Written responses. Within 30 calendar days from
4    receipt of a substantiated investigative report or an
5    investigative report which contains recommendations,
6    absent a reconsideration request, the facility or agency
7    shall file a written response that addresses, in a concise
8    and reasoned manner, the actions taken to: (i) protect the
9    individual; (ii) prevent recurrences; and (iii) eliminate
10    the problems identified. The response shall include the
11    implementation and completion dates of such actions. If
12    the written response is not filed within the allotted 30
13    calendar day period, the Secretary shall determine the
14    appropriate corrective action to be taken.
15        (2) Requests for clarification. The facility, agency,
16    victim or guardian, or the subject employee may request
17    that the Office of Inspector General clarify the finding
18    or findings for which clarification is sought.
19        (3) Requests for reconsideration. The facility,
20    agency, victim or guardian, or the subject employee may
21    request that the Office of the Inspector General
22    reconsider the finding or findings or the recommendations.
23    A request for reconsideration shall be subject to a
24    multi-layer review and shall include at least one reviewer
25    who did not participate in the investigation or approval
26    of the original investigative report. After the

 

 

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1    multi-layer review process has been completed, the
2    Inspector General shall make the final determination on
3    the reconsideration request. The investigation shall be
4    reopened if the reconsideration determination finds that
5    additional information is needed to complete the
6    investigative record.
7    (o) Disclosure of the finding by the Inspector General.
8The Inspector General shall disclose the finding of an
9investigation to the following persons: (i) the Governor, (ii)
10the Secretary, (iii) the director of the facility or agency,
11(iv) the alleged victims and their guardians, (v) the
12complainant, and (vi) the accused. This information shall
13include whether the allegations were deemed substantiated,
14unsubstantiated, or unfounded.
15    (p) Secretary review. Upon review of the Inspector
16General's investigative report and any agency's or facility's
17written response, the Secretary shall accept or reject the
18written response and notify the Inspector General of that
19determination. The Secretary may further direct that other
20administrative action be taken, including, but not limited to,
21any one or more of the following: (i) additional site visits,
22(ii) training, (iii) provision of technical assistance
23relative to administrative needs, licensure, or certification,
24or (iv) the imposition of appropriate sanctions.
25    (q) Action by facility or agency. Within 30 days of the
26date the Secretary approves the written response or directs

 

 

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1that further administrative action be taken, the facility or
2agency shall provide an implementation report to the Inspector
3General that provides the status of the action taken. The
4facility or agency shall be allowed an additional 30 days to
5send notice of completion of the action or to send an updated
6implementation report. If the action has not been completed
7within the additional 30-day period, the facility or agency
8shall send updated implementation reports every 60 days until
9completion. The Inspector General shall conduct a review of
10any implementation plan that takes more than 120 days after
11approval to complete, and shall monitor compliance through a
12random review of approved written responses, which may
13include, but are not limited to: (i) site visits, (ii)
14telephone contact, and (iii) requests for additional
15documentation evidencing compliance.
16    (r) Sanctions. Sanctions, if imposed by the Secretary
17under Subdivision (p)(iv) of this Section, shall be designed
18to prevent further acts of mental abuse, physical abuse,
19sexual abuse, neglect, egregious neglect, or financial
20exploitation or some combination of one or more of those acts
21at a facility or agency, and may include any one or more of the
22following:
23        (1) Appointment of on-site monitors.
24        (2) Transfer or relocation of an individual or
25    individuals.
26        (3) Closure of units.

 

 

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1        (4) Termination of any one or more of the following:
2    (i) Department licensing, (ii) funding, or (iii)
3    certification.
4    The Inspector General may seek the assistance of the
5Illinois Attorney General or the office of any State's
6Attorney in implementing sanctions.
7    (s) Health Care Worker Registry.
8        (1) Reporting to the Registry. The Inspector General
9    shall report to the Department of Public Health's Health
10    Care Worker Registry, a public registry, the identity and
11    finding of each employee of a facility or agency against
12    whom there is a final investigative report containing a
13    substantiated allegation of physical or sexual abuse,
14    financial exploitation, or egregious neglect of an
15    individual.
16        (2) Notice to employee. Prior to reporting the name of
17    an employee, the employee shall be notified of the
18    Department's obligation to report and shall be granted an
19    opportunity to request an administrative hearing, the sole
20    purpose of which is to determine if the substantiated
21    finding warrants reporting to the Registry. Notice to the
22    employee shall contain a clear and concise statement of
23    the grounds on which the report to the Registry is based,
24    offer the employee an opportunity for a hearing, and
25    identify the process for requesting such a hearing. Notice
26    is sufficient if provided by certified mail to the

 

 

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1    employee's last known address. If the employee fails to
2    request a hearing within 30 days from the date of the
3    notice, the Inspector General shall report the name of the
4    employee to the Registry. Nothing in this subdivision
5    (s)(2) shall diminish or impair the rights of a person who
6    is a member of a collective bargaining unit under the
7    Illinois Public Labor Relations Act or under any other
8    federal labor statute.
9        (3) Registry hearings. If the employee requests an
10    administrative hearing, the employee shall be granted an
11    opportunity to appear before an administrative law judge
12    to present reasons why the employee's name should not be
13    reported to the Registry. The Department shall bear the
14    burden of presenting evidence that establishes, by a
15    preponderance of the evidence, that the substantiated
16    finding warrants reporting to the Registry. After
17    considering all the evidence presented, the administrative
18    law judge shall make a recommendation to the Secretary as
19    to whether the substantiated finding warrants reporting
20    the name of the employee to the Registry. The Secretary
21    shall render the final decision. The Department and the
22    employee shall have the right to request that the
23    administrative law judge consider a stipulated disposition
24    of these proceedings.
25        (4) Testimony at Registry hearings. A person who makes
26    a report or who investigates a report under this Act shall

 

 

HB3655- 196 -LRB102 16922 WGH 22334 b

1    testify fully in any judicial proceeding resulting from
2    such a report, as to any evidence of abuse or neglect, or
3    the cause thereof. No evidence shall be excluded by reason
4    of any common law or statutory privilege relating to
5    communications between the alleged perpetrator of abuse or
6    neglect, or the individual alleged as the victim in the
7    report, and the person making or investigating the report.
8    Testimony at hearings is exempt from the confidentiality
9    requirements of subsection (f) of Section 10 of the Mental
10    Health and Developmental Disabilities Confidentiality Act.
11        (5) Employee's rights to collateral action. No
12    reporting to the Registry shall occur and no hearing shall
13    be set or proceed if an employee notifies the Inspector
14    General in writing, including any supporting
15    documentation, that he or she is formally contesting an
16    adverse employment action resulting from a substantiated
17    finding by complaint filed with the Illinois Civil Service
18    Commission, or which otherwise seeks to enforce the
19    employee's rights pursuant to any applicable collective
20    bargaining agreement. If an action taken by an employer
21    against an employee as a result of a finding of physical
22    abuse, sexual abuse, or egregious neglect is overturned
23    through an action filed with the Illinois Civil Service
24    Commission or under any applicable collective bargaining
25    agreement and if that employee's name has already been
26    sent to the Registry, the employee's name shall be removed

 

 

HB3655- 197 -LRB102 16922 WGH 22334 b

1    from the Registry.
2        (6) Removal from Registry. At any time after the
3    report to the Registry, but no more than once in any
4    12-month period, an employee may petition the Department
5    in writing to remove his or her name from the Registry.
6    Upon receiving notice of such request, the Inspector
7    General shall conduct an investigation into the petition.
8    Upon receipt of such request, an administrative hearing
9    will be set by the Department. At the hearing, the
10    employee shall bear the burden of presenting evidence that
11    establishes, by a preponderance of the evidence, that
12    removal of the name from the Registry is in the public
13    interest. The parties may jointly request that the
14    administrative law judge consider a stipulated disposition
15    of these proceedings.
16    (t) Review of Administrative Decisions. The Department
17shall preserve a record of all proceedings at any formal
18hearing conducted by the Department involving Health Care
19Worker Registry hearings. Final administrative decisions of
20the Department are subject to judicial review pursuant to
21provisions of the Administrative Review Law.
22    (u) Quality Care Board. There is created, within the
23Office of the Inspector General, a Quality Care Board to be
24composed of 7 members appointed by the Governor with the
25advice and consent of the Senate. One of the members shall be
26designated as chairman by the Governor. Of the initial

 

 

HB3655- 198 -LRB102 16922 WGH 22334 b

1appointments made by the Governor, 4 Board members shall each
2be appointed for a term of 4 years and 3 members shall each be
3appointed for a term of 2 years. Upon the expiration of each
4member's term, a successor shall be appointed for a term of 4
5years. In the case of a vacancy in the office of any member,
6the Governor shall appoint a successor for the remainder of
7the unexpired term.
8    Members appointed by the Governor shall be qualified by
9professional knowledge or experience in the area of law,
10investigatory techniques, or in the area of care of the
11mentally ill or care of persons with developmental
12disabilities. Two members appointed by the Governor shall be
13persons with a disability or parents of persons with a
14disability. Members shall serve without compensation, but
15shall be reimbursed for expenses incurred in connection with
16the performance of their duties as members.
17    The Board shall meet quarterly, and may hold other
18meetings on the call of the chairman. Four members shall
19constitute a quorum allowing the Board to conduct its
20business. The Board may adopt rules and regulations it deems
21necessary to govern its own procedures.
22    The Board shall monitor and oversee the operations,
23policies, and procedures of the Inspector General to ensure
24the prompt and thorough investigation of allegations of
25neglect and abuse. In fulfilling these responsibilities, the
26Board may do the following:

 

 

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1        (1) Provide independent, expert consultation to the
2    Inspector General on policies and protocols for
3    investigations of alleged abuse, neglect, or both abuse
4    and neglect.
5        (2) Review existing regulations relating to the
6    operation of facilities.
7        (3) Advise the Inspector General as to the content of
8    training activities authorized under this Section.
9        (4) Recommend policies concerning methods for
10    improving the intergovernmental relationships between the
11    Office of the Inspector General and other State or federal
12    offices.
13    (v) Annual report. The Inspector General shall provide to
14the General Assembly and the Governor, no later than January 1
15of each year, a summary of reports and investigations made
16under this Act for the prior fiscal year with respect to
17individuals receiving mental health or developmental
18disabilities services. The report shall detail the imposition
19of sanctions, if any, and the final disposition of any
20corrective or administrative action directed by the Secretary.
21The summaries shall not contain any confidential or
22identifying information of any individual, but shall include
23objective data identifying any trends in the number of
24reported allegations, the timeliness of the Office of the
25Inspector General's investigations, and their disposition, for
26each facility and Department-wide, for the most recent 3-year

 

 

HB3655- 200 -LRB102 16922 WGH 22334 b

1time period. The report shall also identify, by facility, the
2staff-to-patient ratios taking account of direct care staff
3only. The report shall also include detailed recommended
4administrative actions and matters for consideration by the
5General Assembly.
6    (w) Program audit. The Auditor General shall conduct a
7program audit of the Office of the Inspector General on an
8as-needed basis, as determined by the Auditor General. The
9audit shall specifically include the Inspector General's
10compliance with the Act and effectiveness in investigating
11reports of allegations occurring in any facility or agency.
12The Auditor General shall conduct the program audit according
13to the provisions of the Illinois State Auditing Act and shall
14report its findings to the General Assembly no later than
15January 1 following the audit period.
16    (x) Nothing in this Section shall be construed to mean
17that an individual is a victim of abuse or neglect because of
18health care services appropriately provided or not provided by
19health care professionals.
20    (y) Nothing in this Section shall require a facility,
21including its employees, agents, medical staff members, and
22health care professionals, to provide a service to an
23individual in contravention of that individual's stated or
24implied objection to the provision of that service on the
25ground that that service conflicts with the individual's
26religious beliefs or practices, nor shall the failure to

 

 

HB3655- 201 -LRB102 16922 WGH 22334 b

1provide a service to an individual be considered abuse under
2this Section if the individual has objected to the provision
3of that service based on his or her religious beliefs or
4practices.
5(Source: P.A. 100-313, eff. 8-24-17; 100-432, eff. 8-25-17;
6100-863, eff. 8-14-18; 100-943, eff. 1-1-19; 100-991, eff.
78-20-18; 100-1098, eff. 8-26-18; 101-81, eff. 7-12-19.)
 
8    Section 150. The Department of Innovation and Technology
9Act is amended by changing Section 1-5 as follows:
 
10    (20 ILCS 1370/1-5)
11    Sec. 1-5. Definitions. In this Act:
12    "Bureau of Communications and Computer Services" means the
13Bureau of Communications and Computer Services, also known as
14the Bureau of Information and Communication Services, created
15by rule (2 Illinois Administrative Code 750.40) within the
16Department of Central Management Services.
17    "Client agency" means each transferring agency, or its
18successor. When applicable, "client agency" may also include
19any other public agency to which the Department provides
20service to the extent specified in an interagency contract
21with the public agency.
22    "Dedicated unit" means the dedicated bureau, division,
23office, or other unit within a transferring agency that is
24responsible for the information technology functions of the

 

 

HB3655- 202 -LRB102 16922 WGH 22334 b

1transferring agency. For the Office of the Governor,
2"dedicated unit" means the Information Technology Office, also
3known as the Office of the Chief Information Officer. For the
4Department of Central Management Services, "dedicated unit"
5means the Bureau of Communications and Computer Services, also
6known as the Bureau of Information and Communication Services.
7    "Department" means the Department of Innovation and
8Technology.
9    "Information technology" means technology,
10infrastructure, equipment, systems, software, networks, and
11processes used to create, send, receive, and store electronic
12or digital information, including, without limitation,
13computer systems and telecommunication services and systems.
14"Information technology" shall be construed broadly to
15incorporate future technologies (such as sensors and balanced
16private hybrid or public cloud posture tailored to the mission
17of the agency) that change or supplant those in effect as of
18the effective date of this Act.
19    "Information technology functions" means the development,
20procurement, installation, retention, maintenance, operation,
21possession, storage, and related functions of all information
22technology.
23    "Information Technology Office" means the Information
24Technology Office, also known as the Office of the Chief
25Information Officer, within the Office of the Governor,
26created by Executive Order 1999-05, or its successor.

 

 

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1    "Legacy information technology division" means any
2division, bureau, or other unit of a transferring agency which
3has responsibility for information technology functions for
4the agency prior to the transfer of those functions to the
5Department, including, without limitation, the Bureau of
6Communications and Computer Services.
7    "Secretary" means the Secretary of Innovation and
8Technology.
9    "State agency" means each State agency, department, board,
10and commission directly responsible to the Governor.
11    "Transferring agency" means the Department on Aging; the
12Departments of Agriculture, Central Management Services,
13Children and Family Services, Commerce and Economic
14Opportunity, Corrections, Employment Security, Financial and
15Professional Regulation, Healthcare and Family Services, Human
16Rights, Human Services, Insurance, Juvenile Justice, Labor,
17Lottery, Military Affairs, Natural Resources, Public Health,
18Revenue, State Police, Transportation, and Veterans' Affairs;
19the Illinois State Police; the Capital Development Board; the
20Deaf and Hard of Hearing Commission; the Environmental
21Protection Agency; the Governor's Office of Management and
22Budget; the Guardianship and Advocacy Commission; the Historic
23Preservation Agency; the Illinois Arts Council; the Illinois
24Council on Developmental Disabilities; the Illinois Emergency
25Management Agency; the Illinois Gaming Board; the Illinois
26Health Information Exchange Authority; the Illinois Liquor

 

 

HB3655- 204 -LRB102 16922 WGH 22334 b

1Control Commission; the Illinois Technology Office; the Office
2of the State Fire Marshal; and the Prisoner Review Board.
3"Transferring agency" does not include a State constitutional
4office, the Office of the Executive Inspector General, or any
5office of the legislative or judicial branches of State
6government.
7(Source: P.A. 100-611, eff. 7-20-18; 100-1169, eff. 1-4-19.)
 
8    Section 155. The Department of Labor Law of the Civil
9Administrative Code of Illinois is amended by changing Section
101505-200 as follows:
 
11    (20 ILCS 1505/1505-200)  (was 20 ILCS 1505/43.21)
12    Sec. 1505-200. Criminal history record information.
13Whenever the Department is authorized or required by law to
14consider some aspect of criminal history record information
15for the purpose of carrying out its statutory powers and
16responsibilities, then, upon request and payment of fees in
17conformance with the requirements of Section 2605-400 of the
18Illinois Department of State Police Law (20 ILCS
192605/2605-400), the Illinois Department of State Police is
20authorized to furnish, pursuant to positive identification,
21any information contained in State files that is necessary to
22fulfill the request.
23(Source: P.A. 91-239, eff. 1-1-00.)
 

 

 

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1    Section 160. The Illinois Lottery Law is amended by
2changing Sections 10.4 and 21.10 as follows:
 
3    (20 ILCS 1605/10.4)  (from Ch. 120, par. 1160.4)
4    Sec. 10.4. Every person who shall violate the provisions
5of Section 10.3, or who does not segregate and keep separate
6and apart from all other funds and assets, all proceeds from
7the sale of lottery tickets received by a person in the
8capacity of a sales agent, shall upon conviction thereof be
9guilty of a Class 4 felony. The provisions of this Section
10shall be enforced by the Illinois Department of State Police
11and prosecuted by the Attorney General.
12(Source: P.A. 85-183; 86-1475.)
 
13    (20 ILCS 1605/21.10)
14    Sec. 21.10. Scratch-off for State police memorials.
15    (a) The Department shall offer a special instant
16scratch-off game for the benefit of State police memorials.
17The game shall commence on January 1, 2019 or as soon
18thereafter, at the discretion of the Director, as is
19reasonably practical. The operation of the game shall be
20governed by this Act and any rules adopted by the Department.
21If any provision of this Section is inconsistent with any
22other provision of this Act, then this Section governs.
23    (b) The net revenue from the State police memorials
24scratch-off game shall be deposited into the Criminal Justice

 

 

HB3655- 206 -LRB102 16922 WGH 22334 b

1Information Projects Fund and distributed equally, as soon as
2practical but at least on a monthly basis, to the Chicago
3Police Memorial Foundation Fund, the Police Memorial Committee
4Fund, and the Illinois State Police Memorial Park Fund. Moneys
5transferred to the funds under this Section shall be used,
6subject to appropriation, to fund grants for building and
7maintaining memorials and parks; holding annual memorial
8commemorations; giving scholarships to children of officers
9killed or catastrophically injured in the line of duty, or
10those interested in pursuing a career in law enforcement;
11providing financial assistance to police officers and their
12families when a police officer is killed or injured in the line
13of duty; and providing financial assistance to officers for
14the purchase or replacement of bulletproof vests to be used in
15the line of duty.
16    For purposes of this subsection, "net revenue" means the
17total amount for which tickets have been sold less the sum of
18the amount paid out in the prizes and the actual
19administrative expenses of the Department solely related to
20the scratch-off game under this Section.
21    (c) During the time that tickets are sold for the State
22police memorials scratch-off game, the Department shall not
23unreasonably diminish the efforts devoted to marketing any
24other instant scratch-off lottery game.
25    (d) The Department may adopt any rules necessary to
26implement and administer the provisions of this Section.

 

 

HB3655- 207 -LRB102 16922 WGH 22334 b

1(Source: P.A. 100-647, eff. 7-30-18; 101-81, eff. 7-12-19.)
 
2    Section 165. The Mental Health and Developmental
3Disabilities Administrative Act is amended by changing Section
44.2 as follows:
 
5    (20 ILCS 1705/4.2)  (from Ch. 91 1/2, par. 100-4.2)
6    Sec. 4.2. Facility staff.
7    (a) The Department shall describe and delineate guidelines
8for each of the facilities it operates regarding the number
9and qualifications of the staff required to carry out
10prescribed duties. The guidelines shall be based on
11consideration of recipient needs as well as professional and
12programmatic requirements, including those established for
13purposes of national accreditation and for certification under
14Titles XVIII and XIX of the federal Social Security Act.
15    (b) As used in this Section, "direct care position" means
16any position with the Department in which the job titles which
17will regularly or temporarily entail contact with recipients
18in the Department's facilities for persons with a mental
19illness or a developmental disability.
20    (c) The Department shall require that each candidate for
21employment in a direct care position, as a condition of
22employment, shall submit to a fingerprint-based criminal
23background investigation to determine whether the candidate
24for employment in a direct care position has ever been charged

 

 

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1with a crime and, if so, the disposition of those charges. This
2authorization shall indicate the scope of the inquiry and the
3agencies which may be contacted. Upon this authorization, the
4Director (or, on or after July 1, 1997, the Secretary) shall
5request and receive information and assistance from any
6federal, State or local governmental agency as part of the
7authorized investigation. The Illinois Department of State
8Police shall provide information concerning any criminal
9charges, and their disposition, now or hereafter filed against
10a candidate for employment in a direct care position upon
11request of the Department when the request is made in the form
12and manner required by the Illinois Department of State
13Police.
14    Information concerning convictions of a candidate for
15employment in a direct care position investigated under this
16Section, including the source of the information and any
17conclusions or recommendations derived from the information,
18shall be provided, upon request, to the candidate for
19employment in a direct care position before final action by
20the Department on the application. Information on convictions
21of a candidate for employment in a direct care position under
22this Act shall be provided to the director of the employing
23unit, and, upon request, to the candidate for employment in a
24direct care position. Any information concerning criminal
25charges and the disposition of those charges obtained by the
26Department shall be confidential and may not be transmitted

 

 

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1outside the Department, except as required in this Act, and
2may not be transmitted to anyone within the Department except
3as needed for the purpose of evaluating an application of a
4candidate for employment in a direct care position. Only
5information and standards which bear a reasonable and rational
6relation to the performance of a direct care position shall be
7used by the Department. Any employee of the Department or the
8Illinois Department of State Police receiving confidential
9information under this Section who gives or causes to be given
10any confidential information concerning any criminal
11convictions of a candidate for employment in a direct care
12position shall be guilty of a Class A misdemeanor unless
13release of the information is authorized by this Section.
14    A Department employing unit may hire, on a probationary
15basis, any candidate for employment in a direct care position,
16authorizing a criminal background investigation under this
17Section, pending the result of the investigation. A candidate
18for employment in a direct care position shall be notified
19before he or she is hired that his or her employment may be
20terminated on the basis of criminal background information
21obtained by the employing unit.
22    No person may be employed in a direct care position who
23refuses to authorize an investigation as required by this
24subsection (c).
25(Source: P.A. 92-218, eff. 1-1-02.)
 

 

 

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1    Section 170. The Department of Human Services (Mental
2Health and Developmental Disabilities) Law of the Civil
3Administrative Code of Illinois is amended by changing Section
41710-75 as follows:
 
5    (20 ILCS 1710/1710-75)  (was 20 ILCS 1710/53 in part)
6    Sec. 1710-75. Criminal history record information.
7Whenever the Department is authorized or required by law to
8consider some aspect of criminal history record information
9for the purpose of carrying out its statutory powers and
10responsibilities, then, upon request and payment of fees in
11conformance with the requirements of Section 2605-400 of the
12Illinois Department of State Police Law (20 ILCS
132605/2605-400), the Illinois Department of State Police is
14authorized to furnish, pursuant to positive identification,
15the information contained in State files that is necessary to
16fulfill the request.
17(Source: P.A. 91-239, eff. 1-1-00.)
 
18    Section 175. The Department of Natural Resources (Mines
19and Minerals) Law of the Civil Administrative Code of Illinois
20is amended by changing Section 1905-150 as follows:
 
21    (20 ILCS 1905/1905-150)  (was 20 ILCS 1905/45 in part)
22    Sec. 1905-150. Criminal history record information.
23Whenever the Department is authorized or required by law to

 

 

HB3655- 211 -LRB102 16922 WGH 22334 b

1consider some aspect of criminal history record information
2for the purpose of carrying out its statutory powers and
3responsibilities, then upon request and payment of fees in
4conformance with the requirements of Section 2605-400 of the
5Illinois Department of State Police Law (20 ILCS
62605/2605-400), the Illinois Department of State Police is
7authorized to furnish, pursuant to positive identification,
8the information contained in State files that is necessary to
9fulfill the request.
10(Source: P.A. 91-239, eff. 1-1-00.)
 
11    Section 180. The Department of Professional Regulation Law
12of the Civil Administrative Code of Illinois is amended by
13changing Sections 2105-15 and 2105-20 as follows:
 
14    (20 ILCS 2105/2105-15)
15    Sec. 2105-15. General powers and duties.
16    (a) The Department has, subject to the provisions of the
17Civil Administrative Code of Illinois, the following powers
18and duties:
19        (1) To authorize examinations in English to ascertain
20    the qualifications and fitness of applicants to exercise
21    the profession, trade, or occupation for which the
22    examination is held.
23        (2) To prescribe rules and regulations for a fair and
24    wholly impartial method of examination of candidates to

 

 

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1    exercise the respective professions, trades, or
2    occupations.
3        (3) To pass upon the qualifications of applicants for
4    licenses, certificates, and authorities, whether by
5    examination, by reciprocity, or by endorsement.
6        (4) To prescribe rules and regulations defining, for
7    the respective professions, trades, and occupations, what
8    shall constitute a school, college, or university, or
9    department of a university, or other institution,
10    reputable and in good standing, and to determine the
11    reputability and good standing of a school, college, or
12    university, or department of a university, or other
13    institution, reputable and in good standing, by reference
14    to a compliance with those rules and regulations;
15    provided, that no school, college, or university, or
16    department of a university, or other institution that
17    refuses admittance to applicants solely on account of
18    race, color, creed, sex, sexual orientation, or national
19    origin shall be considered reputable and in good standing.
20        (5) To conduct hearings on proceedings to revoke,
21    suspend, refuse to renew, place on probationary status, or
22    take other disciplinary action as authorized in any
23    licensing Act administered by the Department with regard
24    to licenses, certificates, or authorities of persons
25    exercising the respective professions, trades, or
26    occupations and to revoke, suspend, refuse to renew, place

 

 

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1    on probationary status, or take other disciplinary action
2    as authorized in any licensing Act administered by the
3    Department with regard to those licenses, certificates, or
4    authorities.
5        The Department shall issue a monthly disciplinary
6    report.
7        The Department shall refuse to issue or renew a
8    license to, or shall suspend or revoke a license of, any
9    person who, after receiving notice, fails to comply with a
10    subpoena or warrant relating to a paternity or child
11    support proceeding. However, the Department may issue a
12    license or renewal upon compliance with the subpoena or
13    warrant.
14        The Department, without further process or hearings,
15    shall revoke, suspend, or deny any license or renewal
16    authorized by the Civil Administrative Code of Illinois to
17    a person who is certified by the Department of Healthcare
18    and Family Services (formerly Illinois Department of
19    Public Aid) as being more than 30 days delinquent in
20    complying with a child support order or who is certified
21    by a court as being in violation of the Non-Support
22    Punishment Act for more than 60 days. The Department may,
23    however, issue a license or renewal if the person has
24    established a satisfactory repayment record as determined
25    by the Department of Healthcare and Family Services
26    (formerly Illinois Department of Public Aid) or if the

 

 

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1    person is determined by the court to be in compliance with
2    the Non-Support Punishment Act. The Department may
3    implement this paragraph as added by Public Act 89-6
4    through the use of emergency rules in accordance with
5    Section 5-45 of the Illinois Administrative Procedure Act.
6    For purposes of the Illinois Administrative Procedure Act,
7    the adoption of rules to implement this paragraph shall be
8    considered an emergency and necessary for the public
9    interest, safety, and welfare.
10        (6) To transfer jurisdiction of any realty under the
11    control of the Department to any other department of the
12    State Government or to acquire or accept federal lands
13    when the transfer, acquisition, or acceptance is
14    advantageous to the State and is approved in writing by
15    the Governor.
16        (7) To formulate rules and regulations necessary for
17    the enforcement of any Act administered by the Department.
18        (8) To exchange with the Department of Healthcare and
19    Family Services information that may be necessary for the
20    enforcement of child support orders entered pursuant to
21    the Illinois Public Aid Code, the Illinois Marriage and
22    Dissolution of Marriage Act, the Non-Support of Spouse and
23    Children Act, the Non-Support Punishment Act, the Revised
24    Uniform Reciprocal Enforcement of Support Act, the Uniform
25    Interstate Family Support Act, the Illinois Parentage Act
26    of 1984, or the Illinois Parentage Act of 2015.

 

 

HB3655- 215 -LRB102 16922 WGH 22334 b

1    Notwithstanding any provisions in this Code to the
2    contrary, the Department of Professional Regulation shall
3    not be liable under any federal or State law to any person
4    for any disclosure of information to the Department of
5    Healthcare and Family Services (formerly Illinois
6    Department of Public Aid) under this paragraph (8) or for
7    any other action taken in good faith to comply with the
8    requirements of this paragraph (8).
9        (8.3) To exchange information with the Department of
10    Human Rights regarding recommendations received under
11    paragraph (B) of Section 8-109 of the Illinois Human
12    Rights Act regarding a licensee or candidate for licensure
13    who has committed a civil rights violation that may lead
14    to the refusal, suspension, or revocation of a license
15    from the Department.
16        (8.5) To accept continuing education credit for
17    mandated reporter training on how to recognize and report
18    child abuse offered by the Department of Children and
19    Family Services and completed by any person who holds a
20    professional license issued by the Department and who is a
21    mandated reporter under the Abused and Neglected Child
22    Reporting Act. The Department shall adopt any rules
23    necessary to implement this paragraph.
24        (9) To perform other duties prescribed by law.
25    (a-5) Except in cases involving delinquency in complying
26with a child support order or violation of the Non-Support

 

 

HB3655- 216 -LRB102 16922 WGH 22334 b

1Punishment Act and notwithstanding anything that may appear in
2any individual licensing Act or administrative rule, no person
3or entity whose license, certificate, or authority has been
4revoked as authorized in any licensing Act administered by the
5Department may apply for restoration of that license,
6certification, or authority until 3 years after the effective
7date of the revocation.
8    (b) (Blank).
9    (c) For the purpose of securing and preparing evidence,
10and for the purchase of controlled substances, professional
11services, and equipment necessary for enforcement activities,
12recoupment of investigative costs, and other activities
13directed at suppressing the misuse and abuse of controlled
14substances, including those activities set forth in Sections
15504 and 508 of the Illinois Controlled Substances Act, the
16Director and agents appointed and authorized by the Director
17may expend sums from the Professional Regulation Evidence Fund
18that the Director deems necessary from the amounts
19appropriated for that purpose. Those sums may be advanced to
20the agent when the Director deems that procedure to be in the
21public interest. Sums for the purchase of controlled
22substances, professional services, and equipment necessary for
23enforcement activities and other activities as set forth in
24this Section shall be advanced to the agent who is to make the
25purchase from the Professional Regulation Evidence Fund on
26vouchers signed by the Director. The Director and those agents

 

 

HB3655- 217 -LRB102 16922 WGH 22334 b

1are authorized to maintain one or more commercial checking
2accounts with any State banking corporation or corporations
3organized under or subject to the Illinois Banking Act for the
4deposit and withdrawal of moneys to be used for the purposes
5set forth in this Section; provided, that no check may be
6written nor any withdrawal made from any such account except
7upon the written signatures of 2 persons designated by the
8Director to write those checks and make those withdrawals.
9Vouchers for those expenditures must be signed by the
10Director. All such expenditures shall be audited by the
11Director, and the audit shall be submitted to the Department
12of Central Management Services for approval.
13    (d) Whenever the Department is authorized or required by
14law to consider some aspect of criminal history record
15information for the purpose of carrying out its statutory
16powers and responsibilities, then, upon request and payment of
17fees in conformance with the requirements of Section 2605-400
18of the Illinois Department of State Police Law (20 ILCS
192605/2605-400), the Illinois Department of State Police is
20authorized to furnish, pursuant to positive identification,
21the information contained in State files that is necessary to
22fulfill the request.
23    (e) The provisions of this Section do not apply to private
24business and vocational schools as defined by Section 15 of
25the Private Business and Vocational Schools Act of 2012.
26    (f) (Blank).

 

 

HB3655- 218 -LRB102 16922 WGH 22334 b

1    (f-5) Notwithstanding anything that may appear in any
2individual licensing statute or administrative rule, the
3Department shall allow an applicant to provide his or her
4individual taxpayer identification number as an alternative to
5providing a social security number when applying for a
6license.
7    (g) Notwithstanding anything that may appear in any
8individual licensing statute or administrative rule, the
9Department shall deny any license application or renewal
10authorized under any licensing Act administered by the
11Department to any person who has failed to file a return, or to
12pay the tax, penalty, or interest shown in a filed return, or
13to pay any final assessment of tax, penalty, or interest, as
14required by any tax Act administered by the Illinois
15Department of Revenue, until such time as the requirement of
16any such tax Act are satisfied; however, the Department may
17issue a license or renewal if the person has established a
18satisfactory repayment record as determined by the Illinois
19Department of Revenue. For the purpose of this Section,
20"satisfactory repayment record" shall be defined by rule.
21    In addition, a complaint filed with the Department by the
22Illinois Department of Revenue that includes a certification,
23signed by its Director or designee, attesting to the amount of
24the unpaid tax liability or the years for which a return was
25not filed, or both, is prima facie evidence of the licensee's
26failure to comply with the tax laws administered by the

 

 

HB3655- 219 -LRB102 16922 WGH 22334 b

1Illinois Department of Revenue. Upon receipt of that
2certification, the Department shall, without a hearing,
3immediately suspend all licenses held by the licensee.
4Enforcement of the Department's order shall be stayed for 60
5days. The Department shall provide notice of the suspension to
6the licensee by mailing a copy of the Department's order to the
7licensee's address of record or emailing a copy of the order to
8the licensee's email address of record. The notice shall
9advise the licensee that the suspension shall be effective 60
10days after the issuance of the Department's order unless the
11Department receives, from the licensee, a request for a
12hearing before the Department to dispute the matters contained
13in the order.
14    Any suspension imposed under this subsection (g) shall be
15terminated by the Department upon notification from the
16Illinois Department of Revenue that the licensee is in
17compliance with all tax laws administered by the Illinois
18Department of Revenue.
19    The Department may promulgate rules for the administration
20of this subsection (g).
21    (h) The Department may grant the title "Retired", to be
22used immediately adjacent to the title of a profession
23regulated by the Department, to eligible retirees. For
24individuals licensed under the Medical Practice Act of 1987,
25the title "Retired" may be used in the profile required by the
26Patients' Right to Know Act. The use of the title "Retired"

 

 

HB3655- 220 -LRB102 16922 WGH 22334 b

1shall not constitute representation of current licensure,
2registration, or certification. Any person without an active
3license, registration, or certificate in a profession that
4requires licensure, registration, or certification shall not
5be permitted to practice that profession.
6    (i) The Department shall make available on its website
7general information explaining how the Department utilizes
8criminal history information in making licensure application
9decisions, including a list of enumerated offenses that serve
10as a statutory bar to licensure.
11(Source: P.A. 100-262, eff. 8-22-17; 100-863, eff. 8-14-18;
12100-872, eff. 8-14-18; 100-883, eff. 8-14-18; 100-1078, eff.
131-1-19; 101-81, eff. 7-12-19; 101-221, eff. 1-1-20.)
 
14    (20 ILCS 2105/2105-20)
15    Sec. 2105-20. Criminal history records checks. Licensees
16or applicants applying for expedited licensure through an
17interstate compact enacted into law by the General Assembly,
18including, but not limited to, the Interstate Medical
19Licensure Compact Act, who have designated Illinois as the
20principal state of licensure for the purposes of the compact
21shall have his or her fingerprints submitted to the Illinois
22Department of State Police in an electronic format that
23complies with the form and manner for requesting and
24furnishing criminal history record information as prescribed
25by the Illinois Department of State Police. These fingerprints

 

 

HB3655- 221 -LRB102 16922 WGH 22334 b

1shall be checked against the Illinois Department of State
2Police and Federal Bureau of Investigation criminal history
3record databases now and hereafter filed. The Illinois
4Department of State Police shall charge applicants or
5licensees a fee for conducting the criminal history records
6check, which shall be deposited into the State Police Services
7Fund and shall not exceed the actual cost of the records check.
8The Illinois Department of State Police shall furnish,
9pursuant to positive identification, records of Illinois
10convictions to the Department. The Department may require
11applicants or licensees to pay a separate fingerprinting fee,
12either to the Department or to a vendor designated or approved
13by the Department. The Department, in its discretion, may
14allow an applicant or licensee who does not have reasonable
15access to a designated vendor to provide his or her
16fingerprints in an alternative manner. The Department may
17adopt any rules necessary to implement this Section.
18Communication between the Department and an interstate compact
19governing body, including, but not limited to, the Interstate
20Commission as defined in Section 180 of the Interstate Medical
21Licensure Compact Act, may not include information received
22from the Federal Bureau of Investigation relating to a State
23and federal criminal history records check.
24(Source: P.A. 100-230, eff. 8-18-17.)
 
25    Section 185. The Department of Public Health Powers and

 

 

HB3655- 222 -LRB102 16922 WGH 22334 b

1Duties Law of the Civil Administrative Code of Illinois is
2amended by changing Sections 2310-185 and 2310-376 as follows:
 
3    (20 ILCS 2310/2310-185)  (was 20 ILCS 2310/55.51)
4    Sec. 2310-185. Criminal history record information.
5Whenever the Department is authorized or required by law to
6consider some aspect of criminal history record information
7for the purpose of carrying out its statutory powers and
8responsibilities, then, upon request and payment of fees in
9conformance with the requirements of Section 2605-400 of the
10Illinois Department of State Police Law (20 ILCS
112605/2605-400), the Illinois Department of State Police is
12authorized to furnish, pursuant to positive identification,
13the information contained in State files that is necessary to
14fulfill the request.
15(Source: P.A. 91-239, eff. 1-1-00.)
 
16    (20 ILCS 2310/2310-376)
17    Sec. 2310-376. Hepatitis education and outreach.
18    (a) The Illinois General Assembly finds and declares the
19following:
20        (1) The World Health Organization characterizes
21    hepatitis as a disease of primary concern to humanity.
22        (2) Hepatitis is considered a silent killer; no
23    recognizable signs or symptoms occur until severe liver
24    damage has occurred.

 

 

HB3655- 223 -LRB102 16922 WGH 22334 b

1        (3) Studies indicate that nearly 4 million Americans
2    (1.8 percent of the population) carry the virus HCV that
3    causes the disease.
4        (4) 30,000 acute new infections occur each year in the
5    United States, and only 25 to 30 percent are diagnosed.
6        (5) 8,000 to 10,000 Americans die from the disease
7    each year.
8        (6) 200,000 Illinois residents may be carriers and
9    could develop the debilitating and potentially deadly
10    liver disease.
11        (7) Inmates of correctional facilities have a higher
12    incidence of hepatitis and, upon their release, present a
13    significant health risk to the general population.
14        (8) Illinois members of the armed services are subject
15    to an increased risk of contracting hepatitis due to their
16    possible receipt of contaminated blood during a
17    transfusion occurring for the treatment of wounds and due
18    to their service in areas of the World where the disease is
19    more prevalent and healthcare is less capable of detecting
20    and treating the disease. Many of these service members
21    are unaware of the danger of hepatitis and their increased
22    risk of contracting the disease.
23    (b) Subject to appropriation, the Department shall conduct
24an education and outreach campaign, in addition to its overall
25effort to prevent infectious disease in Illinois, in order to
26raise awareness about and promote prevention of hepatitis.

 

 

HB3655- 224 -LRB102 16922 WGH 22334 b

1    (c) Subject to appropriation, in addition to the education
2and outreach campaign provided in subsection (b), the
3Department shall develop and make available to physicians,
4other health care providers, members of the armed services,
5and other persons subject to an increased risk of contracting
6hepatitis, educational materials, in written and electronic
7forms, on the diagnosis, treatment, and prevention of the
8disease. These materials shall include the recommendations of
9the federal Centers for Disease Control and Prevention and any
10other persons or entities determined by the Department to have
11particular expertise on hepatitis, including the American
12Liver Foundation. These materials shall be written in terms
13that are understandable by members of the general public.
14    (d) The Department shall establish an Advisory Council on
15Hepatitis to develop a hepatitis prevention plan. The
16Department shall specify the membership, members' terms,
17provisions for removal of members, chairmen, and purpose of
18the Advisory Council. The Advisory Council shall consist of
19one representative from each of the following State agencies
20or offices, appointed by the head of each agency or office:
21        (1) The Department of Public Health.
22        (2) The Department of Public Aid.
23        (3) The Department of Corrections.
24        (4) The Department of Veterans' Affairs.
25        (5) The Department on Aging.
26        (6) The Department of Human Services.

 

 

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1        (7) The Illinois Department of State Police.
2        (8) The office of the State Fire Marshal.
3    The Director shall appoint representatives of
4organizations and advocates in the State of Illinois,
5including, but not limited to, the American Liver Foundation.
6The Director shall also appoint interested members of the
7public, including consumers and providers of health services
8and representatives of local public health agencies, to
9provide recommendations and information to the members of the
10Advisory Council. Members of the Advisory Council shall serve
11on a voluntary, unpaid basis and are not entitled to
12reimbursement for mileage or other costs they incur in
13connection with performing their duties.
14(Source: P.A. 93-129, eff. 1-1-04; 94-406, eff. 8-2-05.)
 
15    Section 190. The Department of Revenue Law of the Civil
16Administrative Code of Illinois is amended by changing Section
172505-675 as follows:
 
18    (20 ILCS 2505/2505-675)  (was 20 ILCS 2505/39b50)
19    Sec. 2505-675. Whenever the Department is authorized or
20required by law to consider some aspect of criminal history
21record information for the purpose of carrying out its
22statutory powers and responsibilities, then, upon request and
23payment of fees in conformance with the requirements of
24Section 2605-400 of the Illinois Department of State Police

 

 

HB3655- 226 -LRB102 16922 WGH 22334 b

1Law (20 ILCS 2605/2605-400), the Illinois Department of State
2Police is authorized to furnish, pursuant to positive
3identification, the information contained in State files that
4is necessary to fulfill the request.
5(Source: P.A. 91-239, eff. 1-1-00.)
 
6    Section 195. The Department of State Police Law of the
7Civil Administrative Code of Illinois is amended by changing
8the heading of Article 2605 and Sections 2605-1, 2605-5,
92605-10, 2605-25, 2605-30, 2605-35, 2605-40, 2605-45, 2605-50,
102605-52, 2605-54, 2605-55, 2605-75, 2605-190, 2605-200,
112605-211, 2605-212, 2605-220, 2605-250, 2605-305, 2605-315,
122605-320, 2605-325, 2605-327, 2605-330, 2605-335, 2605-340,
132605-345, 2605-355, 2605-375, 2605-377, 2605-378, 2605-380,
142605-400, 2605-405, 2605-407, 2605-410, 2605-420, 2605-475,
152605-480, 2605-485, 2605-505, 2605-550, 2605-575, 2605-585,
162605-590, 2605-595, 2605-600, 2605-605, and 2605-610 and by
17adding Section 2605-51 as follows:
 
18    (20 ILCS 2605/Art. 2605 heading)
19
ARTICLE 2605. ILLINOIS DEPARTMENT OF STATE POLICE

 
20    (20 ILCS 2605/2605-1)
21    Sec. 2605-1. Article short title. This Article 2605 of the
22Civil Administrative Code of Illinois may be cited as the
23Illinois Department of State Police Law (formerly the

 

 

HB3655- 227 -LRB102 16922 WGH 22334 b

1Department of State Police Law).
2(Source: P.A. 91-239, eff. 1-1-00.)
 
3    (20 ILCS 2605/2605-5)
4    Sec. 2605-5. Definitions. In this Law:
5    "Department" means the Department of State Police.
6    "Director" means the Director of the Illinois State
7Police.
8    "Missing endangered senior" means an individual 65 years
9of age or older or a person with Alzheimer's disease or related
10dementias who is reported missing to a law enforcement agency
11and is, or is believed to be:
12        (1) a temporary or permanent resident of Illinois;
13        (2) at a location that cannot be determined by an
14    individual familiar with the missing individual; and
15        (3) incapable of returning to the individual's
16    residence without assistance.
17(Source: P.A. 96-442, eff. 1-1-10.)
 
18    (20 ILCS 2605/2605-10)  (was 20 ILCS 2605/55a in part)
19    Sec. 2605-10. Powers and duties, generally.
20    (a) The Illinois State Police shall exercise the rights,
21powers, and duties that have been vested in the Illinois State
22Police by the following:
23    The Illinois State Police Act.
24    The Illinois State Police Radio Act.

 

 

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1    The Criminal Identification Act.
2    The Illinois Vehicle Code.
3    The Firearm Owners Identification Card Act.
4    The Firearm Concealed Carry Act.
5    The Gun Dealer Licensing Act.
6    The Intergovernmental Missing Child Recovery Act of 1984.
7    The Intergovernmental Drug Laws Enforcement Act.
8    The Narcotic Control Division Abolition Act.
9    (b) The Illinois State Police Department shall have the
10powers and duties set forth in the following Sections.
11(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
12eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98;
1390-793, eff. 8-14-98; 91-239, eff. 1-1-00.)
 
14    (20 ILCS 2605/2605-25)  (was 20 ILCS 2605/55a-1)
15    Sec. 2605-25. Illinois State Police Department divisions.
16    (a) The Illinois State Police Department is divided into
17the Office of the Statewide 9-1-1 Administrator, and the
18following divisions: the Division of Patrol Operations, the
19Division of Criminal Investigation, the Division of Forensic
20Services, the Division of Justice Services, the Division of
21the Academy and Training, and the Division of Internal
22Investigation Illinois State Police Academy, the Office of the
23Statewide 9-1-1 Administrator, and 4 divisions: the Division
24of Operations, the Division of Forensic Services, the Division
25of Justice Services, and the Division of Internal

 

 

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1Investigation.
2    (b) The Office of the Director shall:
3        (1) Exercise the rights, powers, and duties vested in
4    the Illinois State Police Department by the Governor's
5    Office of Management and Budget Act.
6        (2) Exercise the rights, powers, and duties vested in
7    the Illinois State Police Department by the Personnel
8    Code.
9        (3) Exercise the rights, powers, and duties vested in
10    the Illinois State Police Department by "An Act relating
11    to internal auditing in State government", approved August
12    11, 1967 (repealed; now the Fiscal Control and Internal
13    Auditing Act).
14(Source: P.A. 101-378, eff. 1-1-20.)
 
15    (20 ILCS 2605/2605-30)  (was 20 ILCS 2605/55a-2)
16    Sec. 2605-30. Division of Patrol Operations (formerly
17State Troopers). The Division of Patrol Operations shall
18exercise the following functions and those in Section 2605-35:
19        (1) Cooperate with federal and State authorities
20    requesting utilization of the Illinois State Police's
21    Department's radio network system under the Illinois
22    Aeronautics Act.
23        (2) Exercise the rights, powers, and duties of the
24    Illinois State Police under the Illinois State Police Act.
25        (3) (Blank) Exercise the rights, powers, and duties

 

 

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1    vested by law in the Department by the State Police Radio
2    Act.
3        (4) Exercise the rights, powers, and duties of the
4    Illinois State Police Department vested by law in the
5    Department and the Illinois State Police by the Illinois
6    Vehicle Code.
7        (5) Exercise other duties that have been or may be
8    vested by law in the Illinois State Police.
9        (6) Exercise other duties that may be assigned by the
10    Director in order to fulfill the responsibilities and to
11    achieve the purposes of the Illinois State Police
12    Department.
13(Source: P.A. 91-239, eff. 1-1-00; 91-760, eff. 1-1-01.)
 
14    (20 ILCS 2605/2605-35)  (was 20 ILCS 2605/55a-3)
15    Sec. 2605-35. Division of Operations (formerly Criminal
16Investigation).
17    (a) The Division of Criminal Investigation Operations
18shall exercise the following functions and those in Section
192605-30:
20        (1) Exercise the rights, powers, and duties vested by
21    law in the Illinois State Police Department by the
22    Illinois Horse Racing Act of 1975, including those set
23    forth in Section 2605-215.
24        (2) Investigate the origins, activities, personnel,
25    and incidents of crime and enforce the criminal laws of

 

 

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1    this State related thereto.
2        (3) Enforce all laws regulating the production, sale,
3    prescribing, manufacturing, administering, transporting,
4    having in possession, dispensing, delivering,
5    distributing, or use of controlled substances and
6    cannabis.
7        (4) Cooperate with the police of cities, villages, and
8    incorporated towns and with the police officers of any
9    county in enforcing the laws of the State and in making
10    arrests and recovering property.
11        (5) Apprehend and deliver up any person charged in
12    this State or any other state with treason or a felony or
13    other crime who has fled from justice and is found in this
14    State.
15        (6) Investigate recipients and providers under the
16    Illinois Public Aid Code and any personnel involved in the
17    administration of the Code who are suspected of any
18    violation of the Code pertaining to fraud in the
19    administration, receipt, or provision of assistance and
20    pertaining to any violation of criminal law; and exercise
21    the functions required under Section 2605-220 in the
22    conduct of those investigations.
23        (7) Conduct other investigations as provided by law.
24        (8) Investigate public corruption. Exercise the powers
25    and perform the duties that have been vested in the
26    Department by the Sex Offender Registration Act and the

 

 

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1    Sex Offender Community Notification Law; and promulgate
2    reasonable rules and regulations necessitated thereby.
3        (9) Exercise other duties that may be assigned by the
4    Director in order to fulfill the responsibilities and
5    achieve the purposes of the Illinois State Police, which
6    may include the coordination of gang, terrorist, and
7    organized crime prevention, control activities, and
8    assisting local law enforcement in their crime control
9    activities Department.
10    (b) (Blank) There is hereby established in the Division of
11Operations the Office of Coordination of Gang Prevention,
12hereafter referred to as the Office.
13    The Office shall consult with units of local government
14and school districts to assist them in gang control activities
15and to administer a system of grants to units of local
16government and school districts that, upon application, have
17demonstrated a workable plan to reduce gang activity in their
18area. The grants shall not include reimbursement for
19personnel, nor shall they exceed 75% of the total request by
20any applicant. The grants may be calculated on a proportional
21basis, determined by funds available to the Department for
22this purpose. The Department has the authority to promulgate
23appropriate rules and regulations to administer this program.
24    The Office shall establish mobile units of trained
25personnel to respond to gang activities.
26    The Office shall also consult with and use the services of

 

 

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1religious leaders and other celebrities to assist in gang
2control activities.
3    The Office may sponsor seminars, conferences, or any other
4educational activity to assist communities in their gang crime
5control activities.
6(Source: P.A. 94-945, eff. 6-27-06.)
 
7    (20 ILCS 2605/2605-40)  (was 20 ILCS 2605/55a-4)
8    Sec. 2605-40. Division of Forensic Services. The Division
9of Forensic Services shall exercise the following functions:
10        (1) Provide crime scene services and traffic crash
11    reconstruction. (Blank).
12        (2) Exercise the rights, powers, and duties vested by
13    law in the Illinois State Police Department by Section
14    2605-300 of this Law.
15        (3) Provide assistance to local law enforcement
16    agencies through training, management, and consultant
17    services.
18        (4) (Blank).
19        (5) Exercise other duties that may be assigned by the
20    Director in order to fulfill the responsibilities and
21    achieve the purposes of the Illinois State Police
22    Department.
23        (6) Establish and operate a forensic science
24    laboratory system, including a forensic toxicological
25    laboratory service, for the purpose of testing specimens

 

 

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1    submitted by coroners and other law enforcement officers
2    in their efforts to determine whether alcohol, drugs, or
3    poisonous or other toxic substances have been involved in
4    deaths, accidents, or illness. Forensic toxicological
5    laboratories shall be established in Springfield, Chicago,
6    and elsewhere in the State as needed.
7        (6.5) Establish administrative rules in order to set
8    forth standardized requirements for the disclosure of
9    toxicology results and other relevant documents related to
10    a toxicological analysis. These administrative rules are
11    to be adopted to produce uniform and sufficient
12    information to allow a proper, well-informed determination
13    of the admissibility of toxicology evidence and to ensure
14    that this evidence is presented competently. These
15    administrative rules are designed to provide a minimum
16    standard for compliance of toxicology evidence and are is
17    not intended to limit the production and discovery of
18    material information. These administrative rules shall be
19    submitted by the Department of State Police into the
20    rulemaking process under the Illinois Administrative
21    Procedure Act on or before June 30, 2017.
22        (7) Subject to specific appropriations made for these
23    purposes, establish and coordinate a system for providing
24    accurate and expedited forensic science and other
25    investigative and laboratory services to local law
26    enforcement agencies and local State's Attorneys in aid of

 

 

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1    the investigation and trial of capital cases.
2(Source: P.A. 101-378, eff. 1-1-20.)
 
3    (20 ILCS 2605/2605-45)  (was 20 ILCS 2605/55a-5)
4    Sec. 2605-45. Division of Justice Services. The Division
5of Justice Services shall exercise the following functions:
6        (1) Operate and maintain the Law Enforcement Agencies
7    Data System (LEADS), a statewide, computerized
8    telecommunications system designed to provide services,
9    information, and capabilities to the law enforcement and
10    criminal justice community in the State of Illinois. The
11    Director is responsible for establishing policy,
12    procedures, and regulations consistent with State and
13    federal rules, policies, and law by which LEADS operates.
14    The Director shall designate a statewide LEADS
15    Administrator for management of the system. The Director
16    may appoint a LEADS Advisory Policy Board to reflect the
17    needs and desires of the law enforcement and criminal
18    justice community and to make recommendations concerning
19    policies and procedures. (Blank).
20        (2) Pursue research and the publication of studies
21    pertaining to local law enforcement activities.
22        (3) Serve as the State's point of contact for the
23    Federal Bureau of Investigation's Uniform Crime Reporting
24    Program and National Incident-Based Reporting System
25    (Blank).

 

 

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1        (4) Operate an electronic data processing and computer
2    center for the storage and retrieval of data pertaining to
3    criminal activity.
4        (5) (Blank). Exercise the rights, powers, and duties
5    vested in the former Division of State Troopers by Section
6    17 of the State Police Act.
7        (6) (Blank).
8        (6.5) Exercise the rights, powers, and duties vested
9    in the Illinois State Police Department by the Firearm
10    Owners Identification Card Act, the Firearm Concealed
11    Carry Act, and the Firearm Dealer License Certification
12    Act.
13        (7) Exercise other duties that may be assigned by the
14    Director to fulfill the responsibilities and achieve the
15    purposes of the Illinois State Police Department.
16        (8) Exercise the rights, powers, and duties vested by
17    law in the Illinois State Police Department by the
18    Criminal Identification Act.
19        (9) Exercise the powers and perform the duties that
20    have been vested in the Illinois State Police by the Sex
21    Offender Registration Act and the Sex Offender Community
22    Notification Law and adopt reasonable rules necessitated
23    thereby.
24(Source: P.A. 101-378, eff. 1-1-20.)
 
25    (20 ILCS 2605/2605-50)  (was 20 ILCS 2605/55a-6)

 

 

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1    Sec. 2605-50. Division of Internal Investigation. The
2Division of Internal Investigation shall have jurisdiction and
3initiate internal Illinois State Police departmental
4investigations and, at the direction of the Governor,
5investigate complaints and initiate investigations of official
6misconduct by State officers and all State employees under the
7jurisdiction of the Governor.
8(Source: P.A. 91-239, eff. 1-1-00.)
 
9    (20 ILCS 2605/2605-51 new)
10    Sec. 2605-51. Division of the Academy and Training.
11    (a) The Division of the Academy and Training shall
12exercise, but not be limited to, the following functions:
13        (1) Oversee and operate the Illinois State Police
14    Training Academy.
15        (2) Train and prepare new officers for a career in law
16    enforcement, with innovative, quality training and
17    educational practices.
18        (3) Offer continuing training and educational programs
19    for Illinois State Police employees.
20        (4) Oversee the Illinois State Police's recruitment
21    initiatives.
22        (5) Oversee and operate the Illinois State Police's
23    quartermaster.
24        (6) Duties assigned to the Illinois State Police in
25    Article 5, Chapter 11 of the Illinois Vehicle Code

 

 

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1    concerning testing.
2        (7) Duties assigned to the Illinois State Police in
3    Article 108B of the Code of Criminal Procedure.
4    (b) The Division of the Academy and Training shall
5exercise the rights, powers, and duties vested in the former
6Division of State Troopers by Section 17 of the Illinois State
7Police Act.
8    (c) Specialized training.
9        (1) Training; cultural diversity. The Division of the
10    Academy and Training shall provide training and continuing
11    education to State police officers concerning cultural
12    diversity, including sensitivity toward racial and ethnic
13    differences. This training and continuing education shall
14    include, but not be limited to, an emphasis on the fact
15    that the primary purpose of enforcement of the Illinois
16    Vehicle Code is safety and equal and uniform enforcement
17    under the law.
18        (2) Training; death and homicide investigations. The
19    Division of the Academy and Training shall provide
20    training in death and homicide investigation for State
21    police officers. Only State police officers who
22    successfully complete the training may be assigned as lead
23    investigators in death and homicide investigations.
24    Satisfactory completion of the training shall be evidenced
25    by a certificate issued to the officer by the Division of
26    the Academy and Training. The Director shall develop a

 

 

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1    process for waiver applications for officers whose prior
2    training and experience as homicide investigators may
3    qualify them for a waiver. The Director may issue a
4    waiver, at his or her discretion, based solely on the
5    prior training and experience of an officer as a homicide
6    investigator.
7        (3) Training; police dog training standards. All
8    police dogs used by the Illinois State Police for drug
9    enforcement purposes pursuant to the Cannabis Control Act,
10    the Illinois Controlled Substances Act, and the
11    Methamphetamine Control and Community Protection Act shall
12    be trained by programs that meet the certification
13    requirements set by the Director or the Director's
14    designee. Satisfactory completion of the training shall be
15    evidenced by a certificate issued by the Division of the
16    Academy and Training.
17        (4) Training; post-traumatic stress disorder. The
18    Division of the Academy and Training shall conduct or
19    approve a training program in post-traumatic stress
20    disorder for State police officers. The purpose of that
21    training shall be to equip State police officers to
22    identify the symptoms of post-traumatic stress disorder
23    and to respond appropriately to individuals exhibiting
24    those symptoms.
25        (5) Training; opioid antagonists. The Division of the
26    Academy and Training shall conduct or approve a training

 

 

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1    program for State police officers in the administration of
2    opioid antagonists as defined in paragraph (1) of
3    subsection (e) of Section 5-23 of the Substance Use
4    Disorder Act that is in accordance with that Section. As
5    used in this Section, "State police officers" includes
6    full-time or part-time State police officers,
7    investigators, and any other employee of the Illinois
8    State Police exercising the powers of a peace officer.
9        (6) Training; sexual assault and sexual abuse.
10            (A) Every 3 years, the Division of the Academy and
11        Training shall present in-service training on sexual
12        assault and sexual abuse response and report writing
13        training requirements, including, but not limited to,
14        the following:
15                (i) recognizing the symptoms of trauma;
16                (ii) understanding the role trauma has played
17            in a victim's life;
18                (iii) responding to the needs and concerns of
19            a victim;
20                (iv) delivering services in a compassionate,
21            sensitive, and nonjudgmental manner;
22                (v) interviewing techniques in accordance with
23            the curriculum standards in this paragraph (6);
24                (vi) understanding cultural perceptions and
25            common myths of sexual assault and sexual abuse;
26            and

 

 

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1                (vii) report writing techniques in accordance
2            with the curriculum standards in this paragraph
3            (6).
4            (B) This training must also be presented in all
5        full and part-time basic law enforcement academies.
6            (C) Instructors providing this training shall have
7        successfully completed training on evidence-based,
8        trauma-informed, victim-centered responses to cases of
9        sexual assault and sexual abuse and have experience
10        responding to sexual assault and sexual abuse cases.
11            (D) The Illinois State Police shall adopt rules,
12        in consultation with the Office of the Attorney
13        General and the Illinois Law Enforcement Training
14        Standards Board, to determine the specific training
15        requirements for these courses, including, but not
16        limited to, the following:
17                (i) evidence-based curriculum standards for
18            report writing and immediate response to sexual
19            assault and sexual abuse, including
20            trauma-informed, victim-centered interview
21            techniques, which have been demonstrated to
22            minimize retraumatization, for all State police
23            officers; and
24                (ii) evidence-based curriculum standards for
25            trauma-informed, victim-centered investigation
26            and interviewing techniques, which have been

 

 

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1            demonstrated to minimize retraumatization, for
2            cases of sexual assault and sexual abuse for all
3            State police officers who conduct sexual assault
4            and sexual abuse investigations.
5        (7) Training; human trafficking. The Division of the
6    Academy and Training shall conduct or approve a training
7    program in the detection and investigation of all forms of
8    human trafficking, including, but not limited to,
9    involuntary servitude under subsection (b) of Section 10-9
10    of the Criminal Code of 2012, involuntary sexual servitude
11    of a minor under subsection (c) of Section 10-9 of the
12    Criminal Code of 2012, and trafficking in persons under
13    subsection (d) of Section 10-9 of the Criminal Code of
14    2012. This program shall be made available to all cadets
15    and State police officers.
16        (8) Training; hate crimes. The Division of the Academy
17    and Training shall provide training for State police
18    officers in identifying, responding to, and reporting all
19    hate crimes.
 
20    (20 ILCS 2605/2605-52)
21    Sec. 2605-52. Office of the Statewide 9-1-1 Administrator.
22    (a) There shall be established an Office of the Statewide
239-1-1 Administrator within the Illinois State Police
24Department. Beginning January 1, 2016, the Office of the
25Statewide 9-1-1 Administrator shall be responsible for

 

 

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1developing, implementing, and overseeing a uniform statewide
29-1-1 system for all areas of the State outside of
3municipalities having a population over 500,000.
4    (b) The Governor shall appoint, with the advice and
5consent of the Senate, a Statewide 9-1-1 Administrator. The
6Administrator shall serve for a term of 2 years, and until a
7successor is appointed and qualified; except that the term of
8the first 9-1-1 Administrator appointed under this Act shall
9expire on the third Monday in January, 2017. The Administrator
10shall not hold any other remunerative public office. The
11Administrator shall receive an annual salary as set by the
12Governor.
13    (c) The Illinois State Police Department, from
14appropriations made to it for that purpose, shall make grants
15to 9-1-1 Authorities for the purpose of defraying costs
16associated with 9-1-1 system consolidations awarded by the
17Administrator under Section 15.4b of the Emergency Telephone
18System Act.
19    (d) The Office of the Statewide 9-1-1 Administrator shall
20exercise the rights, powers, and duties vested by law in the
21Illinois State Police by the State Police Radio Act.
22    (e) The Office of the Statewide 9-1-1 Administrator shall
23also conduct the following communication activities:
24        (1) Acquire and operate one or more radio broadcasting
25    stations in the State to be used for police purposes.
26        (2) Operate a statewide communications network to

 

 

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1    gather and disseminate information for law enforcement
2    agencies.
3        (3) Operate an electronic data processing and computer
4    center for the storage and retrieval of data pertaining to
5    criminal activity.
6        (4) Undertake other communication activities that may
7    be required by law.
8(Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17.)
 
9    (20 ILCS 2605/2605-54)
10    Sec. 2605-54. Training policy; persons arrested while
11under the influence of alcohol or drugs. The Illinois State
12Police Department shall adopt a policy and provide training to
13State Police officers concerning response and care for persons
14under the influence of alcohol or drugs. The policy shall be
15consistent with the Substance Use Disorder Act and shall
16provide guidance for the arrest of persons under the influence
17of alcohol or drugs, proper medical attention if warranted,
18and care and release of those persons from custody. The policy
19shall provide guidance concerning the release of persons
20arrested under the influence of alcohol or drugs who are under
21the age of 21 years of age which shall include, but not be
22limited to, language requiring the arresting officer to make a
23reasonable attempt to contact a responsible adult who is
24willing to take custody of the person who is under the
25influence of alcohol or drugs.

 

 

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1(Source: P.A. 100-537, eff. 6-1-18; 100-759, eff. 1-1-19.)
 
2    (20 ILCS 2605/2605-55)
3    Sec. 2605-55. Badges. The Director must authorize to each
4State trooper, police officer, and investigator and to any
5other employee of the Illinois State Police Department
6exercising the powers of a peace officer a distinct badge
7that, on its face, (i) clearly states that the badge is
8authorized by the Illinois State Police Department and (ii)
9contains a unique identifying number. No other badge shall be
10authorized by the Illinois State Police Department.
11(Source: P.A. 91-883, eff. 1-1-01.)
 
12    (20 ILCS 2605/2605-75)  (was 20 ILCS 2605/55a in part)
13    Sec. 2605-75. Bilingual police officers. The Illinois
14State Police Department may ascertain the number of bilingual
15police officers and other personnel needed to provide services
16in a language other than English and may establish, under
17applicable personnel rules and Illinois State Police
18Department guidelines or through a collective bargaining
19agreement, a bilingual pay supplement program.
20(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
21eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98;
2290-793, eff. 8-14-98; 91-239; 1-1-00.)
 
23    (20 ILCS 2605/2605-190)  (was 20 ILCS 2605/55a in part)

 

 

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1    Sec. 2605-190. Other laws in relation to law enforcement.
2To enforce and administer other laws in relation to law
3enforcement to the extent that they vest any rights, powers,
4or duties in the Illinois State Police Department.
5(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
6eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98;
790-793, eff. 8-14-98; 91-239, eff. 1-1-00.)
 
8    (20 ILCS 2605/2605-200)  (was 20 ILCS 2605/55a in part)
9    Sec. 2605-200. Investigations of crime; enforcement of
10laws; records; crime laboratories; personnel.
11    (a) To do the following:
12        (1) Investigate the origins, activities, personnel,
13    and incidents of crime and the ways and means to redress
14    the victims of crimes; study the impact, if any, of
15    legislation relative to the effusion of crime and growing
16    crime rates; and enforce the criminal laws of this State
17    related thereto.
18        (2) Enforce all laws regulating the production, sale,
19    prescribing, manufacturing, administering, transporting,
20    having in possession, dispensing, delivering,
21    distributing, or use of controlled substances and
22    cannabis.
23        (3) Employ skilled experts, scientists, technicians,
24    investigators, or otherwise specially qualified persons to
25    aid in preventing or detecting crime, apprehending

 

 

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1    criminals, or preparing and presenting evidence of
2    violations of the criminal laws of the State.
3        (4) Cooperate with the police of cities, villages, and
4    incorporated towns and with the police officers of any
5    county in enforcing the laws of the State and in making
6    arrests and recovering property.
7        (5) Apprehend and deliver up any person charged in
8    this State or any other state of the United States with
9    treason or a felony or other crime who has fled from
10    justice and is found in this State.
11        (6) Conduct other investigations as provided by law.
12        (7) Be a central repository and custodian of criminal
13    statistics for the State.
14        (8) Be a central repository for criminal history
15    record information.
16        (9) Procure and file for record information that is
17    necessary and helpful to plan programs of crime
18    prevention, law enforcement, and criminal justice.
19        (10) Procure and file for record copies of
20    fingerprints that may be required by law.
21        (11) Establish general and field crime laboratories.
22        (12) Register and file for record information that may
23    be required by law for the issuance of firearm owner's
24    identification cards under the Firearm Owners
25    Identification Card Act and concealed carry licenses under
26    the Firearm Concealed Carry Act.

 

 

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1        (13) Employ laboratory technicians and other specially
2    qualified persons to aid in the identification of criminal
3    activity and the identification, collection, and recovery
4    of cyber forensics, including but not limited to digital
5    evidence, and may employ polygraph operators.
6        (14) Undertake other identification, information,
7    laboratory, statistical, or registration activities that
8    may be required by law.
9    (b) Persons exercising the powers set forth in subsection
10(a) within the Illinois State Police Department are
11conservators of the peace and as such have all the powers
12possessed by policemen in cities and sheriffs, except that
13they may exercise those powers anywhere in the State in
14cooperation with and after contact with the local law
15enforcement officials. Those persons may use false or
16fictitious names in the performance of their duties under this
17Section, upon approval of the Director, and shall not be
18subject to prosecution under the criminal laws for that use.
19(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
20eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98;
2190-793, eff. 8-14-98; 91-239, eff. 1-1-00.)
 
22    (20 ILCS 2605/2605-211)
23    Sec. 2605-211. Protocol; methamphetamine; illegal
24manufacture.
25    (a) The Illinois Department of State Police shall develop

 

 

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1a protocol to be followed in performing gross remediation of
2clandestine laboratory sites not to exceed the standards
3established by the United States Drug Enforcement
4Administration.
5    (b) "Gross remediation" means the removal of any and all
6identifiable clandestine laboratory ingredients and apparatus.
7    (c) The Illinois Department of State Police must post the
8protocol on its official Web site.
9(Source: P.A. 94-555, eff. 8-12-05.)
 
10    (20 ILCS 2605/2605-212)
11    Sec. 2605-212. Children; methamphetamine; protocol. The
12Illinois State Police Department shall cooperate with the
13Department of Children and Family Services and the State Board
14of Education in developing the protocol required under Section
156.5 of the Children and Family Services Act. The Illinois
16State Police Department must post the protocol on the official
17Web site maintained by the Illinois State Police Department.
18(Source: P.A. 94-554, eff. 1-1-06.)
 
19    (20 ILCS 2605/2605-220)  (was 20 ILCS 2605/55a-7)
20    Sec. 2605-220. Public aid fraud investigations. The
21Illinois State Police Department, through the Division of
22Criminal Investigation Operations, shall investigate
23recipients and providers under the Illinois Public Aid Code
24and any personnel involved in the administration of the Code

 

 

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1who are suspected of any violations of the Code pertaining to
2fraud in the administration, receipt, or provision of
3assistance and pertaining to any violation of criminal law.
4The Illinois State Police Department shall, in addition to
5functions otherwise authorized by State and federal law,
6exercise the following functions:
7        (1) Initiate investigations of suspected cases of
8    public aid fraud.
9        (2) Investigate cases of public aid fraud.
10(Source: P.A. 91-239, eff. 1-1-00; 91-760, eff. 1-1-01.)
 
11    (20 ILCS 2605/2605-250)  (was 20 ILCS 2605/55a in part)
12    Sec. 2605-250. Obtaining evidence. To expend the sums the
13Director deems necessary from contractual services
14appropriations for the Illinois State Police Division of
15Operations for the purchase of evidence and for the employment
16of persons to obtain evidence. The sums shall be advanced to
17agents authorized by the Director to expend funds, on vouchers
18signed by the Director.
19(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
20eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98;
2190-793, eff. 8-14-98; 91-239, eff. 1-1-00; 91-760, eff.
221-1-01.)
 
23    (20 ILCS 2605/2605-305)  (was 20 ILCS 2605/55a in part)
24    Sec. 2605-305. Statewide Organized Criminal Gang Database

 

 

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1(SWORD). The Illinois State Police Department may establish
2and maintain, within the Illinois State Police Department, a
3Statewide Organized Criminal Gang Database (SWORD) for the
4purpose of tracking organized criminal gangs and their
5memberships. Information in the database may include, but not
6be limited to, the name, last known address, birth date,
7physical descriptions (such as scars, marks, or tattoos),
8officer safety information, organized gang affiliation, and
9entering agency identifier. The Illinois State Police
10Department may develop, in consultation with the Criminal
11Justice Information Authority, and in a form and manner
12prescribed by the Illinois State Police Department, an
13automated data exchange system to compile, to maintain, and to
14make this information electronically available to prosecutors
15and to other law enforcement agencies. The information may be
16used by authorized agencies to combat the operations of
17organized criminal gangs statewide.
18(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
19eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98;
2090-793, eff. 8-14-98; 91-239, eff. 1-1-00.)
 
21    (20 ILCS 2605/2605-315)  (was 20 ILCS 2605/55a in part)
22    Sec. 2605-315. Criminal history record information for
23Department of Children and Family Services. Upon the request
24of the Department of Children and Family Services, the
25Illinois Department of State Police shall provide properly

 

 

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1designated employees of the Department of Children and Family
2Services with criminal history record information as defined
3in the Illinois Uniform Conviction Information Act and
4information maintained in the statewide central juvenile
5records system as defined in Section 2605-355 if the
6Department of Children and Family Services determines the
7information is necessary to perform its duties under the
8Abused and Neglected Child Reporting Act, the Child Care Act
9of 1969, and the Children and Family Services Act. The request
10shall be in the form and manner specified by the Illinois
11Department of State Police.
12(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
13eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98;
1490-793, eff. 8-14-98; 91-239, eff. 1-1-00.)
 
15    (20 ILCS 2605/2605-320)
16    Sec. 2605-320. Criminal history information for Department
17of Human Services. Upon request of the Department of Human
18Services, to conduct an assessment and evaluation of sexually
19violent persons as mandated by the Sexually Violent Persons
20Commitment Act, the Illinois State Police Department shall
21furnish criminal history information maintained on the
22requested person. The request shall be in the form and manner
23specified by the Illinois State Police Department.
24(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
25eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98;

 

 

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190-793, eff. 8-14-98; 91-239, eff. 1-1-00.)
 
2    (20 ILCS 2605/2605-325)  (was 20 ILCS 2605/55a in part)
3    Sec. 2605-325. Conviction information for school board or
4regional superintendent. On request of a school board or
5regional superintendent of schools, to conduct a
6fingerprint-based criminal history records check pursuant to
7Section 10-21.9 or 34-18.5 of the School Code. The Illinois
8State Police Department shall furnish the conviction
9information to the president of the school board of the school
10district that has requested the information or, if the
11information was requested by the regional superintendent, to
12that regional superintendent.
13(Source: P.A. 93-909, eff. 8-12-04.)
 
14    (20 ILCS 2605/2605-327)
15    Sec. 2605-327. Conviction and sex offender information for
16medical school. Upon the inquiry of a medical school under the
17Medical School Matriculant Criminal History Records Check Act,
18to ascertain whether a matriculant of the medical school has
19been convicted of any violent felony or has been adjudicated a
20sex offender.
21    The Illinois State Police Department shall make sex
22offender information available to the inquiring medical school
23through the Statewide Sex Offender Database. Medical schools
24in this State must conduct an inquiry into the Statewide Sex

 

 

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1Offender Database on all matriculants as part of the
2admissions process.
3    Pursuant to the Medical School Matriculant Criminal
4History Records Check Act, the Illinois State Police
5Department shall conduct a fingerprint-based criminal history
6records check of the Illinois criminal history records
7database and the Federal Bureau of Investigation criminal
8history records database upon the request of a public medical
9school. Pursuant to the Medical School Matriculant Criminal
10History Records Check Act, the Illinois State Police
11Department shall conduct a fingerprint-based, Illinois Uniform
12Conviction Information Act check of the Illinois criminal
13history records database upon the request of a private medical
14school. The Illinois State Police Department may charge the
15requesting public or private medical school a fee for
16conducting the fingerprint-based criminal history records
17check. The fee shall not exceed the cost of the inquiry and
18shall be deposited into the State Police Services Fund.
19(Source: P.A. 94-709, eff. 12-5-05; 94-837, eff. 6-6-06.)
 
20    (20 ILCS 2605/2605-330)  (was 20 ILCS 2605/55a in part)
21    Sec. 2605-330. Firefighter applicant criminal history
22records checks. Upon the request of the chief of a fire
23department or the board of trustees of a fire protection
24district, the Illinois State Police Department shall conduct
25fingerprint-based criminal history records checks of both

 

 

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1State and Federal Bureau of Investigation criminal history
2record databases concerning prospective firefighters and
3report to the requesting chief or the board of trustees of a
4fire protection district any conviction information about
5those persons. The Illinois State Police Department may charge
6the requesting chief or board of trustees a fee for conducting
7the criminal history records check. The fee shall be deposited
8into the State Police Services Fund and shall not exceed the
9cost of the inquiry. The Illinois State Police Department may
10prescribe the form and manner for requesting and furnishing
11conviction information under this Section.
12(Source: P.A. 92-16, eff. 6-28-01; 93-952, eff. 1-1-05.)
 
13    (20 ILCS 2605/2605-335)  (was 20 ILCS 2605/55a in part)
14    Sec. 2605-335. Conviction information for private child
15services organization. Upon the request of any private
16organization that devotes a major portion of its time to the
17provision of recreational, social, educational, or child
18safety services to children, to conduct, pursuant to positive
19identification, criminal background investigations of all of
20that organization's current employees, current volunteers,
21prospective employees, or prospective volunteers charged with
22the care and custody of children during the provision of the
23organization's services, and to report to the requesting
24organization any record of convictions maintained in the
25Illinois State Police's Department's files about those

 

 

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1persons. The Illinois State Police Department shall charge an
2application fee, based on actual costs, for the dissemination
3of conviction information pursuant to this Section. The
4Illinois State Police Department is empowered to establish
5this fee and shall prescribe the form and manner for
6requesting and furnishing conviction information pursuant to
7this Section.
8    Information received by the organization from the Illinois
9State Police Department concerning an individual shall be
10provided to the individual. Any such information obtained by
11the organization shall be confidential and may not be
12transmitted outside the organization and may not be
13transmitted to anyone within the organization except as needed
14for the purpose of evaluating the individual. Only information
15and standards that bear a reasonable and rational relation to
16the performance of child care shall be used by the
17organization.
18    Any employee of the Illinois State Police Department or
19any member, employee, or volunteer of the organization
20receiving confidential information under this Section who
21gives or causes to be given any confidential information
22concerning any criminal convictions of an individual shall be
23guilty of a Class A misdemeanor unless release of the
24information is authorized by this Section.
25(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
26eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98;

 

 

HB3655- 257 -LRB102 16922 WGH 22334 b

190-793, eff. 8-14-98; 91-239, eff. 1-1-00.)
 
2    (20 ILCS 2605/2605-340)  (was 20 ILCS 2605/55a in part)
3    Sec. 2605-340. Conviction information for private carrier
4company under Metropolitan Transit Authority Act. Upon the
5request of a private carrier company that provides
6transportation under Section 28b of the Metropolitan Transit
7Authority Act, to ascertain whether an applicant for a driver
8position has been convicted of any criminal or drug offense
9enumerated in that Section. The Illinois State Police
10Department shall furnish the conviction information to the
11private carrier company that requested the information.
12(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
13eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98;
1490-793, eff. 8-14-98; 91-239, eff. 1-1-00.)
 
15    (20 ILCS 2605/2605-345)
16    Sec. 2605-345. Conviction information for financial
17institutions. Upon the request of (i) an insured depository
18institution, as defined by the Federal Deposit Insurance
19Corporation Act, (ii) a depository institution holding
20company, as defined by the Federal Deposit Insurance
21Corporation Act, (iii) a foreign banking corporation, as
22defined by the Foreign Banking Office Act, (iv) a corporate
23fiduciary, as defined by the Corporate Fiduciary Act, (v) a
24credit union, as defined in the Illinois Credit Union Act, or

 

 

HB3655- 258 -LRB102 16922 WGH 22334 b

1(vi) a subsidiary of any entity listed in items (i) through (v)
2of this Section (each such entity or subsidiary hereinafter
3referred to as a "requesting institution"), to ascertain
4whether any employee of the requesting institution, applicant
5for employment by the requesting institution, or officer,
6director, agent, institution-affiliated party, or any other
7party who owns or controls, directly or indirectly, or
8participates, directly or indirectly, in the affairs of the
9requesting institution, has been convicted of a felony or of
10any criminal offense relating to dishonesty, breach of trust,
11or money laundering, the Illinois State Police Department
12shall furnish the conviction information to the requesting
13institution.
14(Source: P.A. 97-1120, eff. 1-1-13.)
 
15    (20 ILCS 2605/2605-355)  (was 20 ILCS 2605/55a in part)
16    Sec. 2605-355. Delinquent minors; statewide central
17juvenile records system. To develop a separate statewide
18central juvenile records system for persons arrested prior to
19the age of 17 under Section 5-401 of the Juvenile Court Act of
201987 or adjudicated delinquent minors and to make information
21available to local law enforcement officers so that law
22enforcement officers will be able to obtain rapid access to
23the background of the minor from other jurisdictions to the
24end that the juvenile police officers can make appropriate
25decisions that will best serve the interest of the child and

 

 

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1the community. The Illinois State Police Department shall
2submit a quarterly report to the General Assembly and
3Governor. The report shall contain the number of juvenile
4records that the Illinois State Police Department has received
5in that quarter and a list, by category, of offenses that
6minors were arrested for or convicted of by age, race, and
7gender.
8(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
9eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98;
1090-793, eff. 8-14-98; 91-239, eff. 1-1-00.)
 
11    (20 ILCS 2605/2605-375)  (was 20 ILCS 2605/55a in part)
12    Sec. 2605-375. Missing persons; Law Enforcement Agencies
13Data System (LEADS).
14    (a) To utilize the establish and maintain a statewide Law
15Enforcement Agencies Data System (LEADS) for the purpose of
16providing electronic access by authorized entities to criminal
17justice data repositories and effecting an immediate law
18enforcement response to reports of missing persons, including
19lost, missing or runaway minors, lost or missing individuals
20with developmental or intellectual disabilities, and missing
21endangered seniors. The Illinois State Police Department shall
22implement an automatic data exchange system to compile, to
23maintain, and to make available to other law enforcement
24agencies for immediate dissemination data that can assist
25appropriate agencies in recovering missing persons and provide

 

 

HB3655- 260 -LRB102 16922 WGH 22334 b

1access by authorized entities to various data repositories
2available through LEADS for criminal justice and related
3purposes. To assist the Illinois State Police Department in
4this effort, funds may be appropriated from the LEADS
5Maintenance Fund. Funds may be appropriated from the LEADS
6Maintenance Fund to the Illinois State Police Department to
7finance any of its lawful purposes or functions in relation to
8defraying the expenses associated with establishing,
9maintaining, and supporting the issuance of electronic
10citations.
11    (b) In exercising its duties under this Section, the
12Illinois State Police Department shall provide a uniform
13reporting format (LEADS) for the entry of pertinent
14information regarding the report of a missing person into
15LEADS. The report must include all of the following:
16        (1) Relevant information obtained from the
17    notification concerning the missing person, including all
18    of the following:
19            (A) a physical description of the missing person;
20            (B) the date, time, and place that the missing
21        person was last seen; and
22            (C) the missing person's address.
23        (2) Information gathered by a preliminary
24    investigation, if one was made.
25        (3) A statement by the law enforcement officer in
26    charge stating the officer's assessment of the case based

 

 

HB3655- 261 -LRB102 16922 WGH 22334 b

1    on the evidence and information received.
2    (b-5) The Illinois Department of State Police shall:
3        (1) Develop and implement a policy whereby a statewide
4    or regional alert would be used in situations relating to
5    the disappearances of individuals, based on criteria and
6    in a format established by the Illinois State Police
7    Department. Such a format shall include, but not be
8    limited to, the age of the missing person and the
9    suspected circumstance of the disappearance.
10        (2) Notify all law enforcement agencies that reports
11    of missing persons shall be entered as soon as the minimum
12    level of data specified by the Illinois State Police
13    Department is available to the reporting agency and that
14    no waiting period for the entry of the data exists.
15        (3) Compile and retain information regarding lost,
16    abducted, missing, or runaway minors in a separate data
17    file, in a manner that allows that information to be used
18    by law enforcement and other agencies deemed appropriate
19    by the Director, for investigative purposes. The
20    information shall include the disposition of all reported
21    lost, abducted, missing, or runaway minor cases.
22        (4) Compile and maintain an historic data repository
23    relating to lost, abducted, missing, or runaway minors and
24    other missing persons, including, but not limited to, lost
25    or missing individuals with developmental or intellectual
26    disabilities and missing endangered seniors, in order to

 

 

HB3655- 262 -LRB102 16922 WGH 22334 b

1    develop and improve techniques utilized by law enforcement
2    agencies when responding to reports of missing persons.
3        (5) Create a quality control program regarding
4    confirmation of missing person data, timeliness of entries
5    of missing person reports into LEADS, and performance
6    audits of all entering agencies.
7    (c) The Illinois Law Enforcement Training Standards Board
8shall conduct a training program for law enforcement personnel
9of local governmental agencies in the Missing Persons
10Identification Act.
11    (d) The Illinois Department of State Police shall perform
12the duties prescribed in the Missing Persons Identification
13Act, subject to appropriation.
14(Source: P.A. 100-662, eff. 1-1-19.)
 
15    (20 ILCS 2605/2605-377)  (was 20 ILCS 2605/55a in part)
16    Sec. 2605-377. Department of Healthcare and Family
17Services; LEADS access.
18    (a) The Department of Healthcare and Family Services is an
19authorized entity under this Law for the purpose of exchanging
20information, in the form and manner required by the Illinois
21Department of State Police, to facilitate the location of
22individuals for establishing paternity, and establishing,
23modifying, and enforcing child support obligations, pursuant
24to the Illinois Public Aid Code and Title IV, Part D of the
25Social Security Act.

 

 

HB3655- 263 -LRB102 16922 WGH 22334 b

1    (b) The Department of Healthcare and Family Services is an
2authorized entity under this Section for the purpose of
3obtaining access to various data repositories available
4through LEADS, to facilitate the location of individuals for
5establishing paternity, and establishing, modifying, and
6enforcing child support obligations, pursuant to the Illinois
7Public Aid Code and Title IV, Part D of the Social Security
8Act. The Illinois State Police Department shall enter into an
9agreement with the Department of Healthcare and Family
10Services consistent with these purposes.
11(Source: P.A. 95-331, eff. 8-21-07.)
 
12    (20 ILCS 2605/2605-378)
13    Sec. 2605-378. I-CLEAR. The Illinois Department of State
14Police shall provide for the entry into the Illinois Citizens
15and Law Enforcement Analysis and Reporting System (I-CLEAR) of
16the names and addresses of arsonists as defined in the
17Arsonist Registration Act who are required to register under
18that Act. The information shall be immediately accessible to
19law enforcement agencies and peace officers of this State or
20any other state or of the federal government. Similar
21information may be requested from any other state or of the
22federal government for the purposes of that Act.
23(Source: P.A. 93-949, eff. 1-1-05.)
 
24    (20 ILCS 2605/2605-380)  (was 20 ILCS 2605/55a-8)

 

 

HB3655- 264 -LRB102 16922 WGH 22334 b

1    Sec. 2605-380. Dental records. The Illinois State Police
2Department shall do the following:
3        (1) Coordinate State participation in a national
4    central repository for dental records of missing persons
5    and unidentified dead bodies.
6        (2) Receive and file dental records submitted by
7    county medical examiners and coroners from unidentified
8    dead bodies and submitted by law enforcement agencies from
9    persons reported missing for more than 30 days.
10        (3) Provide information from the file on possible
11    identifications resulting from the comparison of dental
12    records submitted with those records on file, to county
13    medical examiners, coroners, and law enforcement agencies.
14        (4) Expunge the dental records of those missing
15    persons who are found, and expunge from the file the
16    dental records of missing persons who are positively
17    identified as a result of comparisons made with this file
18    or the files maintained by other states, territories,
19    insular possessions of the United States, or the United
20    States.
21(Source: P.A. 91-239, eff. 1-1-00; 91-760, eff. 1-1-01.)
 
22    (20 ILCS 2605/2605-400)  (was 20 ILCS 2605/55a in part)
23    Sec. 2605-400. Fees; State Police Services Fund; audit.
24    (a) To charge, collect, and receive fees or moneys
25equivalent to the cost of providing Illinois State Police

 

 

HB3655- 265 -LRB102 16922 WGH 22334 b

1Department personnel, equipment, and services to local
2governmental agencies when explicitly requested by a local
3governmental agency and pursuant to an intergovernmental
4agreement as provided by this Law, other State agencies, and
5federal agencies, including but not limited to fees or moneys
6equivalent to the cost of providing dispatching services,
7radio and radar repair, and training to local governmental
8agencies on terms and conditions that in the judgment of the
9Director are in the best interest of the State; and to
10establish, charge, collect, and receive fees or moneys based
11on the cost of providing responses to requests for criminal
12history record information pursuant to positive identification
13and any Illinois or federal law authorizing access to some
14aspect of that information and to prescribe the form and
15manner for requesting and furnishing the information to the
16requestor on terms and conditions that in the judgment of the
17Director are in the best interest of the State, provided fees
18for requesting and furnishing criminal history record
19information may be waived for requests in the due
20administration of the criminal laws. The Illinois State Police
21Department may also charge, collect, and receive fees or
22moneys equivalent to the cost of providing electronic data
23processing lines or related telecommunication services to
24local governments, but only when those services can be
25provided by the Illinois State Police Department at a cost
26less than that experienced by those local governments through

 

 

HB3655- 266 -LRB102 16922 WGH 22334 b

1other means. All services provided by the Illinois State
2Police Department shall be conducted pursuant to contracts in
3accordance with the Intergovernmental Cooperation Act, and all
4telecommunication services shall be provided pursuant to the
5provisions of Section 405-270 of the Department of Central
6Management Services Law (20 ILCS 405/405-270).
7    (b) All fees received by the Illinois State Police
8Department under the Civil Administrative Code of Illinois or
9the Illinois Uniform Conviction Information Act shall be
10deposited in a special fund in the State treasury to be known
11as the State Police Services Fund. The money deposited in the
12State Police Services Fund shall be appropriated to the
13Illinois State Police Department for expenses of the Illinois
14State Police Department.
15    (c) Upon the completion of any audit of the Illinois State
16Police Department as prescribed by the Illinois State Auditing
17Act, which audit includes an audit of the State Police
18Services Fund, the Illinois State Police Department shall make
19the audit open to inspection by any interested person.
20(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
21eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98;
2290-793, eff. 8-14-98; 91-239, eff. 1-1-00.)
 
23    (20 ILCS 2605/2605-405)  (was 20 ILCS 2605/55a in part)
24    Sec. 2605-405. Applying for grants or contracts; moneys
25from other entities. To apply for grants or contracts and

 

 

HB3655- 267 -LRB102 16922 WGH 22334 b

1receive, expend, allocate, or disburse funds and moneys made
2available by public or private entities, including, but not
3limited to, contracts, bequests, grants, or receiving
4equipment from corporations, foundations, or public or private
5institutions of higher learning. All funds received by the
6Illinois State Police Department from these sources shall be
7deposited into the appropriate fund in the State treasury to
8be appropriated to the Illinois State Police Department for
9purposes as indicated by the grantor or contractor or, in the
10case of funds or moneys bequeathed or granted for no specific
11purpose, for any purpose deemed appropriate by the Director in
12administering the responsibilities of the Illinois State
13Police Department.
14(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
15eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98;
1690-793, eff. 8-14-98; 91-239, eff. 1-1-00.)
 
17    (20 ILCS 2605/2605-407)
18    Sec. 2605-407. Illinois State Police Federal Projects
19Fund. The Illinois State Police Federal Projects Fund is
20established as a federal trust fund in the State treasury.
21This federal Trust Fund is established to receive funds
22awarded to the Illinois Department of State Police from the
23following: (i) all federal departments and agencies for the
24specific purposes established by the terms and conditions of
25the federal awards and (ii) federal pass-through grants from

 

 

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1State departments and agencies for the specific purposes
2established by the terms and conditions of the grant
3agreements. Any interest earnings that are attributable to
4moneys in the federal trust fund must be deposited into the
5Fund.
6(Source: P.A. 97-116, eff. 1-1-12; 97-826, eff. 7-18-12.)
 
7    (20 ILCS 2605/2605-410)
8    Sec. 2605-410. Over Dimensional Load Police Escort Fund.
9To charge, collect, and receive fees or moneys as described in
10Section 15-312 of the Illinois Vehicle Code. All fees received
11by the Illinois State Police under Section 15-312 of the
12Illinois Vehicle Code shall be deposited into the Over
13Dimensional Load Police Escort Fund, a special fund that is
14created in the State treasury. Subject to appropriation, the
15money in the Over Dimensional Load Police Escort Fund shall be
16used by the Illinois State Police Department for its expenses
17in providing police escorts and commercial vehicle enforcement
18activities.
19(Source: P.A. 95-787, eff. 1-1-09.)
 
20    (20 ILCS 2605/2605-420)  (was 20 ILCS 2605/55a in part)
21    Sec. 2605-420. Assisting victims and witnesses of gang
22crime. To assist victims and witnesses in gang crime
23prosecutions through the administration of funds appropriated
24from the Gang Violence Victims and Witnesses Fund to the

 

 

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1Illinois State Police Department. Those funds shall be
2appropriated to the Illinois State Police Department and shall
3only be used to assist victims and witnesses in gang crime
4prosecutions. The assistance may include any of the following:
5        (1) Temporary living costs.
6        (2) Moving expenses.
7        (3) Closing costs on the sale of a private residence.
8        (4) First month's rent.
9        (5) Security deposits.
10        (6) Apartment location assistance.
11        (7) Other expenses that the Illinois State Police
12    Department considers appropriate.
13        (8) Compensation for any loss of or injury to real or
14    personal property resulting from a gang crime to a maximum
15    of $5,000, subject to the following provisions:
16            (A) In the case of loss of property, the amount of
17        compensation shall be measured by the replacement cost
18        of similar or like property that has been incurred by
19        and that is substantiated by the property owner.
20            (B) In the case of injury to property, the amount
21        of compensation shall be measured by the cost of
22        repair incurred and that can be substantiated by the
23        property owner.
24            (C) Compensation under this provision is a
25        secondary source of compensation and shall be reduced
26        by any amount the property owner receives from any

 

 

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1        other source as compensation for the loss or injury,
2        including, but not limited to, personal insurance
3        coverage.
4            (D) No compensation may be awarded if the property
5        owner was an offender or an accomplice of the offender
6        or if the award would unjustly benefit the offender or
7        offenders or an accomplice of the offender or
8        offenders.
9    No victim or witness may receive assistance under this
10Section if he or she is not a part of or fails to fully
11cooperate in the prosecution of gang crime members by law
12enforcement authorities.
13    The Illinois State Police Department shall promulgate any
14rules necessary for the implementation of this amendatory Act
15of 1985.
16(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
17eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98;
1890-793, eff. 8-14-98; 91-239, eff. 1-1-00.)
 
19    (20 ILCS 2605/2605-475)  (was 20 ILCS 2605/55a in part)
20    Sec. 2605-475.Emergency Telephone System Act. The Illinois
21State Police Department and Statewide 9-1-1 Administrator
22shall exercise the powers and perform the duties specifically
23assigned to each under the Emergency Telephone System Act.
24Nothing in the Emergency Telephone System Act shall require
25the Illinois Department of State Police to provide wireless

 

 

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1enhanced 9-1-1 services.
2(Source: P.A. 100-20, eff. 7-1-17.)
 
3    (20 ILCS 2605/2605-480)
4    Sec. 2605-480. Statewide kidnapping alert and prevention
5program; Child Safety Coordinator.
6    (a) The Illinois Department of State Police shall develop
7a coordinated program for a statewide emergency alert system
8when a child is missing or kidnapped. The system shall
9include, but is not limited to, the use in coordination with
10the Illinois Department of Transportation, of electronic
11message signs on roads and highways in the vicinity of a child
12abduction to immediately provide critical information to the
13public.
14    (b) The Illinois Department of State Police shall
15establish an AMBER Plan Task Force to monitor and review the
16implementation and operation of the system developed under
17subsection (a), including procedures, budgetary requirements,
18and response protocols. The Task Force shall also develop
19additional network resources for use in the system.
20    (c) The Illinois Department of State Police, in
21coordination with the Illinois Emergency Management Agency,
22shall develop and implement a community outreach program to
23promote awareness among the State's parents and children of
24child abduction prevention and response.
25    (d) The Illinois Department of State Police, in

 

 

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1coordination with the State Board of Education, shall develop
2child abduction prevention instruction for inclusion in
3elementary and secondary school curricula throughout the
4State. The Illinois State Police Department and State Board of
5Education shall encourage the inclusion of the child abduction
6prevention instruction in private elementary and secondary
7school curricula throughout the State.
8    (e) The Illinois State Police Department shall appoint a
9Child Safety Coordinator to assist in the establishment of
10State standards for child safety from kidnap and abduction and
11to advocate for the achievement of those standards. The Child
12Safety Coordinator shall have the qualifications and
13experience that the Illinois State Police Department shall
14require by rule. The Child Safety Coordinator shall receive no
15compensation but shall be reimbursed for his or her expenses
16from the Illinois State Police's Department's operations
17budget. No funds shall be appropriated solely for the expenses
18of the Child Safety Coordinator. The Illinois State Police
19Department shall provide technical assistance for the Child
20Safety Coordinator from its existing resources.
21(Source: P.A. 92-259, eff. 1-1-02; 92-468, eff. 8-22-01;
2293-310, eff. 7-23-03.)
 
23    (20 ILCS 2605/2605-485)
24    Sec. 2605-485. Endangered Missing Person Advisory.
25    (a) A coordinated program known as the Endangered Missing

 

 

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1Person Advisory is established within the Illinois Department
2of State Police. The purpose of the Endangered Missing Person
3Advisory is to provide a regional system for the rapid
4dissemination of information regarding a missing person who is
5believed to be a high-risk missing person as defined in
6Section 10 of the Missing Persons Identification Act.
7    (b) The AMBER Plan Task Force, established under Section
82605-480 of this the Department of State Police Law, shall
9serve as the task force for the Endangered Missing Person
10Advisory. The AMBER Plan Task Force shall monitor and review
11the implementation and operation of the regional system
12developed under subsection (a), including procedures,
13budgetary requirements, and response protocols. The AMBER Plan
14Task Force shall also develop additional network resources for
15use in the system.
16    (c) The Illinois Department of State Police, in
17coordination with the Illinois Department on Aging, shall
18develop and implement a community outreach program to promote
19awareness among the State's healthcare facilities, nursing
20homes, assisted living facilities, and other senior centers.
21The guidelines and procedures shall ensure that specific
22health information about the missing person is not made public
23through the alert or otherwise.
24    (c-5) Subject to appropriation, the Illinois Department of
25State Police, in coordination with the Illinois Department of
26Human Services, shall develop and implement a community

 

 

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1outreach program to promote awareness of the Endangered
2Missing Person Advisory among applicable entities, including,
3but not limited to, developmental disability facilities as
4defined in Section 1-107 of the Mental Health and
5Developmental Disabilities Code. The guidelines and procedures
6shall ensure that specific health information about the
7missing person is not made public through the alert or
8otherwise.
9    (d) The Child Safety Coordinator, created under Section
102605-480 of this the Department of State Police Law, shall act
11in the dual capacity of Child Safety Coordinator and
12Endangered Missing Person Coordinator. The Coordinator shall
13assist in the establishment of State standards and monitor the
14availability of federal funding that may become available to
15further the objectives of the Endangered Missing Person
16Advisory. The Illinois State Police Department shall provide
17technical assistance for the Coordinator from its existing
18resources.
19    (e)(1) The Illinois Department of State Police, in
20cooperation with the Silver Search Task Force, shall develop
21as part of the Endangered Missing Person Advisory a
22coordinated statewide awareness program and toolkit to be used
23when a person 21 years of age or older who is believed to have
24Alzheimer's disease, other related dementia, or other
25dementia-like cognitive impairment is reported missing, which
26shall be referred to as Silver Search.

 

 

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1    (2) The Illinois State Police Department shall complete
2development and deployment of the Silver Search Awareness
3Program and toolkit on or before July 1, 2017.
4    (3) The Illinois Department of State Police shall
5establish a Silver Search Task Force within 90 days after the
6effective date of this amendatory Act of the 99th General
7Assembly to assist the Illinois State Police Department in
8development and deployment of the Silver Search Awareness
9Program and toolkit. The Task Force shall establish the
10criteria and create a toolkit, which may include usage of
11Department of Transportation signs, under Section 2705-505.6
12of the Department of Transportation Law of the Civil
13Administrative Code of Illinois. The Task Force shall monitor
14and review the implementation and operation of that program,
15including procedures, budgetary requirements, standards, and
16minimum requirements for the training of law enforcement
17personnel on how to interact appropriately and effectively
18with individuals that suffer from Alzheimer's disease, other
19dementia, or other dementia-like cognitive impairment. The
20Task Force shall also develop additional network and financial
21resources for use in the system. The Task Force shall include,
22but is not limited to, one representative from each of the
23following:
24        (A) the Illinois Department of State Police;
25        (B) the Department on Aging;
26        (C) the Department of Public Health;

 

 

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1        (D) the Illinois Law Enforcement Training Standards
2    Board;
3        (E) the Illinois Emergency Management Agency;
4        (F) the Secretary of State;
5        (G) the Department of Transportation;
6        (H) the Department of the Lottery;
7        (I) the Illinois Toll Highway Authority;
8        (J) a State association dedicated to Alzheimer's care,
9    support, and research;
10        (K) a State association dedicated to improving quality
11    of life for persons age 50 and over;
12        (L) a State group of area agencies involved in
13    planning and coordinating services and programs for older
14    persons in their respective areas;
15        (M) a State organization dedicated to enhancing
16    communication and cooperation between sheriffs;
17        (N) a State association of police chiefs and other
18    leaders of police and public safety organizations;
19        (O) a State association representing Illinois
20    publishers;
21        (P) a State association that advocates for the
22    broadcast industry;
23        (Q) a member of a large wireless telephone carrier;
24    and
25        (R) a member of a small wireless telephone carrier.
26    The members of the Task Force designated in subparagraphs

 

 

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1(A) through (I) of this paragraph (3) shall be appointed by the
2head of the respective agency. The members of the Task Force
3designated in subparagraphs (J) through (R) of this paragraph
4(3) shall be appointed by the Director of the Illinois State
5Police. The Director of the Illinois State Police or his or her
6designee shall serve as Chair of the Task Force.
7    The Task Force shall meet at least twice a year and shall
8provide a report on the operations of the Silver Search
9Program to the General Assembly and the Governor each year by
10June 30.
11    (4) Subject to appropriation, the Illinois Department of
12State Police, in coordination with the Department on Aging and
13the Silver Search Task Force, shall develop and implement a
14community outreach program to promote awareness of the Silver
15Search Program as part of the Endangered Missing Person
16Advisory among law enforcement agencies, the State's
17healthcare facilities, nursing homes, assisted living
18facilities, other senior centers, and the general population
19on or before January 1, 2017.
20    (5) The Child Safety Coordinator, created under Section
212605-480 of this the Department of State Police Law of the
22Civil Administrative Code of Illinois, shall act in the
23capacity of Child Safety Coordinator, Endangered Missing
24Person Coordinator, and Silver Search Program Coordinator. The
25Coordinator, in conjunction with the members of the Task
26Force, shall assist the Illinois State Police Department and

 

 

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1the Silver Search Task Force in the establishment of State
2standards and monitor the availability of federal and private
3funding that may become available to further the objectives of
4the Endangered Missing Person Advisory and Silver Search
5Awareness Program. The Illinois State Police Department shall
6provide technical assistance for the Coordinator from its
7existing resources.
8    (6) The Illinois Department of State Police shall provide
9administrative and other support to the Task Force.
10(Source: P.A. 99-322, eff. 1-1-16; 100-662, eff. 1-1-19.)
 
11    (20 ILCS 2605/2605-505)  (was 20 ILCS 2605/55b)
12    Sec. 2605-505. Local citizens radio groups. The Illinois
13State Police Department is authorized to use local citizens
14radio groups in connection with its communication duties under
15the Civil Administrative Code of Illinois and to coordinate
16those local citizens radio groups with the functions of local
17law enforcement agencies as the Illinois State Police
18Department deems advisable. With the approval of the Illinois
19State Police Department, those local citizens radio groups
20shall be eligible for law enforcement grants.
21(Source: P.A. 91-239, eff. 1-1-00.)
 
22    (20 ILCS 2605/2605-550)  (was 20 ILCS 2605/55a in part)
23    Sec. 2605-550. Transfer of realty to State agency;
24acquisition of federal land. To transfer jurisdiction of any

 

 

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1realty title to which is held by the State of Illinois under
2the control of the Illinois State Police Department to any
3other department of the State government or to the State
4Employees Housing Commission or to acquire or accept federal
5land when the transfer, acquisition, or acceptance is
6advantageous to the State and is approved in writing by the
7Governor.
8(Source: P.A. 90-18, eff. 7-1-97; 90-130, eff. 1-1-98; 90-372,
9eff. 7-1-98; 90-590, eff. 1-1-00; 90-655, eff. 7-30-98;
1090-793, eff. 8-14-98; 91-239, eff. 1-1-00.)
 
11    (20 ILCS 2605/2605-575)
12    Sec. 2605-575. Children's fingerprints. With the written
13permission of the child's parent or guardian, the Illinois
14State Police Department may retain the fingerprint record of a
15child fingerprinted by the Illinois State Police Department at
16any location of collection, such as a State fair, county fair,
17or other place the Illinois State Police Department collects
18such data. The record may be retained and used only if the
19child is later missing or abducted, if an Amber Alert is issued
20for that child, or if a missing person report is filed for that
21child with one or more local law enforcement agencies, and for
22no other purpose. After the child reaches the age of 18, the
23record must be destroyed unless the Illinois State Police
24Department, within a reasonable period after the fingerprinted
25person's 18th birthday, obtains the permission of the

 

 

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1fingerprinted person to retain the fingerprint record.
2(Source: P.A. 94-481, eff. 1-1-06.)
 
3    (20 ILCS 2605/2605-585)
4    Sec. 2605-585. Money Laundering Asset Recovery Fund.
5Moneys and the sale proceeds distributed to the Illinois
6Department of State Police under paragraph (3) of Section
729B-26 of the Criminal Code of 2012 shall be deposited in a
8special fund in the State treasury to be known as the Money
9Laundering Asset Recovery Fund. The moneys deposited in the
10Money Laundering Asset Recovery Fund shall be appropriated to
11and administered by the Illinois Department of State Police
12for State law enforcement purposes.
13(Source: P.A. 100-699, eff. 8-3-18.)
 
14    (20 ILCS 2605/2605-590)
15    Sec. 2605-590. Drug Traffic Prevention Fund. Moneys
16deposited into the Drug Traffic Prevention Fund pursuant to
17subsection (e) of Section 5-9-1.1 and subsection (c) of
18Section 5-9-1.1-5 of the Unified Code of Corrections shall be
19appropriated to and administered by the Illinois Department of
20State Police for funding of drug task forces and Metropolitan
21Enforcement Groups in accordance with the Intergovernmental
22Drug Laws Enforcement Act.
23(Source: P.A. 98-463, eff. 8-16-13.)
 

 

 

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1    (20 ILCS 2605/2605-595)
2    Sec. 2605-595. State Police Firearm Services Fund.
3    (a) There is created in the State treasury a special fund
4known as the State Police Firearm Services Fund. The Fund
5shall receive revenue under the Firearm Concealed Carry Act
6and Section 5 of the Firearm Owners Identification Card Act.
7The Fund may also receive revenue from grants, pass-through
8grants, donations, appropriations, and any other legal source.
9    (b) The Illinois Department of State Police may use moneys
10in the Fund to finance any of its lawful purposes, mandates,
11functions, and duties under the Firearm Owners Identification
12Card Act and the Firearm Concealed Carry Act, including the
13cost of sending notices of expiration of Firearm Owner's
14Identification Cards, concealed carry licenses, the prompt and
15efficient processing of applications under the Firearm Owners
16Identification Card Act and the Firearm Concealed Carry Act,
17the improved efficiency and reporting of the LEADS and federal
18NICS law enforcement data systems, and support for
19investigations required under these Acts and law. Any surplus
20funds beyond what is needed to comply with the aforementioned
21purposes shall be used by the Illinois State Police Department
22to improve the Law Enforcement Agencies Data System (LEADS)
23and criminal history background check system.
24    (c) Investment income that is attributable to the
25investment of moneys in the Fund shall be retained in the Fund
26for the uses specified in this Section.

 

 

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1(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
 
2    (20 ILCS 2605/2605-600)
3    Sec. 2605-600. Crimes Against Police Officers Advisory.
4    (a) For purposes of this Section:
5        "Attempt" has the meaning ascribed to that term in
6    Section 8-4 of the Criminal Code of 2012.
7        "Concealment of homicidal death" has the meaning
8    ascribed to that term in Section 9-3.4 of the Criminal
9    Code of 2012.
10        "First degree murder" has the meaning ascribed to that
11    term in Section 9-1 of the Criminal Code of 2012.
12        "Involuntary manslaughter" and "reckless homicide"
13    have the meanings ascribed to those terms in Section 9-3
14    of the Criminal Code of 2012.
15        "Second degree murder" has the meaning ascribed to
16    that term in Section 9-2 of the Criminal Code of 2012.
17    (b) A coordinated program known as the Crimes Against
18Police Officers Advisory is established within the Illinois
19Department of State Police. The purpose of the Crimes Against
20Police Officers Advisory is to provide a regional system for
21the rapid dissemination of information regarding a person who
22is suspected of committing or attempting to commit any of the
23offenses described in subsection (c).
24    (c) The Illinois Department of State Police shall develop
25an advisory to assist law enforcement agencies when the

 

 

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1commission or attempted commission of the following offenses
2against a peace officer occur:
3        (1) first degree murder;
4        (2) second degree murder;
5        (3) involuntary manslaughter;
6        (4) reckless homicide; and
7        (5) concealment of homicidal death.
8    (d) Law enforcement agencies participating in the advisory
9may request assistance when:
10        (1) the agency believes that a suspect has not been
11    apprehended;
12        (2) the agency believes that the suspect may be a
13    serious threat to the public; and
14        (3) sufficient information is available to disseminate
15    to the public that could assist in locating the suspect.
16    (e) The Illinois Department of State Police shall reserve
17the authority to determine if dissemination of the information
18will pose a significant risk to the public or jeopardize the
19investigation.
20    (f) The Illinois Department of State Police may partner
21with media and may request a media broadcast concerning
22details of the suspect in order to obtain the public's
23assistance in locating the suspect or vehicle used in the
24offense, or both.
25(Source: P.A. 98-263, eff. 1-1-14; 98-756, eff. 7-16-14.)
 

 

 

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1    (20 ILCS 2605/2605-605)
2    Sec. 2605-605. Violent Crime Intelligence Task Force. The
3Director of the Illinois State Police may establish a
4statewide multi-jurisdictional Violent Crime Intelligence Task
5Force led by the Illinois Department of State Police dedicated
6to combating gun violence, gun-trafficking, and other violent
7crime with the primary mission of preservation of life and
8reducing the occurrence and the fear of crime. The objectives
9of the Task Force shall include, but not be limited to,
10reducing and preventing illegal possession and use of
11firearms, firearm-related homicides, and other violent crimes.
12    (1) The Task Force may develop and acquire information,
13training, tools, and resources necessary to implement a
14data-driven approach to policing, with an emphasis on
15intelligence development.
16    (2) The Task Force may utilize information sharing,
17partnerships, crime analysis, and evidence-based practices to
18assist in the reduction of firearm-related shootings,
19homicides, and gun-trafficking.
20    (3) The Task Force may recognize and utilize best
21practices of community policing and may develop potential
22partnerships with faith-based and community organizations to
23achieve its goals.
24    (4) The Task Force may identify and utilize best practices
25in drug-diversion programs and other community-based services
26to redirect low-level offenders.

 

 

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1    (5) The Task Force may assist in violence suppression
2strategies including, but not limited to, details in
3identified locations that have shown to be the most prone to
4gun violence and violent crime, focused deterrence against
5violent gangs and groups considered responsible for the
6violence in communities, and other intelligence driven methods
7deemed necessary to interrupt cycles of violence or prevent
8retaliation.
9    (6) In consultation with the Chief Procurement Officer,
10the Illinois Department of State Police may obtain contracts
11for software, commodities, resources, and equipment to assist
12the Task Force with achieving this Act. Any contracts
13necessary to support the delivery of necessary software,
14commodities, resources, and equipment are not subject to the
15Illinois Procurement Code, except for Sections 20-60, 20-65,
1620-70, and 20-160 and Article 50 of that Code, provided that
17the Chief Procurement Officer may, in writing with
18justification, waive any certification required under Article
1950 of the Illinois Procurement Code.
20(Source: P.A. 100-3, eff. 1-1-18.)
 
21    (20 ILCS 2605/2605-610)
22    Sec. 2605-610. Possession of a Firearm Owner's
23Identification Card. The Illinois State Police Department
24shall not make possession of a Firearm Owner's Identification
25Card a condition of continued employment if the State Police

 

 

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1officer's Firearm Owner's Identification Card is revoked or
2seized because the State Police officer has been a patient of a
3mental health facility and the State Police officer has not
4been determined to pose a clear and present danger to himself,
5herself, or others as determined by a physician, clinical
6psychologist, or qualified examiner. Nothing is this Section
7shall otherwise impair an employer's ability to determine a
8State Police officer's fitness for duty. A collective
9bargaining agreement already in effect on this issue on the
10effective date of this amendatory Act of the 101st General
11Assembly cannot be modified, but on or after the effective
12date of this amendatory Act of the 101st General Assembly, the
13employer cannot require a Firearm Owner's Identification Card
14as a condition of continued employment in a collective
15bargaining agreement. The employer shall document if and why a
16State Police officer has been determined to pose a clear and
17present danger.
18(Source: P.A. 101-375, eff. 8-16-19.)
 
19    (20 ILCS 2605/2605-85 rep.)
20    (20 ILCS 2605/2605-90 rep.)
21    (20 ILCS 2605/2605-95 rep.)
22    (20 ILCS 2605/2605-96 rep.)
23    (20 ILCS 2605/2605-97 rep.)
24    (20 ILCS 2605/2605-98 rep.)
25    (20 ILCS 2605/2605-99 rep.)

 

 

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1    (20 ILCS 2605/2605-100 rep.)
2    (20 ILCS 2605/2605-105 rep.)
3    (20 ILCS 2605/2605-110 rep.)
4    (20 ILCS 2605/2605-115 rep.)
5    (20 ILCS 2605/2605-120 rep.)
6    (20 ILCS 2605/2605-130 rep.)
7    (20 ILCS 2605/2605-135 rep.)
8    (20 ILCS 2605/2605-140 rep.)
9    (20 ILCS 2605/2605-300 rep.)
10    (20 ILCS 2605/2605-390 rep.)
11    (20 ILCS 2605/2605-500 rep.)
12    Section 197. The Department of State Police Law of the
13Civil Administrative Code of Illinois is amended by repealing
14Sections 2605-85, 2605-90, 2605-95, 2605-96, 2605-97, 2605-98,
152605-99, 2605-100, 2605-105, 2605-110, 2605-115, 2605-120,
162605-130, 2605-135, 2605-140, 2605-300, 2605-390, and
172605-500.
 
18    Section 200. The State Police Act is amended by changing
19the title of the Act and Sections 0.01, 1, 2, 3, 8, 9, 10,
2012.2, 12.5, 13, 14, 16, 17b, 18, 20, 21, 22, 24, 30, 35, 38,
2140, and 45 as follows:
 
22    (20 ILCS 2610/Act title)
23An Act in relation to the Illinois Department of State
24Police.
 

 

 

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1    (20 ILCS 2610/0.01)  (from Ch. 121, par. 307.01)
2    Sec. 0.01. Short title. This Act may be cited as the
3Illinois State Police Act.
4(Source: P.A. 86-1324.)
 
5    (20 ILCS 2610/1)  (from Ch. 121, par. 307.1)
6    Sec. 1. The Illinois Department of State Police,
7hereinafter called the Department, shall maintain divisions in
8accordance with Section 2605-25 of the Illinois Department of
9State Police Law (20 ILCS 2605/2605-25). The Illinois State
10Police Department, by the Director, shall appoint State
11policemen, also known as State Police Officers, as provided in
12this Act.
13(Source: P.A. 91-239, eff. 1-1-00.)
 
14    (20 ILCS 2610/2)  (from Ch. 121, par. 307.2)
15    Sec. 2. The Director shall be responsible for the
16management and control of the Illinois State Police
17Department. The Director shall make and adopt rules and
18regulations for the direction, control, discipline and conduct
19of the members of the Illinois State Police Department and
20such other rules for the government and operation of the
21Illinois State Police Department as he may deem necessary. He
22shall also designate the authority and responsibility within
23the limits of this Act for each rank of State policemen in the

 

 

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1Illinois State Police Department.
2(Source: P.A. 85-1042.)
 
3    (20 ILCS 2610/3)  (from Ch. 121, par. 307.3)
4    Sec. 3. The Governor shall appoint, by and with the advice
5and consent of the Senate, an Illinois a Department of State
6Police Merit Board, hereinafter called the Board, consisting
7of 5 members to hold office, one until the third Monday in
8March, 1951, one until the third Monday in March, 1953, and one
9until the third Monday in March, 1955, and until their
10respective successors are appointed and qualified. One of the
11members added by this amendatory Act of 1977 shall serve a term
12expiring on the third Monday in March, 1980, and until his
13successor is appointed and qualified, and one shall serve a
14term expiring on the third Monday in March, 1982, and until his
15successor is appointed and qualified. Upon the expiration of
16the terms of office of those first appointed, their respective
17successors shall be appointed to hold office from the third
18Monday in March of the year of their respective appointments
19for a term of six years and until their successors are
20appointed and qualified for a like term. No more than 3 members
21of the Board shall be affiliated with the same political
22party. If the Senate is not in session at the time initial
23appointments are made pursuant to this section, the Governor
24shall make temporary appointments as in the case of a vacancy.
25(Source: P.A. 87-284.)
 

 

 

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1    (20 ILCS 2610/8)  (from Ch. 121, par. 307.8)
2    Sec. 8. The Board shall exercise jurisdiction over the
3certification for appointment and promotion, and over the
4discipline, removal, demotion and suspension of Illinois
5Department of State Police officers. Pursuant to recognized
6merit principles of public employment, the Board shall
7formulate, adopt, and put into effect rules, regulations and
8procedures for its operation and the transaction of its
9business. The Board shall establish a classification of ranks
10of persons subject to its jurisdiction and shall set standards
11and qualifications for each rank. Each Illinois Department of
12State Police officer appointed by the Director shall be
13classified as a State Police officer as follows: trooper,
14sergeant, master sergeant, lieutenant, captain, major, or
15Special Agent.
16(Source: P.A. 100-49, eff. 1-1-18.)
 
17    (20 ILCS 2610/9)  (from Ch. 121, par. 307.9)
18    Sec. 9. Appointment; qualifications.
19    (a) Except as otherwise provided in this Section, the
20appointment of Illinois Department of State Police officers
21shall be made from those applicants who have been certified by
22the Board as being qualified for appointment. All persons so
23appointed shall, at the time of their appointment, be not less
24than 21 years of age, or 20 years of age and have successfully

 

 

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1completed an associate's degree or 60 credit hours at an
2accredited college or university. Any person appointed
3subsequent to successful completion of an associate's degree
4or 60 credit hours at an accredited college or university
5shall not have power of arrest, nor shall he or she be
6permitted to carry firearms, until he or she reaches 21 years
7of age. In addition, all persons so certified for appointment
8shall be of sound mind and body, be of good moral character, be
9citizens of the United States, have no criminal records,
10possess such prerequisites of training, education, and
11experience as the Board may from time to time prescribe so long
12as persons who have an associate's degree or 60 credit hours at
13an accredited college or university are not disqualified, and
14shall be required to pass successfully such mental and
15physical tests and examinations as may be prescribed by the
16Board. All persons who meet one of the following requirements
17are deemed to have met the collegiate educational
18requirements:
19        (i) have been honorably discharged and who have been
20    awarded a Southwest Asia Service Medal, Kosovo Campaign
21    Medal, Korean Defense Service Medal, Afghanistan Campaign
22    Medal, Iraq Campaign Medal, or Global War on Terrorism
23    Expeditionary Medal by the United States Armed Forces;
24        (ii) are active members of the Illinois National Guard
25    or a reserve component of the United States Armed Forces
26    and who have been awarded a Southwest Asia Service Medal,

 

 

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1    Kosovo Campaign Medal, Korean Defense Service Medal,
2    Afghanistan Campaign Medal, Iraq Campaign Medal, or Global
3    War on Terrorism Expeditionary Medal as a result of
4    honorable service during deployment on active duty;
5        (iii) have been honorably discharged who served in a
6    combat mission by proof of hostile fire pay or imminent
7    danger pay during deployment on active duty; or
8        (iv) have at least 3 years of full active and
9    continuous military duty and received an honorable
10    discharge before hiring.
11    Preference shall be given in such appointments to persons
12who have honorably served in the military or naval services of
13the United States. All appointees shall serve a probationary
14period of 12 months from the date of appointment and during
15that period may be discharged at the will of the Director.
16However, the Director may in his or her sole discretion extend
17the probationary period of an officer up to an additional 6
18months when to do so is deemed in the best interest of the
19Illinois State Police Department. Nothing in this subsection
20(a) limits the Board's ability to prescribe education
21prerequisites or requirements to certify Illinois Department
22of State Police officers for promotion as provided in Section
2310 of this Act.
24    (b) Notwithstanding the other provisions of this Act,
25after July 1, 1977 and before July 1, 1980, the Director of
26State Police may appoint and promote not more than 20 persons

 

 

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1having special qualifications as special agents as he or she
2deems necessary to carry out the Department's objectives. Any
3such appointment or promotion shall be ratified by the Board.
4    (c) During the 90 days following the effective date of
5this amendatory Act of 1995, the Director of State Police may
6appoint up to 25 persons as State Police officers. These
7appointments shall be made in accordance with the requirements
8of this subsection (c) and any additional criteria that may be
9established by the Director, but are not subject to any other
10requirements of this Act. The Director may specify the initial
11rank for each person appointed under this subsection.
12    All appointments under this subsection (c) shall be made
13from personnel certified by the Board. A person certified by
14the Board and appointed by the Director under this subsection
15must have been employed by the Illinois Commerce Commission on
16November 30, 1994 in a job title subject to the Personnel Code
17and in a position for which the person was eligible to earn
18"eligible creditable service" as a "noncovered employee", as
19those terms are defined in Article 14 of the Illinois Pension
20Code.
21    Persons appointed under this subsection (c) shall
22thereafter be subject to the same requirements and procedures
23as other State police officers. A person appointed under this
24subsection must serve a probationary period of 12 months from
25the date of appointment, during which he or she may be
26discharged at the will of the Director.

 

 

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1    This subsection (c) does not affect or limit the
2Director's authority to appoint other State Police officers
3under subsection (a) of this Section.
4(Source: P.A. 100-11, eff. 7-1-17; 101-374, eff. 1-1-20.)
 
5    (20 ILCS 2610/10)  (from Ch. 121, par. 307.10)
6    Sec. 10. Except as provided in Section 9 of this Act,
7promotion of Illinois Department of State Police officers
8shall be made by the Director from those candidates who have
9been certified to him as being qualified for promotion. The
10Board shall make certifications for promotions on the basis of
11job performance measurement, seniority, education, or written
12or oral examinations. All vacancies in all ranks above the
13lowest shall be filled by promotion.
14(Source: P.A. 84-25.)
 
15    (20 ILCS 2610/12.2)
16    Sec. 12.2. Burial benefit for State police officers killed
17in the line of duty.
18    (a) The Illinois Department of State Police shall pay
19directly or reimburse, up to a maximum of $20,000, the burial
20expenses of each State police officer who is killed in the line
21of duty after June 30, 2018.
22    (b) The payments provided for in this Section shall be
23paid out of moneys appropriated to the Illinois State Police
24Department for the personal services of State police officers.

 

 

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1    (c) The Illinois Department of State Police shall adopt
2rules governing the administration of this Section.
3(Source: P.A. 101-28, eff. 1-1-20.)
 
4    (20 ILCS 2610/12.5)
5    Sec. 12.5. Zero tolerance drug policy. Any person employed
6by the Illinois Department of State Police who tests positive
7in accordance with established Illinois State Police
8Departmental drug testing procedures for any substance
9prohibited by the Illinois Controlled Substances Act or the
10Methamphetamine Control and Community Protection Act shall be
11discharged from employment. Any person employed by the
12Illinois Department of State Police who tests positive in
13accordance with established Illinois State Police Departmental
14drug testing procedures for any substance prohibited by the
15Cannabis Control Act may be discharged from employment.
16Refusal to submit to a drug test, ordered in accordance with
17Illinois State Police Departmental procedures, by any person
18employed by the Illinois State Police Department shall be
19construed as a positive test, and the person shall be
20discharged from employment. The changes made in this Section
21by this amendatory Act of the 100th General Assembly shall
22apply to all pending and future incidents under this Section.
23(Source: P.A. 100-1130, eff. 11-27-18.)
 
24    (20 ILCS 2610/13)  (from Ch. 121, par. 307.13)

 

 

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1    Sec. 13. Disciplinary measures prescribed by the Board for
2Illinois Department of State Police officers may be taken by
3the Director for the punishment of infractions of the rules
4and regulations of the respective divisions as promulgated by
5the Illinois State Police Department. Such disciplinary
6measures may include suspension of any such officer for a
7reasonable period, not exceeding 30 days.
8    Any officer so suspended, within 10 days after suspension,
9may petition the Board in writing to review the suspension,
10and upon the filing of such petition with the Board, the Board
11shall within a reasonable amount of time, but no later than 30
12days after the date of request for review set the written
13petition for hearing before the Board upon not less than 10
14days' notice at a place to be designated by the chairman
15thereof. The Board may sustain the action of the Director,
16reverse it with instructions that the officer receive his pay
17for the period involved, or reduce the length of suspension
18with instructions that the officer's pay be adjusted
19accordingly. No later than July 1, 1987, the Board shall
20promulgate rules which include the standards to be used in
21determining when compensation will be awarded to an officer
22who is found not guilty or has served a greater period of
23suspension than prescribed by the Board. The Board may not
24increase the length of suspension imposed by the Director. The
25Board may, by unanimous decision, dismiss the petition if it
26has determined that there is no substantial basis for its

 

 

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1review of the suspension. In all other respects, the hearing
2shall be conducted in the manner provided for in Section 14
3hereof. The provisions of the "Administrative Review Law" and
4the rules adopted pursuant thereto shall apply to and govern
5all proceedings for the judicial review of any order of the
6board rendered pursuant to the provisions of this Section.
7(Source: P.A. 85-1042.)
 
8    (20 ILCS 2610/14)  (from Ch. 121, par. 307.14)
9    Sec. 14. Except as is otherwise provided in this Act, no
10Illinois Department of State Police officer shall be removed,
11demoted or suspended except for cause, upon written charges
12filed with the Board by the Director and a hearing before the
13Board thereon upon not less than 10 days' notice at a place to
14be designated by the chairman thereof. At such hearing, the
15accused shall be afforded full opportunity to be heard in his
16or her own defense and to produce proof in his or her defense.
17Anyone filing a complaint against a State Police Officer must
18have the complaint supported by a sworn affidavit. Any such
19complaint, having been supported by a sworn affidavit, and
20having been found, in total or in part, to contain false
21information, shall be presented to the appropriate State's
22Attorney for a determination of prosecution.
23    Before any such officer may be interrogated or examined by
24or before the Board, or by an Illinois State Police a
25departmental agent or investigator specifically assigned to

 

 

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1conduct an internal investigation, the results of which
2hearing, interrogation or examination may be the basis for
3filing charges seeking his or her suspension for more than 15
4days or his or her removal or discharge, he or she shall be
5advised in writing as to what specific improper or illegal act
6he or she is alleged to have committed; he or she shall be
7advised in writing that his or her admissions made in the
8course of the hearing, interrogation or examination may be
9used as the basis for charges seeking his or her suspension,
10removal or discharge; and he or she shall be advised in writing
11that he or she has a right to counsel of his or her choosing,
12who may be present to advise him or her at any hearing,
13interrogation or examination. A complete record of any
14hearing, interrogation or examination shall be made, and a
15complete transcript or electronic recording thereof shall be
16made available to such officer without charge and without
17delay.
18    The Board shall have the power to secure by its subpoena
19both the attendance and testimony of witnesses and the
20production of books and papers in support of the charges and
21for the defense. Each member of the Board or a designated
22hearing officer shall have the power to administer oaths or
23affirmations. If the charges against an accused are
24established by a preponderance of evidence, the Board shall
25make a finding of guilty and order either removal, demotion,
26suspension for a period of not more than 180 days, or such

 

 

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1other disciplinary punishment as may be prescribed by the
2rules and regulations of the Board which, in the opinion of the
3members thereof, the offense merits. Thereupon the Director
4shall direct such removal or other punishment as ordered by
5the Board and if the accused refuses to abide by any such
6disciplinary order, the Director shall remove him or her
7forthwith.
8    If the accused is found not guilty or has served a period
9of suspension greater than prescribed by the Board, the Board
10shall order that the officer receive compensation for the
11period involved. The award of compensation shall include
12interest at the rate of 7% per annum.
13    The Board may include in its order appropriate sanctions
14based upon the Board's rules and regulations. If the Board
15finds that a party has made allegations or denials without
16reasonable cause or has engaged in frivolous litigation for
17the purpose of delay or needless increase in the cost of
18litigation, it may order that party to pay the other party's
19reasonable expenses, including costs and reasonable attorney's
20fees. The State of Illinois and the Illinois State Police
21Department shall be subject to these sanctions in the same
22manner as other parties.
23    In case of the neglect or refusal of any person to obey a
24subpoena issued by the Board, any circuit court, upon
25application of any member of the Board, may order such person
26to appear before the Board and give testimony or produce

 

 

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1evidence, and any failure to obey such order is punishable by
2the court as a contempt thereof.
3    The provisions of the Administrative Review Law, and all
4amendments and modifications thereof, and the rules adopted
5pursuant thereto, shall apply to and govern all proceedings
6for the judicial review of any order of the Board rendered
7pursuant to the provisions of this Section.
8    Notwithstanding the provisions of this Section, a policy
9making officer, as defined in the Employee Rights Violation
10Act, of the Illinois Department of State Police shall be
11discharged from the Illinois Department of State Police as
12provided in the Employee Rights Violation Act, enacted by the
1385th General Assembly.
14(Source: P.A. 96-891, eff. 5-10-10.)
 
15    (20 ILCS 2610/16)  (from Ch. 121, par. 307.16)
16    Sec. 16. State policemen shall enforce the provisions of
17The Illinois Vehicle Code, approved September 29, 1969, as
18amended, and Article 9 of the "Illinois Highway Code" as
19amended; and shall patrol the public highways and rural
20districts to make arrests for violations of the provisions of
21such Acts. They are conservators of the peace and as such have
22all powers possessed by policemen in cities, and sheriffs,
23except that they may exercise such powers anywhere in this
24State. The State policemen shall cooperate with the police of
25cities, villages and incorporated towns, and with the police

 

 

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1officers of any county, in enforcing the laws of the State and
2in making arrests and recovering property. They may be
3equipped with standardized and tested devices for weighing
4motor vehicles and may stop and weigh, acting reasonably, or
5cause to be weighed, any motor vehicle which appears to weigh
6in excess of the weight permitted by law. It shall also be the
7duty of the Illinois State Police State police to determine,
8whenever possible, the person or persons or the causes
9responsible for the breaking or destruction of any improved
10hard-surfaced roadway; to arrest all persons criminally
11responsible for such breaking or destruction and bring them
12before the proper officer for trial. The Illinois Department
13of State Police shall divide the State into Districts and
14assign each district to one or more policemen. No person
15employed under this Act, however, shall serve or execute civil
16process, except for process issued under the authority of the
17General Assembly, or a committee or commission thereof vested
18with subpoena powers when the county sheriff refuses or fails
19to serve such process, and except for process issued under the
20authority of the Illinois Department of Revenue.
21(Source: P.A. 84-25.)
 
22    (20 ILCS 2610/17b)
23    Sec. 17b. Retiring officer; purchase of service firearm
24and police badge. The Director of the Illinois State Police
25shall establish a policy to allow a State Police officer who is

 

 

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1honorably retiring or separating in good standing to purchase
2either one or both of the following: (i) any State Police badge
3previously issued to that officer; or (ii) if the officer has a
4currently valid Firearm Owner's Identification Card, the
5service firearm issued or previously issued to the officer by
6the Illinois Department of State Police. The cost of the
7firearm purchased shall be the replacement value of the
8firearm and not the firearm's fair market value.
9(Source: P.A. 100-931, eff. 8-17-18.)
 
10    (20 ILCS 2610/18)  (from Ch. 121, par. 307.18)
11    Sec. 18. The Director may also authorize any civilian
12employee of the Illinois State Police Department who is not a
13State policeman to be a truck weighing inspector with the
14power of enforcing the provisions of Sections 15-102, 15-103,
1515-107, 15-111, and 15-301 and subsection (d) of Section 3-401
16of the Illinois Vehicle Code.
17(Source: P.A. 100-830, eff. 1-1-19.)
 
18    (20 ILCS 2610/20)  (from Ch. 121, par. 307.18a)
19    Sec. 20. The Illinois State Police Department from time to
20time may enter into contracts with The Illinois State Toll
21Highway Authority, hereinafter called the Authority, with
22respect to the policing of toll highways by the Illinois State
23Police. Such contracts shall provide among other matters for
24the compensation or reimbursement of the Illinois State Police

 

 

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1Department by the Authority for the costs incurred by this
2State with respect to such policing service, including, but
3not limited to, the costs of: (1) compensation and training of
4the State policemen and the clerical employees assigned to
5such policing service; and (2) uniforms, equipment, supplies
6and housing used by such personnel; and (3) reimbursement of
7such sums as the State expends in connection with payments of
8claims for injuries or illnesses suffered by such personnel in
9the line of duty. Each such contract may provide for the
10methods of ascertaining such costs, and shall be of such
11duration and may contain such other appropriate terms as the
12Illinois State Police Department and the Authority may agree
13upon. The Illinois State Police Department is not obliged to
14furnish policing service on any highway under the jurisdiction
15of the Authority except as required by contract.
16(Source: P.A. 81-840.)
 
17    (20 ILCS 2610/21)  (from Ch. 121, par. 307.18b)
18    Sec. 21. (a) The Illinois State Police Department shall
19appoint as State policemen the number of persons required for
20assignment to the policing of toll highways by contracts made
21pursuant to Section 20 of this Act; and such policemen shall
22have the same qualifications and shall be appointed and paid
23and shall receive the same benefits, as all other State
24policemen.
25    (b) The Director shall assign such policemen in accordance

 

 

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1with the contract provisions, which may authorize temporary
2increases or decreases in the number of policemen so assigned
3when emergency conditions so require.
4    (c) State policemen so assigned have, in policing the toll
5highways, all powers and duties of enforcement and arrest
6which Section 16 of this Act confers upon State policemen
7generally in policing other public highways and other areas,
8and in addition have the duty to enforce all regulations
9established by the Illinois State Toll Highway Authority
10pursuant to the authority of the "An Act in relation to the
11construction, operation, regulation and maintenance of a
12system of toll highways and to create The Illinois State Toll
13Highway Act Authority, and to define its powers and duties, to
14make an appropriation in conjunction therewith", approved
15August 7, 1967, as amended.
16(Source: P.A. 85-1042.)
 
17    (20 ILCS 2610/22)  (from Ch. 121, par. 307.18c)
18    Sec. 22. The Director and the State policemen appointed by
19him, when authorized by the Director, may expend such sums as
20the Director deems necessary in the purchase of evidence and
21in the employment of persons to obtain evidence.
22    Such sums to be expended shall be advanced to the State
23policeman who is to make such purchase or employment from
24funds appropriated or made available by law for the support or
25use of the Illinois State Police Department on vouchers

 

 

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1therefor signed by the Director.
2(Source: P.A. 85-1042.)
 
3    (20 ILCS 2610/24)
4    Sec. 24. Illinois State Police quotas prohibited. The
5Illinois State Police Department may not require an Illinois a
6Department of State Police officer to issue a specific number
7of citations within a designated period of time. This
8prohibition shall not affect the conditions of any federal or
9State grants or funds awarded to the Illinois State Police
10Department and used to fund traffic enforcement programs.
11    The Illinois State Police Department may not, for purposes
12of evaluating an Illinois a Department of State Police
13officer's job performance, compare the number of citations
14issued by the Illinois Department of State Police officer to
15the number of citations issued by any other Illinois
16Department of State Police officer who has similar job duties.
17Nothing in this Section shall prohibit the Illinois State
18Police Department from evaluating an Illinois a Department of
19State Police officer based on the Illinois Department of State
20Police officer's points of contact. For the purposes of this
21Section, "points of contact" means any quantifiable contact
22made in the furtherance of the Illinois Department of State
23Police officer's duties, including, but not limited to, the
24number of traffic stops completed, arrests, written warnings,
25and crime prevention measures. Points of contact shall not

 

 

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1include either the issuance of citations or the number of
2citations issued by an Illinois a Department of State Police
3officer.
4(Source: P.A. 98-650, eff. 1-1-15.)
 
5    (20 ILCS 2610/30)
6    Sec. 30. Patrol vehicles with in-car video recording
7cameras.
8    (a) Definitions. As used in this Section:
9        "Audio recording" means the recorded conversation
10    between an officer and a second party.
11        "Emergency lights" means oscillating, rotating, or
12    flashing lights on patrol vehicles.
13        "In-car video camera" means a video camera located in
14    an Illinois State Police a Department patrol vehicle.
15        "In-car video camera recording equipment" means a
16    video camera recording system located in an Illinois State
17    Police a Department patrol vehicle consisting of a camera
18    assembly, recording mechanism, and an in-car video
19    recording medium.
20        "Enforcement stop" means an action by an officer of
21    the Illinois State Police Department in relation to
22    enforcement and investigation duties, including but not
23    limited to, traffic stops, pedestrian stops, abandoned
24    vehicle contacts, motorist assists, commercial motor
25    vehicle stops, roadside safety checks, requests for

 

 

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1    identification, or responses to requests for emergency
2    assistance.
3        "Recording" means the process of capturing data or
4    information stored on a recording medium as required under
5    this Section.
6        "Recording medium" means any recording medium
7    authorized by the Illinois State Police Department for the
8    retention and playback of recorded audio and video
9    including, but not limited to, VHS, DVD, hard drive, solid
10    state, digital, or flash memory technology.
11        "Wireless microphone" means a device devise worn by
12    the officer or any other equipment used to record
13    conversations between the officer and a second party and
14    transmitted to the recording equipment.
15    (b) By June 1, 2009, the Illinois State Police Department
16shall install in-car video camera recording equipment in all
17patrol vehicles. Subject to appropriation, all patrol vehicles
18shall be equipped with in-car video camera recording equipment
19with a recording medium capable of recording for a period of 10
20hours or more by June 1, 2011. In-car video camera recording
21equipment shall be capable of making audio recordings with the
22assistance of a wireless microphone.
23    (c) As of the effective date of this amendatory Act of the
2495th General Assembly, in-car video camera recording equipment
25with a recording medium incapable of recording for a period of
2610 hours or more shall record activities outside a patrol

 

 

HB3655- 308 -LRB102 16922 WGH 22334 b

1vehicle whenever (i) an officer assigned a patrol vehicle is
2conducting an enforcement stop; (ii) patrol vehicle emergency
3lights are activated or would otherwise be activated if not
4for the need to conceal the presence of law enforcement; or
5(iii) an officer reasonably believes recording may assist with
6prosecution, enhance safety, or for any other lawful purpose.
7As of the effective date of this amendatory Act of the 95th
8General Assembly, in-car video camera recording equipment with
9a recording medium incapable of recording for a period of 10
10hours or more shall record activities inside the vehicle when
11transporting an arrestee or when an officer reasonably
12believes recording may assist with prosecution, enhance
13safety, or for any other lawful purpose.
14        (1) Recording for an enforcement stop shall begin when
15    the officer determines an enforcement stop is necessary
16    and shall continue until the enforcement action has been
17    completed and the subject of the enforcement stop or the
18    officer has left the scene.
19        (2) Recording shall begin when patrol vehicle
20    emergency lights are activated or when they would
21    otherwise be activated if not for the need to conceal the
22    presence of law enforcement, and shall continue until the
23    reason for the activation ceases to exist, regardless of
24    whether the emergency lights are no longer activated.
25        (3) An officer may begin recording if the officer
26    reasonably believes recording may assist with prosecution,

 

 

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1    enhance safety, or for any other lawful purpose; and shall
2    continue until the reason for recording ceases to exist.
3    (d) In-car video camera recording equipment with a
4recording medium capable of recording for a period of 10 hours
5or more shall record activities whenever a patrol vehicle is
6assigned to patrol duty.
7    (e) Any enforcement stop resulting from a suspected
8violation of the Illinois Vehicle Code shall be video and
9audio recorded. Audio recording shall terminate upon release
10of the violator and prior to initiating a separate criminal
11investigation.
12    (f) Recordings made on in-car video camera recording
13medium shall be retained by the Illinois State Police
14Department for a storage period of at least 90 days. Under no
15circumstances shall any recording made on in-car video camera
16recording medium be altered or erased prior to the expiration
17of the designated storage period. Upon completion of the
18storage period, the recording medium may be erased and
19reissued for operational use unless otherwise ordered by the
20District Commander or his or her designee or by a court, or if
21designated for evidentiary or training purposes.
22    (g) Audio or video recordings made pursuant to this
23Section shall be available under the applicable provisions of
24the Freedom of Information Act. Only recorded portions of the
25audio recording or video recording medium applicable to the
26request will be available for inspection or copying.

 

 

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1    (h) The Illinois State Police Department shall ensure
2proper care and maintenance of in-car video camera recording
3equipment and recording medium. An officer operating a patrol
4vehicle must immediately document and notify the District
5Commander or his or her designee of any technical
6difficulties, failures, or problems with the in-car video
7camera recording equipment or recording medium. Upon receiving
8notice, the District Commander or his or her designee shall
9make every reasonable effort to correct and repair any of the
10in-car video camera recording equipment or recording medium
11and determine if it is in the public interest to permit the use
12of the patrol vehicle.
13    (i) The Illinois State Police Department may promulgate
14rules to implement this amendatory Act of the 95th General
15Assembly only to the extent necessary to apply the existing
16rules or applicable internal directives.
17(Source: P.A. 95-1009, eff. 12-15-08.)
 
18    (20 ILCS 2610/35)
19    Sec. 35. Officer-worn body cameras; policy; training.
20    (a) For the purposes of this Section, "officer-worn body
21camera" shall have the same meaning as defined in Section 10 of
22the Law Enforcement Officer-Worn Body Camera Act.
23    (b) If the Illinois State Police Department employs the
24use of officer-worn body cameras, the Illinois State Police
25Department shall develop a written policy which must include,

 

 

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1at a minimum, the guidelines established by the Law
2Enforcement Officer-Worn Body Camera Act.
3    (c) The Illinois State Police Department shall provide
4training to those officers who utilize officer-worn body
5cameras.
6(Source: P.A. 99-352, eff. 1-1-16.)
 
7    (20 ILCS 2610/38)
8    Sec. 38. Disposal of medications. The Illinois State
9Police Department may by rule authorize State Police officers
10to dispose of any unused medications under Section 18 of the
11Safe Pharmaceutical Disposal Act.
12(Source: P.A. 99-648, eff. 1-1-17; 100-201, eff. 8-18-17.)
 
13    (20 ILCS 2610/40)
14    Sec. 40. Training; administration of epinephrine.
15    (a) This Section, along with Section 10.19 of the Illinois
16Police Training Act, may be referred to as the Annie LeGere
17Law.
18    (b) For the purposes of this Section, "epinephrine
19auto-injector" means a single-use device used for the
20automatic injection of a pre-measured dose of epinephrine into
21the human body prescribed in the name of the Illinois State
22Police Department.
23    (c) The Illinois State Police Department may conduct or
24approve a training program for State Police officers to

 

 

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1recognize and respond to anaphylaxis, including, but not
2limited to:
3        (1) how to recognize symptoms of an allergic reaction;
4        (2) how to respond to an emergency involving an
5    allergic reaction;
6        (3) how to administer an epinephrine auto-injector;
7        (4) how to respond to an individual with a known
8    allergy as well as an individual with a previously unknown
9    allergy;
10        (5) a test demonstrating competency of the knowledge
11    required to recognize anaphylaxis and administer an
12    epinephrine auto-injector; and
13        (6) other criteria as determined in rules adopted by
14    the Illinois State Police Department.
15    (d) The Illinois State Police Department may authorize a
16State Police officer who has completed the training program
17under subsection (c) to carry, administer, or assist with the
18administration of epinephrine auto-injectors whenever he or
19she is performing official duties.
20    (e) The Illinois State Police Department must establish a
21written policy to control the acquisition, storage,
22transportation, administration, and disposal of epinephrine
23auto-injectors before it allows any State Police officer to
24carry and administer epinephrine auto-injectors.
25    (f) A physician, physician physician's assistant with
26prescriptive authority, or advanced practice registered nurse

 

 

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1with prescriptive authority may provide a standing protocol or
2prescription for epinephrine auto-injectors in the name of the
3Illinois State Police Department to be maintained for use when
4necessary.
5    (g) When a State Police officer administers an epinephrine
6auto-injector in good faith, the officer and the Illinois
7State Police Department, and its employees and agents,
8including a physician, physician physician's assistant with
9prescriptive authority, or advanced practice registered nurse
10with prescriptive authority who provides a standing order or
11prescription for an epinephrine auto-injector, incur no civil
12or professional liability, except for willful and wanton
13conduct, as a result of any injury or death arising from the
14use of an epinephrine auto-injector.
15(Source: P.A. 99-711, eff. 1-1-17; 100-201, eff. 8-18-17;
16100-648, eff. 7-31-18; revised 1-14-20.)
 
17    (20 ILCS 2610/45)
18    Sec. 45. Compliance with the Health Care Violence
19Prevention Act; training. The Illinois State Police Department
20shall comply with the Health Care Violence Prevention Act and
21shall provide an appropriate level of training for its
22officers concerning the Health Care Violence Prevention Act.
23(Source: P.A. 100-1051, eff. 1-1-19; 100-1186, eff. 4-5-19.)
 
24    Section 205. The State Police Radio Act is amended by

 

 

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1changing Sections 0.01, 1, 2, 6, and 10 as follows:
 
2    (20 ILCS 2615/0.01)  (from Ch. 121, par. 307.20)
3    Sec. 0.01. Short title. This Act may be cited as the
4Illinois State Police Radio Act.
5(Source: P.A. 86-1324.)
 
6    (20 ILCS 2615/1)  (from Ch. 121, par. 307.21)
7    Sec. 1. The Illinois Department of State Police is
8authorized to purchase, lease or otherwise acquire and operate
9one or more radio broadcasting stations in the State to be used
10for police purposes only. Such radio stations shall broadcast
11all police dispatches and reports submitted to them which
12pertain to the apprehension of criminals, the prevention of
13crime and the maintenance of law and order in order to assist
14peace officers more effectively to discharge their duties.
15(Source: P.A. 84-25.)
 
16    (20 ILCS 2615/2)  (from Ch. 121, par. 307.22)
17    Sec. 2. The Illinois Department of State Police, the
18county board of any county, the city council of any city and
19the board of trustees of any village or incorporated town are
20authorized to purchase or acquire and furnish radio receiving
21sets to all peace officers under their jurisdiction. These
22radio receiving sets shall only be used by such officers in the
23performance of their duties as police officers in this State

 

 

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1and shall always be set and in readiness to receive any report
2or message that may be broadcasted from any radio broadcasting
3station operated by the Illinois Department of State Police
4under this Act. Every police officer receiving a radio set
5shall make a report to the Illinois Department of State Police
6at such times and containing such information as the Illinois
7State Police Department may require.
8(Source: P.A. 84-25.)
 
9    (20 ILCS 2615/6)  (from Ch. 121, par. 307.26)
10    Sec. 6. The Illinois Department of State Police is
11authorized to use any money appropriated to it for the purpose
12of patrolling and policing the public highways in carrying out
13the provisions of this Act.
14(Source: P.A. 84-25.)
 
15    (20 ILCS 2615/10)
16    Sec. 10. Public safety radio interoperability. Upon their
17establishment and thereafter, the Director of the Illinois
18State Police, or his or her designee, shall serve as the
19chairman of the Illinois Statewide Interoperability Executive
20Committee (SIEC) and as the chairman of the STARCOM21
21Oversight Committee. The Director, as chairman, may increase
22the size and makeup of the voting membership of each committee
23when deemed necessary for improved public safety radio
24interoperability, but the voting membership of each committee

 

 

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1must represent public safety users (police, fire, or EMS) and
2must, at a minimum, include the representatives specified in
3this Section. The STARCOM21 Oversight Committee must comprise
4public safety users accessing the system. The SIEC shall have
5at a minimum one representative from each of the following:
6the Illinois Fire Chiefs Association, the Rural Fire
7Protection Association, the Office of the State Fire Marshal,
8the Illinois Association of Chiefs of Police, the Illinois
9Sheriffs' Association, the Illinois State Police, the Illinois
10Emergency Management Agency, the Department of Public Health,
11and the Secretary of State Police (which representative shall
12be the Director of the Secretary of State Police or his or her
13designee).
14(Source: P.A. 94-1005, eff. 7-3-06.)
 
15    Section 210. The Narcotic Control Division Abolition Act
16is amended by changing Sections 1, 2, 3, 4, 5, 6, 7, and 8 as
17follows:
 
18    (20 ILCS 2620/1)  (from Ch. 127, par. 55d)
19    Sec. 1. The Division of Narcotic Control is abolished and
20its functions are transferred to and shall be administered by
21the Illinois Department of State Police.
22    When used in this Act, unless the context otherwise
23indicates:
24    "Department" means the Department of State Police;

 

 

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1    "Director" means the Director of the Illinois Department
2of State Police.
3(Source: P.A. 84-25.)
 
4    (20 ILCS 2620/2)  (from Ch. 127, par. 55e)
5    Sec. 2. The Illinois State Police Department shall enforce
6all laws regulating the production, sale, prescribing,
7manufacturing, administering, transporting, having in
8possession, dispensing, delivering, distributing or use of
9controlled substances as defined in the "Illinois Controlled
10Substances Act", and cannabis as defined in the "Cannabis
11Control Act" enacted by the 77th General Assembly, as now or
12hereafter amended, and any other duties conferred upon the
13Illinois State Police Department by law.
14(Source: P.A. 77-770.)
 
15    (20 ILCS 2620/3)  (from Ch. 127, par. 55f)
16    Sec. 3. The Director may, in conformity with the Personnel
17Code, employ such inspectors, physicians, pharmacists,
18chemists, clerical and other employees as are necessary to
19carry out the duties of the Illinois State Police Department.
20(Source: P.A. 76-442.)
 
21    (20 ILCS 2620/4)  (from Ch. 127, par. 55g)
22    Sec. 4. The Director and the inspectors appointed by him
23are conservators of the peace and as such have all the powers

 

 

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1possessed by policemen in cities and by sheriffs, except that
2they may exercise such powers anywhere in the State, in
3enforcing the duties conferred upon the Illinois State Police
4Department by Section 2 of this Act.
5(Source: P.A. 76-442.)
 
6    (20 ILCS 2620/5)  (from Ch. 127, par. 55h)
7    Sec. 5. The Illinois State Police Department shall advise
8and inform local and other State law-enforcement officers of
9various controlled substances and cannabis law-enforcement
10practices and shall establish a central office where local and
11other State law-enforcement officers may report controlled
12substances and cannabis violations and obtain information
13about controlled substances and cannabis violators. Every
14local and other State law-enforcement officer shall report any
15violation of the controlled substances and cannabis laws of
16this State to the Illinois State Police Department.
17(Source: P.A. 77-770.)
 
18    (20 ILCS 2620/6)  (from Ch. 127, par. 55i)
19    Sec. 6. The Illinois Department of State Police is
20authorized to establish laboratories for the purpose of
21testing of controlled substances and cannabis which are
22seized.
23    The Illinois Department of State Police shall formulate,
24adopt and put into effect such reasonable rules and

 

 

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1regulations as are necessary to carry out the provisions of
2this Act.
3(Source: P.A. 85-1042.)
 
4    (20 ILCS 2620/7)  (from Ch. 127, par. 55j)
5    Sec. 7. Expenditures; evidence; forfeited property.
6    (a) The Director and the inspectors appointed by him, when
7authorized by the Director, may expend such sums as the
8Director deems necessary in the purchase of controlled
9substances and cannabis for evidence and in the employment of
10persons to obtain evidence.
11    Such sums to be expended shall be advanced to the officer
12who is to make such purchase or employment from funds
13appropriated or made available by law for the support or use of
14the Illinois State Police Department on vouchers therefor
15signed by the Director. The Director and such officers are
16authorized to maintain one or more commercial checking
17accounts with any State banking corporation or corporations
18organized under or subject to the Illinois Banking Act for the
19deposit and withdrawal of moneys to be used for the purchase of
20evidence and for the employment of persons to obtain evidence;
21provided that no check may be written on nor any withdrawal
22made from any such account except on the written signatures of
232 persons designated by the Director to write such checks and
24make such withdrawals.
25    (b) The Director is authorized to maintain one or more

 

 

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1commercial bank accounts with any State banking corporation or
2corporations organized under or subject to the Illinois
3Banking Act, as now or hereafter amended, for the deposit or
4withdrawal of (i) moneys forfeited to the Illinois State
5Police Department, including the proceeds of the sale of
6forfeited property, as provided in Section 2 of the State
7Officers and Employees Money Disposition Act, as now or
8hereafter amended, pending disbursement to participating
9agencies and deposit of the Illinois State Police's
10Department's share as provided in subsection (c), and (ii) all
11moneys being held as evidence by the Illinois State Police
12Department, pending final court disposition; provided that no
13check may be written on or any withdrawal made from any such
14account except on the written signatures of 2 persons
15designated by the Director to write such checks and make such
16withdrawals.
17    (c) All moneys received by the Illinois State Police as
18their share of forfeited funds (including the proceeds of the
19sale of forfeited property) received pursuant to the Drug
20Asset Forfeiture Procedure Act, the Cannabis Control Act, the
21Illinois Controlled Substances Act, the Methamphetamine
22Control and Community Protection Act, the Environmental
23Protection Act, or any other Illinois law shall be deposited
24into the State Asset Forfeiture Fund, which is hereby created
25as an interest-bearing special fund in the State treasury.
26    All moneys received by the Illinois State Police as their

 

 

HB3655- 321 -LRB102 16922 WGH 22334 b

1share of forfeited funds (including the proceeds of the sale
2of forfeited property) received pursuant to federal equitable
3sharing transfers shall be deposited into the Federal Asset
4Forfeiture Fund, which is hereby created as an
5interest-bearing special fund in the State treasury.
6    The moneys deposited into the State Asset Forfeiture Fund
7and the Federal Asset Forfeiture Fund shall be appropriated to
8the Illinois Department of State Police and may be used by the
9Illinois State Police in accordance with law.
10(Source: P.A. 94-556, eff. 9-11-05.)
 
11    (20 ILCS 2620/8)  (from Ch. 127, par. 55k)
12    Sec. 8. The Attorney General, upon the request of the
13Illinois State Police Department, shall prosecute any
14violation of this Act, and of the Illinois Controlled
15Substances Act, the Cannabis Control Act, and the
16Methamphetamine Control and Community Protection Act.
17(Source: P.A. 94-556, eff. 9-11-05.)
 
18    Section 215. The Volunteer Firefighting Rescue Unit Use
19Act is amended by changing the title of the Act and Sections 1,
202, 3, and 4 as follows:
 
21    (20 ILCS 2625/Act title)
22An Act relating to the use of rescue units of volunteer
23fire fighting organizations by the Illinois Department of

 

 

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1State Police and making an appropriation therefor.
 
2    (20 ILCS 2625/1)  (from Ch. 127, par. 289)
3    Sec. 1. As used in this Act, unless the context otherwise
4requires, the following terms have the following meanings:
5    Department means the Department of State Police;
6    Rescue unit means a unit of an unpaid volunteer fire
7fighting organization which is specially trained for emergency
8rescue work such as resuscitation of heart attack, drowning,
9suffocation or epilepsy victims, recovery of bodies of
10drowning victims and similar activities;
11    District means a geographical area designated by the
12Illinois State Police Department for administration of laws by
13the Division of Fire Prevention of the Illinois State Police
14Department.
15(Source: P.A. 84-25.)
 
16    (20 ILCS 2625/2)  (from Ch. 127, par. 290)
17    Sec. 2. The Illinois State Police Department may request
18the cooperation and use of facilities of any rescue unit to aid
19it when engaged in any activity designed to save human life or
20to recover the body of a victim. Such a request shall be
21directed to a rescue unit or units located within the district
22where the rescue work is to be performed. If there is no rescue
23unit located within the district or if there are not
24sufficient rescue units therein to perform the required work,

 

 

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1requests may be directed to rescue units located in other
2districts.
3(Source: Laws 1953, p. 178.)
 
4    (20 ILCS 2625/3)  (from Ch. 127, par. 291)
5    Sec. 3. When the Illinois State Police Department requests
6the services of a rescue unit it shall pay the personnel of
7such unit for time actually spent in rescue work at the rate of
8$2.50 per hour.
9(Source: Laws 1953, p. 178.)
 
10    (20 ILCS 2625/4)  (from Ch. 127, par. 292)
11    Sec. 4. If any equipment of a volunteer fire fighting
12organization is lost or damaged while its rescue unit is
13engaged in rescue work at the request of the Illinois State
14Police Department, it shall be reimbursed by the State of
15Illinois. A claim for such reimbursement may be filed with the
16Court of Claims.
17(Source: Laws 1953, p. 178.)
 
18    Section 220. The Criminal Identification Act is amended by
19changing Sections 1, 2, 2.1, 2.2, 3, 3.1, 3.3, 4, 4.5, 5, 5.2,
207, 7.5, 8, 9, 9.5, 10, 13, and 14 as follows:
 
21    (20 ILCS 2630/1)  (from Ch. 38, par. 206-1)
22    Sec. 1. The Illinois Department of State Police

 

 

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1hereinafter referred to as the "Department", is hereby
2empowered to cope with the task of criminal identification and
3investigation.
4    The Director of the Illinois Department of State Police
5shall, from time to time, appoint such employees or assistants
6as may be necessary to carry out this work. Employees or
7assistants so appointed shall receive salaries subject to the
8standard pay plan provided for in the "Personnel Code",
9approved July 18, 1955, as amended.
10(Source: P.A. 84-25.)
 
11    (20 ILCS 2630/2)  (from Ch. 38, par. 206-2)
12    Sec. 2. The Illinois State Police Department shall procure
13and file for record, as far as can be procured from any source,
14photographs, all plates, outline pictures, measurements,
15descriptions and information of all persons who have been
16arrested on a charge of violation of a penal statute of this
17State and such other information as is necessary and helpful
18to plan programs of crime prevention, law enforcement and
19criminal justice, and aid in the furtherance of those
20programs.
21(Source: P.A. 76-444.)
 
22    (20 ILCS 2630/2.1)  (from Ch. 38, par. 206-2.1)
23    Sec. 2.1. For the purpose of maintaining complete and
24accurate criminal records of the Illinois Department of State

 

 

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1Police, it is necessary for all policing bodies of this State,
2the clerk of the circuit court, the Illinois Department of
3Corrections, the sheriff of each county, and State's Attorney
4of each county to submit certain criminal arrest, charge, and
5disposition information to the Illinois State Police
6Department for filing at the earliest time possible. Unless
7otherwise noted herein, it shall be the duty of all policing
8bodies of this State, the clerk of the circuit court, the
9Illinois Department of Corrections, the sheriff of each
10county, and the State's Attorney of each county to report such
11information as provided in this Section, both in the form and
12manner required by the Illinois State Police Department and
13within 30 days of the criminal history event. Specifically:
14        (a) Arrest Information. All agencies making arrests
15    for offenses which are required by statute to be
16    collected, maintained or disseminated by the Illinois
17    Department of State Police shall be responsible for
18    furnishing daily to the Illinois State Police Department
19    fingerprints, charges and descriptions of all persons who
20    are arrested for such offenses. All such agencies shall
21    also notify the Illinois State Police Department of all
22    decisions by the arresting agency not to refer such
23    arrests for prosecution. With approval of the Illinois
24    State Police Department, an agency making such arrests may
25    enter into arrangements with other agencies for the
26    purpose of furnishing daily such fingerprints, charges and

 

 

HB3655- 326 -LRB102 16922 WGH 22334 b

1    descriptions to the Illinois State Police Department upon
2    its behalf.
3        (b) Charge Information. The State's Attorney of each
4    county shall notify the Illinois State Police Department
5    of all charges filed and all petitions filed alleging that
6    a minor is delinquent, including all those added
7    subsequent to the filing of a case, and whether charges
8    were not filed in cases for which the Illinois State
9    Police Department has received information required to be
10    reported pursuant to paragraph (a) of this Section. With
11    approval of the Illinois State Police Department, the
12    State's Attorney may enter into arrangements with other
13    agencies for the purpose of furnishing the information
14    required by this subsection (b) to the Illinois State
15    Police Department upon the State's Attorney's behalf.
16        (c) Disposition Information. The clerk of the circuit
17    court of each county shall furnish the Illinois State
18    Police Department, in the form and manner required by the
19    Supreme Court, with all final dispositions of cases for
20    which the Illinois State Police Department has received
21    information required to be reported pursuant to paragraph
22    (a) or (d) of this Section. Such information shall
23    include, for each charge, all (1) judgments of not guilty,
24    judgments of guilty including the sentence pronounced by
25    the court with statutory citations to the relevant
26    sentencing provision, findings that a minor is delinquent

 

 

HB3655- 327 -LRB102 16922 WGH 22334 b

1    and any sentence made based on those findings, discharges
2    and dismissals in the court; (2) reviewing court orders
3    filed with the clerk of the circuit court which reverse or
4    remand a reported conviction or findings that a minor is
5    delinquent or that vacate or modify a sentence or sentence
6    made following a trial that a minor is delinquent; (3)
7    continuances to a date certain in furtherance of an order
8    of supervision granted under Section 5-6-1 of the Unified
9    Code of Corrections or an order of probation granted under
10    Section 10 of the Cannabis Control Act, Section 410 of the
11    Illinois Controlled Substances Act, Section 70 of the
12    Methamphetamine Control and Community Protection Act,
13    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
14    the Criminal Code of 1961 or the Criminal Code of 2012,
15    Section 10-102 of the Illinois Alcoholism and Other Drug
16    Dependency Act, Section 40-10 of the Substance Use
17    Disorder Act, Section 10 of the Steroid Control Act, or
18    Section 5-615 of the Juvenile Court Act of 1987; and (4)
19    judgments or court orders terminating or revoking a
20    sentence to or juvenile disposition of probation,
21    supervision or conditional discharge and any resentencing
22    or new court orders entered by a juvenile court relating
23    to the disposition of a minor's case involving delinquency
24    after such revocation.
25        (d) Fingerprints After Sentencing.
26            (1) After the court pronounces sentence, sentences

 

 

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1        a minor following a trial in which a minor was found to
2        be delinquent or issues an order of supervision or an
3        order of probation granted under Section 10 of the
4        Cannabis Control Act, Section 410 of the Illinois
5        Controlled Substances Act, Section 70 of the
6        Methamphetamine Control and Community Protection Act,
7        Section 12-4.3 or subdivision (b)(1) of Section
8        12-3.05 of the Criminal Code of 1961 or the Criminal
9        Code of 2012, Section 10-102 of the Illinois
10        Alcoholism and Other Drug Dependency Act, Section
11        40-10 of the Substance Use Disorder Act, Section 10 of
12        the Steroid Control Act, or Section 5-615 of the
13        Juvenile Court Act of 1987 for any offense which is
14        required by statute to be collected, maintained, or
15        disseminated by the Illinois Department of State
16        Police, the State's Attorney of each county shall ask
17        the court to order a law enforcement agency to
18        fingerprint immediately all persons appearing before
19        the court who have not previously been fingerprinted
20        for the same case. The court shall so order the
21        requested fingerprinting, if it determines that any
22        such person has not previously been fingerprinted for
23        the same case. The law enforcement agency shall submit
24        such fingerprints to the Illinois State Police
25        Department daily.
26            (2) After the court pronounces sentence or makes a

 

 

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1        disposition of a case following a finding of
2        delinquency for any offense which is not required by
3        statute to be collected, maintained, or disseminated
4        by the Illinois Department of State Police, the
5        prosecuting attorney may ask the court to order a law
6        enforcement agency to fingerprint immediately all
7        persons appearing before the court who have not
8        previously been fingerprinted for the same case. The
9        court may so order the requested fingerprinting, if it
10        determines that any so sentenced person has not
11        previously been fingerprinted for the same case. The
12        law enforcement agency may retain such fingerprints in
13        its files.
14        (e) Corrections Information. The Illinois Department
15    of Corrections and the sheriff of each county shall
16    furnish the Illinois State Police Department with all
17    information concerning the receipt, escape, execution,
18    death, release, pardon, parole, commutation of sentence,
19    granting of executive clemency or discharge of an
20    individual who has been sentenced or committed to the
21    agency's custody for any offenses which are mandated by
22    statute to be collected, maintained or disseminated by the
23    Illinois Department of State Police. For an individual who
24    has been charged with any such offense and who escapes
25    from custody or dies while in custody, all information
26    concerning the receipt and escape or death, whichever is

 

 

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1    appropriate, shall also be so furnished to the Illinois
2    State Police Department.
3(Source: P.A. 100-3, eff. 1-1-18; 100-759, eff. 1-1-19.)
 
4    (20 ILCS 2630/2.2)
5    Sec. 2.2. Notification to the Illinois State Police
6Department. Upon judgment of conviction of a violation of
7Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the
8Criminal Code of 1961 or the Criminal Code of 2012 when the
9defendant has been determined, pursuant to Section 112A-11.1
10of the Code of Criminal Procedure of 1963, to be subject to the
11prohibitions of 18 U.S.C. 922(g)(9), the circuit court clerk
12shall include notification and a copy of the written
13determination in a report of the conviction to the Illinois
14Department of State Police Firearm Owner's Identification Card
15Office to enable the office to perform its duties under
16Sections 4 and 8 of the Firearm Owners Identification Card Act
17and to report that determination to the Federal Bureau of
18Investigation to assist the Bureau in identifying persons
19prohibited from purchasing and possessing a firearm pursuant
20to the provisions of 18 U.S.C. 922. The written determination
21described in this Section shall be included in the defendant's
22record of arrest and conviction in the manner and form
23prescribed by the Illinois Department of State Police.
24(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 

 

 

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1    (20 ILCS 2630/3)  (from Ch. 38, par. 206-3)
2    Sec. 3. Information to be furnished peace officers and
3commanding officers of certain military installations in
4Illinois.
5    (A) The Illinois State Police Department shall file or
6cause to be filed all plates, photographs, outline pictures,
7measurements, descriptions and information which shall be
8received by it by virtue of its office and shall make a
9complete and systematic record and index of the same,
10providing thereby a method of convenient reference and
11comparison. The Illinois State Police Department shall
12furnish, upon application, all information pertaining to the
13identification of any person or persons, a plate, photograph,
14outline picture, description, measurements, or any data of
15which there is a record in its office. Such information shall
16be furnished to peace officers of the United States, of other
17states or territories, of the Insular possessions of the
18United States, of foreign countries duly authorized to receive
19the same, to all peace officers of the State of Illinois, to
20investigators of the Illinois Law Enforcement Training
21Standards Board and, conviction information only, to units of
22local government, school districts, private organizations, and
23requesting institutions as defined in Section 2605-345 of the
24Illinois Department of State Police Law under the provisions
25of Section 2605-10, 2605-15, 2605-51, 2605-52, 2605-75,
262605-100, 2605-105, 2605-110, 2605-115, 2605-120, 2605-130,

 

 

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12605-140, 2605-190, 2605-200, 2605-205, 2605-210, 2605-215,
22605-250, 2605-275, 2605-300, 2605-305, 2605-315, 2605-325,
32605-335, 2605-340, 2605-345, 2605-350, 2605-355, 2605-360,
42605-365, 2605-375, 2605-390, 2605-400, 2605-405, 2605-420,
52605-430, 2605-435, 2605-500, 2605-525, or 2605-550 of the
6Illinois Department of State Police Law (20 ILCS 2605/2605-10,
72605/2605-15, 2605/2605-75, 2605/2605-100, 2605/2605-105,
82605/2605-110, 2605/2605-115, 2605/2605-120, 2605/2605-130,
92605/2605-140, 2605/2605-190, 2605/2605-200, 2605/2605-205,
102605/2605-210, 2605/2605-215, 2605/2605-250, 2605/2605-275,
112605/2605-300, 2605/2605-305, 2605/2605-315, 2605/2605-325,
122605/2605-335, 2605/2605-340, 2605/2605-350, 2605/2605-355,
132605/2605-360, 2605/2605-365, 2605/2605-375, 2605/2605-390,
142605/2605-400, 2605/2605-405, 2605/2605-420, 2605/2605-430,
152605/2605-435, 2605/2605-500, 2605/2605-525, or
162605/2605-550). Applications shall be in writing and
17accompanied by a certificate, signed by the peace officer or
18chief administrative officer or his designee making such
19application, to the effect that the information applied for is
20necessary in the interest of and will be used solely in the due
21administration of the criminal laws or for the purpose of
22evaluating the qualifications and character of employees,
23prospective employees, volunteers, or prospective volunteers
24of units of local government, school districts, and private
25organizations, or for the purpose of evaluating the character
26of persons who may be granted or denied access to municipal

 

 

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1utility facilities under Section 11-117.1-1 of the Illinois
2Municipal Code.
3    For the purposes of this subsection, "chief administrative
4officer" is defined as follows:
5        a) The city manager of a city or, if a city does not
6    employ a city manager, the mayor of the city.
7        b) The manager of a village or, if a village does not
8    employ a manager, the president of the village.
9        c) The chairman or president of a county board or, if a
10    county has adopted the county executive form of
11    government, the chief executive officer of the county.
12        d) The president of the school board of a school
13    district.
14        e) The supervisor of a township.
15        f) The official granted general administrative control
16    of a special district, an authority, or organization of
17    government establishment by law which may issue
18    obligations and which either may levy a property tax or
19    may expend funds of the district, authority, or
20    organization independently of any parent unit of
21    government.
22        g) The executive officer granted general
23    administrative control of a private organization defined
24    in Section 2605-335 of the Illinois Department of State
25    Police Law (20 ILCS 2605/2605-335).
26    (B) Upon written application and payment of fees

 

 

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1authorized by this subsection, State agencies and units of
2local government, not including school districts, are
3authorized to submit fingerprints of employees, prospective
4employees and license applicants to the Illinois State Police
5Department for the purpose of obtaining conviction information
6maintained by the Illinois State Police Department and the
7Federal Bureau of Investigation about such persons. The
8Illinois State Police Department shall submit such
9fingerprints to the Federal Bureau of Investigation on behalf
10of such agencies and units of local government. The Illinois
11State Police Department shall charge an application fee, based
12on actual costs, for the dissemination of conviction
13information pursuant to this subsection. The Illinois State
14Police Department is empowered to establish this fee and shall
15prescribe the form and manner for requesting and furnishing
16conviction information pursuant to this subsection.
17    (C) Upon payment of fees authorized by this subsection,
18the Illinois State Police Department shall furnish to the
19commanding officer of a military installation in Illinois
20having an arms storage facility, upon written request of such
21commanding officer or his designee, and in the form and manner
22prescribed by the Illinois State Police Department, all
23criminal history record information pertaining to any
24individual seeking access to such a storage facility, where
25such information is sought pursuant to a federally-mandated
26security or criminal history check.

 

 

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1    The Illinois State Police Department shall establish and
2charge a fee, not to exceed actual costs, for providing
3information pursuant to this subsection.
4(Source: P.A. 97-1120, eff. 1-1-13.)
 
5    (20 ILCS 2630/3.1)  (from Ch. 38, par. 206-3.1)
6    Sec. 3.1. (a) The Illinois State Police Department may
7furnish, pursuant to positive identification, records of
8convictions to the Department of Professional Regulation for
9the purpose of meeting registration or licensure requirements
10under the Private Detective, Private Alarm, Private Security,
11Fingerprint Vendor, and Locksmith Act of 2004.
12    (b) The Illinois State Police Department may furnish,
13pursuant to positive identification, records of convictions to
14policing bodies of this State for the purpose of assisting
15local liquor control commissioners in carrying out their duty
16to refuse to issue licenses to persons specified in paragraphs
17(4), (5) and (6) of Section 6-2 of the Liquor Control Act of
181934.
19    (c) The Illinois State Police Department shall charge an
20application fee, based on actual costs, for the dissemination
21of records pursuant to this Section. Fees received for the
22dissemination of records pursuant to this Section shall be
23deposited in the State Police Services Fund. The Illinois
24State Police Department is empowered to establish this fee and
25to prescribe the form and manner for requesting and furnishing

 

 

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1conviction information pursuant to this Section.
2    (d) Any dissemination of any information obtained pursuant
3to this Section to any person not specifically authorized
4hereby to receive or use it for the purpose for which it was
5disseminated shall constitute a violation of Section 7.
6(Source: P.A. 95-613, eff. 9-11-07.)
 
7    (20 ILCS 2630/3.3)
8    Sec. 3.3. Federal Rap Back Service.
9    (a) In this Section:
10    "National criminal history record check" means a check of
11criminal history records entailing the fingerprinting of the
12person and submission of the fingerprints to the United States
13Federal Bureau of Investigation for the purpose of obtaining
14the national criminal history record of the person from the
15Federal Bureau of Investigation.
16    "Rap Back Service" means the system that enables an
17authorized agency or entity to receive ongoing status
18notifications of any criminal history from the Illinois
19Department of State Police or the Federal Bureau of
20Investigation reported on a person whose fingerprints are
21registered in the system, after approval and implementation of
22the system.
23    (b) Agencies and entities in this State authorized by law
24to conduct or obtain national criminal history background
25checks for persons shall be eligible to participate in the

 

 

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1Federal Rap Back Service administered by the Illinois
2Department of State Police. The Illinois Department of State
3Police may submit fingerprints to the Federal Bureau of
4Investigation Rap Back Service to be retained in the Federal
5Bureau of Investigation Rap Back Service for the purpose of
6being searched by future submissions to the Federal Bureau of
7Investigation Rap Back Service, including latent fingerprint
8searches and to collect all Federal Rap Back Service fees from
9eligible agencies and entities wishing to participate in the
10Rap Back Service and remit those fees to the Federal Bureau of
11Investigation.
12    (c) The Illinois Department of State Police may adopt any
13rules necessary for implementation of this Section.
14(Source: P.A. 100-718, eff. 1-1-19.)
 
15    (20 ILCS 2630/4)  (from Ch. 38, par. 206-4)
16    Sec. 4. The Illinois State Police Department may use the
17following systems of identification: the Bertillon system, the
18fingerprint finger print system, and any system of measurement
19or identification that may be adopted by law or rule in the
20various penal institutions or bureaus of identification
21wherever located.
22    The Illinois State Police Department shall make a record
23consisting of duplicates of all measurements, processes,
24operations, signaletic signalletic cards, plates, photographs,
25outline pictures, measurements, descriptions of and data

 

 

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1relating to all persons confined in penal institutions
2wherever located, so far as the same are obtainable, in
3accordance with whatever system or systems may be found most
4efficient and practical.
5(Source: P.A. 98-756, eff. 7-16-14.)
 
6    (20 ILCS 2630/5)  (from Ch. 38, par. 206-5)
7    Sec. 5. Arrest reports. All policing bodies of this State
8shall furnish to the Illinois State Police Department, daily,
9in the form and detail the Illinois State Police Department
10requires, fingerprints, descriptions, and ethnic and racial
11background data as provided in Section 4.5 of this Act of all
12persons who are arrested on charges of violating any penal
13statute of this State for offenses that are classified as
14felonies and Class A or B misdemeanors and of all minors of the
15age of 10 and over who have been arrested for an offense which
16would be a felony if committed by an adult, and may forward
17such fingerprints and descriptions for minors arrested for
18Class A or B misdemeanors. Moving or nonmoving traffic
19violations under the Illinois Vehicle Code shall not be
20reported except for violations of Chapter 4, Section 11-204.1,
21or Section 11-501 of that Code. In addition, conservation
22offenses, as defined in the Supreme Court Rule 501(c), that
23are classified as Class B misdemeanors shall not be reported.
24Those law enforcement records maintained by the Illinois State
25Police Department for minors arrested for an offense prior to

 

 

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1their 17th birthday, or minors arrested for a non-felony
2offense, if committed by an adult, prior to their 18th
3birthday, shall not be forwarded to the Federal Bureau of
4Investigation unless those records relate to an arrest in
5which a minor was charged as an adult under any of the transfer
6provisions of the Juvenile Court Act of 1987.
7(Source: P.A. 98-528, eff. 1-1-15.)
 
8    (20 ILCS 2630/7)  (from Ch. 38, par. 206-7)
9    Sec. 7. No file or record of the Illinois State Police
10Department hereby created shall be made public, except as
11provided in the "Illinois Uniform Conviction Information Act"
12or other Illinois law or as may be necessary in the
13identification of persons suspected or accused of crime and in
14their trial for offenses committed after having been
15imprisoned for a prior offense; and no information of any
16character relating to its records shall be given or furnished
17by the Illinois State Police said Department to any person,
18bureau or institution other than as provided in this Act or
19other State law, or when a governmental unit is required by
20state or federal law to consider such information in the
21performance of its duties. Violation of this Section shall
22constitute a Class A misdemeanor.
23    However, if an individual requests the Illinois State
24Police Department to release information as to the existence
25or nonexistence of any criminal record he might have, the

 

 

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1Illinois State Police Department shall do so upon determining
2that the person for whom the record is to be released is
3actually the person making the request. The Illinois State
4Police Department shall establish reasonable fees and rules to
5allow an individual to review and correct any criminal history
6record information the Illinois State Police Department may
7hold concerning that individual upon verification of the
8identity of the individual. Such rulemaking is subject to the
9provisions of the Illinois Administrative Procedure Act.
10(Source: P.A. 85-922.)
 
11    (20 ILCS 2630/7.5)
12    Sec. 7.5. Notification of outstanding warrant. If the
13existence of an outstanding arrest warrant is identified by
14the Illinois Department of State Police in connection with the
15criminal history background checks conducted pursuant to
16subsection (b) of Section 2-201.5 of the Nursing Home Care
17Act, Section 2-201.5 of the ID/DD Community Care Act, Section
182-201.5 of the MC/DD Act, or subsection (d) of Section 6.09 of
19the Hospital Licensing Act, the Illinois State Police
20Department shall notify the jurisdiction issuing the warrant
21of the following:
22        (1) Existence of the warrant.
23        (2) The name, address, and telephone number of the
24    licensed long term care facility in which the wanted
25    person resides.

 

 

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1    Local issuing jurisdictions shall be aware that nursing
2facilities have residents who may be fragile or vulnerable or
3who may have a mental illness. When serving a warrant, law
4enforcement shall make every attempt to mitigate the adverse
5impact on other facility residents.
6(Source: P.A. 99-180, eff. 7-29-15.)
 
7    (20 ILCS 2630/8)  (from Ch. 38, par. 206-8)
8    Sec. 8. Crime statistics; sex offenders.
9    (a) The Illinois State Police Department shall be a
10central repository and custodian of crime statistics for the
11State and it shall have all power incident thereto to carry out
12the purposes of this Act, including the power to demand and
13receive cooperation in the submission of crime statistics from
14all units of government. On an annual basis, the Illinois
15Criminal Justice Information Authority shall make available
16compilations published by the Authority of crime statistics
17required to be reported by each policing body of the State, the
18clerks of the circuit court of each county, the Illinois
19Department of Corrections, the Sheriff of each county, and the
20State's Attorney of each county, including, but not limited
21to, criminal arrest, charge and disposition information.
22    (b) The Illinois State Police Department shall develop
23information relating to the number of sex offenders and sexual
24predators as defined in Section 2 of the Sex Offender
25Registration Act who are placed on parole, mandatory

 

 

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1supervised release, or extended mandatory supervised release
2and who are subject to electronic monitoring.
3(Source: P.A. 94-988, eff. 1-1-07.)
 
4    (20 ILCS 2630/9)  (from Ch. 38, par. 206-9)
5    Sec. 9. (a) Every county medical examiner and coroner
6shall, in every death investigation where the identity of a
7dead body cannot be determined by visual means, fingerprints,
8or other identifying data, have a qualified dentist, as
9determined by the county medical examiner or coroner, conduct
10a dental examination of the dead body. If the county medical
11examiner or coroner, with the aid of the dental examination
12and other identifiers, is still unable to establish the
13identity of the dead body, the medical examiner or coroner
14shall forthwith submit the dental records to the Illinois
15State Police Department.
16    (b) If a person reported missing has not been found within
1730 days, the law enforcement agency to whom the person was
18reported missing shall, within the next 5 days, make all
19necessary efforts to locate and request from the family or
20next of kin of the missing person written consent to contact
21and receive from the dentist of the missing person that
22person's dental records and shall forthwith make every
23reasonable effort to acquire such records. Within 5 days of
24the receipt of the missing person's dental records, the law
25enforcement agency shall submit such records to the Illinois

 

 

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1State Police Department.
2    (c) The Illinois State Police Department shall be the
3State central repository for all dental records submitted
4pursuant to this Section. The Illinois State Police Department
5may promulgate rules for the form and manner of submission of
6dental records, reporting of the location or identification of
7persons for whom dental records have been submitted and other
8procedures for program operations.
9    (d) When a person who has been reported missing is located
10and that person's dental records have been submitted to the
11Illinois State Police Department, the law enforcement agency
12which submitted that person's dental records to the Illinois
13State Police Department shall report that fact to the Illinois
14State Police Department and the Illinois State Police
15Department shall expunge the dental records of that person
16from the Illinois State Police's Department's file. The
17Illinois State Police Department shall also expunge from its
18files the dental records of those dead and missing persons who
19are positively identified as a result of comparisons made with
20its files, the files maintained by other states, territories,
21insular possessions of the United States, or the United
22States.
23(Source: P.A. 84-255.)
 
24    (20 ILCS 2630/9.5)
25    Sec. 9.5. Material for DNA fingerprint analysis. Every

 

 

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1county medical examiner and coroner shall provide to the
2Illinois State Police Department a sample of dried blood and
3buccal specimens (tissue may be submitted if no uncontaminated
4blood or buccal specimens can be obtained) from a dead body for
5DNA fingerprint analysis if the Illinois State Police
6Department notifies the medical examiner or coroner that the
7Illinois State Police Department has determined that providing
8that sample may be useful for law enforcement purposes in a
9criminal investigation. In addition, if a local law
10enforcement agency notifies a county medical examiner or
11coroner that such a sample would be useful in a criminal
12examination, the county medical examiner or coroner shall
13provide a sample to the local law enforcement agency for
14submission to the Illinois State Police Department.
15(Source: P.A. 95-500, eff. 1-1-08.)
 
16    (20 ILCS 2630/10)  (from Ch. 38, par. 206-10)
17    Sec. 10. Judicial Remedies. The Attorney General or a
18State's Attorney may bring suit in the circuit courts to
19prevent and restrain violations of the Illinois Uniform
20Conviction Information Act, enacted by the 85th General
21Assembly and to enforce the reporting provisions of Section
222.1 of this Act. The Illinois Department of State Police may
23request the Attorney General to bring any such action
24authorized by this subsection.
25(Source: P.A. 85-922.)
 

 

 

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1    (20 ILCS 2630/13)
2    Sec. 13. Retention and release of sealed records.
3    (a) The Illinois Department of State Police shall retain
4records sealed under subsection (c) or (e-5) of Section 5.2 or
5impounded under subparagraph (B) or (B-5) of paragraph (9) of
6subsection (d) of Section 5.2 and shall release them only as
7authorized by this Act. Felony records sealed under subsection
8(c) or (e-5) of Section 5.2 or impounded under subparagraph
9(B) or (B-5) of paragraph (9) of subsection (d) of Section 5.2
10shall be used and disseminated by the Illinois State Police
11Department only as otherwise specifically required or
12authorized by a federal or State law, rule, or regulation that
13requires inquiry into and release of criminal records,
14including, but not limited to, subsection (A) of Section 3 of
15this Act. However, all requests for records that have been
16expunged, sealed, and impounded and the use of those records
17are subject to the provisions of Section 2-103 of the Illinois
18Human Rights Act. Upon conviction for any offense, the
19Department of Corrections shall have access to all sealed
20records of the Illinois State Police Department pertaining to
21that individual.
22    (b) Notwithstanding the foregoing, all sealed or impounded
23records are subject to inspection and use by the court and
24inspection and use by law enforcement agencies and State's
25Attorneys or other prosecutors in carrying out the duties of

 

 

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1their offices.
2    (c) The sealed or impounded records maintained under
3subsection (a) are exempt from disclosure under the Freedom of
4Information Act.
5    (d) The Illinois Department of State Police shall commence
6the sealing of records of felony arrests and felony
7convictions pursuant to the provisions of subsection (c) of
8Section 5.2 of this Act no later than one year from the date
9that funds have been made available for purposes of
10establishing the technologies necessary to implement the
11changes made by this amendatory Act of the 93rd General
12Assembly.
13(Source: P.A. 97-1026, eff. 1-1-13; 97-1120, eff. 1-1-13;
1498-399, eff. 8-16-13; 98-463, eff. 8-16-13.)
 
15    (20 ILCS 2630/14)
16    Sec. 14. Expungement Backlog Accountability Law.
17    (a) On or before August 1 of each year, the Illinois
18Department of State Police shall report to the Governor, the
19Attorney General, the Office of the State Appellate Defender,
20and both houses of the General Assembly the following
21information for the previous fiscal year:
22        (1) the number of petitions to expunge received by the
23    Illinois State Police Department;
24        (2) the number of petitions to expunge to which the
25    Illinois State Police Department objected pursuant to

 

 

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1    subdivision (d)(5)(B) of Section 5.2 of this Act;
2        (3) the number of petitions to seal records received
3    by the Illinois State Police Department;
4        (4) the number of petitions to seal records to which
5    the Illinois State Police Department objected pursuant to
6    subdivision (d)(5)(B) of Section 5.2 of this Act;
7        (5) the number of orders to expunge received by the
8    Illinois State Police Department;
9        (6) the number of orders to expunge to which the
10    Illinois State Police Department successfully filed a
11    motion to vacate, modify or reconsider under paragraph
12    (12) of subsection (d) of Section 5.2 of this Act;
13        (7) the number of orders to expunge records entered by
14    the Illinois State Police Department;
15        (8) the number of orders to seal records received by
16    the Illinois State Police Department;
17        (9) the number of orders to seal records to which the
18    Illinois State Police Department successfully filed a
19    motion to vacate, modify or reconsider under paragraph
20    (12) of subsection (d) of Section 5.2 of this Act;
21        (10) the number of orders to seal records entered by
22    the Illinois State Police Department;
23        (11) the amount of fees received by the Illinois State
24    Police Department pursuant to subdivision (d)(10) of
25    Section 5.2 of this Act and deposited into the State
26    Police Services Fund;

 

 

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1        (12) the number of orders to expunge or to seal
2    records received by the Illinois State Police Department
3    that have not been entered as of June 30 of the previous
4    fiscal year.
5    (b) The information reported under this Section shall be
6made available to the public, at the time it is reported, on
7the official web site of the Illinois Department of State
8Police.
9    (c) Upon request of a State's Attorney or the Attorney
10General, the Illinois State Police Department shall provide
11within 90 days a list of all orders to expunge or seal with
12which the Illinois State Police Department has not yet
13complied. This list shall include the date of the order, the
14name of the petitioner, the case number, and a detailed
15statement of the basis for non-compliance.
16(Source: P.A. 98-163, eff. 8-5-13.)
 
17    Section 225. The Illinois Uniform Conviction Information
18Act is amended by changing the title of the Act and Sections 2,
193, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 17, 19, 20, and 21
20as follows:
 
21    (20 ILCS 2635/Act title)
22An Act providing for uniform, public access to conviction
23records maintained by the Illinois Department of State Police,
24amending certain Acts in relation thereto.
 

 

 

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1    (20 ILCS 2635/2)  (from Ch. 38, par. 1602)
2    Sec. 2. Legislative Findings and Purposes. (A) The
3legislature finds and hereby declares that conviction
4information maintained by the Illinois Department of State
5Police shall be publicly available in the State of Illinois.
6    (B) The purpose of this Act is: (1) to establish uniform
7policy for gaining access to and disseminating conviction
8information maintained by the State of Illinois; (2) to
9establish guidelines and priorities which fully support
10effective law enforcement and ongoing criminal investigations
11and which ensure that conviction information is made
12accessible within appropriate time frames; (3) to ensure the
13accuracy and completeness of conviction information in the
14State of Illinois; and (4) to establish procedures for
15effectively correcting errors and providing individuals with
16redress of grievances in the event that inaccurate or
17incomplete information may be disseminated about them.
18(Source: P.A. 85-922.)
 
19    (20 ILCS 2635/3)  (from Ch. 38, par. 1603)
20    Sec. 3. Definitions. Whenever used in this Act, and for
21the purposes of this Act, unless the context clearly indicates
22otherwise:
23    (A) "Accurate" means factually correct, containing no
24mistake or error of a material nature.

 

 

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1    (B) The phrase "administer the criminal laws" includes any
2of the following activities: intelligence gathering,
3surveillance, criminal investigation, crime detection and
4prevention (including research), apprehension, detention,
5pretrial or post-trial release, prosecution, the correctional
6supervision or rehabilitation of accused persons or criminal
7offenders, criminal identification activities, data analysis
8and research done by the sentencing commission, or the
9collection, maintenance or dissemination of criminal history
10record information.
11    (C) "The Authority" means the Illinois Criminal Justice
12Information Authority.
13    (D) "Automated" means the utilization of computers,
14telecommunication lines, or other automatic data processing
15equipment for data collection or storage, analysis,
16processing, preservation, maintenance, dissemination, or
17display and is distinguished from a system in which such
18activities are performed manually.
19    (E) "Complete" means accurately reflecting all the
20criminal history record information about an individual that
21is required to be reported to the Illinois State Police
22Department pursuant to Section 2.1 of the Criminal
23Identification Act.
24    (F) "Conviction information" means data reflecting a
25judgment of guilt or nolo contendere. The term includes all
26prior and subsequent criminal history events directly relating

 

 

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1to such judgments, such as, but not limited to: (1) the
2notation of arrest; (2) the notation of charges filed; (3) the
3sentence imposed; (4) the fine imposed; and (5) all related
4probation, parole, and release information. Information ceases
5to be "conviction information" when a judgment of guilt is
6reversed or vacated.
7    For purposes of this Act, continuances to a date certain
8in furtherance of an order of supervision granted under
9Section 5-6-1 of the Unified Code of Corrections or an order of
10probation granted under either Section 10 of the Cannabis
11Control Act, Section 410 of the Illinois Controlled Substances
12Act, Section 70 of the Methamphetamine Control and Community
13Protection Act, Section 12-4.3 or subdivision (b)(1) of
14Section 12-3.05 of the Criminal Code of 1961 or the Criminal
15Code of 2012, Section 10-102 of the Illinois Alcoholism and
16Other Drug Dependency Act, Section 40-10 of the Substance Use
17Disorder Act, or Section 10 of the Steroid Control Act shall
18not be deemed "conviction information".
19    (G) "Criminal history record information" means data
20identifiable to an individual, including information collected
21under Section 4.5 of the Criminal Identification Act, and
22consisting of descriptions or notations of arrests,
23detentions, indictments, informations, pretrial proceedings,
24trials, or other formal events in the criminal justice system
25or descriptions or notations of criminal charges (including
26criminal violations of local municipal ordinances) and the

 

 

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1nature of any disposition arising therefrom, including
2sentencing, court or correctional supervision, rehabilitation
3and release. The term does not apply to statistical records
4and reports in which individuals are not identified and from
5which their identities are not ascertainable, or to
6information that is for criminal investigative or intelligence
7purposes.
8    (H) "Criminal justice agency" means (1) a government
9agency or any subunit thereof which is authorized to
10administer the criminal laws and which allocates a substantial
11part of its annual budget for that purpose, or (2) an agency
12supported by public funds which is authorized as its principal
13function to administer the criminal laws and which is
14officially designated by the Illinois State Police Department
15as a criminal justice agency for purposes of this Act.
16    (I) (Blank). "The Department" means the Illinois
17Department of State Police.
18    (J) "Director" means the Director of the Illinois
19Department of State Police.
20    (K) "Disseminate" means to disclose or transmit conviction
21information in any form, oral, written, or otherwise.
22    (L) "Exigency" means pending danger or the threat of
23pending danger to an individual or property.
24    (M) "Non-criminal justice agency" means a State agency,
25Federal agency, or unit of local government that is not a
26criminal justice agency. The term does not refer to private

 

 

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1individuals, corporations, or non-governmental agencies or
2organizations.
3    (M-5) "Request" means the submission to the Illinois State
4Police Department, in the form and manner required, the
5necessary data elements or fingerprints, or both, to allow the
6Illinois State Police Department to initiate a search of its
7criminal history record information files.
8    (N) "Requester" means any private individual, corporation,
9organization, employer, employment agency, labor organization,
10or non-criminal justice agency that has made a request
11pursuant to this Act to obtain conviction information
12maintained in the files of the Illinois Department of State
13Police regarding a particular individual.
14    (O) "Statistical information" means data from which the
15identity of an individual cannot be ascertained,
16reconstructed, or verified and to which the identity of an
17individual cannot be linked by the recipient of the
18information.
19    (P) "Sentencing commission" means the Sentencing Policy
20Advisory Council.
21(Source: P.A. 99-880, eff. 8-22-16; 100-201, eff. 8-18-17;
22100-759, eff. 1-1-19.)
 
23    (20 ILCS 2635/4)  (from Ch. 38, par. 1604)
24    Sec. 4. Applicability.
25    (A) The provisions of this Act shall apply only to

 

 

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1conviction information mandated by statute to be reported to
2or to be collected, maintained, or disseminated by the
3Illinois Department of State Police.
4    (B) The provisions of this Act shall not apply to
5statistical information.
6    (C) In the event of conflict between the application of
7this Act and the statutes listed in paragraphs (1), (2), (3),
8(4), or (5) below, the statutes listed below, as hereafter
9amended, shall control unless specified otherwise:
10        (1) The Juvenile Court Act of 1987; or
11        (2) Section 5-3-4 of the Unified Code of Corrections;
12    or
13        (3) Paragraph (4) of Section 12 of the Probation and
14    Probation Officers Act; or
15        (4) Section 2.1 of the Criminal Identification Act; or
16        (5) The Pretrial Services Act.
17(Source: P.A. 89-198, eff. 7-21-95; 89-626, eff. 8-9-96.)
 
18    (20 ILCS 2635/5)  (from Ch. 38, par. 1605)
19    Sec. 5. Public Availability of Conviction Information. All
20conviction information mandated by statute to be collected and
21maintained by the Illinois Department of State Police shall be
22open to public inspection in the State of Illinois. All
23persons, state agencies and units of local government shall
24have access to inspect, examine and reproduce such
25information, in accordance with this Act, and shall have the

 

 

HB3655- 355 -LRB102 16922 WGH 22334 b

1right to take memoranda and abstracts concerning such
2information, except to the extent that the provisions of this
3Act or other Illinois statutes might create specific
4restrictions on the use or disclosure of such information.
5(Source: P.A. 85-922.)
 
6    (20 ILCS 2635/6)  (from Ch. 38, par. 1606)
7    Sec. 6. Dissemination Time Frames and Priorities. (A) The
8Illinois State Police's Department's duty and obligation to
9furnish criminal history record information to peace officers
10and criminal justice agencies shall take precedence over any
11requirement of this Act to furnish conviction information to
12non-criminal justice agencies or to the public. When, in the
13judgment of the Director, such duties and obligations are
14being fulfilled in a timely manner, the Illinois State Police
15Department shall furnish conviction information to requesters
16in accordance with the provisions of this Act. The Illinois
17State Police Department may give priority to requests for
18conviction information from non-criminal justice agencies over
19other requests submitted pursuant to this Act.
20    (B) The Illinois State Police Department shall attempt to
21honor requests for conviction information made pursuant to
22this Act in the shortest time possible. Subject to the
23dissemination priorities of subsection (A) of this Section,
24the Illinois State Police Department shall respond to a
25request for conviction information within 2 weeks from receipt

 

 

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1of a request.
2(Source: P.A. 85-922.)
 
3    (20 ILCS 2635/7)  (from Ch. 38, par. 1607)
4    Sec. 7. Restrictions on the Use of Conviction Information.
5    (A) The following provisions shall apply to requests
6submitted pursuant to this Act for employment or licensing
7purposes or submitted to comply with the provisions of
8subsection (B) of this Section:
9        (1) A requester shall, in the form and manner
10    prescribed by the Illinois State Police Department, submit
11    a request to the Illinois State Police Department, and
12    maintain on file for at least 2 years a release signed by
13    the individual to whom the information request pertains.
14    The Illinois State Police Department shall furnish the
15    requester with a copy of its response.
16        (2) Each requester of conviction information furnished
17    by the Illinois State Police Department shall provide the
18    individual named in the request with a copy of the
19    response furnished by the Illinois State Police
20    Department. Within 7 working days of receipt of such copy,
21    the individual shall have the obligation and
22    responsibility to notify the requester if the information
23    is inaccurate or incomplete.
24        (3) Unless notified by the individual named in the
25    request or by the Illinois State Police Department that

 

 

HB3655- 357 -LRB102 16922 WGH 22334 b

1    the information furnished is inaccurate or incomplete, no
2    requester of conviction information shall be liable for
3    damages to any person to whom the information pertains for
4    actions the requester may reasonably take in reliance on
5    the accuracy and completeness of conviction information
6    received from the Illinois State Police Department
7    pursuant to this act, if: (a) the requester in good faith
8    believes the conviction information furnished by the
9    Illinois State Police Department to be accurate and
10    complete; (b) the requester has complied with the
11    requirements of paragraphs (1) and (2) of this subsection
12    (A); and (c) the identifying information submitted by the
13    requester to the Illinois State Police Department is
14    accurate with respect to the individual about whom the
15    information was requested.
16        (4) Consistent with rules adopted by the Illinois
17    State Police Department pursuant to Section 7 of the
18    Criminal Identification Act "An Act in relation to
19    criminal identification and investigation", approved July
20    2, 1931, as amended, the individual to whom the conviction
21    information pertains may initiate proceedings directly
22    with the Illinois State Police Department to challenge or
23    correct a record furnished by the Illinois State Police
24    Department pursuant to this subsection (A). Such
25    correction proceedings shall be given priority over other
26    individual record review and challenges filed with the

 

 

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1    Illinois State Police Department.
2    (B) Regardless of the purpose of the request, no requester
3of conviction information shall be liable for damages to any
4person to whom the information pertains for actions the
5requester may reasonably take in reliance on the accuracy and
6completeness of conviction information received from the
7Illinois State Police Department pursuant to this Act, if: (1)
8the requester in good faith believes the conviction
9information furnished by the Illinois State Police Department
10to be accurate and complete; (2) the requester has complied
11with the requirements of paragraphs (1) and (2) of subsection
12(A) of this Section; and (3) the identifying information
13submitted by the requester to the Illinois State Police
14Department is accurate with respect to the individual about
15whom the information was requested.
16(Source: P.A. 88-368.)
 
17    (20 ILCS 2635/8)  (from Ch. 38, par. 1608)
18    Sec. 8. Form, Manner and Fees for Requesting and Obtaining
19Conviction Information.
20    (A) The Illinois State Police Department shall prescribe
21the form and manner for requesting and furnishing conviction
22information pursuant to this Act. The Illinois State Police
23Department shall prescribe the types of identifying
24information that must be submitted to the Illinois State
25Police Department in order to process any request for

 

 

HB3655- 359 -LRB102 16922 WGH 22334 b

1conviction information and the form and manner for making such
2application, consistent with this Act.
3    (B) The Illinois State Police Department shall establish
4the maximum fee it shall charge and assess for processing
5requests for conviction information, and the Authority shall
6establish the maximum fee that other criminal justice agencies
7shall charge and assess for processing requests for conviction
8information pursuant to this Act. Such fees shall include the
9general costs associated with performing a search for all
10information about each person for which a request is received
11including classification, search, retrieval, reproduction,
12manual and automated data processing, telecommunications
13services, supplies, mailing and those general costs associated
14with the inquiries required by subsection (B) of Section 9 and
15Section 13 of this Act, and, when applicable, such fees shall
16provide for the direct payment to or reimbursement of a
17criminal justice agency for assisting the requester or the
18Illinois State Police Department pursuant to this Act. In
19establishing the fees required by this Section, the Illinois
20State Police Department and the Authority may also take into
21account the costs relating to multiple or automated requests
22and disseminations and the costs relating to any other special
23factors or circumstances required by statute or rule. The
24maximum fees established by the Authority pursuant to this
25Section may be waived or reduced at the discretion of a
26criminal justice agency.

 

 

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1(Source: P.A. 94-365, eff. 7-29-05.)
 
2    (20 ILCS 2635/9)  (from Ch. 38, par. 1609)
3    Sec. 9. Procedural Requirements for Disseminating
4Conviction Information.
5    (A) In accordance with the time parameters of Section 6
6and the requirements of subsection (B) of this Section 9, the
7Illinois State Police Department shall either: (1) transmit
8conviction information to the requester, including an
9explanation of any code or abbreviation; (2) explain to the
10requester why the information requested cannot be transmitted;
11or (3) inform the requester of any deficiency in the request.
12    (B) Prior to a non-automated dissemination or within 30
13days subsequent to an automated dissemination made pursuant to
14this Act, the Illinois State Police Department shall first
15conduct a formal update inquiry and review to make certain
16that the information disseminated is complete, except (1) in
17cases of exigency, (2) upon request of another criminal
18justice agency, (3) for conviction information that is less
19than 30 days old, or (4) for information intentionally
20fabricated upon the express written authorization of the
21Director of the Illinois State Police to support undercover
22law enforcement efforts.
23    It shall be the responsibility of the Illinois State
24Police Department to retain a record of every extra-agency
25dissemination of conviction information for a period of not

 

 

HB3655- 361 -LRB102 16922 WGH 22334 b

1less than 3 years. Such records shall be subject to audit by
2the Illinois State Police Department, and shall, upon request,
3be supplied to the individual to whom the information pertains
4for requests from members of the general public, corporations,
5organizations, employers, employment agencies, labor
6organizations and non-criminal justice agencies. At a minimum,
7the following information shall be recorded and retained by
8the Illinois State Police Department:
9        (1) The name of the individual to whom the
10    disseminated information pertains;
11        (2) The name of the individual requesting the
12    information;
13        (3) The date of the request;
14        (4) The name and address of the private individual,
15    corporation, organization, employer, employment agency,
16    labor organization or non-criminal justice agency
17    receiving the information; and
18        (5) The date of the dissemination.
19(Source: P.A. 91-357, eff. 7-29-99.)
 
20    (20 ILCS 2635/10)  (from Ch. 38, par. 1610)
21    Sec. 10. Dissemination requests Based Upon Fingerprint
22Identification. When fingerprint identification accompanies a
23request for conviction information maintained by the Illinois
24State Police Department, an appropriate statement shall be
25issued by the Illinois State Police Department indicating that

 

 

HB3655- 362 -LRB102 16922 WGH 22334 b

1the information furnished by the Illinois State Police
2Department positively pertains to the individual whose
3fingerprints were submitted and that the response contains all
4the conviction information that has been reported to the
5Illinois State Police Department pursuant to Section 2.1 of
6the Criminal Identification Act "An Act in relation to
7criminal identification and investigation", approved July 2,
81931, as amended.
9(Source: P.A. 85-922.)
 
10    (20 ILCS 2635/11)  (from Ch. 38, par. 1611)
11    Sec. 11. Dissemination requests Not Based Upon Fingerprint
12Identification. (A) When a requester is not legally mandated
13to submit positive fingerprint identification to the Illinois
14State Police Department or when a requester is precluded from
15submitting positive fingerprint identification to the Illinois
16State Police Department due to exigency, an appropriate
17warning shall be issued by the Illinois State Police
18Department indicating that the information furnished cannot be
19identified with certainty as pertaining to the individual
20named in the request and may only be relied upon as being
21accurate and complete if the requester has first complied with
22the requirements of subsection (B) of Section 7.
23    (B) If the identifying information submitted by the
24requester to the Illinois State Police Department corresponds
25to more than one individual found in the files maintained by

 

 

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1the Illinois State Police Department, the Illinois State
2Police Department shall not disclose the information to the
3requester, unless it is determined by the Illinois State
4Police Department that dissemination is still warranted due to
5exigency or to administer the criminal laws. In such
6instances, the Illinois State Police Department may require
7the requester to submit additional identifying information or
8fingerprints in the form and manner prescribed by the Illinois
9State Police Department.
10(Source: P.A. 85-922.)
 
11    (20 ILCS 2635/12)  (from Ch. 38, par. 1612)
12    Sec. 12. Error Notification and Correction Procedure. It
13is the duty and responsibility of the Illinois State Police
14Department to maintain accurate and complete criminal history
15record information and to correct or update such information
16after determination by audit, individual review and challenge
17procedures, or by other verifiable means, that it is
18incomplete or inaccurate. Except as may be required for a
19longer period of time by Illinois law, the Illinois State
20Police Department shall notify a requester if a subsequent
21disposition of conviction or a subsequent modification of
22conviction information has been reported to the Illinois State
23Police Department within 30 days of responding to the
24requester.
25(Source: P.A. 85-922.)
 

 

 

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1    (20 ILCS 2635/13)  (from Ch. 38, par. 1613)
2    Sec. 13. Limitation on Further Dissemination. Unless
3otherwise permitted by law or in the case of exigency, the
4subsequent dissemination of conviction information furnished
5by the Illinois State Police Department pursuant to this Act
6shall only be permitted by a requester for the 30 day period
7immediately following receipt of the information. Except as
8permitted in this Section, any requester still wishing to
9further disseminate or to rely on the accuracy and
10completeness of conviction information more than 30 days from
11receipt of the information from the Illinois State Police
12Department shall initiate a new request to the Illinois State
13Police Department for current information.
14(Source: P.A. 88-368.)
 
15    (20 ILCS 2635/14)  (from Ch. 38, par. 1614)
16    Sec. 14. Judicial Remedies. (A) The Attorney General or a
17State's Attorney may bring suit in the circuit courts to
18prevent and restrain violations of this Act and to enforce the
19reporting provisions of Section 2.1 of the Criminal
20Identification Act "An Act in relation to criminal
21identification and investigation", approved July 2, 1931, as
22amended. The Illinois State Police Department may request the
23Attorney General to bring any such action authorized by this
24subsection.

 

 

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1    (B) An individual aggrieved by a violation of this Act by a
2State agency or unit of local government shall have the right
3to pursue a civil action for damages or other appropriate
4legal or equitable remedy, including an action to compel the
5Illinois State Police Department to disclose or correct
6conviction information in its files, once administrative
7remedies have been exhausted.
8    (C) Any civil action for damages alleging the negligent
9dissemination of inaccurate or incomplete conviction
10information by a State agency or by a unit of local government
11in violation of this Act may only be brought against the State
12agency or unit of local government and shall not be brought
13against any employee or official thereof.
14    (D) Civil remedies authorized by this Section may be
15brought in any circuit court of the State of Illinois in the
16county in which the violation occurs or in the county where the
17State agency or unit of local government is situated; except
18all damage claims against the State of Illinois for violations
19of this Act shall be determined by the Court of Claims.
20(Source: P.A. 85-922.)
 
21    (20 ILCS 2635/15)  (from Ch. 38, par. 1615)
22    Sec. 15. Civil Damages. (A) In any action brought pursuant
23to this Act, an individual aggrieved by any violation of this
24Act shall be entitled to recover actual and general
25compensatory damages for each violation, together with costs

 

 

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1and attorney's fees reasonably incurred, consistent with
2Section 16 of this Act. In addition, an individual aggrieved
3by a willful violation of this Act shall be entitled to recover
4$1,000. In addition, an individual aggrieved by a non-willful
5violation of this Act for which there has been dissemination
6of inaccurate or incomplete conviction information shall be
7entitled to recover $200; provided, however, if conviction
8information is determined to be incomplete or inaccurate, by
9audit, by individual review and challenge procedures, or by
10other verifiable means, then the individual aggrieved shall
11only be entitled to recover such amount if the Illinois State
12Police Department fails to correct the information within 30
13days.
14    (B) For the purposes of this Act, the State of Illinois
15shall be liable for damages as provided in this Section and for
16attorney's fees and litigation costs as provided in Section 16
17of this Act. All damage claims against the State of Illinois or
18any of its agencies for violations of this Act shall be
19determined by the Court of Claims.
20    (C) For purposes of limiting the amount of civil damages
21that may be assessed against the State of Illinois or a unit of
22local government pursuant to this Section, a State agency, a
23unit of local government, and the officials or employees of a
24State agency or a unit of local government may in good faith
25rely upon the assurance of another State agency or unit of
26local government that conviction information is maintained or

 

 

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1disseminated in compliance with the provisions of this Act.
2However, such reliance shall not constitute a defense with
3respect to equitable or declaratory relief.
4    (D) For purposes of limiting the amount of damages that
5may be assessed against the State of Illinois pursuant to this
6Section, the Illinois State Police Department may in good
7faith presume that the conviction information reported to it
8by a clerk of the circuit court or a criminal justice agency is
9accurate. However, such presumption shall not constitute a
10defense with respect to equitable or declaratory relief.
11(Source: P.A. 85-922.)
 
12    (20 ILCS 2635/17)  (from Ch. 38, par. 1617)
13    Sec. 17. Administrative Sanctions. The Illinois State
14Police Department shall refuse to comply with any request to
15furnish conviction information maintained in its files, if the
16requester has not acted in accordance with the requirements of
17this Act or rules and regulations issued pursuant thereto. The
18requester may appeal such a refusal by the Illinois State
19Police Department to the Director. Upon written application by
20the requester, the Director shall hold a hearing to determine
21whether dissemination of the requested information would be in
22violation of this Act or rules and regulations issued pursuant
23to it or other federal or State law pertaining to the
24collection, maintenance or dissemination of criminal history
25record information. When the Director finds such a violation,

 

 

HB3655- 368 -LRB102 16922 WGH 22334 b

1the Illinois State Police Department shall be prohibited from
2disseminating conviction information to the requester, under
3such terms and conditions and for such periods of time as the
4Director deems appropriate.
5(Source: P.A. 85-922.)
 
6    (20 ILCS 2635/19)  (from Ch. 38, par. 1619)
7    Sec. 19. Coordinating and Implementing Policy. The
8Illinois State Police Department shall adopt rules to
9prescribe the appropriate form, manner and fees for complying
10with the requirements of this Act. The Authority shall adopt
11rules to prescribe form, manner and maximum fees which the
12Authority is authorized to establish pursuant to subsection
13(B) of Section 8 of this Act. Such rulemaking is subject to the
14provisions of the Illinois Administrative Procedure Act.
15(Source: P.A. 85-922.)
 
16    (20 ILCS 2635/20)  (from Ch. 38, par. 1620)
17    Sec. 20. State Liability and Indemnification of Units of
18Local Government. (A) The State of Illinois shall guarantee
19the accuracy and completeness of conviction information
20disseminated by the Illinois State Police Department that is
21based upon fingerprint identification. The State of Illinois
22shall not be liable for the accuracy and completeness of any
23information disseminated upon identifying information other
24than fingerprints.

 

 

HB3655- 369 -LRB102 16922 WGH 22334 b

1    (B) The State of Illinois shall indemnify a clerk of the
2circuit court, a criminal justice agency, and their employees
3and officials from, and against, all damage claims brought by
4others due to dissemination by the Illinois State Police
5Department of inaccurate or incomplete conviction information
6based upon positive fingerprint identification, provided that
7the conviction information in question was initially reported
8to the Illinois State Police Department accurately and in the
9timely manner mandated by Section 2.1 of the Criminal
10Identification Act "An Act in relation to criminal
11identification and investigation", approved July 2, 1931, as
12amended.
13(Source: P.A. 85-922.)
 
14    (20 ILCS 2635/21)  (from Ch. 38, par. 1621)
15    Sec. 21. Audits. The Illinois State Police Department
16shall regularly conduct representative audits of the criminal
17history record keeping and criminal history record reporting
18policies, practices, and procedures of the repositories for
19such information in Illinois to ensure compliance with the
20provisions of this Act and Section 2.1 of the Criminal
21Identification Act "An Act in relation to criminal
22identification and investigation", approved July 2, 1931, as
23amended. The findings of such audits shall be reported to the
24Governor, General Assembly, and, upon request, to members of
25the general public.

 

 

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1(Source: P.A. 85-922.)
 
2    Section 230. The Criminal Diversion Racial Impact Data
3Collection Act is amended by changing Sections 5 and 15 as
4follows:
 
5    (20 ILCS 2637/5)
6    (Section scheduled to be repealed on December 31, 2021)
7    Sec. 5. Legislative intent. Racial and ethnic disparity in
8the criminal justice system, or the over-representation of
9certain minority groups compared to their representation in
10the general population, has been well documented, along with
11the harmful effects of such disproportionality. There is no
12single cause of the racial and ethnic disparity evident at
13every stage of the criminal justice system; suggested causes
14have included differing patterns of criminal activity, law
15enforcement activity, and discretionary decisions of criminal
16justice practitioners, along with effects of legislative
17policies. In order to make progress in reducing this harmful
18phenomenon, information on the racial composition of offenders
19at each stage of the criminal justice system must be
20systematically gathered and analyzed to lay the foundation for
21determining the impact of proposed remedies. Gaps of
22information at any stage will hamper valid analysis at
23subsequent stages. At the earliest stages of the criminal
24justice system, systematic statewide information on arrested

 

 

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1persons, including race and ethnicity, is collected in the
2Illinois State Police Criminal History Record Information
3System. However, under the Criminal Identification Act,
4systematic statewide information on the racial and ethnic
5composition of adults diverted from arrest by law enforcement
6and diverted from prosecution by each county's State's
7Attorney's office is not available. Therefore, it is the
8intent of this legislation to provide a mechanism by which
9statewide data on the race and ethnicity of offenders diverted
10from the criminal justice system before the filing of a court
11case can be provided by the criminal justice entity involved
12for future racial disparity impact analyses of the criminal
13justice system.
14(Source: P.A. 99-666, eff. 1-1-17.)
 
15    (20 ILCS 2637/15)
16    (Section scheduled to be repealed on December 31, 2021)
17    Sec. 15. Reporting; publication.
18    (a) Under the reporting guidelines for law enforcement
19agencies in Sections 2.1, 4.5, and 5 of the Criminal
20Identification Act, the Authority shall determine and report
21the number of persons arrested and released without being
22charged, and report the racial and ethnic composition of those
23persons.
24    (b) Under the reporting guidelines for State's Attorneys
25in Sections 2.1, 4.5, and 5 of the Criminal Identification

 

 

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1Act, the Authority shall determine and report the number of
2persons for which formal charges were dismissed, and the race
3and ethnicity of those persons.
4    (c) Under the reporting guidelines for circuit court
5clerks in Sections 2.1, 4.5, and 5 of the Criminal
6Identification Act, the Authority shall determine and report
7the number of persons admitted to a diversion from prosecution
8program, and the racial and ethnic composition of those
9persons, separated by each type of diversion program.
10    (d) The Authority shall publish the information received
11and an assessment of the quality of the information received,
12aggregated to the county level in the case of law enforcement
13reports, on its publicly available website for the previous
14calendar year, as affirmed by each reporting agency at the
15time of its report submission.
16    (e) The Authority, Illinois Department of State Police,
17Administrative Office of the Illinois Courts, and Illinois
18State's Attorneys Association may collaborate on any necessary
19training concerning the provisions of this Act.
20(Source: P.A. 99-666, eff. 1-1-17.)
 
21    Section 235. The Statewide Organized Gang Database Act is
22amended by changing Sections 5 and 10 as follows:
 
23    (20 ILCS 2640/5)
24    Sec. 5. Definitions. As used in this Act:

 

 

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1    "Department" means the Department of State Police.
2    "Director" means the Director of the Illinois State
3Police.
4    "Organized gang" has the meaning ascribed to it in Section
510 of the Illinois Streetgang Terrorism Omnibus Prevention
6Act.
7    A "SWORD terminal" is an interactive computerized
8communication and processing unit that permits a direct
9on-line communication with the Illinois Department of State
10Police's central data repository, the Statewide Organized Gang
11Database (SWORD).
12(Source: P.A. 87-932; 88-467.)
 
13    (20 ILCS 2640/10)
14    Sec. 10. Duties of the Illinois State Police Department.
15The Illinois State Police Department may:
16    (a) provide a uniform reporting format for the entry of
17pertinent information regarding the report of an arrested
18organized gang member or organized gang affiliate into SWORD;
19    (b) notify all law enforcement agencies that reports of
20arrested organized gang members or organized gang affiliates
21shall be entered into the database as soon as the minimum level
22of data specified by the Illinois State Police Department is
23available to the reporting agency, and that no waiting period
24for the entry of that data exists;
25    (c) develop and implement a policy for notifying law

 

 

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1enforcement agencies of the emergence of new organized gangs,
2or the change of a name or other identifying sign by an
3existing organized gang;
4    (d) compile and retain information regarding organized
5gangs and their members and affiliates, in a manner that
6allows the information to be used by law enforcement and other
7agencies, deemed appropriate by the Director, for
8investigative purposes;
9    (e) compile and maintain a historic data repository
10relating to organized gangs and their members and affiliates
11in order to develop and improve techniques utilized by law
12enforcement agencies and prosecutors in the investigation,
13apprehension, and prosecution of members and affiliates of
14organized gangs;
15    (f) create a quality control program regarding
16confirmation of organized gang membership and organized gang
17affiliation data, timeliness and accuracy of information
18entered into SWORD, and performance audits of all entering
19agencies;
20    (g) locate all law enforcement agencies that could, in the
21opinion of the Director, benefit from access to SWORD, and
22notify them of its existence; and
23    (h) cooperate with all law enforcement agencies wishing to
24gain access to the SWORD system, and facilitate their entry
25into the system and their continued maintenance of access to
26it.

 

 

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1(Source: P.A. 87-932.)
 
2    Section 240. The Statewide Senior Citizen Victimizer
3Database Act is amended by changing Sections 5 and 10 as
4follows:
 
5    (20 ILCS 2645/5)
6    Sec. 5. Definitions. In this Act:
7    "Department" means Department of State Police.
8    "Director" means the Director of the Illinois State
9Police.
10    "Senior citizen" means a person of the age of 60 years or
11older.
12    "Senior citizen victimizer" means a person who has been
13arrested for committing an offense against a senior citizen.
14    "Statewide Senior Citizen Victimizer Database Terminal"
15means an interactive computerized communication and processing
16unit that permits direct on-line communication with the
17Illinois Department of State Police's Statewide Senior Citizen
18Victimizer Database.
19(Source: P.A. 92-246, eff. 1-1-02.)
 
20    (20 ILCS 2645/10)
21    Sec. 10. Duties of the Illinois State Police Department.
22The Illinois State Police Department may:
23    (a) Provide a uniform reporting format for the entry of

 

 

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1pertinent information regarding the report of an arrested
2senior citizen victimizer into the Senior Citizen Victimizer
3Database Terminal;
4    (b) Notify all law enforcement agencies that reports of
5arrested senior citizen victimizers shall be entered into the
6database as soon as the minimum level of data of information
7specified by the Illinois State Police Department is available
8to the reporting agency, and that no waiting period for the
9entry of that data exists;
10    (c) Compile and maintain a data repository relating to
11senior citizen victimizers in order to gather information
12regarding the various modus operandi used to victimize senior
13citizens, groups that tend to routinely target senior
14citizens, areas of the State that senior citizen victimizers
15tend to frequent, and the type of persons senior citizen
16victimizers routinely target;
17    (d) Develop and improve techniques used by law enforcement
18agencies and prosecutors in the investigation, apprehension,
19and prosecution of senior citizen victimizers;
20    (e) Locate all law enforcement agencies that could, in the
21opinion of the Director, benefit from access to the Statewide
22Senior Citizen Victimizer Database, and notify them of its
23existence; and
24    (f) Cooperate with all law enforcement agencies wishing to
25gain access to the Statewide Senior Citizen Victimizer
26Database system, and to facilitate their entry into the system

 

 

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1and to their continued maintenance of access to it.
2(Source: P.A. 92-246, eff. 1-1-02.)
 
3    Section 245. The Department of Transportation Law of the
4Civil Administrative Code of Illinois is amended by changing
5Sections 2705-90, 2705-125, 2705-317, 2705-505.5, and
62705-505.6 as follows:
 
7    (20 ILCS 2705/2705-90)  (was 20 ILCS 2705/49.31)
8    Sec. 2705-90. Criminal history record information from
9Illinois Department of State Police. Whenever the Department
10is authorized or required by law to consider some aspect of
11criminal history record information for the purpose of
12carrying out its statutory powers and responsibilities, then,
13upon request and payment of fees in conformance with the
14requirements of Section 2605-400 of the Illinois Department of
15State Police Law (20 ILCS 2605/2605-400), the Illinois
16Department of State Police is authorized to furnish, pursuant
17to positive identification, the information contained in State
18files that is necessary to fulfill the request.
19(Source: P.A. 91-239, eff. 1-1-00.)
 
20    (20 ILCS 2705/2705-125)  (was 20 ILCS 2705/49.22)
21    Sec. 2705-125. Safety inspection of motor vehicles;
22transfer from various State agencies. The Department has the
23power to administer, exercise, and enforce the rights, powers,

 

 

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1and duties presently vested in the Illinois Department of
2State Police and the Division of State Troopers under the
3Illinois Vehicle Inspection Law, in the Illinois Commerce
4Commission, in the State Board of Education, and in the
5Secretary of State under laws relating to the safety
6inspection of motor vehicles operated by common carriers, of
7school buses, and of motor vehicles used in the transportation
8of school children and motor vehicles used in driver exam
9training schools for hire licensed under Article IV of the
10Illinois Driver Licensing Law or under any other law relating
11to the safety inspection of motor vehicles of the second
12division as defined in the Illinois Vehicle Code.
13(Source: P.A. 96-740, eff. 1-1-10.)
 
14    (20 ILCS 2705/2705-317)
15    Sec. 2705-317. Safe Routes to School Construction Program.
16    (a) Upon enactment of a federal transportation bill with a
17dedicated fund available to states for safe routes to schools,
18the Department, in cooperation with the State Board of
19Education and the Illinois Department of State Police, shall
20establish and administer a Safe Routes to School Construction
21Program for the construction of bicycle and pedestrian safety
22and traffic-calming projects using the federal Safe Routes to
23Schools Program funds.
24    (b) The Department shall make construction grants
25available to local governmental agencies under the Safe Routes

 

 

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1to School Construction Program based on the results of a
2statewide competition that requires submission of Safe Routes
3to School proposals for funding and that rates those proposals
4on all of the following factors:
5        (1) Demonstrated needs of the grant applicant.
6        (2) Potential of the proposal for reducing child
7    injuries and fatalities.
8        (3) Potential of the proposal for encouraging
9    increased walking and bicycling among students.
10        (4) Identification of safety hazards.
11        (5) Identification of current and potential walking
12    and bicycling routes to school.
13        (6) Consultation and support for projects by
14    school-based associations, local traffic engineers, local
15    elected officials, law enforcement agencies, and school
16    officials.
17        (7) Proximity to parks and other recreational
18    facilities.
19    With respect to the use of federal Safe Routes to Schools
20Program funds, prior to the award of a construction grant or
21the use of those funds for a Safe Routes to School project
22encompassing a highway, the Department shall consult with and
23obtain approval from the Illinois Department of State Police
24and the highway authority with jurisdiction to ensure that the
25Safe Routes to School proposal is consistent with a statewide
26pedestrian safety statistical analysis.

 

 

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1    (c) On March 30, 2006 and each March 30th thereafter, the
2Department shall submit a report to the General Assembly
3listing and describing the projects funded under the Safe
4Routes to School Construction Program.
5    (d) The Department shall study the effectiveness of the
6Safe Routes to School Construction Program, with particular
7emphasis on the Program's effectiveness in reducing traffic
8accidents and its contribution to improving safety and
9reducing the number of child injuries and fatalities in the
10vicinity of a Safe Routes to School project. The Department
11shall submit a report to the General Assembly on or before
12December 31, 2006 regarding the results of the study.
13    (e) The Department, the State Board of Education, and the
14Illinois Department of State Police may adopt any rules
15necessary to implement this Section.
16(Source: P.A. 94-493, eff. 8-8-05.)
 
17    (20 ILCS 2705/2705-505.5)
18    Sec. 2705-505.5. Child abduction message signs. The
19Department of Transportation shall coordinate with the
20Illinois Department of State Police in the use of electronic
21message signs on roads and highways in the vicinity of a child
22abduction to immediately provide critical information to the
23public.
24(Source: P.A. 93-310, eff. 7-23-03.)
 

 

 

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1    (20 ILCS 2705/2705-505.6)
2    Sec. 2705-505.6. Endangered Missing Persons Advisory
3message signs. The Department of Transportation shall
4coordinate with the Illinois Department of State Police in the
5use of electronic message signs on roads and highways to
6immediately provide critical information to the public
7concerning missing persons who are believed to be high risk,
8missing persons with Alzheimer's disease, other related
9dementia, or other dementia-like cognitive impairment, as
10allowed by federal guidelines.
11(Source: P.A. 99-322, eff. 1-1-16.)
 
12    Section 255. The State Fire Marshal Act is amended by
13changing Section 2 as follows:
 
14    (20 ILCS 2905/2)  (from Ch. 127 1/2, par. 2)
15    Sec. 2. The Office shall have the following powers and
16duties:
17        1. To exercise the rights, powers and duties which
18    have been vested by law in the Illinois Department of
19    State Police as the successor of the Department of Public
20    Safety, State Fire Marshal, inspectors, officers and
21    employees of the State Fire Marshal, including arson
22    investigation. Arson investigations conducted by the State
23    Fire Marshal's Office shall be conducted by State Fire
24    Marshal Arson Investigator Special Agents, who shall be

 

 

HB3655- 382 -LRB102 16922 WGH 22334 b

1    peace officers as provided in the Peace Officer Fire
2    Investigation Act.
3        2. To keep a record, as may be required by law, of all
4    fires occurring in the State, together with all facts,
5    statistics and circumstances, including the origin of
6    fires.
7        3. To exercise the rights, powers and duties which
8    have been vested in the Illinois Department of State
9    Police by the "Boiler and Pressure Vessel Safety Act",
10    approved August 7, 1951, as amended.
11        4. To administer the Illinois Fire Protection Training
12    Act.
13        5. To aid in the establishment and maintenance of the
14    training facilities and programs of the Illinois Fire
15    Service Institute.
16        6. To disburse Federal grants for fire protection
17    purposes to units of local government.
18        7. To pay to or in behalf of the City of Chicago for
19    the maintenance, expenses, facilities and structures
20    directly incident to the Chicago Fire Department training
21    program. Such payments may be made either as
22    reimbursements for expenditures previously made by the
23    City, or as payments at the time the City has incurred an
24    obligation which is then due and payable for such
25    expenditures. Payments for the Chicago Fire Department
26    training program shall be made only for those expenditures

 

 

HB3655- 383 -LRB102 16922 WGH 22334 b

1    which are not claimable by the City under "An Act relating
2    to fire protection training", certified November 9, 1971,
3    as amended.
4        8. To administer grants to areas not located in a fire
5    protection district or in a municipality which provides
6    fire protection services, to defray the organizational
7    expenses of forming a fire protection district.
8        9. In cooperation with the Illinois Environmental
9    Protection Agency, to administer the Illinois Leaking
10    Underground Storage Tank program in accordance with
11    Section 4 of this Act and Section 22.12 of the
12    Environmental Protection Act.
13        10. To expend state and federal funds as appropriated
14    by the General Assembly.
15        11. To provide technical assistance, to areas not
16    located in a fire protection district or in a municipality
17    which provides fire protection service, to form a fire
18    protection district, to join an existing district, or to
19    establish a municipal fire department, whichever is
20    applicable.
21        12. To exercise such other powers and duties as may be
22    vested in the Office by law.
23(Source: P.A. 100-67, eff. 8-11-17.)
 
24    Section 260. The Division of Banking Act is amended by
25changing Section 5 as follows:
 

 

 

HB3655- 384 -LRB102 16922 WGH 22334 b

1    (20 ILCS 3205/5)  (from Ch. 17, par. 455)
2    Sec. 5. Powers. In addition to all the other powers and
3duties provided by law, the Commissioner shall have the
4following powers:
5    (a) To exercise the rights, powers and duties formerly
6vested by law in the Director of Financial Institutions under
7the Illinois Banking Act.
8    (b) To exercise the rights, powers and duties formerly
9vested by law in the Department of Financial Institutions
10under "An act to provide for and regulate the administration
11of trusts by trust companies", approved June 15, 1887, as
12amended.
13    (c) To exercise the rights, powers and duties formerly
14vested by law in the Director of Financial Institutions under
15"An act authorizing foreign corporations, including banks and
16national banking associations domiciled in other states, to
17act in a fiduciary capacity in this state upon certain
18conditions herein set forth", approved July 13, 1953, as
19amended.
20    (c-5) To exercise all of the rights, powers, and duties
21granted to the Director or Secretary under the Illinois
22Banking Act, the Corporate Fiduciary Act, the Electronic Fund
23Transfer Act, the Illinois Bank Holding Company Act of 1957,
24the Savings Bank Act, the Illinois Savings and Loan Act of
251985, the Savings and Loan Share and Account Act, the

 

 

HB3655- 385 -LRB102 16922 WGH 22334 b

1Residential Mortgage License Act of 1987, and the Pawnbroker
2Regulation Act.
3    (c-15) To enter into cooperative agreements with
4appropriate federal and out-of-state state regulatory agencies
5to conduct and otherwise perform any examination of a
6regulated entity as authorized under the Illinois Banking Act,
7the Corporate Fiduciary Act, the Electronic Fund Transfer Act,
8the Illinois Bank Holding Company Act of 1957, the Savings
9Bank Act, the Illinois Savings and Loan Act of 1985, the
10Residential Mortgage License Act of 1987, and the Pawnbroker
11Regulation Act.
12    (d) Whenever the Commissioner is authorized or required by
13law to consider or to make findings regarding the character of
14incorporators, directors, management personnel, or other
15relevant individuals under the Illinois Banking Act, the
16Corporate Fiduciary Act, the Pawnbroker Regulation Act, or at
17other times as the Commissioner deems necessary for the
18purpose of carrying out the Commissioner's statutory powers
19and responsibilities, the Commissioner shall consider criminal
20history record information, including nonconviction
21information, pursuant to the Criminal Identification Act. The
22Commissioner shall, in the form and manner required by the
23Illinois Department of State Police and the Federal Bureau of
24Investigation, cause to be conducted a criminal history record
25investigation to obtain information currently contained in the
26files of the Illinois Department of State Police or the

 

 

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1Federal Bureau of Investigation, provided that the
2Commissioner need not cause additional criminal history record
3investigations to be conducted on individuals for whom the
4Commissioner, a federal bank regulatory agency, or any other
5government agency has caused such investigations to have been
6conducted previously unless such additional investigations are
7otherwise required by law or unless the Commissioner deems
8such additional investigations to be necessary for the
9purposes of carrying out the Commissioner's statutory powers
10and responsibilities. The Illinois Department of State Police
11shall provide, on the Commissioner's request, information
12concerning criminal charges and their disposition currently on
13file with respect to a relevant individual. Information
14obtained as a result of an investigation under this Section
15shall be used in determining eligibility to be an
16incorporator, director, management personnel, or other
17relevant individual in relation to a financial institution or
18other entity supervised by the Commissioner. Upon request and
19payment of fees in conformance with the requirements of
20Section 2605-400 of the Illinois Department of State Police
21Law (20 ILCS 2605/2605-400), the Illinois Department of State
22Police is authorized to furnish, pursuant to positive
23identification, such information contained in State files as
24is necessary to fulfill the request.
25    (e) When issuing charters, permits, licenses, or other
26authorizations, the Commissioner may impose such terms and

 

 

HB3655- 387 -LRB102 16922 WGH 22334 b

1conditions on the issuance as he deems necessary or
2appropriate. Failure to abide by those terms and conditions
3may result in the revocation of the issuance, the imposition
4of corrective orders, or the imposition of civil money
5penalties.
6    (f) If the Commissioner has reasonable cause to believe
7that any entity that has not submitted an application for
8authorization or licensure is conducting any activity that
9would otherwise require authorization or licensure by the
10Commissioner, the Commissioner shall have the power to
11subpoena witnesses, to compel their attendance, to require the
12production of any relevant books, papers, accounts, and
13documents, and to conduct an examination of the entity in
14order to determine whether the entity is subject to
15authorization or licensure by the Commissioner or the
16Division. If the Secretary determines that the entity is
17subject to authorization or licensure by the Secretary, then
18the Secretary shall have the power to issue orders against or
19take any other action, including initiating a receivership
20against the unauthorized or unlicensed entity.
21    (g) The Commissioner may, through the Attorney General,
22request the circuit court of any county to issue an injunction
23to restrain any person from violating the provisions of any
24Act administered by the Commissioner.
25    (h) Whenever the Commissioner is authorized to take any
26action or required by law to consider or make findings, the

 

 

HB3655- 388 -LRB102 16922 WGH 22334 b

1Commissioner may delegate or appoint, in writing, an officer
2or employee of the Division to take that action or make that
3finding.
4    (i) Whenever the Secretary determines that it is in the
5public's interest, he or she may publish any cease and desist
6order or other enforcement action issued by the Division.
7(Source: P.A. 96-1365, eff. 7-28-10; 97-492, eff. 1-1-12.)
 
8    Section 265. The Illinois Emergency Management Agency Act
9is amended by changing Section 5 as follows:
 
10    (20 ILCS 3305/5)  (from Ch. 127, par. 1055)
11    Sec. 5. Illinois Emergency Management Agency.
12    (a) There is created within the executive branch of the
13State Government an Illinois Emergency Management Agency and a
14Director of the Illinois Emergency Management Agency, herein
15called the "Director" who shall be the head thereof. The
16Director shall be appointed by the Governor, with the advice
17and consent of the Senate, and shall serve for a term of 2
18years beginning on the third Monday in January of the
19odd-numbered year, and until a successor is appointed and has
20qualified; except that the term of the first Director
21appointed under this Act shall expire on the third Monday in
22January, 1989. The Director shall not hold any other
23remunerative public office. For terms ending before December
2431, 2019, the Director shall receive an annual salary as set by

 

 

HB3655- 389 -LRB102 16922 WGH 22334 b

1the Compensation Review Board. For terms beginning after the
2effective date of this amendatory Act of the 100th General
3Assembly, the annual salary of the Director shall be as
4provided in Section 5-300 of the Civil Administrative Code of
5Illinois.
6    (b) The Illinois Emergency Management Agency shall obtain,
7under the provisions of the Personnel Code, technical,
8clerical, stenographic and other administrative personnel, and
9may make expenditures within the appropriation therefor as may
10be necessary to carry out the purpose of this Act. The agency
11created by this Act is intended to be a successor to the agency
12created under the Illinois Emergency Services and Disaster
13Agency Act of 1975 and the personnel, equipment, records, and
14appropriations of that agency are transferred to the successor
15agency as of June 30, 1988 (the effective date of this Act).
16    (c) The Director, subject to the direction and control of
17the Governor, shall be the executive head of the Illinois
18Emergency Management Agency and the State Emergency Response
19Commission and shall be responsible under the direction of the
20Governor, for carrying out the program for emergency
21management of this State. The Director shall also maintain
22liaison and cooperate with the emergency management
23organizations of this State and other states and of the
24federal government.
25    (d) The Illinois Emergency Management Agency shall take an
26integral part in the development and revision of political

 

 

HB3655- 390 -LRB102 16922 WGH 22334 b

1subdivision emergency operations plans prepared under
2paragraph (f) of Section 10. To this end it shall employ or
3otherwise secure the services of professional and technical
4personnel capable of providing expert assistance to the
5emergency services and disaster agencies. These personnel
6shall consult with emergency services and disaster agencies on
7a regular basis and shall make field examinations of the
8areas, circumstances, and conditions that particular political
9subdivision emergency operations plans are intended to apply.
10    (e) The Illinois Emergency Management Agency and political
11subdivisions shall be encouraged to form an emergency
12management advisory committee composed of private and public
13personnel representing the emergency management phases of
14mitigation, preparedness, response, and recovery. The Local
15Emergency Planning Committee, as created under the Illinois
16Emergency Planning and Community Right to Know Act, shall
17serve as an advisory committee to the emergency services and
18disaster agency or agencies serving within the boundaries of
19that Local Emergency Planning Committee planning district for:
20        (1) the development of emergency operations plan
21    provisions for hazardous chemical emergencies; and
22        (2) the assessment of emergency response capabilities
23    related to hazardous chemical emergencies.
24    (f) The Illinois Emergency Management Agency shall:
25        (1) Coordinate the overall emergency management
26    program of the State.

 

 

HB3655- 391 -LRB102 16922 WGH 22334 b

1        (2) Cooperate with local governments, the federal
2    government and any public or private agency or entity in
3    achieving any purpose of this Act and in implementing
4    emergency management programs for mitigation,
5    preparedness, response, and recovery.
6        (2.5) Develop a comprehensive emergency preparedness
7    and response plan for any nuclear accident in accordance
8    with Section 65 of the Nuclear Safety Law of 2004 and in
9    development of the Illinois Nuclear Safety Preparedness
10    program in accordance with Section 8 of the Illinois
11    Nuclear Safety Preparedness Act.
12        (2.6) Coordinate with the Department of Public Health
13    with respect to planning for and responding to public
14    health emergencies.
15        (3) Prepare, for issuance by the Governor, executive
16    orders, proclamations, and regulations as necessary or
17    appropriate in coping with disasters.
18        (4) Promulgate rules and requirements for political
19    subdivision emergency operations plans that are not
20    inconsistent with and are at least as stringent as
21    applicable federal laws and regulations.
22        (5) Review and approve, in accordance with Illinois
23    Emergency Management Agency rules, emergency operations
24    plans for those political subdivisions required to have an
25    emergency services and disaster agency pursuant to this
26    Act.

 

 

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1        (5.5) Promulgate rules and requirements for the
2    political subdivision emergency management exercises,
3    including, but not limited to, exercises of the emergency
4    operations plans.
5        (5.10) Review, evaluate, and approve, in accordance
6    with Illinois Emergency Management Agency rules, political
7    subdivision emergency management exercises for those
8    political subdivisions required to have an emergency
9    services and disaster agency pursuant to this Act.
10        (6) Determine requirements of the State and its
11    political subdivisions for food, clothing, and other
12    necessities in event of a disaster.
13        (7) Establish a register of persons with types of
14    emergency management training and skills in mitigation,
15    preparedness, response, and recovery.
16        (8) Establish a register of government and private
17    response resources available for use in a disaster.
18        (9) Expand the Earthquake Awareness Program and its
19    efforts to distribute earthquake preparedness materials to
20    schools, political subdivisions, community groups, civic
21    organizations, and the media. Emphasis will be placed on
22    those areas of the State most at risk from an earthquake.
23    Maintain the list of all school districts, hospitals,
24    airports, power plants, including nuclear power plants,
25    lakes, dams, emergency response facilities of all types,
26    and all other major public or private structures which are

 

 

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1    at the greatest risk of damage from earthquakes under
2    circumstances where the damage would cause subsequent harm
3    to the surrounding communities and residents.
4        (10) Disseminate all information, completely and
5    without delay, on water levels for rivers and streams and
6    any other data pertaining to potential flooding supplied
7    by the Division of Water Resources within the Department
8    of Natural Resources to all political subdivisions to the
9    maximum extent possible.
10        (11) Develop agreements, if feasible, with medical
11    supply and equipment firms to supply resources as are
12    necessary to respond to an earthquake or any other
13    disaster as defined in this Act. These resources will be
14    made available upon notifying the vendor of the disaster.
15    Payment for the resources will be in accordance with
16    Section 7 of this Act. The Illinois Department of Public
17    Health shall determine which resources will be required
18    and requested.
19        (11.5) In coordination with the Illinois Department of
20    State Police, develop and implement a community outreach
21    program to promote awareness among the State's parents and
22    children of child abduction prevention and response.
23        (12) Out of funds appropriated for these purposes,
24    award capital and non-capital grants to Illinois hospitals
25    or health care facilities located outside of a city with a
26    population in excess of 1,000,000 to be used for purposes

 

 

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1    that include, but are not limited to, preparing to respond
2    to mass casualties and disasters, maintaining and
3    improving patient safety and quality of care, and
4    protecting the confidentiality of patient information. No
5    single grant for a capital expenditure shall exceed
6    $300,000. No single grant for a non-capital expenditure
7    shall exceed $100,000. In awarding such grants, preference
8    shall be given to hospitals that serve a significant
9    number of Medicaid recipients, but do not qualify for
10    disproportionate share hospital adjustment payments under
11    the Illinois Public Aid Code. To receive such a grant, a
12    hospital or health care facility must provide funding of
13    at least 50% of the cost of the project for which the grant
14    is being requested. In awarding such grants the Illinois
15    Emergency Management Agency shall consider the
16    recommendations of the Illinois Hospital Association.
17        (13) Do all other things necessary, incidental or
18    appropriate for the implementation of this Act.
19    (g) The Illinois Emergency Management Agency is authorized
20to make grants to various higher education institutions,
21public K-12 school districts, area vocational centers as
22designated by the State Board of Education, inter-district
23special education cooperatives, regional safe schools, and
24nonpublic K-12 schools for safety and security improvements.
25For the purpose of this subsection (g), "higher education
26institution" means a public university, a public community

 

 

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1college, or an independent, not-for-profit or for-profit
2higher education institution located in this State. Grants
3made under this subsection (g) shall be paid out of moneys
4appropriated for that purpose from the Build Illinois Bond
5Fund. The Illinois Emergency Management Agency shall adopt
6rules to implement this subsection (g). These rules may
7specify: (i) the manner of applying for grants; (ii) project
8eligibility requirements; (iii) restrictions on the use of
9grant moneys; (iv) the manner in which the various higher
10education institutions must account for the use of grant
11moneys; and (v) any other provision that the Illinois
12Emergency Management Agency determines to be necessary or
13useful for the administration of this subsection (g).
14    (g-5) The Illinois Emergency Management Agency is
15authorized to make grants to not-for-profit organizations
16which are exempt from federal income taxation under section
17501(c)(3) of the Federal Internal Revenue Code for eligible
18security improvements that assist the organization in
19preventing, preparing for, or responding to acts of terrorism.
20The Director shall establish procedures and forms by which
21applicants may apply for a grant and procedures for
22distributing grants to recipients. The procedures shall
23require each applicant to do the following:
24        (1) identify and substantiate prior threats or attacks
25    by a terrorist organization, network, or cell against the
26    not-for-profit organization;

 

 

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1        (2) indicate the symbolic or strategic value of one or
2    more sites that renders the site a possible target of
3    terrorism;
4        (3) discuss potential consequences to the organization
5    if the site is damaged, destroyed, or disrupted by a
6    terrorist act;
7        (4) describe how the grant will be used to integrate
8    organizational preparedness with broader State and local
9    preparedness efforts;
10        (5) submit a vulnerability assessment conducted by
11    experienced security, law enforcement, or military
12    personnel, and a description of how the grant award will
13    be used to address the vulnerabilities identified in the
14    assessment; and
15        (6) submit any other relevant information as may be
16    required by the Director.
17    The Agency is authorized to use funds appropriated for the
18grant program described in this subsection (g-5) to administer
19the program.
20    (h) Except as provided in Section 17.5 of this Act, any
21moneys received by the Agency from donations or sponsorships
22shall be deposited in the Emergency Planning and Training Fund
23and used by the Agency, subject to appropriation, to
24effectuate planning and training activities.
25    (i) The Illinois Emergency Management Agency may by rule
26assess and collect reasonable fees for attendance at

 

 

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1Agency-sponsored conferences to enable the Agency to carry out
2the requirements of this Act. Any moneys received under this
3subsection shall be deposited in the Emergency Planning and
4Training Fund and used by the Agency, subject to
5appropriation, for planning and training activities.
6    (j) The Illinois Emergency Management Agency is authorized
7to make grants to other State agencies, public universities,
8units of local government, and statewide mutual aid
9organizations to enhance statewide emergency preparedness and
10response.
11(Source: P.A. 100-444, eff. 1-1-18; 100-508, eff. 9-15-17;
12100-587, eff. 6-4-18; 100-863, eff. 8-14-18; 100-1179, eff.
131-18-19.)
 
14    Section 270. The Nuclear Safety Law of 2004 is amended by
15changing Sections 40 and 70 as follows:
 
16    (20 ILCS 3310/40)
17    Sec. 40. Regulation of nuclear safety. The Illinois
18Emergency Management Agency shall have primary responsibility
19for the coordination and oversight of all State governmental
20functions concerning the regulation of nuclear power,
21including low level waste management, environmental
22monitoring, and transportation of nuclear waste. Functions
23performed by the Illinois Department of State Police and the
24Department of Transportation in the area of nuclear safety, on

 

 

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1the effective date of this Act, may continue to be performed by
2these agencies but under the direction of the Illinois
3Emergency Management Agency. All other governmental functions
4regulating nuclear safety shall be coordinated by the Illinois
5Emergency Management Agency.
6(Source: P.A. 93-1029, eff. 8-25-04.)
 
7    (20 ILCS 3310/70)
8    Sec. 70. Nuclear and radioactive materials transportation
9plan. The Illinois Emergency Management Agency shall formulate
10a comprehensive plan regarding the transportation of nuclear
11and radioactive materials in Illinois. The Illinois Emergency
12Management Agency shall have primary responsibility for all
13State governmental regulation of the transportation of nuclear
14and radioactive materials, insofar as the regulation pertains
15to the public health and safety. This responsibility shall
16include but not be limited to the authority to oversee and
17coordinate regulatory functions performed by the Department of
18Transportation, the Illinois Department of State Police, and
19the Illinois Commerce Commission.
20(Source: P.A. 93-1029, eff. 8-25-04.)
 
21    Section 275. The Illinois Power Agency Act is amended by
22changing Section 1-110 as follows:
 
23    (20 ILCS 3855/1-110)

 

 

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1    Sec. 1-110. State Police reimbursement. The Agency shall
2reimburse the Illinois Department of State Police for any
3expenses associated with security at facilities from the
4Illinois Power Agency Facilities Fund.
5(Source: P.A. 95-481, eff. 8-28-07.)
 
6    Section 280. The Illinois Criminal Justice Information Act
7is amended by changing Sections 4 and 9.1 as follows:
 
8    (20 ILCS 3930/4)  (from Ch. 38, par. 210-4)
9    Sec. 4. Illinois Criminal Justice Information Authority;
10creation, membership, and meetings. There is created an
11Illinois Criminal Justice Information Authority consisting of
1225 members. The membership of the Authority shall consist of
13the Illinois Attorney General, or his or her designee, the
14Director of Corrections, the Director of the Illinois State
15Police, the Director of Public Health, the Director of
16Children and Family Services, the Sheriff of Cook County, the
17State's Attorney of Cook County, the clerk of the circuit
18court of Cook County, the President of the Cook County Board of
19Commissioners, the Superintendent of the Chicago Police
20Department, the Director of the Office of the State's
21Attorneys Appellate Prosecutor, the Executive Director of the
22Illinois Law Enforcement Training Standards Board, the State
23Appellate Defender, the Public Defender of Cook County, and
24the following additional members, each of whom shall be

 

 

HB3655- 400 -LRB102 16922 WGH 22334 b

1appointed by the Governor: a circuit court clerk, a sheriff, a
2State's Attorney of a county other than Cook, a Public
3Defender of a county other than Cook, a chief of police, and 6
4members of the general public.
5    Members appointed on and after the effective date of this
6amendatory Act of the 98th General Assembly shall be confirmed
7by the Senate.
8    The Governor from time to time shall designate a Chairman
9of the Authority from the membership. All members of the
10Authority appointed by the Governor shall serve at the
11pleasure of the Governor for a term not to exceed 4 years. The
12initial appointed members of the Authority shall serve from
13January, 1983 until the third Monday in January, 1987 or until
14their successors are appointed.
15    The Authority shall meet at least quarterly, and all
16meetings of the Authority shall be called by the Chairman.
17(Source: P.A. 97-1151, eff. 1-25-13; 98-955, eff. 8-15-14.)
 
18    (20 ILCS 3930/9.1)
19    Sec. 9.1. Criminal Justice Information Projects Fund. The
20Criminal Justice Information Projects Fund is hereby created
21as a special fund in the State Treasury. Grants and other
22moneys obtained by the Authority from governmental entities
23(other than the federal government), private sources, and
24not-for-profit organizations for use in investigating criminal
25justice issues or undertaking other criminal justice

 

 

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1information projects, or pursuant to the uses identified in
2Section 21.10 of the Illinois Lottery Law, shall be deposited
3into the Fund. Moneys in the Fund may be used by the Authority,
4subject to appropriation, for undertaking such projects and
5for the operating and other expenses of the Authority
6incidental to those projects, and for the costs associated
7with making grants from the Prescription Pill and Drug
8Disposal Fund. The moneys deposited into the Criminal Justice
9Information Projects Fund under Sections 15-15 and 15-35 of
10the Criminal and Traffic Assessment Act shall be appropriated
11to and administered by the Illinois Criminal Justice
12Information Authority for distribution to fund Illinois
13Department of State Police drug task forces and Metropolitan
14Enforcement Groups by dividing the funds equally by the total
15number of Illinois Department of State Police drug task forces
16and Illinois Metropolitan Enforcement Groups. Any interest
17earned on moneys in the Fund must be deposited into the Fund.
18(Source: P.A. 100-647, eff. 7-30-18; 100-987, eff. 7-1-19;
19101-81, eff. 7-12-19.)
 
20    Section 285. The Laboratory Review Board Act is amended by
21changing Section 2 as follows:
 
22    (20 ILCS 3980/2)  (from Ch. 111 1/2, par. 8002)
23    Sec. 2. There is hereby created the Laboratory Review
24Board (hereinafter referred to as the Board), which shall

 

 

HB3655- 402 -LRB102 16922 WGH 22334 b

1consist of 7 persons, one each appointed by the Director of
2Agriculture, the Director of Natural Resources, the Secretary
3of Human Services, the Director of Public Health, the Director
4of the Illinois State Police, the Director of the
5Environmental Protection Agency, and the Illinois Secretary of
6Transportation. Members of the Board shall serve at the
7pleasure of their appointing authorities.
8(Source: P.A. 89-445, eff. 2-7-96; 89-507, eff. 7-1-97.)
 
9    Section 290. The Law Enforcement and Fire Fighting Medal
10of Honor Act is amended by changing Section 2001 as follows:
 
11    (20 ILCS 3985/2001)  (from Ch. 127, par. 3852-1)
12    Sec. 2001. There is created the Law Enforcement Medal of
13Honor Committee, referred to in this Article as the Committee.
14The Committee shall consist of the Director of the Illinois
15Department of State Police, the Superintendent of the Chicago
16Police Department, the Executive Director of the Illinois Law
17Enforcement Training Standards Board, and the following
18persons appointed by the Governor: a sheriff, a chief of
19police from other than Chicago, a representative of a
20statewide law enforcement officer organization and a retired
21Illinois law enforcement officer. Of the appointed members,
22the sheriff and police chief shall each serve a 2-year term and
23the organization representative and retired officer shall each
24serve a one-year term. The Governor shall appoint initial

 

 

HB3655- 403 -LRB102 16922 WGH 22334 b

1members within 3 months of the effective date of this Act.
2    Members of the Committee shall serve without compensation
3but shall be reimbursed for actual expenses incurred in the
4performance of their duties from funds appropriated to the
5Office of the Governor for such purpose.
6(Source: P.A. 91-357, eff. 7-29-99.)
 
7    Section 295. The Illinois Motor Vehicle Theft Prevention
8and Insurance Verification Act is amended by changing Sections
94 and 8.5 as follows:
 
10    (20 ILCS 4005/4)  (from Ch. 95 1/2, par. 1304)
11    (Section scheduled to be repealed on January 1, 2025)
12    Sec. 4. There is hereby created an Illinois Motor Vehicle
13Theft Prevention and Insurance Verification Council, which
14shall exercise its powers, duties and responsibilities. There
15shall be 11 members of the Council consisting of the Secretary
16of State or his designee, the Director of the Illinois
17Department of State Police, the State's Attorney of Cook
18County, the Superintendent of the Chicago Police Department,
19and the following 7 additional members, each of whom shall be
20appointed by the Secretary of State: a state's attorney of a
21county other than Cook, a chief executive law enforcement
22official from a jurisdiction other than the City of Chicago, 5
23representatives of insurers authorized to write motor vehicle
24insurance in this State, all of whom shall be domiciled in this

 

 

HB3655- 404 -LRB102 16922 WGH 22334 b

1State.
2    The Director shall be the Chairman of the Council. All
3members of the Council appointed by the Secretary shall serve
4at the discretion of the Secretary for a term not to exceed 4
5years. The Council shall meet at least quarterly.
6(Source: P.A. 100-373, eff. 1-1-18.)
 
7    (20 ILCS 4005/8.5)
8    (Section scheduled to be repealed on January 1, 2025)
9    Sec. 8.5. State Police Motor Vehicle Theft Prevention
10Trust Fund. The State Police Motor Vehicle Theft Prevention
11Trust Fund is created as a trust fund in the State treasury.
12The State Treasurer shall be the custodian of the Trust Fund.
13The Trust Fund is established to receive funds from the
14Illinois Motor Vehicle Theft Prevention and Insurance
15Verification Council. All interest earned from the investment
16or deposit of moneys accumulated in the Trust Fund shall be
17deposited into the Trust Fund. Moneys in the Trust Fund shall
18be used by the Illinois Department of State Police for motor
19vehicle theft prevention purposes.
20(Source: P.A. 100-373, eff. 1-1-18.)
 
21    Section 305. The Social Security Number Protection Task
22Force Act is amended by changing Section 10 as follows:
 
23    (20 ILCS 4040/10)

 

 

HB3655- 405 -LRB102 16922 WGH 22334 b

1    Sec. 10. Social Security Number Protection Task Force.
2    (a) The Social Security Number Protection Task Force is
3created within the Office of the Attorney General. The
4Attorney General is responsible for administering the
5activities of the Task Force. The Task Force shall consist of
6the following members:
7        (1) Two members representing the House of
8    Representatives, appointed by the Speaker of the House of
9    Representatives;
10        (2) Two members representing the House of
11    Representatives, appointed by the Minority Leader of the
12    House of Representatives;
13        (3) Two members representing the Senate, appointed by
14    the President of the Senate;
15        (4) Two members representing the Senate, appointed by
16    the Minority Leader of the Senate;
17        (5) One member, who shall serve as the chairperson of
18    the Task Force, representing the Office of the Attorney
19    General, appointed by the Attorney General;
20        (6) One member representing the Office of the
21    Secretary of State, appointed by the Secretary of State;
22        (7) One member representing the Office of the
23    Governor, appointed by the Governor;
24        (8) One member representing the Department of Natural
25    Resources, appointed by the Director of Natural Resources;
26        (9) One member representing the Department of

 

 

HB3655- 406 -LRB102 16922 WGH 22334 b

1    Healthcare and Family Services, appointed by the Director
2    of Healthcare and Family Services;
3        (10) One member representing the Department of
4    Revenue, appointed by the Director of Revenue;
5        (11) One member representing the Illinois Department
6    of State Police, appointed by the Director of the Illinois
7    State Police;
8        (12) One member representing the Department of
9    Employment Security, appointed by the Director of
10    Employment Security;
11        (13) One member representing the Illinois Courts,
12    appointed by the Director of the Administrative Office of
13    the Illinois Courts;
14        (14) One member representing the Department on Aging,
15    appointed by the Director of the Department on Aging;
16        (15) One member appointed by the Director of Central
17    Management Services;
18        (16) One member appointed by the Executive Director of
19    the Board of Higher Education;
20        (17) One member appointed by the Secretary of Human
21    Services;
22        (18) Three members appointed by the chairperson of the
23    Task Force, representing local-governmental
24    organizations, who may include representatives of clerks
25    of the circuit court, recorders of deeds, counties, and
26    municipalities;

 

 

HB3655- 407 -LRB102 16922 WGH 22334 b

1        (19) One member representing the Office of the State
2    Comptroller, appointed by the Comptroller; and
3        (20) One member representing school administrators,
4    appointed by the State Superintendent of Education.
5    (b) The Task Force shall examine the procedures used by
6the State to protect an individual against the unauthorized
7disclosure of his or her social security number when the State
8requires the individual to provide his or her social security
9number to an officer or agency of the State.
10    (c) The Task Force shall report its findings and
11recommendations, including its recommendations concerning a
12unique identification number system under Section 15, to the
13Governor, the Attorney General, the Secretary of State, and
14the General Assembly no later than December 31 of each year.
15(Source: P.A. 94-611, eff. 8-18-05; 95-331, eff. 8-21-07;
1695-482, eff. 8-28-07.)
 
17    Section 310. The Commission to Study Disproportionate
18Justice Impact Act is amended by changing Section 10 as
19follows:
 
20    (20 ILCS 4085/10)
21    Sec. 10. Composition. The Commission shall be composed of
22the following members:
23        (a) Two members of the Senate appointed by the Senate
24    President, one of whom the President shall designate to

 

 

HB3655- 408 -LRB102 16922 WGH 22334 b

1    serve as co-chair, and two members of the Senate appointed
2    by the Minority Leader of the Senate.
3        (b) Two members of the House of Representatives
4    appointed by the Speaker of the House of Representatives,
5    one of whom the Speaker shall designate to serve as
6    co-chair, and two members of the House of Representatives
7    appointed by the Minority Leader of the House of
8    Representatives.
9        (c) The following persons or their designees:
10            (1) the Attorney General,
11            (2) the Chief Judge of the Circuit Court of Cook
12        County,
13            (3) the Director of the Illinois State Police,
14            (4) the Superintendent of the Chicago Police
15        Department,
16            (5) the sheriff of Cook County,
17            (6) the State Appellate Defender,
18            (7) the Cook County Public Defender,
19            (8) the Director of the Office of the State's
20        Attorneys Appellate Prosecutor,
21            (9) the Cook County State's Attorney,
22            (10) the Executive Director of the Criminal
23        Justice Information Authority,
24            (11) the Director of Corrections,
25            (12) the Director of Juvenile Justice, and
26            (13) the Executive Director of the Illinois

 

 

HB3655- 409 -LRB102 16922 WGH 22334 b

1        African-American Family Commission.
2        (d) The co-chairs may name up to 8 persons,
3    representing minority communities within Illinois, groups
4    involved in the improvement of the administration of
5    justice, behavioral health, criminal justice, law
6    enforcement, and the rehabilitation of former inmates,
7    community groups, and other interested parties.
8(Source: P.A. 95-995, eff. 6-1-09.)
 
9    Section 315. The Racial and Ethnic Impact Research Task
10Force Act is amended by changing Section 10 as follows:
 
11    (20 ILCS 5025/10)
12    Sec. 10. Racial and Ethnic Impact Research Task Force.
13There is created the Racial and Ethnic Impact Research Task
14Force, composed of the following members:
15        (1) Two members of the Senate appointed by the Senate
16    President, one of whom the President shall designate to
17    serve as co-chair, and 2 members of the Senate appointed
18    by the Minority Leader of the Senate.
19        (2) Two members of the House of Representatives
20    appointed by the Speaker of the House of Representatives,
21    one of whom the Speaker shall designate to serve as
22    co-chair, and 2 members of the House of Representatives
23    appointed by the Minority Leader of the House of
24    Representatives.

 

 

HB3655- 410 -LRB102 16922 WGH 22334 b

1        (3) The following persons or their designees:
2            (A) the Attorney General,
3            (B) the Chief Judge of the Circuit Court of Cook
4        County,
5            (C) the Director of the Illinois State Police,
6            (D) the Superintendent of the Chicago Police
7        Department,
8            (E) the Sheriff of Cook County,
9            (F) the State Appellate Defender,
10            (G) the Cook County Public Defender,
11            (H) the Director of the Office of the State's
12        Attorneys Appellate Prosecutor,
13            (I) the Cook County State's Attorney,
14            (J) the Executive Director of the Illinois
15        Criminal Justice Information Authority,
16            (K) the Director of Corrections,
17            (L) the Director of Juvenile Justice, and
18            (M) the Executive Director of the Illinois
19        African-American Family Commission.
20        (4) The co-chairs may name up to 8 persons,
21    representing minority communities within Illinois, groups
22    involved in the improvement of the administration of
23    justice, behavioral health, criminal justice, law
24    enforcement, and the rehabilitation of former inmates,
25    community groups, and other interested parties.
26(Source: P.A. 97-433, eff. 8-16-11.)
 

 

 

HB3655- 411 -LRB102 16922 WGH 22334 b

1    Section 330. The State Finance Act is amended by changing
2Sections 6z-82, 6z-99, 6z-106, 8.3, 8.37, 8p, and 14 as
3follows:
 
4    (30 ILCS 105/6z-82)
5    Sec. 6z-82. State Police Operations Assistance Fund.
6    (a) There is created in the State treasury a special fund
7known as the State Police Operations Assistance Fund. The Fund
8shall receive revenue under the Criminal and Traffic
9Assessment Act. The Fund may also receive revenue from grants,
10donations, appropriations, and any other legal source.
11    (b) The Illinois Department of State Police may use moneys
12in the Fund to finance any of its lawful purposes or functions.
13    (c) Expenditures may be made from the Fund only as
14appropriated by the General Assembly by law.
15    (d) Investment income that is attributable to the
16investment of moneys in the Fund shall be retained in the Fund
17for the uses specified in this Section.
18    (e) The State Police Operations Assistance Fund shall not
19be subject to administrative chargebacks.
20    (f) Notwithstanding any other provision of State law to
21the contrary, on or after July 1, 2012, and until June 30,
222013, in addition to any other transfers that may be provided
23for by law, at the direction of and upon notification from the
24Director of the Illinois State Police, the State Comptroller

 

 

HB3655- 412 -LRB102 16922 WGH 22334 b

1shall direct and the State Treasurer shall transfer amounts
2into the State Police Operations Assistance Fund from the
3designated funds not exceeding the following totals:
4    State Police Vehicle Fund.....................$2,250,000
5    State Police Wireless Service
6        Emergency Fund............................$2,500,000
7    State Police Services Fund....................$3,500,000
8(Source: P.A. 100-987, eff. 7-1-19.)
 
9    (30 ILCS 105/6z-99)
10    Sec. 6z-99. The Mental Health Reporting Fund.
11    (a) There is created in the State treasury a special fund
12known as the Mental Health Reporting Fund. The Fund shall
13receive revenue under the Firearm Concealed Carry Act. The
14Fund may also receive revenue from grants, pass-through
15grants, donations, appropriations, and any other legal source.
16    (b) The Illinois Department of State Police and Department
17of Human Services shall coordinate to use moneys in the Fund to
18finance their respective duties of collecting and reporting
19data on mental health records and ensuring that mental health
20firearm possession prohibitors are enforced as set forth under
21the Firearm Concealed Carry Act and the Firearm Owners
22Identification Card Act. Any surplus in the Fund beyond what
23is necessary to ensure compliance with mental health reporting
24under these Acts shall be used by the Department of Human
25Services for mental health treatment programs.

 

 

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1    (c) Investment income that is attributable to the
2investment of moneys in the Fund shall be retained in the Fund
3for the uses specified in this Section.
4(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
 
5    (30 ILCS 105/6z-106)
6    Sec. 6z-106. State Police Law Enforcement Administration
7Fund.
8    (a) There is created in the State treasury a special fund
9known as the State Police Law Enforcement Administration Fund.
10The Fund shall receive revenue under subsection (c) of Section
1110-5 of the Criminal and Traffic Assessment Act. The Fund may
12also receive revenue from grants, donations, appropriations,
13and any other legal source.
14    (b) The Illinois Department of State Police may use moneys
15in the Fund to finance any of its lawful purposes or functions;
16however, the primary purpose shall be to finance State Police
17cadet classes in May and October of each year.
18    (c) Expenditures may be made from the Fund only as
19appropriated by the General Assembly by law.
20    (d) Investment income that is attributable to the
21investment of moneys in the Fund shall be retained in the Fund
22for the uses specified in this Section.
23    (e) The State Police Law Enforcement Administration Fund
24shall not be subject to administrative chargebacks.
25(Source: P.A. 100-987, eff. 7-1-19; 101-81, eff. 7-12-19.)
 

 

 

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1    (30 ILCS 105/8.3)  (from Ch. 127, par. 144.3)
2    Sec. 8.3. Money in the Road Fund shall, if and when the
3State of Illinois incurs any bonded indebtedness for the
4construction of permanent highways, be set aside and used for
5the purpose of paying and discharging annually the principal
6and interest on that bonded indebtedness then due and payable,
7and for no other purpose. The surplus, if any, in the Road Fund
8after the payment of principal and interest on that bonded
9indebtedness then annually due shall be used as follows:
10        first -- to pay the cost of administration of Chapters
11    2 through 10 of the Illinois Vehicle Code, except the cost
12    of administration of Articles I and II of Chapter 3 of that
13    Code, and to pay the costs of the Executive Ethics
14    Commission for oversight and administration of the Chief
15    Procurement Officer for transportation; and
16        secondly -- for expenses of the Department of
17    Transportation for construction, reconstruction,
18    improvement, repair, maintenance, operation, and
19    administration of highways in accordance with the
20    provisions of laws relating thereto, or for any purpose
21    related or incident to and connected therewith, including
22    the separation of grades of those highways with railroads
23    and with highways and including the payment of awards made
24    by the Illinois Workers' Compensation Commission under the
25    terms of the Workers' Compensation Act or Workers'

 

 

HB3655- 415 -LRB102 16922 WGH 22334 b

1    Occupational Diseases Act for injury or death of an
2    employee of the Division of Highways in the Department of
3    Transportation; or for the acquisition of land and the
4    erection of buildings for highway purposes, including the
5    acquisition of highway right-of-way or for investigations
6    to determine the reasonably anticipated future highway
7    needs; or for making of surveys, plans, specifications and
8    estimates for and in the construction and maintenance of
9    flight strips and of highways necessary to provide access
10    to military and naval reservations, to defense industries
11    and defense-industry sites, and to the sources of raw
12    materials and for replacing existing highways and highway
13    connections shut off from general public use at military
14    and naval reservations and defense-industry sites, or for
15    the purchase of right-of-way, except that the State shall
16    be reimbursed in full for any expense incurred in building
17    the flight strips; or for the operating and maintaining of
18    highway garages; or for patrolling and policing the public
19    highways and conserving the peace; or for the operating
20    expenses of the Department relating to the administration
21    of public transportation programs; or, during fiscal year
22    2020 only, for the purposes of a grant not to exceed
23    $8,394,800 to the Regional Transportation Authority on
24    behalf of PACE for the purpose of ADA/Para-transit
25    expenses; or, during fiscal year 2021 only, for the
26    purposes of a grant not to exceed $8,394,800 to the

 

 

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1    Regional Transportation Authority on behalf of PACE for
2    the purpose of ADA/Para-transit expenses; or for any of
3    those purposes or any other purpose that may be provided
4    by law.
5    Appropriations for any of those purposes are payable from
6the Road Fund. Appropriations may also be made from the Road
7Fund for the administrative expenses of any State agency that
8are related to motor vehicles or arise from the use of motor
9vehicles.
10    Beginning with fiscal year 1980 and thereafter, no Road
11Fund monies shall be appropriated to the following Departments
12or agencies of State government for administration, grants, or
13operations; but this limitation is not a restriction upon
14appropriating for those purposes any Road Fund monies that are
15eligible for federal reimbursement:
16        1. Department of Public Health;
17        2. Department of Transportation, only with respect to
18    subsidies for one-half fare Student Transportation and
19    Reduced Fare for Elderly, except fiscal year 2020 only
20    when no more than $17,570,000 may be expended and except
21    fiscal year 2021 only when no more than $17,570,000 may be
22    expended;
23        3. Department of Central Management Services, except
24    for expenditures incurred for group insurance premiums of
25    appropriate personnel;
26        4. Judicial Systems and Agencies.

 

 

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1    Beginning with fiscal year 1981 and thereafter, no Road
2Fund monies shall be appropriated to the following Departments
3or agencies of State government for administration, grants, or
4operations; but this limitation is not a restriction upon
5appropriating for those purposes any Road Fund monies that are
6eligible for federal reimbursement:
7        1. Illinois Department of State Police, except for
8    expenditures with respect to the Division of Patrol
9    Operations and Division of Criminal Investigation
10    Operations;
11        2. Department of Transportation, only with respect to
12    Intercity Rail Subsidies, except fiscal year 2020 only
13    when no more than $50,000,000 may be expended and except
14    fiscal year 2021 only when no more than $50,000,000 may be
15    expended, and Rail Freight Services.
16    Beginning with fiscal year 1982 and thereafter, no Road
17Fund monies shall be appropriated to the following Departments
18or agencies of State government for administration, grants, or
19operations; but this limitation is not a restriction upon
20appropriating for those purposes any Road Fund monies that are
21eligible for federal reimbursement: Department of Central
22Management Services, except for awards made by the Illinois
23Workers' Compensation Commission under the terms of the
24Workers' Compensation Act or Workers' Occupational Diseases
25Act for injury or death of an employee of the Division of
26Highways in the Department of Transportation.

 

 

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1    Beginning with fiscal year 1984 and thereafter, no Road
2Fund monies shall be appropriated to the following Departments
3or agencies of State government for administration, grants, or
4operations; but this limitation is not a restriction upon
5appropriating for those purposes any Road Fund monies that are
6eligible for federal reimbursement:
7        1. Illinois Department of State Police, except not
8    more than 40% of the funds appropriated for the Division
9    of Patrol Operations and Division of Criminal
10    Investigation Operations;
11        2. State Officers.
12    Beginning with fiscal year 1984 and thereafter, no Road
13Fund monies shall be appropriated to any Department or agency
14of State government for administration, grants, or operations
15except as provided hereafter; but this limitation is not a
16restriction upon appropriating for those purposes any Road
17Fund monies that are eligible for federal reimbursement. It
18shall not be lawful to circumvent the above appropriation
19limitations by governmental reorganization or other methods.
20Appropriations shall be made from the Road Fund only in
21accordance with the provisions of this Section.
22    Money in the Road Fund shall, if and when the State of
23Illinois incurs any bonded indebtedness for the construction
24of permanent highways, be set aside and used for the purpose of
25paying and discharging during each fiscal year the principal
26and interest on that bonded indebtedness as it becomes due and

 

 

HB3655- 419 -LRB102 16922 WGH 22334 b

1payable as provided in the Transportation Bond Act, and for no
2other purpose. The surplus, if any, in the Road Fund after the
3payment of principal and interest on that bonded indebtedness
4then annually due shall be used as follows:
5        first -- to pay the cost of administration of Chapters
6    2 through 10 of the Illinois Vehicle Code; and
7        secondly -- no Road Fund monies derived from fees,
8    excises, or license taxes relating to registration,
9    operation and use of vehicles on public highways or to
10    fuels used for the propulsion of those vehicles, shall be
11    appropriated or expended other than for costs of
12    administering the laws imposing those fees, excises, and
13    license taxes, statutory refunds and adjustments allowed
14    thereunder, administrative costs of the Department of
15    Transportation, including, but not limited to, the
16    operating expenses of the Department relating to the
17    administration of public transportation programs, payment
18    of debts and liabilities incurred in construction and
19    reconstruction of public highways and bridges, acquisition
20    of rights-of-way for and the cost of construction,
21    reconstruction, maintenance, repair, and operation of
22    public highways and bridges under the direction and
23    supervision of the State, political subdivision, or
24    municipality collecting those monies, or during fiscal
25    year 2020 only for the purposes of a grant not to exceed
26    $8,394,800 to the Regional Transportation Authority on

 

 

HB3655- 420 -LRB102 16922 WGH 22334 b

1    behalf of PACE for the purpose of ADA/Para-transit
2    expenses, or during fiscal year 2021 only for the purposes
3    of a grant not to exceed $8,394,800 to the Regional
4    Transportation Authority on behalf of PACE for the purpose
5    of ADA/Para-transit expenses, and the costs for patrolling
6    and policing the public highways (by State, political
7    subdivision, or municipality collecting that money) for
8    enforcement of traffic laws. The separation of grades of
9    such highways with railroads and costs associated with
10    protection of at-grade highway and railroad crossing shall
11    also be permissible.
12    Appropriations for any of such purposes are payable from
13the Road Fund or the Grade Crossing Protection Fund as
14provided in Section 8 of the Motor Fuel Tax Law.
15    Except as provided in this paragraph, beginning with
16fiscal year 1991 and thereafter, no Road Fund monies shall be
17appropriated to the Illinois Department of State Police for
18the purposes of this Section in excess of its total fiscal year
191990 Road Fund appropriations for those purposes unless
20otherwise provided in Section 5g of this Act. For fiscal years
212003, 2004, 2005, 2006, and 2007 only, no Road Fund monies
22shall be appropriated to the Department of State Police for
23the purposes of this Section in excess of $97,310,000. For
24fiscal year 2008 only, no Road Fund monies shall be
25appropriated to the Department of State Police for the
26purposes of this Section in excess of $106,100,000. For fiscal

 

 

HB3655- 421 -LRB102 16922 WGH 22334 b

1year 2009 only, no Road Fund monies shall be appropriated to
2the Department of State Police for the purposes of this
3Section in excess of $114,700,000. Beginning in fiscal year
42010, no road fund moneys shall be appropriated to the
5Illinois Department of State Police. It shall not be lawful to
6circumvent this limitation on appropriations by governmental
7reorganization or other methods unless otherwise provided in
8Section 5g of this Act.
9    In fiscal year 1994, no Road Fund monies shall be
10appropriated to the Secretary of State for the purposes of
11this Section in excess of the total fiscal year 1991 Road Fund
12appropriations to the Secretary of State for those purposes,
13plus $9,800,000. It shall not be lawful to circumvent this
14limitation on appropriations by governmental reorganization or
15other method.
16    Beginning with fiscal year 1995 and thereafter, no Road
17Fund monies shall be appropriated to the Secretary of State
18for the purposes of this Section in excess of the total fiscal
19year 1994 Road Fund appropriations to the Secretary of State
20for those purposes. It shall not be lawful to circumvent this
21limitation on appropriations by governmental reorganization or
22other methods.
23    Beginning with fiscal year 2000, total Road Fund
24appropriations to the Secretary of State for the purposes of
25this Section shall not exceed the amounts specified for the
26following fiscal years:

 

 

HB3655- 422 -LRB102 16922 WGH 22334 b

1    Fiscal Year 2000$80,500,000;
2    Fiscal Year 2001$80,500,000;
3    Fiscal Year 2002$80,500,000;
4    Fiscal Year 2003$130,500,000;
5    Fiscal Year 2004$130,500,000;
6    Fiscal Year 2005$130,500,000;
7    Fiscal Year 2006 $130,500,000;
8    Fiscal Year 2007 $130,500,000;
9    Fiscal Year 2008$130,500,000;
10    Fiscal Year 2009 $130,500,000.
11    For fiscal year 2010, no road fund moneys shall be
12appropriated to the Secretary of State.
13    Beginning in fiscal year 2011, moneys in the Road Fund
14shall be appropriated to the Secretary of State for the
15exclusive purpose of paying refunds due to overpayment of fees
16related to Chapter 3 of the Illinois Vehicle Code unless
17otherwise provided for by law.
18    It shall not be lawful to circumvent this limitation on
19appropriations by governmental reorganization or other
20methods.
21    No new program may be initiated in fiscal year 1991 and
22thereafter that is not consistent with the limitations imposed
23by this Section for fiscal year 1984 and thereafter, insofar
24as appropriation of Road Fund monies is concerned.
25    Nothing in this Section prohibits transfers from the Road
26Fund to the State Construction Account Fund under Section 5e

 

 

HB3655- 423 -LRB102 16922 WGH 22334 b

1of this Act; nor to the General Revenue Fund, as authorized by
2Public Act 93-25.
3    The additional amounts authorized for expenditure in this
4Section by Public Acts 92-0600, 93-0025, 93-0839, and 94-91
5shall be repaid to the Road Fund from the General Revenue Fund
6in the next succeeding fiscal year that the General Revenue
7Fund has a positive budgetary balance, as determined by
8generally accepted accounting principles applicable to
9government.
10    The additional amounts authorized for expenditure by the
11Secretary of State and the Department of State Police in this
12Section by Public Act 94-91 shall be repaid to the Road Fund
13from the General Revenue Fund in the next succeeding fiscal
14year that the General Revenue Fund has a positive budgetary
15balance, as determined by generally accepted accounting
16principles applicable to government.
17(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
18100-863, eff.8-14-18; 101-10, eff. 6-5-19; 101-636, eff.
196-10-20.)
 
20    (30 ILCS 105/8.37)
21    Sec. 8.37. State Police Wireless Service Emergency Fund.
22    (a) The State Police Wireless Service Emergency Fund is
23created as a special fund in the State Treasury.
24    (b) Grants or surcharge funds allocated to the Illinois
25Department of State Police from the Statewide 9-1-1 Fund shall

 

 

HB3655- 424 -LRB102 16922 WGH 22334 b

1be deposited into the State Police Wireless Service Emergency
2Fund and shall be used in accordance with Section 30 of the
3Emergency Telephone System Act.
4    (c) On July 1, 1999, the State Comptroller and State
5Treasurer shall transfer $1,300,000 from the General Revenue
6Fund to the State Police Wireless Service Emergency Fund. On
7June 30, 2003 the State Comptroller and State Treasurer shall
8transfer $1,300,000 from the State Police Wireless Service
9Emergency Fund to the General Revenue Fund.
10(Source: P.A. 100-20, eff. 7-1-17.)
 
11    (30 ILCS 105/8p)
12    Sec. 8p. State Police Streetgang-Related Crime Fund.
13    (a) The State Police Streetgang-Related Crime Fund is
14created as a special fund in the State treasury.
15    (b) All moneys collected and payable to the Illinois
16Department of State Police from the State Police
17Streetgang-Related Crime Fund shall be appropriated to and
18administered by the Illinois Department of State Police for
19operations and initiatives to combat and prevent
20streetgang-related crime.
21    (c) The State Police Streetgang-Related Crime Fund shall
22not be subject to administrative chargebacks.
23(Source: P.A. 100-987, eff. 7-1-19.)
 
24    (30 ILCS 105/14)  (from Ch. 127, par. 150)

 

 

HB3655- 425 -LRB102 16922 WGH 22334 b

1    Sec. 14. The item "personal services", when used in an
2appropriation Act, means the reward or recompense made for
3personal services rendered for the State by an officer or
4employee of the State or of an instrumentality thereof, or for
5the purpose of Section 14a of this Act, or any amount required
6or authorized to be deducted from the salary of any such person
7under the provisions of Section 30c of this Act, or any
8retirement or tax law, or both, or deductions from the salary
9of any such person under the Social Security Enabling Act or
10deductions from the salary of such person pursuant to the
11Voluntary Payroll Deductions Act of 1983.
12    If no home is furnished to a person who is a full-time
13chaplain employed by the State or a former full-time chaplain
14retired from State employment, 20% of the salary or pension
15paid to that person for his personal services to the State as
16chaplain are considered to be a rental allowance paid to him to
17rent or otherwise provide a home. This amendatory Act of 1973
18applies to State salary amounts received after December 31,
191973.
20    When any appropriation payable from trust funds or federal
21funds includes an item for personal services but does not
22include a separate item for State contribution for employee
23group insurance, the State contribution for employee group
24insurance in relation to employees paid under that personal
25services line item shall also be payable under that personal
26services line item.

 

 

HB3655- 426 -LRB102 16922 WGH 22334 b

1    When any appropriation payable from trust funds or federal
2funds includes an item for personal services but does not
3include a separate item for employee retirement contributions
4paid by the employer, the State contribution for employee
5retirement contributions paid by the employer in relation to
6employees paid under that personal services line item shall
7also be payable under that personal services line item.
8    The item "personal services", when used in an
9appropriation Act, shall also mean and include a payment to a
10State retirement system by a State agency to discharge a debt
11arising from the over-refund to an employee of retirement
12contributions. The payment to a State retirement system
13authorized by this paragraph shall not be construed to release
14the employee from his or her obligation to return to the State
15the amount of the over-refund.
16    The item "personal services", when used in an
17appropriation Act, also includes a payment to reimburse the
18Department of Central Management Services for temporary total
19disability benefit payments in accordance with subdivision (9)
20of Section 405-105 of the Department of Central Management
21Services Law (20 ILCS 405/405-105).
22    Beginning July 1, 1993, the item "personal services" and
23related line items, when used in an appropriation Act or this
24Act, shall also mean and include back wage claims of State
25officers and employees to the extent those claims have not
26been satisfied from the back wage appropriation to the

 

 

HB3655- 427 -LRB102 16922 WGH 22334 b

1Department of Central Management Services in the preceding
2fiscal year, as provided in Section 14b of this Act and
3subdivision (13) of Section 405-105 of the Department of
4Central Management Services Law (20 ILCS 405/405-105).
5    The item "personal services", when used with respect to
6State police officers in an appropriation Act, also includes a
7payment for the burial expenses of a State police officer
8killed in the line of duty, made in accordance with Section
912.2 of the Illinois State Police Act and any rules adopted
10under that Section.
11    For State fiscal year 2005, the item "personal services",
12when used in an appropriation Act, also includes payments for
13employee retirement contributions paid by the employer.
14(Source: P.A. 93-839, eff. 7-30-04.)
 
15    Section 335. The State Officers and Employees Money
16Disposition Act is amended by changing Section 2 as follows:
 
17    (30 ILCS 230/2)  (from Ch. 127, par. 171)
18    Sec. 2. Accounts of money received; payment into State
19treasury.
20    (a) Every officer, board, commission, commissioner,
21department, institution, arm or agency brought within the
22provisions of this Act by Section 1 shall keep in proper books
23a detailed itemized account of all moneys received for or on
24behalf of the State of Illinois, showing the date of receipt,

 

 

HB3655- 428 -LRB102 16922 WGH 22334 b

1the payor, and purpose and amount, and the date and manner of
2disbursement as hereinafter provided, and, unless a different
3time of payment is expressly provided by law or by rules or
4regulations promulgated under subsection (b) of this Section,
5shall pay into the State treasury the gross amount of money so
6received on the day of actual physical receipt with respect to
7any single item of receipt exceeding $10,000, within 24 hours
8of actual physical receipt with respect to an accumulation of
9receipts of $10,000 or more, or within 48 hours of actual
10physical receipt with respect to an accumulation of receipts
11exceeding $500 but less than $10,000, disregarding holidays,
12Saturdays and Sundays, after the receipt of same, without any
13deduction on account of salaries, fees, costs, charges,
14expenses or claims of any description whatever; provided that:
15        (1) the provisions of (i) Section 2505-475 of the
16    Department of Revenue Law (20 ILCS 2505/2505-475), (ii)
17    any specific taxing statute authorizing a claim for credit
18    procedure instead of the actual making of refunds, (iii)
19    Section 505 of the Illinois Controlled Substances Act,
20    (iv) Section 85 of the Methamphetamine Control and
21    Community Protection Act, authorizing the Director of the
22    Illinois State Police to dispose of forfeited property,
23    which includes the sale and disposition of the proceeds of
24    the sale of forfeited property, and the Department of
25    Central Management Services to be reimbursed for costs
26    incurred with the sales of forfeited vehicles, boats or

 

 

HB3655- 429 -LRB102 16922 WGH 22334 b

1    aircraft and to pay to bona fide or innocent purchasers,
2    conditional sales vendors or mortgagees of such vehicles,
3    boats or aircraft their interest in such vehicles, boats
4    or aircraft, and (v) Section 6b-2 of the State Finance
5    Act, establishing procedures for handling cash receipts
6    from the sale of pari-mutuel wagering tickets, shall not
7    be deemed to be in conflict with the requirements of this
8    Section;
9        (2) any fees received by the State Registrar of Vital
10    Records pursuant to the Vital Records Act which are
11    insufficient in amount may be returned by the Registrar as
12    provided in that Act;
13        (3) any fees received by the Department of Public
14    Health under the Food Handling Regulation Enforcement Act
15    that are submitted for renewal of an expired food service
16    sanitation manager certificate may be returned by the
17    Director as provided in that Act;
18        (3.5) the State Treasurer may permit the deduction of
19    fees by third-party unclaimed property examiners from the
20    property recovered by the examiners for the State of
21    Illinois during examinations of holders located outside
22    the State under which the Office of the Treasurer has
23    agreed to pay for the examinations based upon a
24    percentage, in accordance with the Revised Uniform
25    Unclaimed Property Act, of the property recovered during
26    the examination; and

 

 

HB3655- 430 -LRB102 16922 WGH 22334 b

1        (4) if the amount of money received does not exceed
2    $500, such money may be retained and need not be paid into
3    the State treasury until the total amount of money so
4    received exceeds $500, or until the next succeeding 1st or
5    15th day of each month (or until the next business day if
6    these days fall on Sunday or a holiday), whichever is
7    earlier, at which earlier time such money shall be paid
8    into the State treasury, except that if a local bank or
9    savings and loan association account has been authorized
10    by law, any balances shall be paid into the State treasury
11    on Monday of each week if more than $500 is to be deposited
12    in any fund.
13Single items of receipt exceeding $10,000 received after 2
14p.m. on a working day may be deemed to have been received on
15the next working day for purposes of fulfilling the
16requirement that the item be deposited on the day of actual
17physical receipt.
18    No money belonging to or left for the use of the State
19shall be expended or applied except in consequence of an
20appropriation made by law and upon the warrant of the State
21Comptroller. However, payments made by the Comptroller to
22persons by direct deposit need not be made upon the warrant of
23the Comptroller, but if not made upon a warrant, shall be made
24in accordance with Section 9.02 of the State Comptroller Act.
25All moneys so paid into the State treasury shall, unless
26required by some statute to be held in the State treasury in a

 

 

HB3655- 431 -LRB102 16922 WGH 22334 b

1separate or special fund, be covered into the General Revenue
2Fund in the State treasury. Moneys received in the form of
3checks, drafts or similar instruments shall be properly
4endorsed, if necessary, and delivered to the State Treasurer
5for collection. The State Treasurer shall remit such collected
6funds to the depositing officer, board, commission,
7commissioner, department, institution, arm or agency by
8Treasurers Draft or through electronic funds transfer. The
9draft or notification of the electronic funds transfer shall
10be provided to the State Comptroller to allow deposit into the
11appropriate fund.
12    (b) Different time periods for the payment of public funds
13into the State treasury or to the State Treasurer, in excess of
14the periods established in subsection (a) of this Section, but
15not in excess of 30 days after receipt of such funds, may be
16established and revised from time to time by rules or
17regulations promulgated jointly by the State Treasurer and the
18State Comptroller in accordance with the Illinois
19Administrative Procedure Act. The different time periods
20established by rule or regulation under this subsection may
21vary according to the nature and amounts of the funds
22received, the locations at which the funds are received,
23whether compliance with the deposit requirements specified in
24subsection (a) of this Section would be cost effective, and
25such other circumstances and conditions as the promulgating
26authorities consider to be appropriate. The Treasurer and the

 

 

HB3655- 432 -LRB102 16922 WGH 22334 b

1Comptroller shall review all such different time periods
2established pursuant to this subsection every 2 years from the
3establishment thereof and upon such review, unless it is
4determined that it is economically unfeasible for the agency
5to comply with the provisions of subsection (a), shall repeal
6such different time period.
7(Source: P.A. 100-22, eff. 1-1-18.)
 
8    Section 340. The Illinois Procurement Code is amended by
9changing Section 25-75 as follows:
 
10    (30 ILCS 500/25-75)
11    Sec. 25-75. Purchase of motor vehicles.
12    (a) Beginning on the effective date of this amendatory Act
13of the 94th General Assembly, all gasoline-powered vehicles
14purchased from State funds must be flexible fuel vehicles.
15Beginning July 1, 2007, all gasoline-powered vehicles
16purchased from State funds must be flexible fuel or fuel
17efficient hybrid vehicles. For purposes of this Section,
18"flexible fuel vehicles" are automobiles or light trucks that
19operate on either gasoline or E-85 (85% ethanol, 15% gasoline)
20fuel and "Fuel efficient hybrid vehicles" are automobiles or
21light trucks that use a gasoline or diesel engine and an
22electric motor to provide power and gain at least a 20%
23increase in combined US-EPA city-highway fuel economy over the
24equivalent or most-similar conventionally-powered model.

 

 

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1    (b) On and after the effective date of this amendatory Act
2of the 94th General Assembly, any vehicle purchased from State
3funds that is fueled by diesel fuel shall be certified by the
4manufacturer to run on 5% biodiesel (B5) fuel.
5    (b-5) On and after January 1, 2016, 15% of passenger
6vehicles, other than Department of Corrections vehicles,
7Secretary of State vehicles (except for mid-sized sedans), and
8Illinois Department of State Police patrol vehicles, purchased
9with State funds shall be vehicles fueled by electricity,
10electricity and gasohol (hybrids or plug-in hybrids),
11compressed natural gas, liquid petroleum gas, or liquid
12natural gas, including dedicated or non-dedicated fuel type
13vehicles.
14    (c) The Chief Procurement Officer may determine that
15certain vehicle procurements are exempt from this Section
16based on intended use or other reasonable considerations such
17as health and safety of Illinois citizens.
18(Source: P.A. 98-442, eff. 1-1-14; 98-759, eff. 7-16-14;
1999-406, eff. 1-1-16.)
 
20    Section 345. The State Property Control Act is amended by
21changing Sections 7, 7b and 7c as follows:
 
22    (30 ILCS 605/7)  (from Ch. 127, par. 133b10)
23    Sec. 7. Disposition of transferable property.
24    (a) Except as provided in subsection (c), whenever a

 

 

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1responsible officer considers it advantageous to the State to
2dispose of transferable property by trading it in for credit
3on a replacement of like nature, the responsible officer shall
4report the trade-in and replacement to the administrator on
5forms furnished by the latter. The exchange, trade or transfer
6of "textbooks" as defined in Section 18-17 of the School Code
7between schools or school districts pursuant to regulations
8adopted by the State Board of Education under that Section
9shall not constitute a disposition of transferable property
10within the meaning of this Section, even though such exchange,
11trade or transfer occurs within 5 years after the textbooks
12are first provided for loan pursuant to Section 18-17 of the
13School Code.
14    (b) Except as provided in subsection (c), whenever it is
15deemed necessary to dispose of any item of transferable
16property, the administrator shall proceed to dispose of the
17property by sale or scrapping as the case may be, in whatever
18manner he considers most advantageous and most profitable to
19the State. Items of transferable property which would
20ordinarily be scrapped and disposed of by burning or by burial
21in a landfill may be examined and a determination made whether
22the property should be recycled. This determination and any
23sale of recyclable property shall be in accordance with rules
24promulgated by the Administrator.
25    When the administrator determines that property is to be
26disposed of by sale, he shall offer it first to the

 

 

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1municipalities, counties, and school districts of the State
2and to charitable, not-for-profit educational and public
3health organizations, including but not limited to medical
4institutions, clinics, hospitals, health centers, schools,
5colleges, universities, child care centers, museums, nursing
6homes, programs for the elderly, food banks, State Use
7Sheltered Workshops and the Boy and Girl Scouts of America,
8for purchase at an appraised value. Notice of inspection or
9viewing dates and property lists shall be distributed in the
10manner provided in rules and regulations promulgated by the
11Administrator for that purpose.
12    Electronic data processing equipment purchased and charged
13to appropriations may, at the discretion of the administrator,
14be sold, pursuant to contracts entered into by the Director of
15Central Management Services or the heads of agencies exempt
16from "The Illinois Purchasing Act". However such equipment
17shall not be sold at prices less than the purchase cost thereof
18or depreciated value as determined by the administrator. No
19sale of the electronic data processing equipment and lease to
20the State by the purchaser of such equipment shall be made
21under this Act unless the Director of Central Management
22Services finds that such contracts are financially
23advantageous to the State.
24    Disposition of other transferable property by sale, except
25sales directly to local governmental units, school districts,
26and not-for-profit educational, charitable and public health

 

 

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1organizations, shall be subject to the following minimum
2conditions:
3        (1) The administrator shall cause the property to be
4    advertised for sale to the highest responsible bidder,
5    stating time, place, and terms of such sale at least 7 days
6    prior to the time of sale and at least once in a newspaper
7    having a general circulation in the county where the
8    property is to be sold.
9        (2) If no acceptable bids are received, the
10    administrator may then sell the property in whatever
11    manner he considers most advantageous and most profitable
12    to the State.
13    (c) Notwithstanding any other provision of this Act, an
14agency covered by this Act may transfer books, serial
15publications, or other library materials that are transferable
16property, or that have been withdrawn from the agency's
17library collection through a regular collection evaluation
18process, to any of the following entities:
19        (1) Another agency covered by this Act located in
20    Illinois.
21        (2) A State supported university library located in
22    Illinois.
23        (3) A tax-supported public library located in
24    Illinois, including a library established by a public
25    library district.
26        (4) A library system organized under the Illinois

 

 

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1    Library System Act or any library located in Illinois that
2    is a member of such a system.
3        (5) A non-profit agency, located in or outside
4    Illinois.
5    A transfer of property under this subsection is not
6subject to the requirements of subsection (a) or (b).
7    In addition, an agency covered by this Act may sell or
8exchange books, serial publications, and other library
9materials that have been withdrawn from its library collection
10through a regular collection evaluation process. Those items
11may be sold to the public at library book sales or to book
12dealers or may be offered through exchange to book dealers or
13other organizations. Revenues generated from the sale of
14withdrawn items shall be retained by the agency in a separate
15account to be used solely for the purchase of library
16materials; except that in the case of the State Library,
17revenues from the sale of withdrawn items shall be deposited
18into the State Library Fund to be used for the purposes stated
19in Section 25 of the State Library Act.
20    For purposes of this subsection (c), "library materials"
21means physical entities of any substance that serve as
22carriers of information, including, without limitation, books,
23serial publications, periodicals, microforms, graphics, audio
24or video recordings, and machine readable data files.
25    (d) Notwithstanding any other provision of this Act, the
26Director of the Illinois State Police may dispose of a service

 

 

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1firearm or police badge issued or previously issued to a
2retiring or separating State Police officer as provided in
3Section 17b of the Illinois State Police Act. The Director of
4Natural Resources may dispose of a service firearm or police
5badge issued previously to a retiring Conservation Police
6Officer as provided in Section 805-538 of the Department of
7Natural Resources (Conservation) Law of the Civil
8Administrative Code of Illinois. The Director of the Secretary
9of State Department of Police may dispose of a service firearm
10or police badge issued or previously issued to a retiring
11Secretary of State Police officer, inspector, or investigator
12as provided in Section 2-116 of the Illinois Vehicle Code. The
13Office of the State Fire Marshal may dispose of a service
14firearm or badge previously issued to a State Fire Marshal
15Arson Investigator Special Agent who is honorably retiring or
16separating in good standing as provided in subsection (c) of
17Section 1 of the Peace Officer Fire Investigation Act.
18(Source: P.A. 100-931, eff. 8-17-18.)
 
19    (30 ILCS 605/7b)
20    Sec. 7b. Maintenance and operation of Illinois State
21Police vehicles. All proceeds received by the Department of
22Central Management Services under this Act from the sale of
23vehicles operated by the Illinois Department of State Police
24shall be deposited into the State Police Vehicle Maintenance
25Fund.

 

 

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1    The State Police Vehicle Maintenance Fund is created as a
2special fund in the State treasury. All moneys in the State
3Police Vehicle Maintenance Fund, subject to appropriation,
4shall be used by the Illinois Department of State Police for
5the maintenance and operation of vehicles for that Department.
6(Source: P.A. 101-636, eff. 6-10-20.)
 
7    (30 ILCS 605/7c)
8    Sec. 7c. Acquisition of Illinois State Police vehicles.
9The State Police Vehicle Fund is created as a special fund in
10the State treasury. All moneys in the Fund, subject to
11appropriation, shall be used by the Illinois Department of
12State Police:
13        (1) for the acquisition of vehicles for that
14    Department; or
15        (2) for debt service on bonds issued to finance the
16    acquisition of vehicles for that Department.
17(Source: P.A. 100-987, eff. 7-1-19.)
 
18    Section 350. The State Vehicle Identification Act is
19amended by changing Section 4 as follows:
 
20    (30 ILCS 610/4)  (from Ch. 127, par. 133e4)
21    Sec. 4. This Act shall not apply to vehicles used by
22elective State officers, by executive heads of State agencies
23and departments, by presidents of colleges or universities

 

 

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1placed under control of officers of this State, or by any
2employee of a State agency or department in the performance of
3investigative services exclusively when the executive head
4thereof has requested an exception in writing, and such
5exception has been approved in writing by the Department, on
6the basis that the identification would hamper the individual
7employee in the routine performance of his investigative
8duties. A record, open to public inspection, shall be kept by
9the Department of all such exceptions approved by it.
10    This Act shall not apply to vehicles assigned to the use of
11the Illinois Department of State Police and the Division of
12Law Enforcement of the Department of Natural Resources, and
13the executive heads thereof shall have within their discretion
14determination of the type of markings or identification, if
15any, to be affixed to vehicles assigned to said Department or
16Division nor shall this Act apply to vehicles assigned to the
17use of Secretary of State police officers.
18(Source: P.A. 89-445, eff. 2-7-96.)
 
19    Section 355. The Intergovernmental Drug Laws Enforcement
20Act is amended by changing Sections 2.01, 3, 4, 5, and 5.1 as
21follows:
 
22    (30 ILCS 715/2.01)  (from Ch. 56 1/2, par. 1702.01)
23    Sec. 2.01. "Department" means the Department of State
24Police and "Director" means the Director of the Illinois State

 

 

HB3655- 441 -LRB102 16922 WGH 22334 b

1Police.
2(Source: P.A. 84-25.)
 
3    (30 ILCS 715/3)  (from Ch. 56 1/2, par. 1703)
4    Sec. 3. A Metropolitan Enforcement Group which meets the
5minimum criteria established in this Section is eligible to
6receive State grants to help defray the costs of operation. To
7be eligible a MEG must:
8        (1) Be established and operating pursuant to
9    intergovernmental contracts written and executed in
10    conformity with the Intergovernmental Cooperation Act, and
11    involve 2 or more units of local government.
12        (2) Establish a MEG Policy Board composed of an
13    elected official, or his designee, and the chief law
14    enforcement officer, or his designee, from each
15    participating unit of local government to oversee the
16    operations of the MEG and make such reports to the
17    Illinois Department of State Police as the Illinois State
18    Police Department may require.
19        (3) Designate a single appropriate elected official of
20    a participating unit of local government to act as the
21    financial officer of the MEG for all participating units
22    of local government and to receive funds for the operation
23    of the MEG.
24        (4) Limit its operations to enforcement of drug laws;
25    enforcement of Sections 24-2.1, 24-2.2, 24-3, 24-3.1,

 

 

HB3655- 442 -LRB102 16922 WGH 22334 b

1    24-3.3, 24-3.4, 24-4, and 24-5 and subsections 24-1(a)(4),
2    24-1(a)(6), 24-1(a)(7), 24-1(a)(9), 24-1(a)(10), and
3    24-1(c) of the Criminal Code of 2012; and the
4    investigation of streetgang related offenses.
5        (5) Cooperate with the Illinois Department of State
6    Police in order to assure compliance with this Act and to
7    enable the Illinois State Police Department to fulfill its
8    duties under this Act, and supply the Illinois State
9    Police Department with all information the Illinois State
10    Police Department deems necessary therefor.
11        (6) Receive funding of at least 50% of the total
12    operating budget of the MEG from the participating units
13    of local government.
14(Source: P.A. 97-1150, eff. 1-25-13.)
 
15    (30 ILCS 715/4)  (from Ch. 56 1/2, par. 1704)
16    Sec. 4. The Illinois Department of State Police shall
17monitor the operations of all MEG units and determine their
18eligibility to receive State grants under this Act. From the
19moneys appropriated annually by the General Assembly for this
20purpose, the Director shall determine and certify to the
21Comptroller the amount of the grant to be made to each
22designated MEG financial officer. The amount of the State
23grant which a MEG may receive hereunder may not exceed 50% of
24the total operating budget of that MEG.
25(Source: P.A. 84-25.)
 

 

 

HB3655- 443 -LRB102 16922 WGH 22334 b

1    (30 ILCS 715/5)  (from Ch. 56 1/2, par. 1705)
2    Sec. 5. The Illinois Department of State Police shall
3coordinate the operations of all MEG units and may establish
4such reasonable rules and regulations and conduct those
5investigations the Director deems necessary to carry out its
6duties under this Act, including the establishment of forms
7for reporting by each MEG to the Illinois State Police
8Department.
9(Source: P.A. 84-25.)
 
10    (30 ILCS 715/5.1)  (from Ch. 56 1/2, par. 1705.1)
11    Sec. 5.1. The Director may assign the functions and duties
12created under this Act to be administered by the Illinois
13Department of State Police, Division of Investigation.
14(Source: P.A. 84-25.)
 
15    Section 360. The State Mandates Act is amended by changing
16Section 8.40 as follows:
 
17    (30 ILCS 805/8.40)
18    Sec. 8.40. Exempt mandate.
19    (a) Notwithstanding Sections 6 and 8 of this Act, no
20reimbursement by the State is required for the implementation
21of any mandate created by Public Act 99-683, 99-745, or
2299-905.

 

 

HB3655- 444 -LRB102 16922 WGH 22334 b

1    (b) Notwithstanding Sections 6 and 8 of this Act, no
2reimbursement by the State is required for the implementation
3of any mandate created by Section 40 of the Illinois State
4Police Act and Section 10.19 of the Illinois Police Training
5Act.
6(Source: P.A. 99-683, eff. 7-29-16; 99-711, eff. 1-1-17;
799-745, eff. 8-5-16; 99-905, eff. 11-29-16; 100-201, eff.
88-18-17.)
 
9    Section 365. The Illinois Income Tax Act is amended by
10changing Section 1109 as follows:
 
11    (35 ILCS 5/1109)  (from Ch. 120, par. 11-1109)
12    Sec. 1109. Demand and Seizure. In addition to any other
13remedy provided for by the laws of this State, if the tax
14imposed by this Act is not paid within the time required by
15this Act, the Department, or some person designated by it, may
16cause a demand to be made on the taxpayer for the payment
17thereof. If such tax remains unpaid for 10 days after such
18demand has been made and no proceedings have been taken to
19review the same, the Department may issue a warrant directed
20to any sheriff or other person authorized to serve process,
21commanding the sheriff or other person to levy upon the
22property and rights to property (whether real or personal,
23tangible or intangible) of the taxpayer, without exemption,
24found within his jurisdiction, for the payment of the amount

 

 

HB3655- 445 -LRB102 16922 WGH 22334 b

1thereof with the added penalties, interest and the cost of
2executing the warrant. The term "levy" includes the power of
3distraint and seizure by any means. In any case in which the
4warrant to levy has been issued, the sheriff or other person to
5whom the warrant was directed may seize and sell such property
6or rights to property. Such warrant shall be returned to the
7Department together with the money collected by virtue thereof
8within the time therein specified, which shall not be less
9than 20 nor more than 90 days from the date of the warrant. The
10sheriff or other person to whom such warrant is directed shall
11proceed in the same manner as prescribed by law in respect to
12the enforcement against property upon judgments by a court,
13and shall be entitled to the same fees for his services in
14executing the warrant, to be collected in the same manner. The
15Department, or some officer, employee or agent designated by
16it, is hereby authorized to bid for and purchase any property
17sold under the provisions hereof. No proceedings for a levy
18under this Section shall be commenced more than 20 years after
19the latest date for filing of the notice of lien under the
20provisions of Section 1103, without regard to whether such
21notice was actually filed.
22    Any officer or employee of the Department designated in
23writing by the Director is authorized to serve process under
24this Section to levy upon accounts or other intangible assets
25of a taxpayer held by a financial organization, as defined in
26Section 1501 of this Act. In addition to any other provisions

 

 

HB3655- 446 -LRB102 16922 WGH 22334 b

1of this Section, any officer or employee of the Department
2designated in writing by the Director may levy upon the
3following property and rights to property belonging to a
4taxpayer: contractual payments, accounts and notes receivable
5and other evidences of debt, and interest on bonds, by serving
6a notice of levy on the person making such payment. Levy shall
7not be made until the Department has caused a demand to be made
8on the taxpayer in the manner provided above. In addition to
9any other provisions of this Section, any officer or employee
10of the Department designated in writing by the Director, may
11levy upon the salary, wages, commissions and bonuses of any
12employee, including officers, employees, or elected officials
13of the United States as authorized by Section 5520a of the
14Government Organization and Employees Act (5 U.S.C. 5520a),
15but not upon the salary or wages of officers, employees, or
16elected officials of any state other than this State, by
17serving a notice of levy on the employer, as defined in Section
18701(d). Levy shall not be made until the Department has caused
19a demand to be made on the employee in the manner provided
20above. The provisions of Section 12-803 of the Code of Civil
21Procedure relating to maximum compensation subject to
22collection under wage deduction orders shall apply to all
23levies made upon compensation under this Section. To the
24extent of the amount due on the levy, the employer or other
25person making payments to the taxpayer shall hold any
26non-exempt wages or other payments due or which subsequently

 

 

HB3655- 447 -LRB102 16922 WGH 22334 b

1come due. The levy or balance due thereon is a lien on wages or
2other payments due at the time of the service of the notice of
3levy, and such lien shall continue as to subsequent earnings
4and other payments until the total amount due upon the levy is
5paid, except that such lien on subsequent earnings or other
6payments shall terminate sooner if the employment relationship
7is terminated or if the notice of levy is rescinded or
8modified. The employer or other person making payments to the
9taxpayer shall file, on or before the return dates stated in
10the notice of levy (which shall not be more often than
11bimonthly) a written answer under oath to interrogatories,
12setting forth the amount due as wages or other payments to the
13taxpayer for the payment periods ending immediately prior to
14the appropriate return date. A lien obtained hereunder shall
15have priority over any subsequent lien obtained pursuant to
16Section 12-808 of the Code of Civil Procedure, except that
17liens for the support of a spouse or dependent children shall
18have priority over all liens obtained hereunder.
19    In any case where property or rights to property have been
20seized by an officer of the Illinois Department of State
21Police, or successor agency thereto, under the authority of a
22warrant to levy issued by the Department of Revenue, the
23Department of Revenue may take possession of and may sell such
24property or rights to property and the Department of Revenue
25may contract with third persons to conduct sales of such
26property or rights to the property. In the conduct of such

 

 

HB3655- 448 -LRB102 16922 WGH 22334 b

1sales, the Department of Revenue shall proceed in the same
2manner as is prescribed by law for proceeding against property
3to enforce judgments which are entered by a circuit court of
4this State. If, in the Department of Revenue's opinion, no
5offer to purchase at such sale is acceptable and the State's
6interest would be better served by retaining the property for
7sale at a later date, then the Department may decline to accept
8any bid and may retain the property for sale at a later date.
9(Source: P.A. 89-399, eff. 8-20-95.)
 
10    Section 370. The Cigarette Use Tax Act is amended by
11changing Section 3-10 as follows:
 
12    (35 ILCS 135/3-10)
13    Sec. 3-10. Cigarette enforcement.
14    (a) Prohibitions. It is unlawful for any person:
15        (1) to sell or distribute in this State; to acquire,
16    hold, own, possess, or transport, for sale or distribution
17    in this State; or to import, or cause to be imported into
18    this State for sale or distribution in this State:
19            (A) any cigarettes the package of which:
20                (i) bears any statement, label, stamp,
21            sticker, or notice indicating that the
22            manufacturer did not intend the cigarettes to be
23            sold, distributed, or used in the United States,
24            including but not limited to labels stating "For

 

 

HB3655- 449 -LRB102 16922 WGH 22334 b

1            Export Only", "U.S. Tax Exempt", "For Use Outside
2            U.S.", or similar wording; or
3                (ii) does not comply with:
4                    (aa) all requirements imposed by or
5                pursuant to federal law regarding warnings and
6                other information on packages of cigarettes
7                manufactured, packaged, or imported for sale,
8                distribution, or use in the United States,
9                including but not limited to the precise
10                warning labels specified in the federal
11                Cigarette Labeling and Advertising Act, 15
12                U.S.C. 1333; and
13                    (bb) all federal trademark and copyright
14                laws;
15            (B) any cigarettes imported into the United States
16        in violation of 26 U.S.C. 5754 or any other federal
17        law, or implementing federal regulations;
18            (C) any cigarettes that such person otherwise
19        knows or has reason to know the manufacturer did not
20        intend to be sold, distributed, or used in the United
21        States; or
22            (D) any cigarettes for which there has not been
23        submitted to the Secretary of the U.S. Department of
24        Health and Human Services the list or lists of the
25        ingredients added to tobacco in the manufacture of the
26        cigarettes required by the federal Cigarette Labeling

 

 

HB3655- 450 -LRB102 16922 WGH 22334 b

1        and Advertising Act, 15 U.S.C. 1335a;
2        (2) to alter the package of any cigarettes, prior to
3    sale or distribution to the ultimate consumer, so as to
4    remove, conceal, or obscure:
5            (A) any statement, label, stamp, sticker, or
6        notice described in subdivision (a)(1)(A)(i) of this
7        Section;
8            (B) any health warning that is not specified in,
9        or does not conform with the requirements of, the
10        federal Cigarette Labeling and Advertising Act, 15
11        U.S.C. 1333; or
12        (3) to affix any stamp required pursuant to this Act
13    to the package of any cigarettes described in subdivision
14    (a)(1) of this Section or altered in violation of
15    subdivision (a)(2).
16    (b) Documentation. On the first business day of each
17month, each person licensed to affix the State tax stamp to
18cigarettes shall file with the Department, for all cigarettes
19imported into the United States to which the person has
20affixed the tax stamp in the preceding month:
21        (1) a copy of:
22            (A) the permit issued pursuant to the Internal
23        Revenue Code, 26 U.S.C. 5713, to the person importing
24        the cigarettes into the United States allowing the
25        person to import the cigarettes; and
26            (B) the customs form containing, with respect to

 

 

HB3655- 451 -LRB102 16922 WGH 22334 b

1        the cigarettes, the internal revenue tax information
2        required by the U.S. Bureau of Alcohol, Tobacco and
3        Firearms;
4        (2) a statement, signed by the person under penalty of
5    perjury, which shall be treated as confidential by the
6    Department and exempt from disclosure under the Freedom of
7    Information Act, identifying the brand and brand styles of
8    all such cigarettes, the quantity of each brand style of
9    such cigarettes, the supplier of such cigarettes, and the
10    person or persons, if any, to whom such cigarettes have
11    been conveyed for resale; and a separate statement, signed
12    by the individual under penalty of perjury, which shall
13    not be treated as confidential or exempt from disclosure,
14    separately identifying the brands and brand styles of such
15    cigarettes; and
16        (3) a statement, signed by an officer of the
17    manufacturer or importer under penalty of perjury,
18    certifying that the manufacturer or importer has complied
19    with:
20            (A) the package health warning and ingredient
21        reporting requirements of the federal Cigarette
22        Labeling and Advertising Act, 15 U.S.C. 1333 and
23        1335a, with respect to such cigarettes; and
24            (B) the provisions of Exhibit T of the Master
25        Settlement Agreement entered in the case of People of
26        the State of Illinois v. Philip Morris, et al.

 

 

HB3655- 452 -LRB102 16922 WGH 22334 b

1        (Circuit Court of Cook County, No. 96-L13146),
2        including a statement indicating whether the
3        manufacturer is, or is not, a participating tobacco
4        manufacturer within the meaning of Exhibit T.
5    (c) Administrative sanctions.
6        (1) Upon finding that a distributor, secondary
7    distributor, retailer, or a person has committed any of
8    the acts prohibited by subsection (a), knowing or having
9    reason to know that he or she has done so, or upon finding
10    that a distributor or person has failed to comply with any
11    requirement of subsection (b), the Department may revoke
12    or suspend the license or licenses of any distributor,
13    retailer, or secondary distributor pursuant to the
14    procedures set forth in Section 6 and impose on the
15    distributor, secondary distributor, retailer, or person, a
16    civil penalty in an amount not to exceed the greater of
17    500% of the retail value of the cigarettes involved or
18    $5,000.
19        (2) Cigarettes that are acquired, held, owned,
20    possessed, transported in, imported into, or sold or
21    distributed in this State in violation of this Section
22    shall be deemed contraband under this Act and are subject
23    to seizure and forfeiture as provided in this Act, and all
24    such cigarettes seized and forfeited shall be destroyed or
25    maintained and used in an undercover capacity. Such
26    cigarettes shall be deemed contraband whether the

 

 

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1    violation of this Section is knowing or otherwise.
2    (d) Unfair trade practices. In addition to any other
3penalties provided for in this Act, a violation of subsection
4(a) or subsection (b) of this Section shall constitute an
5unlawful practice as provided in the Consumer Fraud and
6Deceptive Business Practices Act.
7    (d-1) Retailers who are licensed under Section 4g of the
8Cigarette Tax Act and secondary distributors shall not be
9liable under subsections (c)(1) and (d) of this Section for
10unknowingly possessing, selling, or distributing to consumers
11or users cigarettes identified in subsection (a)(1) of this
12Section if the cigarettes possessed, sold, or distributed by
13the licensed retailer were obtained from a distributor or
14secondary distributor licensed under this Act or the Cigarette
15Tax Act.
16    (d-2) Criminal Penalties. A distributor, secondary
17distributor, retailer, or person who violates subsection (a),
18or a distributor, secondary distributor, or person who
19violates subsection (b) of this Section shall be guilty of a
20Class 4 felony.
21    (e) Unfair cigarette sales. For purposes of the Trademark
22Registration and Protection Act and the Counterfeit Trademark
23Act, cigarettes imported or reimported into the United States
24for sale or distribution under any trade name, trade dress, or
25trademark that is the same as, or is confusingly similar to,
26any trade name, trade dress, or trademark used for cigarettes

 

 

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1manufactured in the United States for sale or distribution in
2the United States shall be presumed to have been purchased
3outside of the ordinary channels of trade.
4    (f) General provisions.
5        (1) This Section shall be enforced by the Department;
6    provided that, at the request of the Director of Revenue
7    or the Director's duly authorized agent, the Illinois
8    State Police police and all local police authorities shall
9    enforce the provisions of this Section. The Attorney
10    General has concurrent power with the State's Attorney of
11    any county to enforce this Section.
12        (2) For the purpose of enforcing this Section, the
13    Director of Revenue and any agency to which the Director
14    has delegated enforcement responsibility pursuant to
15    subdivision (f)(1) may request information from any State
16    or local agency and may share information with and request
17    information from any federal agency and any agency of any
18    other state or any local agency of any other state.
19        (3) In addition to any other remedy provided by law,
20    including enforcement as provided in subdivision (f)(1),
21    any person may bring an action for appropriate injunctive
22    or other equitable relief for a violation of this Section;
23    actual damages, if any, sustained by reason of the
24    violation; and, as determined by the court, interest on
25    the damages from the date of the complaint, taxable costs,
26    and reasonable attorney's fees. If the trier of fact finds

 

 

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1    that the violation is flagrant, it may increase recovery
2    to an amount not in excess of 3 times the actual damages
3    sustained by reason of the violation.
4    (g) Definitions. As used in this Section:
5    "Importer" means that term as defined in 26 U.S.C.
65702(1).
7    "Package" means that term as defined in 15 U.S.C. 1332(4).
8    (h) Applicability.
9        (1) This Section does not apply to:
10            (A) cigarettes allowed to be imported or brought
11        into the United States for personal use; and
12            (B) cigarettes sold or intended to be sold as
13        duty-free merchandise by a duty-free sales enterprise
14        in accordance with the provisions of 19 U.S.C. 1555(b)
15        and any implementing regulations; except that this
16        Section shall apply to any such cigarettes that are
17        brought back into the customs territory for resale
18        within the customs territory.
19        (2) The penalties provided in this Section are in
20    addition to any other penalties imposed under other
21    provision of law.
22(Source: P.A. 98-1055, eff. 1-1-16.)
 
23    Section 380. The Illinois Pension Code is amended by
24changing Sections 14-103.05, 14-110, 14-123.1, and 14-124 as
25follows:
 

 

 

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1    (40 ILCS 5/14-103.05)  (from Ch. 108 1/2, par. 14-103.05)
2    Sec. 14-103.05. Employee.
3    (a) Any person employed by a Department who receives
4salary for personal services rendered to the Department on a
5warrant issued pursuant to a payroll voucher certified by a
6Department and drawn by the State Comptroller upon the State
7Treasurer, including an elected official described in
8subparagraph (d) of Section 14-104, shall become an employee
9for purpose of membership in the Retirement System on the
10first day of such employment.
11    A person entering service on or after January 1, 1972 and
12prior to January 1, 1984 shall become a member as a condition
13of employment and shall begin making contributions as of the
14first day of employment.
15    A person entering service on or after January 1, 1984
16shall, upon completion of 6 months of continuous service which
17is not interrupted by a break of more than 2 months, become a
18member as a condition of employment. Contributions shall begin
19the first of the month after completion of the qualifying
20period.
21    A person employed by the Chicago Metropolitan Agency for
22Planning on the effective date of this amendatory Act of the
2395th General Assembly who was a member of this System as an
24employee of the Chicago Area Transportation Study and makes an
25election under Section 14-104.13 to participate in this System

 

 

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1for his or her employment with the Chicago Metropolitan Agency
2for Planning.
3    The qualifying period of 6 months of service is not
4applicable to: (1) a person who has been granted credit for
5service in a position covered by the State Universities
6Retirement System, the Teachers' Retirement System of the
7State of Illinois, the General Assembly Retirement System, or
8the Judges Retirement System of Illinois unless that service
9has been forfeited under the laws of those systems; (2) a
10person entering service on or after July 1, 1991 in a
11noncovered position; (3) a person to whom Section 14-108.2a or
1214-108.2b applies; or (4) a person to whom subsection (a-5) of
13this Section applies.
14    (a-5) A person entering service on or after December 1,
152010 shall become a member as a condition of employment and
16shall begin making contributions as of the first day of
17employment. A person serving in the qualifying period on
18December 1, 2010 will become a member on December 1, 2010 and
19shall begin making contributions as of December 1, 2010.
20    (b) The term "employee" does not include the following:
21        (1) members of the State Legislature, and persons
22    electing to become members of the General Assembly
23    Retirement System pursuant to Section 2-105;
24        (2) incumbents of offices normally filled by vote of
25    the people;
26        (3) except as otherwise provided in this Section, any

 

 

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1    person appointed by the Governor with the advice and
2    consent of the Senate unless that person elects to
3    participate in this system;
4        (3.1) any person serving as a commissioner of an
5    ethics commission created under the State Officials and
6    Employees Ethics Act unless that person elects to
7    participate in this system with respect to that service as
8    a commissioner;
9        (3.2) any person serving as a part-time employee in
10    any of the following positions: Legislative Inspector
11    General, Special Legislative Inspector General, employee
12    of the Office of the Legislative Inspector General,
13    Executive Director of the Legislative Ethics Commission,
14    or staff of the Legislative Ethics Commission, regardless
15    of whether he or she is in active service on or after July
16    8, 2004 (the effective date of Public Act 93-685), unless
17    that person elects to participate in this System with
18    respect to that service; in this item (3.2), a "part-time
19    employee" is a person who is not required to work at least
20    35 hours per week;
21        (3.3) any person who has made an election under
22    Section 1-123 and who is serving either as legal counsel
23    in the Office of the Governor or as Chief Deputy Attorney
24    General;
25        (4) except as provided in Section 14-108.2 or
26    14-108.2c, any person who is covered or eligible to be

 

 

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1    covered by the Teachers' Retirement System of the State of
2    Illinois, the State Universities Retirement System, or the
3    Judges Retirement System of Illinois;
4        (5) an employee of a municipality or any other
5    political subdivision of the State;
6        (6) any person who becomes an employee after June 30,
7    1979 as a public service employment program participant
8    under the Federal Comprehensive Employment and Training
9    Act and whose wages or fringe benefits are paid in whole or
10    in part by funds provided under such Act;
11        (7) enrollees of the Illinois Young Adult Conservation
12    Corps program, administered by the Department of Natural
13    Resources, authorized grantee pursuant to Title VIII of
14    the "Comprehensive Employment and Training Act of 1973",
15    29 USC 993, as now or hereafter amended;
16        (8) enrollees and temporary staff of programs
17    administered by the Department of Natural Resources under
18    the Youth Conservation Corps Act of 1970;
19        (9) any person who is a member of any professional
20    licensing or disciplinary board created under an Act
21    administered by the Department of Professional Regulation
22    or a successor agency or created or re-created after the
23    effective date of this amendatory Act of 1997, and who
24    receives per diem compensation rather than a salary,
25    notwithstanding that such per diem compensation is paid by
26    warrant issued pursuant to a payroll voucher; such persons

 

 

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1    have never been included in the membership of this System,
2    and this amendatory Act of 1987 (P.A. 84-1472) is not
3    intended to effect any change in the status of such
4    persons;
5        (10) any person who is a member of the Illinois Health
6    Care Cost Containment Council, and receives per diem
7    compensation rather than a salary, notwithstanding that
8    such per diem compensation is paid by warrant issued
9    pursuant to a payroll voucher; such persons have never
10    been included in the membership of this System, and this
11    amendatory Act of 1987 is not intended to effect any
12    change in the status of such persons;
13        (11) any person who is a member of the Oil and Gas
14    Board created by Section 1.2 of the Illinois Oil and Gas
15    Act, and receives per diem compensation rather than a
16    salary, notwithstanding that such per diem compensation is
17    paid by warrant issued pursuant to a payroll voucher;
18        (12) a person employed by the State Board of Higher
19    Education in a position with the Illinois Century Network
20    as of June 30, 2004, who remains continuously employed
21    after that date by the Department of Central Management
22    Services in a position with the Illinois Century Network
23    and participates in the Article 15 system with respect to
24    that employment;
25        (13) any person who first becomes a member of the
26    Civil Service Commission on or after January 1, 2012;

 

 

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1        (14) any person, other than the Director of Employment
2    Security, who first becomes a member of the Board of
3    Review of the Department of Employment Security on or
4    after January 1, 2012;
5        (15) any person who first becomes a member of the
6    Civil Service Commission on or after January 1, 2012;
7        (16) any person who first becomes a member of the
8    Illinois Liquor Control Commission on or after January 1,
9    2012;
10        (17) any person who first becomes a member of the
11    Secretary of State Merit Commission on or after January 1,
12    2012;
13        (18) any person who first becomes a member of the
14    Human Rights Commission on or after January 1, 2012 unless
15    he or she is eligible to participate in accordance with
16    subsection (d) of this Section;
17        (19) any person who first becomes a member of the
18    State Mining Board on or after January 1, 2012;
19        (20) any person who first becomes a member of the
20    Property Tax Appeal Board on or after January 1, 2012;
21        (21) any person who first becomes a member of the
22    Illinois Racing Board on or after January 1, 2012;
23        (22) any person who first becomes a member of the
24    Illinois Department of State Police Merit Board on or
25    after January 1, 2012;
26        (23) any person who first becomes a member of the

 

 

HB3655- 462 -LRB102 16922 WGH 22334 b

1    Illinois State Toll Highway Authority on or after January
2    1, 2012; or
3        (24) any person who first becomes a member of the
4    Illinois State Board of Elections on or after January 1,
5    2012.
6    (c) An individual who represents or is employed as an
7officer or employee of a statewide labor organization that
8represents members of this System may participate in the
9System and shall be deemed an employee, provided that (1) the
10individual has previously earned creditable service under this
11Article, (2) the individual files with the System an
12irrevocable election to become a participant within 6 months
13after the effective date of this amendatory Act of the 94th
14General Assembly, and (3) the individual does not receive
15credit for that employment under any other provisions of this
16Code. An employee under this subsection (c) is responsible for
17paying to the System both (i) employee contributions based on
18the actual compensation received for service with the labor
19organization and (ii) employer contributions based on the
20percentage of payroll certified by the board; all or any part
21of these contributions may be paid on the employee's behalf or
22picked up for tax purposes (if authorized under federal law)
23by the labor organization.
24    A person who is an employee as defined in this subsection
25(c) may establish service credit for similar employment prior
26to becoming an employee under this subsection by paying to the

 

 

HB3655- 463 -LRB102 16922 WGH 22334 b

1System for that employment the contributions specified in this
2subsection, plus interest at the effective rate from the date
3of service to the date of payment. However, credit shall not be
4granted under this subsection (c) for any such prior
5employment for which the applicant received credit under any
6other provision of this Code or during which the applicant was
7on a leave of absence.
8    (d) A person appointed as a member of the Human Rights
9Commission on or after June 1, 2019 may elect to participate in
10the System and shall be deemed an employee. Service and
11contributions shall begin on the first payroll period
12immediately following the employee's election to participate
13in the System.
14    A person who is an employee as described in this
15subsection (d) may establish service credit for employment as
16a Human Rights Commissioner that occurred on or after June 1,
172019 and before establishing service under this subsection by
18paying to the System for that employment the contributions
19specified in paragraph (1) of subsection (a) of Section
2014-133, plus regular interest from the date of service to the
21date of payment.
22(Source: P.A. 101-10, eff. 6-5-19.)
 
23    (40 ILCS 5/14-110)  (from Ch. 108 1/2, par. 14-110)
24    Sec. 14-110. Alternative retirement annuity.
25    (a) Any member who has withdrawn from service with not

 

 

HB3655- 464 -LRB102 16922 WGH 22334 b

1less than 20 years of eligible creditable service and has
2attained age 55, and any member who has withdrawn from service
3with not less than 25 years of eligible creditable service and
4has attained age 50, regardless of whether the attainment of
5either of the specified ages occurs while the member is still
6in service, shall be entitled to receive at the option of the
7member, in lieu of the regular or minimum retirement annuity,
8a retirement annuity computed as follows:
9        (i) for periods of service as a noncovered employee:
10    if retirement occurs on or after January 1, 2001, 3% of
11    final average compensation for each year of creditable
12    service; if retirement occurs before January 1, 2001, 2
13    1/4% of final average compensation for each of the first
14    10 years of creditable service, 2 1/2% for each year above
15    10 years to and including 20 years of creditable service,
16    and 2 3/4% for each year of creditable service above 20
17    years; and
18        (ii) for periods of eligible creditable service as a
19    covered employee: if retirement occurs on or after January
20    1, 2001, 2.5% of final average compensation for each year
21    of creditable service; if retirement occurs before January
22    1, 2001, 1.67% of final average compensation for each of
23    the first 10 years of such service, 1.90% for each of the
24    next 10 years of such service, 2.10% for each year of such
25    service in excess of 20 but not exceeding 30, and 2.30% for
26    each year in excess of 30.

 

 

HB3655- 465 -LRB102 16922 WGH 22334 b

1    Such annuity shall be subject to a maximum of 75% of final
2average compensation if retirement occurs before January 1,
32001 or to a maximum of 80% of final average compensation if
4retirement occurs on or after January 1, 2001.
5    These rates shall not be applicable to any service
6performed by a member as a covered employee which is not
7eligible creditable service. Service as a covered employee
8which is not eligible creditable service shall be subject to
9the rates and provisions of Section 14-108.
10    (b) For the purpose of this Section, "eligible creditable
11service" means creditable service resulting from service in
12one or more of the following positions:
13        (1) State policeman;
14        (2) fire fighter in the fire protection service of a
15    department;
16        (3) air pilot;
17        (4) special agent;
18        (5) investigator for the Secretary of State;
19        (6) conservation police officer;
20        (7) investigator for the Department of Revenue or the
21    Illinois Gaming Board;
22        (8) security employee of the Department of Human
23    Services;
24        (9) Central Management Services security police
25    officer;
26        (10) security employee of the Department of

 

 

HB3655- 466 -LRB102 16922 WGH 22334 b

1    Corrections or the Department of Juvenile Justice;
2        (11) dangerous drugs investigator;
3        (12) investigator for the Illinois Department of State
4    Police;
5        (13) investigator for the Office of the Attorney
6    General;
7        (14) controlled substance inspector;
8        (15) investigator for the Office of the State's
9    Attorneys Appellate Prosecutor;
10        (16) Commerce Commission police officer;
11        (17) arson investigator;
12        (18) State highway maintenance worker;
13        (19) security employee of the Department of Innovation
14    and Technology; or
15        (20) transferred employee.
16    A person employed in one of the positions specified in
17this subsection is entitled to eligible creditable service for
18service credit earned under this Article while undergoing the
19basic police training course approved by the Illinois Law
20Enforcement Training Standards Board, if completion of that
21training is required of persons serving in that position. For
22the purposes of this Code, service during the required basic
23police training course shall be deemed performance of the
24duties of the specified position, even though the person is
25not a sworn peace officer at the time of the training.
26    A person under paragraph (20) is entitled to eligible

 

 

HB3655- 467 -LRB102 16922 WGH 22334 b

1creditable service for service credit earned under this
2Article on and after his or her transfer by Executive Order No.
32003-10, Executive Order No. 2004-2, or Executive Order No.
42016-1.
5    (c) For the purposes of this Section:
6        (1) The term "State policeman" includes any title or
7    position in the Illinois Department of State Police that
8    is held by an individual employed under the Illinois State
9    Police Act.
10        (2) The term "fire fighter in the fire protection
11    service of a department" includes all officers in such
12    fire protection service including fire chiefs and
13    assistant fire chiefs.
14        (3) The term "air pilot" includes any employee whose
15    official job description on file in the Department of
16    Central Management Services, or in the department by which
17    he is employed if that department is not covered by the
18    Personnel Code, states that his principal duty is the
19    operation of aircraft, and who possesses a pilot's
20    license; however, the change in this definition made by
21    this amendatory Act of 1983 shall not operate to exclude
22    any noncovered employee who was an "air pilot" for the
23    purposes of this Section on January 1, 1984.
24        (4) The term "special agent" means any person who by
25    reason of employment by the Division of Narcotic Control,
26    the Bureau of Investigation or, after July 1, 1977, the

 

 

HB3655- 468 -LRB102 16922 WGH 22334 b

1    Division of Criminal Investigation, the Division of
2    Internal Investigation, the Division of Operations, the
3    Division of Patrol Operations, or any other Division or
4    organizational entity in the Illinois Department of State
5    Police is vested by law with duties to maintain public
6    order, investigate violations of the criminal law of this
7    State, enforce the laws of this State, make arrests and
8    recover property. The term "special agent" includes any
9    title or position in the Illinois Department of State
10    Police that is held by an individual employed under the
11    Illinois State Police Act.
12        (5) The term "investigator for the Secretary of State"
13    means any person employed by the Office of the Secretary
14    of State and vested with such investigative duties as
15    render him ineligible for coverage under the Social
16    Security Act by reason of Sections 218(d)(5)(A),
17    218(d)(8)(D) and 218(l)(1) of that Act.
18        A person who became employed as an investigator for
19    the Secretary of State between January 1, 1967 and
20    December 31, 1975, and who has served as such until
21    attainment of age 60, either continuously or with a single
22    break in service of not more than 3 years duration, which
23    break terminated before January 1, 1976, shall be entitled
24    to have his retirement annuity calculated in accordance
25    with subsection (a), notwithstanding that he has less than
26    20 years of credit for such service.

 

 

HB3655- 469 -LRB102 16922 WGH 22334 b

1        (6) The term "Conservation Police Officer" means any
2    person employed by the Division of Law Enforcement of the
3    Department of Natural Resources and vested with such law
4    enforcement duties as render him ineligible for coverage
5    under the Social Security Act by reason of Sections
6    218(d)(5)(A), 218(d)(8)(D), and 218(l)(1) of that Act. The
7    term "Conservation Police Officer" includes the positions
8    of Chief Conservation Police Administrator and Assistant
9    Conservation Police Administrator.
10        (7) The term "investigator for the Department of
11    Revenue" means any person employed by the Department of
12    Revenue and vested with such investigative duties as
13    render him ineligible for coverage under the Social
14    Security Act by reason of Sections 218(d)(5)(A),
15    218(d)(8)(D) and 218(l)(1) of that Act.
16        The term "investigator for the Illinois Gaming Board"
17    means any person employed as such by the Illinois Gaming
18    Board and vested with such peace officer duties as render
19    the person ineligible for coverage under the Social
20    Security Act by reason of Sections 218(d)(5)(A),
21    218(d)(8)(D), and 218(l)(1) of that Act.
22        (8) The term "security employee of the Department of
23    Human Services" means any person employed by the
24    Department of Human Services who (i) is employed at the
25    Chester Mental Health Center and has daily contact with
26    the residents thereof, (ii) is employed within a security

 

 

HB3655- 470 -LRB102 16922 WGH 22334 b

1    unit at a facility operated by the Department and has
2    daily contact with the residents of the security unit,
3    (iii) is employed at a facility operated by the Department
4    that includes a security unit and is regularly scheduled
5    to work at least 50% of his or her working hours within
6    that security unit, or (iv) is a mental health police
7    officer. "Mental health police officer" means any person
8    employed by the Department of Human Services in a position
9    pertaining to the Department's mental health and
10    developmental disabilities functions who is vested with
11    such law enforcement duties as render the person
12    ineligible for coverage under the Social Security Act by
13    reason of Sections 218(d)(5)(A), 218(d)(8)(D) and
14    218(l)(1) of that Act. "Security unit" means that portion
15    of a facility that is devoted to the care, containment,
16    and treatment of persons committed to the Department of
17    Human Services as sexually violent persons, persons unfit
18    to stand trial, or persons not guilty by reason of
19    insanity. With respect to past employment, references to
20    the Department of Human Services include its predecessor,
21    the Department of Mental Health and Developmental
22    Disabilities.
23        The changes made to this subdivision (c)(8) by Public
24    Act 92-14 apply to persons who retire on or after January
25    1, 2001, notwithstanding Section 1-103.1.
26        (9) "Central Management Services security police

 

 

HB3655- 471 -LRB102 16922 WGH 22334 b

1    officer" means any person employed by the Department of
2    Central Management Services who is vested with such law
3    enforcement duties as render him ineligible for coverage
4    under the Social Security Act by reason of Sections
5    218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act.
6        (10) For a member who first became an employee under
7    this Article before July 1, 2005, the term "security
8    employee of the Department of Corrections or the
9    Department of Juvenile Justice" means any employee of the
10    Department of Corrections or the Department of Juvenile
11    Justice or the former Department of Personnel, and any
12    member or employee of the Prisoner Review Board, who has
13    daily contact with inmates or youth by working within a
14    correctional facility or Juvenile facility operated by the
15    Department of Juvenile Justice or who is a parole officer
16    or an employee who has direct contact with committed
17    persons in the performance of his or her job duties. For a
18    member who first becomes an employee under this Article on
19    or after July 1, 2005, the term means an employee of the
20    Department of Corrections or the Department of Juvenile
21    Justice who is any of the following: (i) officially
22    headquartered at a correctional facility or Juvenile
23    facility operated by the Department of Juvenile Justice,
24    (ii) a parole officer, (iii) a member of the apprehension
25    unit, (iv) a member of the intelligence unit, (v) a member
26    of the sort team, or (vi) an investigator.

 

 

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1        (11) The term "dangerous drugs investigator" means any
2    person who is employed as such by the Department of Human
3    Services.
4        (12) The term "investigator for the Illinois
5    Department of State Police" means a person employed by the
6    Illinois Department of State Police who is vested under
7    Section 4 of the Narcotic Control Division Abolition Act
8    with such law enforcement powers as render him ineligible
9    for coverage under the Social Security Act by reason of
10    Sections 218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that
11    Act.
12        (13) "Investigator for the Office of the Attorney
13    General" means any person who is employed as such by the
14    Office of the Attorney General and is vested with such
15    investigative duties as render him ineligible for coverage
16    under the Social Security Act by reason of Sections
17    218(d)(5)(A), 218(d)(8)(D) and 218(l)(1) of that Act. For
18    the period before January 1, 1989, the term includes all
19    persons who were employed as investigators by the Office
20    of the Attorney General, without regard to social security
21    status.
22        (14) "Controlled substance inspector" means any person
23    who is employed as such by the Department of Professional
24    Regulation and is vested with such law enforcement duties
25    as render him ineligible for coverage under the Social
26    Security Act by reason of Sections 218(d)(5)(A),

 

 

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1    218(d)(8)(D) and 218(l)(1) of that Act. The term
2    "controlled substance inspector" includes the Program
3    Executive of Enforcement and the Assistant Program
4    Executive of Enforcement.
5        (15) The term "investigator for the Office of the
6    State's Attorneys Appellate Prosecutor" means a person
7    employed in that capacity on a full time basis under the
8    authority of Section 7.06 of the State's Attorneys
9    Appellate Prosecutor's Act.
10        (16) "Commerce Commission police officer" means any
11    person employed by the Illinois Commerce Commission who is
12    vested with such law enforcement duties as render him
13    ineligible for coverage under the Social Security Act by
14    reason of Sections 218(d)(5)(A), 218(d)(8)(D), and
15    218(l)(1) of that Act.
16        (17) "Arson investigator" means any person who is
17    employed as such by the Office of the State Fire Marshal
18    and is vested with such law enforcement duties as render
19    the person ineligible for coverage under the Social
20    Security Act by reason of Sections 218(d)(5)(A),
21    218(d)(8)(D), and 218(l)(1) of that Act. A person who was
22    employed as an arson investigator on January 1, 1995 and
23    is no longer in service but not yet receiving a retirement
24    annuity may convert his or her creditable service for
25    employment as an arson investigator into eligible
26    creditable service by paying to the System the difference

 

 

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1    between the employee contributions actually paid for that
2    service and the amounts that would have been contributed
3    if the applicant were contributing at the rate applicable
4    to persons with the same social security status earning
5    eligible creditable service on the date of application.
6        (18) The term "State highway maintenance worker" means
7    a person who is either of the following:
8            (i) A person employed on a full-time basis by the
9        Illinois Department of Transportation in the position
10        of highway maintainer, highway maintenance lead
11        worker, highway maintenance lead/lead worker, heavy
12        construction equipment operator, power shovel
13        operator, or bridge mechanic; and whose principal
14        responsibility is to perform, on the roadway, the
15        actual maintenance necessary to keep the highways that
16        form a part of the State highway system in serviceable
17        condition for vehicular traffic.
18            (ii) A person employed on a full-time basis by the
19        Illinois State Toll Highway Authority in the position
20        of equipment operator/laborer H-4, equipment
21        operator/laborer H-6, welder H-4, welder H-6,
22        mechanical/electrical H-4, mechanical/electrical H-6,
23        water/sewer H-4, water/sewer H-6, sign maker/hanger
24        H-4, sign maker/hanger H-6, roadway lighting H-4,
25        roadway lighting H-6, structural H-4, structural H-6,
26        painter H-4, or painter H-6; and whose principal

 

 

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1        responsibility is to perform, on the roadway, the
2        actual maintenance necessary to keep the Authority's
3        tollways in serviceable condition for vehicular
4        traffic.
5        (19) The term "security employee of the Department of
6    Innovation and Technology" means a person who was a
7    security employee of the Department of Corrections or the
8    Department of Juvenile Justice, was transferred to the
9    Department of Innovation and Technology pursuant to
10    Executive Order 2016-01, and continues to perform similar
11    job functions under that Department.
12        (20) "Transferred employee" means an employee who was
13    transferred to the Department of Central Management
14    Services by Executive Order No. 2003-10 or Executive Order
15    No. 2004-2 or transferred to the Department of Innovation
16    and Technology by Executive Order No. 2016-1, or both, and
17    was entitled to eligible creditable service for services
18    immediately preceding the transfer.
19    (d) A security employee of the Department of Corrections
20or the Department of Juvenile Justice, a security employee of
21the Department of Human Services who is not a mental health
22police officer, and a security employee of the Department of
23Innovation and Technology shall not be eligible for the
24alternative retirement annuity provided by this Section unless
25he or she meets the following minimum age and service
26requirements at the time of retirement:

 

 

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1        (i) 25 years of eligible creditable service and age
2    55; or
3        (ii) beginning January 1, 1987, 25 years of eligible
4    creditable service and age 54, or 24 years of eligible
5    creditable service and age 55; or
6        (iii) beginning January 1, 1988, 25 years of eligible
7    creditable service and age 53, or 23 years of eligible
8    creditable service and age 55; or
9        (iv) beginning January 1, 1989, 25 years of eligible
10    creditable service and age 52, or 22 years of eligible
11    creditable service and age 55; or
12        (v) beginning January 1, 1990, 25 years of eligible
13    creditable service and age 51, or 21 years of eligible
14    creditable service and age 55; or
15        (vi) beginning January 1, 1991, 25 years of eligible
16    creditable service and age 50, or 20 years of eligible
17    creditable service and age 55.
18    Persons who have service credit under Article 16 of this
19Code for service as a security employee of the Department of
20Corrections or the Department of Juvenile Justice, or the
21Department of Human Services in a position requiring
22certification as a teacher may count such service toward
23establishing their eligibility under the service requirements
24of this Section; but such service may be used only for
25establishing such eligibility, and not for the purpose of
26increasing or calculating any benefit.

 

 

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1    (e) If a member enters military service while working in a
2position in which eligible creditable service may be earned,
3and returns to State service in the same or another such
4position, and fulfills in all other respects the conditions
5prescribed in this Article for credit for military service,
6such military service shall be credited as eligible creditable
7service for the purposes of the retirement annuity prescribed
8in this Section.
9    (f) For purposes of calculating retirement annuities under
10this Section, periods of service rendered after December 31,
111968 and before October 1, 1975 as a covered employee in the
12position of special agent, conservation police officer, mental
13health police officer, or investigator for the Secretary of
14State, shall be deemed to have been service as a noncovered
15employee, provided that the employee pays to the System prior
16to retirement an amount equal to (1) the difference between
17the employee contributions that would have been required for
18such service as a noncovered employee, and the amount of
19employee contributions actually paid, plus (2) if payment is
20made after July 31, 1987, regular interest on the amount
21specified in item (1) from the date of service to the date of
22payment.
23    For purposes of calculating retirement annuities under
24this Section, periods of service rendered after December 31,
251968 and before January 1, 1982 as a covered employee in the
26position of investigator for the Department of Revenue shall

 

 

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1be deemed to have been service as a noncovered employee,
2provided that the employee pays to the System prior to
3retirement an amount equal to (1) the difference between the
4employee contributions that would have been required for such
5service as a noncovered employee, and the amount of employee
6contributions actually paid, plus (2) if payment is made after
7January 1, 1990, regular interest on the amount specified in
8item (1) from the date of service to the date of payment.
9    (g) A State policeman may elect, not later than January 1,
101990, to establish eligible creditable service for up to 10
11years of his service as a policeman under Article 3, by filing
12a written election with the Board, accompanied by payment of
13an amount to be determined by the Board, equal to (i) the
14difference between the amount of employee and employer
15contributions transferred to the System under Section 3-110.5,
16and the amounts that would have been contributed had such
17contributions been made at the rates applicable to State
18policemen, plus (ii) interest thereon at the effective rate
19for each year, compounded annually, from the date of service
20to the date of payment.
21    Subject to the limitation in subsection (i), a State
22policeman may elect, not later than July 1, 1993, to establish
23eligible creditable service for up to 10 years of his service
24as a member of the County Police Department under Article 9, by
25filing a written election with the Board, accompanied by
26payment of an amount to be determined by the Board, equal to

 

 

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1(i) the difference between the amount of employee and employer
2contributions transferred to the System under Section 9-121.10
3and the amounts that would have been contributed had those
4contributions been made at the rates applicable to State
5policemen, plus (ii) interest thereon at the effective rate
6for each year, compounded annually, from the date of service
7to the date of payment.
8    (h) Subject to the limitation in subsection (i), a State
9policeman or investigator for the Secretary of State may elect
10to establish eligible creditable service for up to 12 years of
11his service as a policeman under Article 5, by filing a written
12election with the Board on or before January 31, 1992, and
13paying to the System by January 31, 1994 an amount to be
14determined by the Board, equal to (i) the difference between
15the amount of employee and employer contributions transferred
16to the System under Section 5-236, and the amounts that would
17have been contributed had such contributions been made at the
18rates applicable to State policemen, plus (ii) interest
19thereon at the effective rate for each year, compounded
20annually, from the date of service to the date of payment.
21    Subject to the limitation in subsection (i), a State
22policeman, conservation police officer, or investigator for
23the Secretary of State may elect to establish eligible
24creditable service for up to 10 years of service as a sheriff's
25law enforcement employee under Article 7, by filing a written
26election with the Board on or before January 31, 1993, and

 

 

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1paying to the System by January 31, 1994 an amount to be
2determined by the Board, equal to (i) the difference between
3the amount of employee and employer contributions transferred
4to the System under Section 7-139.7, and the amounts that
5would have been contributed had such contributions been made
6at the rates applicable to State policemen, plus (ii) interest
7thereon at the effective rate for each year, compounded
8annually, from the date of service to the date of payment.
9    Subject to the limitation in subsection (i), a State
10policeman, conservation police officer, or investigator for
11the Secretary of State may elect to establish eligible
12creditable service for up to 5 years of service as a police
13officer under Article 3, a policeman under Article 5, a
14sheriff's law enforcement employee under Article 7, a member
15of the county police department under Article 9, or a police
16officer under Article 15 by filing a written election with the
17Board and paying to the System an amount to be determined by
18the Board, equal to (i) the difference between the amount of
19employee and employer contributions transferred to the System
20under Section 3-110.6, 5-236, 7-139.8, 9-121.10, or 15-134.4
21and the amounts that would have been contributed had such
22contributions been made at the rates applicable to State
23policemen, plus (ii) interest thereon at the effective rate
24for each year, compounded annually, from the date of service
25to the date of payment.
26    Subject to the limitation in subsection (i), an

 

 

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1investigator for the Office of the Attorney General, or an
2investigator for the Department of Revenue, may elect to
3establish eligible creditable service for up to 5 years of
4service as a police officer under Article 3, a policeman under
5Article 5, a sheriff's law enforcement employee under Article
67, or a member of the county police department under Article 9
7by filing a written election with the Board within 6 months
8after August 25, 2009 (the effective date of Public Act
996-745) and paying to the System an amount to be determined by
10the Board, equal to (i) the difference between the amount of
11employee and employer contributions transferred to the System
12under Section 3-110.6, 5-236, 7-139.8, or 9-121.10 and the
13amounts that would have been contributed had such
14contributions been made at the rates applicable to State
15policemen, plus (ii) interest thereon at the actuarially
16assumed rate for each year, compounded annually, from the date
17of service to the date of payment.
18    Subject to the limitation in subsection (i), a State
19policeman, conservation police officer, investigator for the
20Office of the Attorney General, an investigator for the
21Department of Revenue, or investigator for the Secretary of
22State may elect to establish eligible creditable service for
23up to 5 years of service as a person employed by a
24participating municipality to perform police duties, or law
25enforcement officer employed on a full-time basis by a forest
26preserve district under Article 7, a county corrections

 

 

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1officer, or a court services officer under Article 9, by
2filing a written election with the Board within 6 months after
3August 25, 2009 (the effective date of Public Act 96-745) and
4paying to the System an amount to be determined by the Board,
5equal to (i) the difference between the amount of employee and
6employer contributions transferred to the System under
7Sections 7-139.8 and 9-121.10 and the amounts that would have
8been contributed had such contributions been made at the rates
9applicable to State policemen, plus (ii) interest thereon at
10the actuarially assumed rate for each year, compounded
11annually, from the date of service to the date of payment.
12    (i) The total amount of eligible creditable service
13established by any person under subsections (g), (h), (j),
14(k), (l), (l-5), and (o) of this Section shall not exceed 12
15years.
16    (j) Subject to the limitation in subsection (i), an
17investigator for the Office of the State's Attorneys Appellate
18Prosecutor or a controlled substance inspector may elect to
19establish eligible creditable service for up to 10 years of
20his service as a policeman under Article 3 or a sheriff's law
21enforcement employee under Article 7, by filing a written
22election with the Board, accompanied by payment of an amount
23to be determined by the Board, equal to (1) the difference
24between the amount of employee and employer contributions
25transferred to the System under Section 3-110.6 or 7-139.8,
26and the amounts that would have been contributed had such

 

 

HB3655- 483 -LRB102 16922 WGH 22334 b

1contributions been made at the rates applicable to State
2policemen, plus (2) interest thereon at the effective rate for
3each year, compounded annually, from the date of service to
4the date of payment.
5    (k) Subject to the limitation in subsection (i) of this
6Section, an alternative formula employee may elect to
7establish eligible creditable service for periods spent as a
8full-time law enforcement officer or full-time corrections
9officer employed by the federal government or by a state or
10local government located outside of Illinois, for which credit
11is not held in any other public employee pension fund or
12retirement system. To obtain this credit, the applicant must
13file a written application with the Board by March 31, 1998,
14accompanied by evidence of eligibility acceptable to the Board
15and payment of an amount to be determined by the Board, equal
16to (1) employee contributions for the credit being
17established, based upon the applicant's salary on the first
18day as an alternative formula employee after the employment
19for which credit is being established and the rates then
20applicable to alternative formula employees, plus (2) an
21amount determined by the Board to be the employer's normal
22cost of the benefits accrued for the credit being established,
23plus (3) regular interest on the amounts in items (1) and (2)
24from the first day as an alternative formula employee after
25the employment for which credit is being established to the
26date of payment.

 

 

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1    (l) Subject to the limitation in subsection (i), a
2security employee of the Department of Corrections may elect,
3not later than July 1, 1998, to establish eligible creditable
4service for up to 10 years of his or her service as a policeman
5under Article 3, by filing a written election with the Board,
6accompanied by payment of an amount to be determined by the
7Board, equal to (i) the difference between the amount of
8employee and employer contributions transferred to the System
9under Section 3-110.5, and the amounts that would have been
10contributed had such contributions been made at the rates
11applicable to security employees of the Department of
12Corrections, plus (ii) interest thereon at the effective rate
13for each year, compounded annually, from the date of service
14to the date of payment.
15    (l-5) Subject to the limitation in subsection (i) of this
16Section, a State policeman may elect to establish eligible
17creditable service for up to 5 years of service as a full-time
18law enforcement officer employed by the federal government or
19by a state or local government located outside of Illinois for
20which credit is not held in any other public employee pension
21fund or retirement system. To obtain this credit, the
22applicant must file a written application with the Board no
23later than 3 years after the effective date of this amendatory
24Act of the 101st General Assembly, accompanied by evidence of
25eligibility acceptable to the Board and payment of an amount
26to be determined by the Board, equal to (1) employee

 

 

HB3655- 485 -LRB102 16922 WGH 22334 b

1contributions for the credit being established, based upon the
2applicant's salary on the first day as an alternative formula
3employee after the employment for which credit is being
4established and the rates then applicable to alternative
5formula employees, plus (2) an amount determined by the Board
6to be the employer's normal cost of the benefits accrued for
7the credit being established, plus (3) regular interest on the
8amounts in items (1) and (2) from the first day as an
9alternative formula employee after the employment for which
10credit is being established to the date of payment.
11    (m) The amendatory changes to this Section made by this
12amendatory Act of the 94th General Assembly apply only to: (1)
13security employees of the Department of Juvenile Justice
14employed by the Department of Corrections before the effective
15date of this amendatory Act of the 94th General Assembly and
16transferred to the Department of Juvenile Justice by this
17amendatory Act of the 94th General Assembly; and (2) persons
18employed by the Department of Juvenile Justice on or after the
19effective date of this amendatory Act of the 94th General
20Assembly who are required by subsection (b) of Section
213-2.5-15 of the Unified Code of Corrections to have any
22bachelor's or advanced degree from an accredited college or
23university or, in the case of persons who provide vocational
24training, who are required to have adequate knowledge in the
25skill for which they are providing the vocational training.
26    (n) A person employed in a position under subsection (b)

 

 

HB3655- 486 -LRB102 16922 WGH 22334 b

1of this Section who has purchased service credit under
2subsection (j) of Section 14-104 or subsection (b) of Section
314-105 in any other capacity under this Article may convert up
4to 5 years of that service credit into service credit covered
5under this Section by paying to the Fund an amount equal to (1)
6the additional employee contribution required under Section
714-133, plus (2) the additional employer contribution required
8under Section 14-131, plus (3) interest on items (1) and (2) at
9the actuarially assumed rate from the date of the service to
10the date of payment.
11    (o) Subject to the limitation in subsection (i), a
12conservation police officer, investigator for the Secretary of
13State, Commerce Commission police officer, investigator for
14the Department of Revenue or the Illinois Gaming Board, or
15arson investigator subject to subsection (g) of Section 1-160
16may elect to convert up to 8 years of service credit
17established before the effective date of this amendatory Act
18of the 101st General Assembly as a conservation police
19officer, investigator for the Secretary of State, Commerce
20Commission police officer, investigator for the Department of
21Revenue or the Illinois Gaming Board, or arson investigator
22under this Article into eligible creditable service by filing
23a written election with the Board no later than one year after
24the effective date of this amendatory Act of the 101st General
25Assembly, accompanied by payment of an amount to be determined
26by the Board equal to (i) the difference between the amount of

 

 

HB3655- 487 -LRB102 16922 WGH 22334 b

1the employee contributions actually paid for that service and
2the amount of the employee contributions that would have been
3paid had the employee contributions been made as a noncovered
4employee serving in a position in which eligible creditable
5service, as defined in this Section, may be earned, plus (ii)
6interest thereon at the effective rate for each year,
7compounded annually, from the date of service to the date of
8payment.
9(Source: P.A. 100-19, eff. 1-1-18; 100-611, eff. 7-20-18;
10101-610, eff. 1-1-20.)
 
11    (40 ILCS 5/14-123.1)  (from Ch. 108 1/2, par. 14-123.1)
12    Sec. 14-123.1. Temporary disability benefit.
13    (a) A member who has at least 18 months of creditable
14service and who becomes physically or mentally incapacitated
15to perform the duties of his position shall receive a
16temporary disability benefit, provided that:
17        (1) the agency responsible for determining the
18    liability of the State (i) has formally denied all
19    employer-paid temporary total disability benefits under
20    the Workers' Compensation Act or the Workers' Occupational
21    Diseases Act and an appeal of that denial is pending
22    before the Illinois Workers' Compensation Commission, or
23    (ii) has granted and then terminated for any reason an
24    employer-paid temporary total disability benefit and the
25    member has filed a petition for a hearing under Section

 

 

HB3655- 488 -LRB102 16922 WGH 22334 b

1    19(b) or Section 19(b-1) of the Workers' Compensation Act
2    or Section 19(b) or Section 19(b-1) of the Workers'
3    Occupational Diseases Act;
4        (2) application is made after the date that the
5    disability results in loss of pay, and after the date the
6    agency responsible for determining the liability of the
7    State under the Workers' Compensation Act or Workers'
8    Occupational Diseases Act has formally denied or
9    terminated the employer-paid temporary total disability
10    benefit; and
11        (3) proper proof is received from one or more licensed
12    health care professionals designated by the Board
13    certifying that the member is mentally or physically
14    incapacitated.
15    (b) In the case of a denial of benefits, the temporary
16disability benefit shall begin to accrue on the 31st day of
17absence from work on account of disability, but the benefit
18shall not become actually payable to the member until the
19expiration of 31 days from the day upon which the member last
20received or had a right to receive any compensation.
21    In the case of termination of an employer-paid temporary
22total disability benefit, the temporary disability benefit
23under this Section shall be calculated from the day following
24the date of termination of the employer-paid benefit or the
2531st day of absence from work on account of disability,
26whichever is later, but shall not become payable to the member

 

 

HB3655- 489 -LRB102 16922 WGH 22334 b

1until (i) the member's right to an employer-paid temporary
2total disability benefit is denied as a result of the hearing
3held under Section 19(b) or Section 19(b-1) of the Workers'
4Compensation Act or Section 19(b) or Section 19(b-1) of the
5Workers' Occupational Diseases Act or (ii) the expiration of
630 days from the date of termination of the employer-paid
7benefit, whichever occurs first. If a terminated employer-paid
8temporary total disability benefit is resumed or replaced with
9another employer-paid disability benefit and the resumed or
10replacement benefit is later terminated and the member again
11files a petition for a hearing under Section 19(b) or Section
1219(b-1) of the Workers' Compensation Act or Section 19(b) or
13Section 19(b-1) of the Workers' Occupational Diseases Act, the
14member may again become eligible to receive a temporary
15disability benefit under this Section. The waiting period
16before the temporary disability benefit under this Section
17becomes payable applies each time that the benefit is
18reinstated.
19    The benefit shall continue to accrue until the first of
20the following events occurs:
21        (1) the disability ceases;
22        (2) the member engages in gainful employment;
23        (3) the end of the month in which the member attains
24    age 65, in the case of benefits commencing prior to
25    attainment of age 60;
26        (4) the end of the month following the fifth

 

 

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1    anniversary of the effective date of the benefit in the
2    case of benefits commencing on or after attainment of age
3    60;
4        (5) the end of the month in which the death of the
5    member occurs;
6        (6) the end of the month in which the aggregate period
7    for which temporary disability payments have been made
8    becomes equal to 1/2 of the member's total period of
9    creditable service, not including the time for which he
10    has received a temporary disability benefit or
11    nonoccupational disability benefit; for purposes of this
12    item (6) only, in the case of a member to whom Section
13    14-108.2a or 14-108.2b applies and who, at the time
14    disability commences, is performing services for the
15    Illinois Department of Public Health or the Illinois
16    Department of State Police relating to the transferred
17    functions referred to in that Section and has less than 10
18    years of creditable service under this Article, the
19    member's "total period of creditable service" shall be
20    augmented by an amount equal to (i) one half of the
21    member's period of creditable service in the Fund
22    established under Article 8 (excluding any creditable
23    service over 20 years), minus (ii) the amount of the
24    member's creditable service under this Article;
25        (7) a payment is made on the member's claim pursuant
26    to a determination made by the agency responsible for

 

 

HB3655- 491 -LRB102 16922 WGH 22334 b

1    determining the liability of the State under the Workers'
2    Compensation Act or the Workers' Occupational Diseases
3    Act;
4        (8) a final determination is made on the member's
5    claim by the Illinois Workers' Compensation Commission.
6    (c) The temporary disability benefit shall be 50% of the
7member's final average compensation at the date of disability.
8    If a covered employee is eligible under the Social
9Security Act for a disability benefit before attaining the
10Social Security full retirement age, or a retirement benefit
11on or after attaining the Social Security full retirement age,
12then the amount of the member's temporary disability benefit
13shall be reduced by the amount of primary benefit the member is
14eligible to receive under the Social Security Act, whether or
15not such eligibility came about as the result of service as a
16covered employee under this Article. The Board may make such
17reduction pending a determination of eligibility if it appears
18that the employee may be so eligible, and shall make an
19appropriate adjustment if necessary after such determination
20has been made. The amount of temporary disability benefit
21payable under this Article shall not be reduced by reason of
22any increase in benefits payable under the Social Security Act
23which occurs after the reduction required by this paragraph
24has been applied. As used in this subsection, "Social Security
25full retirement age" means the age at which an individual is
26eligible to receive full Social Security retirement benefits.

 

 

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1    (d) The temporary disability benefit provided under this
2Section is intended as a temporary payment of occupational or
3nonoccupational disability benefit, whichever is appropriate,
4in cases in which the occupational or nonoccupational
5character of the disability has not been finally determined.
6    When an employer-paid disability benefit is paid or
7resumed, the Board shall calculate the benefit that is payable
8under Section 14-123 and shall deduct from the benefit payable
9under Section 14-123 the amounts already paid under this
10Section; those amounts shall then be treated as if they had
11been paid under Section 14-123.
12    When a final determination of the character of the
13disability has been made by the Illinois Workers' Compensation
14Commission, or by settlement between the parties to the
15disputed claim, the Board shall calculate the benefit that is
16payable under Section 14-123 or 14-124, whichever is
17applicable, and shall deduct from such benefit the amounts
18already paid under this Section; such amounts shall then be
19treated as if they had been paid under such Section 14-123 or
2014-124.
21    (e) Any excess benefits paid under this Section shall be
22subject to recovery by the System from benefits payable under
23the Workers' Compensation Act or the Workers' Occupational
24Diseases Act or from third parties as provided in Section
2514-129, or from any other benefits payable either to the
26member or on his behalf under this Article. A member who

 

 

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1accepts benefits under this Section acknowledges and
2authorizes these recovery rights of the System.
3    (f) Service credits under the State Universities
4Retirement System and the Teachers' Retirement System of the
5State of Illinois shall be considered for the purposes of
6determining temporary disability benefit eligibility under
7this Section, and for determining the total period of time for
8which such benefits are payable.
9    (g) The Board shall prescribe rules and regulations
10governing the filing of claims for temporary disability
11benefits, and the investigation, control and supervision of
12such claims.
13    (h) References in this Section to employer-paid benefits
14include benefits paid for by the State, either directly or
15through a program of insurance or self-insurance, whether paid
16through the member's own department or through some other
17department or entity; but the term does not include benefits
18paid by the System under this Article.
19(Source: P.A. 101-54, eff. 7-12-19.)
 
20    (40 ILCS 5/14-124)  (from Ch. 108 1/2, par. 14-124)
21    Sec. 14-124. Nonoccupational disability benefit. A member
22with at least 1 1/2 years of creditable service may be granted
23a nonoccupational disability benefit, if:
24        (1) application for the benefit is made to the system
25    by the member in writing after the commencement of

 

 

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1    disability;
2        (2) the member is found upon medical examination to be
3    mentally or physically incapacitated to perform the duties
4    of the member's position;
5        (3) the disability resulted from a cause other than an
6    injury or illness sustained in connection with the
7    member's performance of duty as a State employee;
8        (4) the member has been granted a leave of absence for
9    disability at the time of commencement of disability.
10    Renewal of a disability leave of absence shall not be
11    required for the continued payment of benefits; and
12        (5) the member has used all accumulated sick leave
13    available at the beginning of the leave of absence for
14    disability.
15    The benefit shall begin to accrue on the latest of (i) the
1631st day of absence from work on account of disability
17(including any periods of such absence for which sick pay was
18received); or (ii) the day following the day on which the
19member last receives or has a right to receive any
20compensation as an employee, including any sick pay. The
21benefit shall continue to accrue until the first of the
22following to occur:
23        (a) the date on which disability ceases;
24        (b) the end of the month in which the member attains
25    age 65 in the case of benefits commencing prior to
26    attainment of age 60;

 

 

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1        (c) the end of the month following the fifth
2    anniversary of the effective date of the benefit, or of
3    the temporary disability benefit if one was received, in
4    the case of benefits commencing on or after attainment of
5    age 60;
6        (d) the end of the month in which the aggregate period
7    for which non-occupational disability and temporary
8    disability benefit payments have been made becomes equal
9    to 1/2 of the member's total period of creditable service,
10    not including the time during which he has received a
11    temporary disability benefit or nonoccupational disability
12    benefit; for purposes of this item (d) only, in the case of
13    a member to whom Section 14-108.2a or 14-108.2b applies
14    and who, at the time disability commences, is performing
15    services for the Illinois Department of Public Health or
16    the Illinois Department of State Police relating to the
17    transferred functions referred to in that Section and has
18    less than 10 years of creditable service under this
19    Article, the member's "total period of creditable service"
20    shall be augmented by an amount equal to (i) one half of
21    the member's period of creditable service in the Fund
22    established under Article 8 (excluding any creditable
23    service over 20 years), minus (ii) the amount of the
24    member's creditable service under this Article;
25        (e) the date on which the member engages in gainful
26    employment;

 

 

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1        (f) the end of the month in which the death of the
2    member occurs.
3    If disability has ceased and the member again becomes
4disabled within 60 days from date of resumption of State
5employment, and if the disability is due to the same cause for
6which he received nonoccupational disability benefit
7immediately preceding such reentry into service, the 30 days
8waiting period prescribed for the receipt of benefits is
9waived as to such new period of disability.
10    A member shall be considered disabled only when the board
11has received:
12        (a) a written certificate by one or more licensed
13    health care professionals designated by the board,
14    certifying that the member is disabled and unable properly
15    to perform the duties of his position at the time of
16    disability; and
17        (b) the employee certifies that he is not and has not
18    been engaged in gainful employment.
19    The board shall prescribe rules and regulations governing
20the filing of claims for nonoccupational disability benefits,
21and the investigation, control and supervision of such claims.
22    Service credits under the State Universities Retirement
23System and the Teachers' Retirement System of the State of
24Illinois shall be considered for the purposes of
25nonoccupational disability benefit eligibility under this
26Article and for the total period of time for which such

 

 

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1benefits are payable.
2(Source: P.A. 101-54, eff. 7-12-19.)
 
3    Section 385. The State Pension Funds Continuing
4Appropriation Act is amended by changing Section 1.2 as
5follows:
 
6    (40 ILCS 15/1.2)
7    Sec. 1.2. Appropriations for the State Employees'
8Retirement System.
9    (a) From each fund from which an amount is appropriated
10for personal services to a department or other employer under
11Article 14 of the Illinois Pension Code, there is hereby
12appropriated to that department or other employer, on a
13continuing annual basis for each State fiscal year, an
14additional amount equal to the amount, if any, by which (1) an
15amount equal to the percentage of the personal services line
16item for that department or employer from that fund for that
17fiscal year that the Board of Trustees of the State Employees'
18Retirement System of Illinois has certified under Section
1914-135.08 of the Illinois Pension Code to be necessary to meet
20the State's obligation under Section 14-131 of the Illinois
21Pension Code for that fiscal year, exceeds (2) the amounts
22otherwise appropriated to that department or employer from
23that fund for State contributions to the State Employees'
24Retirement System for that fiscal year.

 

 

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1    (a-1) (Blank).
2    (a-2) (Blank).
3    (a-3) (Blank).
4    (a-4) If a Prior Fiscal Year Shortfall is certified under
5subsection (k) of Section 14-131 of the Illinois Pension Code,
6there is hereby appropriated to the State Employees'
7Retirement System of Illinois on a continuing basis from the
8General Revenue Fund an additional aggregate amount equal to
9the Prior Fiscal Year Shortfall.
10    (b) The continuing appropriations provided for by this
11Section shall first be available in State fiscal year 1996.
12    (c) Beginning in Fiscal Year 2005, any continuing
13appropriation under this Section arising out of an
14appropriation for personal services from the Road Fund to the
15Illinois Department of State Police or the Secretary of State
16shall be payable from the General Revenue Fund rather than the
17Road Fund.
18    (d) (Blank).
19    (e) (Blank).
20    (f) (Blank).
21(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18;
22101-10, eff. 6-5-19.)
 
23    Section 390. The Illinois Police Training Act is amended
24by changing Sections 3, 6.1, 9, 10.10, 10.19, and 10.21 as
25follows:
 

 

 

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1    (50 ILCS 705/3)  (from Ch. 85, par. 503)
2    Sec. 3. Board - composition - appointments - tenure -
3vacancies. The Board shall be composed of 18 members selected
4as follows: The Attorney General of the State of Illinois, the
5Director of the Illinois State Police, the Director of
6Corrections, the Superintendent of the Chicago Police
7Department, the Sheriff of Cook County, the Clerk of the
8Circuit Court of Cook County, and the following to be
9appointed by the Governor: 2 mayors or village presidents of
10Illinois municipalities, 2 Illinois county sheriffs from
11counties other than Cook County, 2 managers of Illinois
12municipalities, 2 chiefs of municipal police departments in
13Illinois having no Superintendent of the Police Department on
14the Board, 2 citizens of Illinois who shall be members of an
15organized enforcement officers' association, one active member
16of a statewide association representing sheriffs, and one
17active member of a statewide association representing
18municipal police chiefs. The appointments of the Governor
19shall be made on the first Monday of August in 1965 with 3 of
20the appointments to be for a period of one year, 3 for 2 years,
21and 3 for 3 years. Their successors shall be appointed in like
22manner for terms to expire the first Monday of August each 3
23years thereafter. All members shall serve until their
24respective successors are appointed and qualify. Vacancies
25shall be filled by the Governor for the unexpired terms.

 

 

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1(Source: P.A. 99-651, eff. 7-28-16; 100-995, eff. 8-20-18.)
 
2    (50 ILCS 705/6.1)
3    Sec. 6.1. Decertification of full-time and part-time
4police officers.
5    (a) The Board must review police officer conduct and
6records to ensure that no police officer is certified or
7provided a valid waiver if that police officer has been
8convicted of, or entered a plea of guilty to, a felony offense
9under the laws of this State or any other state which if
10committed in this State would be punishable as a felony. The
11Board must also ensure that no police officer is certified or
12provided a valid waiver if that police officer has been
13convicted of, or entered a plea of guilty to, on or after the
14effective date of this amendatory Act of 1999 of any
15misdemeanor specified in this Section or if committed in any
16other state would be an offense similar to Section 11-1.50,
1711-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1,
1817-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the
19Criminal Code of 1961 or the Criminal Code of 2012, to
20subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the
21Criminal Code of 1961 or the Criminal Code of 2012, or
22subsection (a) of Section 17-32 of the Criminal Code of 1961 or
23the Criminal Code of 2012, or to Section 5 or 5.2 of the
24Cannabis Control Act. The Board must appoint investigators to
25enforce the duties conferred upon the Board by this Act.

 

 

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1    (b) It is the responsibility of the sheriff or the chief
2executive officer of every local law enforcement agency or
3department within this State to report to the Board any
4arrest, conviction, or plea of guilty of any officer for an
5offense identified in this Section.
6    (c) It is the duty and responsibility of every full-time
7and part-time police officer in this State to report to the
8Board within 30 days, and the officer's sheriff or chief
9executive officer, of his or her arrest, conviction, or plea
10of guilty for an offense identified in this Section. Any
11full-time or part-time police officer who knowingly makes,
12submits, causes to be submitted, or files a false or
13untruthful report to the Board must have his or her
14certificate or waiver immediately decertified or revoked.
15    (d) Any person, or a local or State agency, or the Board is
16immune from liability for submitting, disclosing, or releasing
17information of arrests, convictions, or pleas of guilty in
18this Section as long as the information is submitted,
19disclosed, or released in good faith and without malice. The
20Board has qualified immunity for the release of the
21information.
22    (e) Any full-time or part-time police officer with a
23certificate or waiver issued by the Board who is convicted of,
24or entered a plea of guilty to, any offense described in this
25Section immediately becomes decertified or no longer has a
26valid waiver. The decertification and invalidity of waivers

 

 

HB3655- 502 -LRB102 16922 WGH 22334 b

1occurs as a matter of law. Failure of a convicted person to
2report to the Board his or her conviction as described in this
3Section or any continued law enforcement practice after
4receiving a conviction is a Class 4 felony.
5    (f) The Board's investigators are peace officers and have
6all the powers possessed by policemen in cities and by
7sheriff's, and these investigators may exercise those powers
8anywhere in the State. An investigator shall not have peace
9officer status or exercise police powers unless he or she
10successfully completes the basic police training course
11mandated and approved by the Board or the Board waives the
12training requirement by reason of the investigator's prior law
13enforcement experience, training, or both. The Board shall not
14waive the training requirement unless the investigator has had
15a minimum of 5 years experience as a sworn officer of a local,
16State, or federal law enforcement agency.
17    (g) The Board must request and receive information and
18assistance from any federal, state, or local governmental
19agency as part of the authorized criminal background
20investigation. The Illinois Department of State Police must
21process, retain, and additionally provide and disseminate
22information to the Board concerning criminal charges, arrests,
23convictions, and their disposition, that have been filed
24before, on, or after the effective date of this amendatory Act
25of the 91st General Assembly against a basic academy
26applicant, law enforcement applicant, or law enforcement

 

 

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1officer whose fingerprint identification cards are on file or
2maintained by the Illinois Department of State Police. The
3Federal Bureau of Investigation must provide the Board any
4criminal history record information contained in its files
5pertaining to law enforcement officers or any applicant to a
6Board certified basic law enforcement academy as described in
7this Act based on fingerprint identification. The Board must
8make payment of fees to the Illinois Department of State
9Police for each fingerprint card submission in conformance
10with the requirements of paragraph 22 of Section 55a of the
11Civil Administrative Code of Illinois.
12    (h) A police officer who has been certified or granted a
13valid waiver shall also be decertified or have his or her
14waiver revoked upon a determination by the Illinois Labor
15Relations Board State Panel that he or she, while under oath,
16has knowingly and willfully made false statements as to a
17material fact going to an element of the offense of murder. If
18an appeal is filed, the determination shall be stayed.
19        (1) In the case of an acquittal on a charge of murder,
20    a verified complaint may be filed:
21            (A) by the defendant; or
22            (B) by a police officer with personal knowledge of
23        perjured testimony.
24        The complaint must allege that a police officer, while
25    under oath, knowingly and willfully made false statements
26    as to a material fact going to an element of the offense of

 

 

HB3655- 504 -LRB102 16922 WGH 22334 b

1    murder. The verified complaint must be filed with the
2    Executive Director of the Illinois Law Enforcement
3    Training Standards Board within 2 years of the judgment of
4    acquittal.
5        (2) Within 30 days, the Executive Director of the
6    Illinois Law Enforcement Training Standards Board shall
7    review the verified complaint and determine whether the
8    verified complaint is frivolous and without merit, or
9    whether further investigation is warranted. The Illinois
10    Law Enforcement Training Standards Board shall notify the
11    officer and the Executive Director of the Illinois Labor
12    Relations Board State Panel of the filing of the complaint
13    and any action taken thereon. If the Executive Director of
14    the Illinois Law Enforcement Training Standards Board
15    determines that the verified complaint is frivolous and
16    without merit, it shall be dismissed. The Executive
17    Director of the Illinois Law Enforcement Training
18    Standards Board has sole discretion to make this
19    determination and this decision is not subject to appeal.
20    (i) If the Executive Director of the Illinois Law
21Enforcement Training Standards Board determines that the
22verified complaint warrants further investigation, he or she
23shall refer the matter to a task force of investigators
24created for this purpose. This task force shall consist of 8
25sworn police officers: 2 from the Illinois State Police, 2
26from the City of Chicago Police Department, 2 from county

 

 

HB3655- 505 -LRB102 16922 WGH 22334 b

1police departments, and 2 from municipal police departments.
2These investigators shall have a minimum of 5 years of
3experience in conducting criminal investigations. The
4investigators shall be appointed by the Executive Director of
5the Illinois Law Enforcement Training Standards Board. Any
6officer or officers acting in this capacity pursuant to this
7statutory provision will have statewide police authority while
8acting in this investigative capacity. Their salaries and
9expenses for the time spent conducting investigations under
10this paragraph shall be reimbursed by the Illinois Law
11Enforcement Training Standards Board.
12    (j) Once the Executive Director of the Illinois Law
13Enforcement Training Standards Board has determined that an
14investigation is warranted, the verified complaint shall be
15assigned to an investigator or investigators. The investigator
16or investigators shall conduct an investigation of the
17verified complaint and shall write a report of his or her
18findings. This report shall be submitted to the Executive
19Director of the Illinois Labor Relations Board State Panel.
20    Within 30 days, the Executive Director of the Illinois
21Labor Relations Board State Panel shall review the
22investigative report and determine whether sufficient evidence
23exists to conduct an evidentiary hearing on the verified
24complaint. If the Executive Director of the Illinois Labor
25Relations Board State Panel determines upon his or her review
26of the investigatory report that a hearing should not be

 

 

HB3655- 506 -LRB102 16922 WGH 22334 b

1conducted, the complaint shall be dismissed. This decision is
2in the Executive Director's sole discretion, and this
3dismissal may not be appealed.
4    If the Executive Director of the Illinois Labor Relations
5Board State Panel determines that there is sufficient evidence
6to warrant a hearing, a hearing shall be ordered on the
7verified complaint, to be conducted by an administrative law
8judge employed by the Illinois Labor Relations Board State
9Panel. The Executive Director of the Illinois Labor Relations
10Board State Panel shall inform the Executive Director of the
11Illinois Law Enforcement Training Standards Board and the
12person who filed the complaint of either the dismissal of the
13complaint or the issuance of the complaint for hearing. The
14Executive Director shall assign the complaint to the
15administrative law judge within 30 days of the decision
16granting a hearing.
17    (k) In the case of a finding of guilt on the offense of
18murder, if a new trial is granted on direct appeal, or a state
19post-conviction evidentiary hearing is ordered, based on a
20claim that a police officer, under oath, knowingly and
21willfully made false statements as to a material fact going to
22an element of the offense of murder, the Illinois Labor
23Relations Board State Panel shall hold a hearing to determine
24whether the officer should be decertified if an interested
25party requests such a hearing within 2 years of the court's
26decision. The complaint shall be assigned to an administrative

 

 

HB3655- 507 -LRB102 16922 WGH 22334 b

1law judge within 30 days so that a hearing can be scheduled.
2    At the hearing, the accused officer shall be afforded the
3opportunity to:
4        (1) Be represented by counsel of his or her own
5    choosing;
6        (2) Be heard in his or her own defense;
7        (3) Produce evidence in his or her defense;
8        (4) Request that the Illinois Labor Relations Board
9    State Panel compel the attendance of witnesses and
10    production of related documents including but not limited
11    to court documents and records.
12    Once a case has been set for hearing, the verified
13complaint shall be referred to the Department of Professional
14Regulation. That office shall prosecute the verified complaint
15at the hearing before the administrative law judge. The
16Department of Professional Regulation shall have the
17opportunity to produce evidence to support the verified
18complaint and to request the Illinois Labor Relations Board
19State Panel to compel the attendance of witnesses and the
20production of related documents, including, but not limited
21to, court documents and records. The Illinois Labor Relations
22Board State Panel shall have the power to issue subpoenas
23requiring the attendance of and testimony of witnesses and the
24production of related documents including, but not limited to,
25court documents and records and shall have the power to
26administer oaths.

 

 

HB3655- 508 -LRB102 16922 WGH 22334 b

1    The administrative law judge shall have the responsibility
2of receiving into evidence relevant testimony and documents,
3including court records, to support or disprove the
4allegations made by the person filing the verified complaint
5and, at the close of the case, hear arguments. If the
6administrative law judge finds that there is not clear and
7convincing evidence to support the verified complaint that the
8police officer has, while under oath, knowingly and willfully
9made false statements as to a material fact going to an element
10of the offense of murder, the administrative law judge shall
11make a written recommendation of dismissal to the Illinois
12Labor Relations Board State Panel. If the administrative law
13judge finds that there is clear and convincing evidence that
14the police officer has, while under oath, knowingly and
15willfully made false statements as to a material fact that
16goes to an element of the offense of murder, the
17administrative law judge shall make a written recommendation
18so concluding to the Illinois Labor Relations Board State
19Panel. The hearings shall be transcribed. The Executive
20Director of the Illinois Law Enforcement Training Standards
21Board shall be informed of the administrative law judge's
22recommended findings and decision and the Illinois Labor
23Relations Board State Panel's subsequent review of the
24recommendation.
25    (l) An officer named in any complaint filed pursuant to
26this Act shall be indemnified for his or her reasonable

 

 

HB3655- 509 -LRB102 16922 WGH 22334 b

1attorney's fees and costs by his or her employer. These fees
2shall be paid in a regular and timely manner. The State, upon
3application by the public employer, shall reimburse the public
4employer for the accused officer's reasonable attorney's fees
5and costs. At no time and under no circumstances will the
6accused officer be required to pay his or her own reasonable
7attorney's fees or costs.
8    (m) The accused officer shall not be placed on unpaid
9status because of the filing or processing of the verified
10complaint until there is a final non-appealable order
11sustaining his or her guilt and his or her certification is
12revoked. Nothing in this Act, however, restricts the public
13employer from pursuing discipline against the officer in the
14normal course and under procedures then in place.
15    (n) The Illinois Labor Relations Board State Panel shall
16review the administrative law judge's recommended decision and
17order and determine by a majority vote whether or not there was
18clear and convincing evidence that the accused officer, while
19under oath, knowingly and willfully made false statements as
20to a material fact going to the offense of murder. Within 30
21days of service of the administrative law judge's recommended
22decision and order, the parties may file exceptions to the
23recommended decision and order and briefs in support of their
24exceptions with the Illinois Labor Relations Board State
25Panel. The parties may file responses to the exceptions and
26briefs in support of the responses no later than 15 days after

 

 

HB3655- 510 -LRB102 16922 WGH 22334 b

1the service of the exceptions. If exceptions are filed by any
2of the parties, the Illinois Labor Relations Board State Panel
3shall review the matter and make a finding to uphold, vacate,
4or modify the recommended decision and order. If the Illinois
5Labor Relations Board State Panel concludes that there is
6clear and convincing evidence that the accused officer, while
7under oath, knowingly and willfully made false statements as
8to a material fact going to an element of the offense murder,
9the Illinois Labor Relations Board State Panel shall inform
10the Illinois Law Enforcement Training Standards Board and the
11Illinois Law Enforcement Training Standards Board shall revoke
12the accused officer's certification. If the accused officer
13appeals that determination to the Appellate Court, as provided
14by this Act, he or she may petition the Appellate Court to stay
15the revocation of his or her certification pending the court's
16review of the matter.
17    (o) None of the Illinois Labor Relations Board State
18Panel's findings or determinations shall set any precedent in
19any of its decisions decided pursuant to the Illinois Public
20Labor Relations Act by the Illinois Labor Relations Board
21State Panel or the courts.
22    (p) A party aggrieved by the final order of the Illinois
23Labor Relations Board State Panel may apply for and obtain
24judicial review of an order of the Illinois Labor Relations
25Board State Panel, in accordance with the provisions of the
26Administrative Review Law, except that such judicial review

 

 

HB3655- 511 -LRB102 16922 WGH 22334 b

1shall be afforded directly in the Appellate Court for the
2district in which the accused officer resides. Any direct
3appeal to the Appellate Court shall be filed within 35 days
4from the date that a copy of the decision sought to be reviewed
5was served upon the party affected by the decision.
6    (q) Interested parties. Only interested parties to the
7criminal prosecution in which the police officer allegedly,
8while under oath, knowingly and willfully made false
9statements as to a material fact going to an element of the
10offense of murder may file a verified complaint pursuant to
11this Section. For purposes of this Section, "interested
12parties" shall be limited to the defendant and any police
13officer who has personal knowledge that the police officer who
14is the subject of the complaint has, while under oath,
15knowingly and willfully made false statements as to a material
16fact going to an element of the offense of murder.
17    (r) Semi-annual reports. The Executive Director of the
18Illinois Labor Relations Board shall submit semi-annual
19reports to the Governor, President, and Minority Leader of the
20Senate, and to the Speaker and Minority Leader of the House of
21Representatives beginning on June 30, 2004, indicating:
22        (1) the number of verified complaints received since
23    the date of the last report;
24        (2) the number of investigations initiated since the
25    date of the last report;
26        (3) the number of investigations concluded since the

 

 

HB3655- 512 -LRB102 16922 WGH 22334 b

1    date of the last report;
2        (4) the number of investigations pending as of the
3    reporting date;
4        (5) the number of hearings held since the date of the
5    last report; and
6        (6) the number of officers decertified since the date
7    of the last report.
8(Source: P.A. 101-187, eff. 1-1-20.)
 
9    (50 ILCS 705/9)  (from Ch. 85, par. 509)
10    Sec. 9. A special fund is hereby established in the State
11Treasury to be known as the Traffic and Criminal Conviction
12Surcharge Fund. Moneys in this Fund shall be expended as
13follows:
14        (1) a portion of the total amount deposited in the
15    Fund may be used, as appropriated by the General Assembly,
16    for the ordinary and contingent expenses of the Illinois
17    Law Enforcement Training Standards Board;
18        (2) a portion of the total amount deposited in the
19    Fund shall be appropriated for the reimbursement of local
20    governmental agencies participating in training programs
21    certified by the Board, in an amount equaling 1/2 of the
22    total sum paid by such agencies during the State's
23    previous fiscal year for mandated training for
24    probationary police officers or probationary county
25    corrections officers and for optional advanced and

 

 

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1    specialized law enforcement or county corrections
2    training; these reimbursements may include the costs for
3    tuition at training schools, the salaries of trainees
4    while in schools, and the necessary travel and room and
5    board expenses for each trainee; if the appropriations
6    under this paragraph (2) are not sufficient to fully
7    reimburse the participating local governmental agencies,
8    the available funds shall be apportioned among such
9    agencies, with priority first given to repayment of the
10    costs of mandatory training given to law enforcement
11    officer or county corrections officer recruits, then to
12    repayment of costs of advanced or specialized training for
13    permanent police officers or permanent county corrections
14    officers;
15        (3) a portion of the total amount deposited in the
16    Fund may be used to fund the Intergovernmental Law
17    Enforcement Officer's In-Service Training Act, veto
18    overridden October 29, 1981, as now or hereafter amended,
19    at a rate and method to be determined by the board;
20        (4) a portion of the Fund also may be used by the
21    Illinois Department of State Police for expenses incurred
22    in the training of employees from any State, county or
23    municipal agency whose function includes enforcement of
24    criminal or traffic law;
25        (5) a portion of the Fund may be used by the Board to
26    fund grant-in-aid programs and services for the training

 

 

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1    of employees from any county or municipal agency whose
2    functions include corrections or the enforcement of
3    criminal or traffic law;
4        (6) for fiscal years 2013 through 2017 only, a portion
5    of the Fund also may be used by the Department of State
6    Police to finance any of its lawful purposes or functions;
7        (7) a portion of the Fund may be used by the Board,
8    subject to appropriation, to administer grants to local
9    law enforcement agencies for the purpose of purchasing
10    bulletproof vests under the Law Enforcement Officer
11    Bulletproof Vest Act; and
12        (8) a portion of the Fund may be used by the Board to
13    create a law enforcement grant program available for units
14    of local government to fund crime prevention programs,
15    training, and interdiction efforts, including enforcement
16    and prevention efforts, relating to the illegal cannabis
17    market and driving under the influence of cannabis.
18    All payments from the Traffic and Criminal Conviction
19Surcharge Fund shall be made each year from moneys
20appropriated for the purposes specified in this Section. No
21more than 50% of any appropriation under this Act shall be
22spent in any city having a population of more than 500,000. The
23State Comptroller and the State Treasurer shall from time to
24time, at the direction of the Governor, transfer from the
25Traffic and Criminal Conviction Surcharge Fund to the General
26Revenue Fund in the State Treasury such amounts as the

 

 

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1Governor determines are in excess of the amounts required to
2meet the obligations of the Traffic and Criminal Conviction
3Surcharge Fund.
4(Source: P.A. 100-987, eff. 7-1-19; 101-27, eff. 6-25-19.)
 
5    (50 ILCS 705/10.10)
6    Sec. 10.10. Training in child abduction and missing
7endangered senior alert system.
8    (a) The Board shall conduct training programs for law
9enforcement personnel of local governmental agencies in the
10statewide coordinated child abduction alert system developed
11under Section 2605-480 of the Illinois Department of State
12Police Law of the Civil Administrative Code of Illinois and
13the statewide coordinated missing endangered senior alert
14system developed under Section 2605-375 of the Illinois
15Department of State Police Law of the Civil Administrative
16Code of Illinois.
17    (b) The Board shall conduct a training program for law
18enforcement personnel of local governmental agencies in the
19statewide Alzheimer's disease, other related dementia, or
20other dementia-like cognitive impairment coordinated Silver
21Search Awareness Program and toolkit developed under Section
222605-485 of the Illinois Department of State Police Law of the
23Civil Administrative Code of Illinois. The Board shall adopt
24written protocols and guidelines for the handling of missing
25persons cases involving Alzheimer's disease, other related

 

 

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1dementia, or other dementia-like cognitive impairment based
2upon protocols developed by the Silver Search Task Force in
3conjunction with the Illinois Department of State Police on or
4before July 1, 2016.
5(Source: P.A. 99-322, eff. 1-1-16.)
 
6    (50 ILCS 705/10.19)
7    Sec. 10.19. Training; administration of epinephrine.
8    (a) This Section, along with Section 40 of the Illinois
9State Police Act, may be referred to as the Annie LeGere Law.
10    (b) For purposes of this Section, "epinephrine
11auto-injector" means a single-use device used for the
12automatic injection of a pre-measured dose of epinephrine into
13the human body prescribed in the name of a local governmental
14agency.
15    (c) The Board shall conduct or approve an optional
16advanced training program for police officers to recognize and
17respond to anaphylaxis, including the administration of an
18epinephrine auto-injector. The training must include, but is
19not limited to:
20        (1) how to recognize symptoms of an allergic reaction;
21        (2) how to respond to an emergency involving an
22    allergic reaction;
23        (3) how to administer an epinephrine auto-injector;
24        (4) how to respond to an individual with a known
25    allergy as well as an individual with a previously unknown

 

 

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1    allergy;
2        (5) a test demonstrating competency of the knowledge
3    required to recognize anaphylaxis and administer an
4    epinephrine auto-injector; and
5        (6) other criteria as determined in rules adopted by
6    the Board.
7    (d) A local governmental agency may authorize a police
8officer who has completed an optional advanced training
9program under subsection (c) to carry, administer, or assist
10with the administration of epinephrine auto-injectors provided
11by the local governmental agency whenever he or she is
12performing official duties.
13    (e) A local governmental agency that authorizes its
14officers to carry and administer epinephrine auto-injectors
15under subsection (d) must establish a policy to control the
16acquisition, storage, transportation, administration, and
17disposal of epinephrine auto-injectors and to provide
18continued training in the administration of epinephrine
19auto-injectors.
20    (f) A physician, physician's assistant with prescriptive
21authority, or advanced practice registered nurse with
22prescriptive authority may provide a standing protocol or
23prescription for epinephrine auto-injectors in the name of a
24local governmental agency to be maintained for use when
25necessary.
26    (g) When a police officer administers an epinephrine

 

 

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1auto-injector in good faith, the police officer and local
2governmental agency, and its employees and agents, including a
3physician, physician's assistant with prescriptive authority,
4or advanced practice registered nurse with prescriptive
5authority who provides a standing order or prescription for an
6epinephrine auto-injector, incur no civil or professional
7liability, except for willful and wanton conduct, as a result
8of any injury or death arising from the use of an epinephrine
9auto-injector.
10(Source: P.A. 99-711, eff. 1-1-17; 100-201, eff. 8-18-17;
11100-648, eff. 7-31-18.)
 
12    (50 ILCS 705/10.21)
13    Sec. 10.21. Training; sexual assault and sexual abuse.
14    (a) The Illinois Law Enforcement Training Standards Board
15shall conduct or approve training programs in trauma-informed
16responses and investigations of sexual assault and sexual
17abuse, which include, but is not limited to, the following:
18        (1) recognizing the symptoms of trauma;
19        (2) understanding the role trauma has played in a
20    victim's life;
21        (3) responding to the needs and concerns of a victim;
22        (4) delivering services in a compassionate, sensitive,
23    and nonjudgmental manner;
24        (5) interviewing techniques in accordance with the
25    curriculum standards in subsection (f) of this Section;

 

 

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1        (6) understanding cultural perceptions and common
2    myths of sexual assault and sexual abuse;
3        (7) report writing techniques in accordance with the
4    curriculum standards in subsection (f) of this Section;
5    and
6        (8) recognizing special sensitivities of victims due
7    to: age, including those under the age of 13; gender; or
8    other qualifications.
9    (b) This training must be presented in all full and
10part-time basic law enforcement academies on or before July 1,
112018.
12    (c) Agencies employing law enforcement officers must
13present this training to all law enforcement officers within 3
14years after January 1, 2017 (the effective date of Public Act
1599-801) and must present in-service training on sexual assault
16and sexual abuse response and report writing training
17requirements every 3 years.
18    (d) Agencies employing law enforcement officers who
19conduct sexual assault and sexual abuse investigations must
20provide specialized training to these officers on sexual
21assault and sexual abuse investigations within 2 years after
22January 1, 2017 (the effective date of Public Act 99-801) and
23must present in-service training on sexual assault and sexual
24abuse investigations to these officers every 3 years.
25    (e) Instructors providing this training shall have
26successfully completed training on evidence-based,

 

 

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1trauma-informed, victim-centered response to cases of sexual
2assault and sexual abuse and have experience responding to
3sexual assault and sexual abuse cases.
4    (f) The Board shall adopt rules, in consultation with the
5Office of the Illinois Attorney General and the Illinois
6Department of State Police, to determine the specific training
7requirements for these courses, including, but not limited to,
8the following:
9        (1) evidence-based curriculum standards for report
10    writing and immediate response to sexual assault and
11    sexual abuse, including trauma-informed, victim-centered,
12    age sensitive, interview techniques, which have been
13    demonstrated to minimize retraumatization, for
14    probationary police officers and all law enforcement
15    officers; and
16        (2) evidence-based curriculum standards for
17    trauma-informed, victim-centered, age sensitive
18    investigation and interviewing techniques, which have been
19    demonstrated to minimize retraumatization, for cases of
20    sexual assault and sexual abuse for law enforcement
21    officers who conduct sexual assault and sexual abuse
22    investigations.
23(Source: P.A. 99-801, eff. 1-1-17; 100-201, eff. 8-18-17;
24100-910, eff. 1-1-19.)
 
25    Section 395. The Uniform Crime Reporting Act is amended by

 

 

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1changing Sections 5-5, 5-10, 5-12, 5-15, 5-20, and 5-30 as
2follows:
 
3    (50 ILCS 709/5-5)
4    Sec. 5-5. Definitions. As used in this Act:
5    "Arrest-related death" means any death of an individual
6while the individual's freedom to leave is restricted by a law
7enforcement officer while the officer is on duty, or otherwise
8acting within the scope of his or her employment, including
9any death resulting from a motor vehicle accident, if the law
10enforcement officer was engaged in direct action against the
11individual or the individual's vehicle during the process of
12apprehension. "Arrest-related death" does not include the
13death of law enforcement personnel.
14    "Department" means the Department of State Police.
15    "Domestic crime" means any crime attempted or committed
16between a victim and offender who have a domestic
17relationship, both current and past.
18    "Hate crime" has the same meaning as defined under Section
1912-7.1 of the Criminal Code of 2012.
20    "Law enforcement agency" means an agency of this State or
21unit of local government which is vested by law or ordinance
22with the duty to maintain public order and to enforce criminal
23law or ordinances.
24    "Law enforcement officer" or "officer" means any officer,
25agent, or employee of this State or a unit of local government

 

 

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1authorized by law or by a government agency to engage in or
2supervise the prevention, detection, or investigation of any
3violation of criminal law, or authorized by law to supervise
4accused persons or sentenced criminal offenders.
5(Source: P.A. 99-352, eff. 1-1-16.)
 
6    (50 ILCS 709/5-10)
7    Sec. 5-10. Central repository of crime statistics. The
8Illinois Department of State Police shall be a central
9repository and custodian of crime statistics for the State and
10shall have all the power necessary to carry out the purposes of
11this Act, including the power to demand and receive
12cooperation in the submission of crime statistics from all law
13enforcement agencies. All data and information provided to the
14Illinois State Police Department under this Act must be
15provided in a manner and form prescribed by the Illinois State
16Police Department. On an annual basis, the Illinois State
17Police Department shall make available compilations of crime
18statistics required to be reported by each law enforcement
19agency.
20(Source: P.A. 99-352, eff. 1-1-16.)
 
21    (50 ILCS 709/5-12)
22    Sec. 5-12. Monthly reporting. All law enforcement agencies
23shall submit to the Illinois Department of State Police on a
24monthly basis the following:

 

 

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1        (1) beginning January 1, 2016, a report on any
2    arrest-related death that shall include information
3    regarding the deceased, the officer, any weapon used by
4    the officer or the deceased, and the circumstances of the
5    incident. The Illinois State Police Department shall
6    submit on a quarterly basis all information collected
7    under this paragraph (1) to the Illinois Criminal Justice
8    Information Authority, contingent upon updated federal
9    guidelines regarding the Uniform Crime Reporting Program;
10        (2) beginning January 1, 2017, a report on any
11    instance when a law enforcement officer discharges his or
12    her firearm causing a non-fatal injury to a person, during
13    the performance of his or her official duties or in the
14    line of duty;
15        (3) a report of incident-based information on hate
16    crimes including information describing the offense,
17    location of the offense, type of victim, offender, and
18    bias motivation. If no hate crime incidents occurred
19    during a reporting month, the law enforcement agency must
20    submit a no incident record, as required by the Illinois
21    State Police Department;
22        (4) a report on any incident of an alleged commission
23    of a domestic crime, that shall include information
24    regarding the victim, offender, date and time of the
25    incident, any injury inflicted, any weapons involved in
26    the commission of the offense, and the relationship

 

 

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1    between the victim and the offender;
2        (5) data on an index of offenses selected by the
3    Illinois State Police Department based on the seriousness
4    of the offense, frequency of occurrence of the offense,
5    and likelihood of being reported to law enforcement. The
6    data shall include the number of index crime offenses
7    committed and number of associated arrests; and
8        (6) data on offenses and incidents reported by schools
9    to local law enforcement. The data shall include offenses
10    defined as an attack against school personnel,
11    intimidation offenses, drug incidents, and incidents
12    involving weapons.
13(Source: P.A. 99-352, eff. 1-1-16.)
 
14    (50 ILCS 709/5-15)
15    Sec. 5-15. Supplemental homicide reporting. Beginning
16July 1, 2016, each law enforcement agency shall submit to the
17Illinois State Police Department incident-based information on
18any criminal homicide. The data shall be provided quarterly by
19law enforcement agencies containing information as specified
20by the Illinois State Police Department.
21(Source: P.A. 99-352, eff. 1-1-16.)
 
22    (50 ILCS 709/5-20)
23    Sec. 5-20. Reporting compliance. The Illinois Department
24of State Police shall annually report to the Illinois Law

 

 

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1Enforcement Training Standards Board any law enforcement
2agency not in compliance with the reporting requirements under
3this Act. A law enforcement agency's compliance with the
4reporting requirements under this Act shall be a factor
5considered by the Illinois Law Enforcement Training Standards
6Board in awarding grant funding under the Law Enforcement
7Camera Grant Act.
8(Source: P.A. 99-352, eff. 1-1-16.)
 
9    (50 ILCS 709/5-30)
10    Sec. 5-30. Rulemaking authority. The Illinois State
11Police Department is vested with the full power to adopt and
12prescribe reasonable rules for the purpose of administering
13the provisions of this Act and conditions under which all data
14is collected.
15(Source: P.A. 99-352, eff. 1-1-16.)
 
16    Section 400. The Missing Persons Identification Act is
17amended by changing Sections 5, 10, 15, and 20 as follows:
 
18    (50 ILCS 722/5)
19    (Text of Section before amendment by P.A. 101-266)
20    Sec. 5. Missing person reports.
21    (a) Report acceptance. All law enforcement agencies shall
22accept without delay any report of a missing person.
23Acceptance of a missing person report filed in person may not

 

 

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1be refused on any ground. No law enforcement agency may refuse
2to accept a missing person report:
3        (1) on the basis that the missing person is an adult;
4        (2) on the basis that the circumstances do not
5    indicate foul play;
6        (3) on the basis that the person has been missing for a
7    short period of time;
8        (4) on the basis that the person has been missing a
9    long period of time;
10        (5) on the basis that there is no indication that the
11    missing person was in the jurisdiction served by the law
12    enforcement agency at the time of the disappearance;
13        (6) on the basis that the circumstances suggest that
14    the disappearance may be voluntary;
15        (7) on the basis that the reporting individual does
16    not have personal knowledge of the facts;
17        (8) on the basis that the reporting individual cannot
18    provide all of the information requested by the law
19    enforcement agency;
20        (9) on the basis that the reporting individual lacks a
21    familial or other relationship with the missing person;
22        (9-5) on the basis of the missing person's mental
23    state or medical condition; or
24        (10) for any other reason.
25    (b) Manner of reporting. All law enforcement agencies
26shall accept missing person reports in person. Law enforcement

 

 

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1agencies are encouraged to accept reports by phone or by
2electronic or other media to the extent that such reporting is
3consistent with law enforcement policies or practices.
4    (c) Contents of report. In accepting a report of a missing
5person, the law enforcement agency shall attempt to gather
6relevant information relating to the disappearance. The law
7enforcement agency shall attempt to gather at the time of the
8report information that shall include, but shall not be
9limited to, the following:
10        (1) the name of the missing person, including
11    alternative names used;
12        (2) the missing person's date of birth;
13        (3) the missing person's identifying marks, such as
14    birthmarks, moles, tattoos, and scars;
15        (4) the missing person's height and weight;
16        (5) the missing person's gender;
17        (6) the missing person's race;
18        (7) the missing person's current hair color and true
19    or natural hair color;
20        (8) the missing person's eye color;
21        (9) the missing person's prosthetics, surgical
22    implants, or cosmetic implants;
23        (10) the missing person's physical anomalies;
24        (11) the missing person's blood type, if known;
25        (12) the missing person's driver's license number, if
26    known;

 

 

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1        (13) the missing person's social security number, if
2    known;
3        (14) a photograph of the missing person; recent
4    photographs are preferable and the agency is encouraged to
5    attempt to ascertain the approximate date the photograph
6    was taken;
7        (15) a description of the clothing the missing person
8    was believed to be wearing;
9        (16) a description of items that might be with the
10    missing person, such as jewelry, accessories, and shoes or
11    boots;
12        (17) information on the missing person's electronic
13    communications devices, such as cellular telephone numbers
14    and e-mail addresses;
15        (18) the reasons why the reporting individual believes
16    that the person is missing;
17        (19) the name and location of the missing person's
18    school or employer, if known;
19        (20) the name and location of the missing person's
20    dentist or primary care physician or provider, or both, if
21    known;
22        (21) any circumstances that may indicate that the
23    disappearance was not voluntary;
24        (22) any circumstances that may indicate that the
25    missing person may be at risk of injury or death;
26        (23) a description of the possible means of

 

 

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1    transportation of the missing person, including make,
2    model, color, license number, and Vehicle Identification
3    Number of a vehicle;
4        (24) any identifying information about a known or
5    possible abductor or person last seen with the missing
6    person, or both, including:
7            (A) name;
8            (B) a physical description;
9            (C) date of birth;
10            (D) identifying marks;
11            (E) the description of possible means of
12        transportation, including make, model, color, license
13        number, and Vehicle Identification Number of a
14        vehicle;
15            (F) known associates;
16        (25) any other information that may aid in locating
17    the missing person; and
18        (26) the date of last contact.
19    (d) Notification and follow up action.
20        (1) Notification. The law enforcement agency shall
21    notify the person making the report, a family member, or
22    other person in a position to assist the law enforcement
23    agency in its efforts to locate the missing person of the
24    following:
25            (A) general information about the handling of the
26        missing person case or about intended efforts in the

 

 

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1        case to the extent that the law enforcement agency
2        determines that disclosure would not adversely affect
3        its ability to locate or protect the missing person or
4        to apprehend or prosecute any person criminally
5        involved in the disappearance;
6            (B) that the person should promptly contact the
7        law enforcement agency if the missing person remains
8        missing in order to provide additional information and
9        materials that will aid in locating the missing person
10        such as the missing person's credit cards, debit
11        cards, banking information, and cellular telephone
12        records; and
13            (C) that any DNA samples provided for the missing
14        person case are provided on a voluntary basis and will
15        be used solely to help locate or identify the missing
16        person and will not be used for any other purpose.
17        The law enforcement agency, upon acceptance of a
18    missing person report, shall inform the reporting citizen
19    of one of 2 resources, based upon the age of the missing
20    person. If the missing person is under 18 years of age,
21    contact information for the National Center for Missing
22    and Exploited Children shall be given. If the missing
23    person is age 18 or older, contact information for the
24    National Center for Missing Adults shall be given.
25        Agencies handling the remains of a missing person who
26    is deceased must notify the agency handling the missing

 

 

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1    person's case. Documented efforts must be made to locate
2    family members of the deceased person to inform them of
3    the death and location of the remains of their family
4    member.
5        The law enforcement agency is encouraged to make
6    available informational materials, through publications or
7    electronic or other media, that advise the public about
8    how the information or materials identified in this
9    subsection are used to help locate or identify missing
10    persons.
11        (2) Follow up action. If the person identified in the
12    missing person report remains missing after 30 days, and
13    the additional information and materials specified below
14    have not been received, the law enforcement agency shall
15    attempt to obtain:
16            (A) DNA samples from family members or from the
17        missing person along with any needed documentation, or
18        both, including any consent forms, required for the
19        use of State or federal DNA databases, including, but
20        not limited to, the Local DNA Index System (LDIS),
21        State DNA Index System (SDIS), and National DNA Index
22        System (NDIS);
23            (B) an authorization to release dental or skeletal
24        x-rays of the missing person;
25            (C) any additional photographs of the missing
26        person that may aid the investigation or an

 

 

HB3655- 532 -LRB102 16922 WGH 22334 b

1        identification; the law enforcement agency is not
2        required to obtain written authorization before it
3        releases publicly any photograph that would aid in the
4        investigation or identification of the missing person;
5            (D) dental information and x-rays; and
6            (E) fingerprints.
7        (3) All DNA samples obtained in missing person cases
8    shall be immediately forwarded to the Illinois Department
9    of State Police for analysis. The Illinois Department of
10    State Police shall establish procedures for determining
11    how to prioritize analysis of the samples relating to
12    missing person cases.
13        (4) This subsection shall not be interpreted to
14    preclude a law enforcement agency from attempting to
15    obtain the materials identified in this subsection before
16    the expiration of the 30-day period.
17(Source: P.A. 99-244, eff. 1-1-16; 99-581, eff. 1-1-17.)
 
18    (Text of Section after amendment by P.A. 101-266)
19    Sec. 5. Missing person reports.
20    (a) Report acceptance. All law enforcement agencies shall
21accept without delay any report of a missing person and may
22attempt to obtain a DNA sample from the missing person or a DNA
23reference sample created from family members' DNA samples for
24submission under paragraph (1) of subsection (c) of Section
2510. Acceptance of a missing person report filed in person may

 

 

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1not be refused on any ground. No law enforcement agency may
2refuse to accept a missing person report:
3        (1) on the basis that the missing person is an adult;
4        (2) on the basis that the circumstances do not
5    indicate foul play;
6        (3) on the basis that the person has been missing for a
7    short period of time;
8        (4) on the basis that the person has been missing a
9    long period of time;
10        (5) on the basis that there is no indication that the
11    missing person was in the jurisdiction served by the law
12    enforcement agency at the time of the disappearance;
13        (6) on the basis that the circumstances suggest that
14    the disappearance may be voluntary;
15        (7) on the basis that the reporting individual does
16    not have personal knowledge of the facts;
17        (8) on the basis that the reporting individual cannot
18    provide all of the information requested by the law
19    enforcement agency;
20        (9) on the basis that the reporting individual lacks a
21    familial or other relationship with the missing person;
22        (9-5) on the basis of the missing person's mental
23    state or medical condition; or
24        (10) for any other reason.
25    (b) Manner of reporting. All law enforcement agencies
26shall accept missing person reports in person. Law enforcement

 

 

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1agencies are encouraged to accept reports by phone or by
2electronic or other media to the extent that such reporting is
3consistent with law enforcement policies or practices.
4    (c) Contents of report. In accepting a report of a missing
5person, the law enforcement agency shall attempt to gather
6relevant information relating to the disappearance. The law
7enforcement agency shall attempt to gather at the time of the
8report information that shall include, but shall not be
9limited to, the following:
10        (1) the name of the missing person, including
11    alternative names used;
12        (2) the missing person's date of birth;
13        (3) the missing person's identifying marks, such as
14    birthmarks, moles, tattoos, and scars;
15        (4) the missing person's height and weight;
16        (5) the missing person's gender;
17        (6) the missing person's race;
18        (7) the missing person's current hair color and true
19    or natural hair color;
20        (8) the missing person's eye color;
21        (9) the missing person's prosthetics, surgical
22    implants, or cosmetic implants;
23        (10) the missing person's physical anomalies;
24        (11) the missing person's blood type, if known;
25        (12) the missing person's driver's license number, if
26    known;

 

 

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1        (13) the missing person's social security number, if
2    known;
3        (14) a photograph of the missing person; recent
4    photographs are preferable and the agency is encouraged to
5    attempt to ascertain the approximate date the photograph
6    was taken;
7        (15) a description of the clothing the missing person
8    was believed to be wearing;
9        (16) a description of items that might be with the
10    missing person, such as jewelry, accessories, and shoes or
11    boots;
12        (17) information on the missing person's electronic
13    communications devices, such as cellular telephone numbers
14    and e-mail addresses;
15        (18) the reasons why the reporting individual believes
16    that the person is missing;
17        (19) the name and location of the missing person's
18    school or employer, if known;
19        (20) the name and location of the missing person's
20    dentist or primary care physician or provider, or both, if
21    known;
22        (21) any circumstances that may indicate that the
23    disappearance was not voluntary;
24        (22) any circumstances that may indicate that the
25    missing person may be at risk of injury or death;
26        (23) a description of the possible means of

 

 

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1    transportation of the missing person, including make,
2    model, color, license number, and Vehicle Identification
3    Number of a vehicle;
4        (24) any identifying information about a known or
5    possible abductor or person last seen with the missing
6    person, or both, including:
7            (A) name;
8            (B) a physical description;
9            (C) date of birth;
10            (D) identifying marks;
11            (E) the description of possible means of
12        transportation, including make, model, color, license
13        number, and Vehicle Identification Number of a
14        vehicle;
15            (F) known associates;
16        (25) any other information that may aid in locating
17    the missing person; and
18        (26) the date of last contact.
19    (d) Notification and follow up action.
20        (1) Notification. The law enforcement agency shall
21    notify the person making the report, a family member, or
22    other person in a position to assist the law enforcement
23    agency in its efforts to locate the missing person of the
24    following:
25            (A) general information about the handling of the
26        missing person case or about intended efforts in the

 

 

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1        case to the extent that the law enforcement agency
2        determines that disclosure would not adversely affect
3        its ability to locate or protect the missing person or
4        to apprehend or prosecute any person criminally
5        involved in the disappearance;
6            (B) that the person should promptly contact the
7        law enforcement agency if the missing person remains
8        missing in order to provide additional information and
9        materials that will aid in locating the missing person
10        such as the missing person's credit cards, debit
11        cards, banking information, and cellular telephone
12        records; and
13            (C) that any DNA samples provided for the missing
14        person case are provided on a voluntary basis and will
15        be used solely to help locate or identify the missing
16        person and will not be used for any other purpose.
17        The law enforcement agency, upon acceptance of a
18    missing person report, shall inform the reporting citizen
19    of one of 2 resources, based upon the age of the missing
20    person. If the missing person is under 18 years of age,
21    contact information for the National Center for Missing
22    and Exploited Children shall be given. If the missing
23    person is age 18 or older, contact information for the
24    National Missing and Unidentified Persons System (NamUs)
25    organization shall be given.
26        The law enforcement agency is encouraged to make

 

 

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1    available informational materials, through publications or
2    electronic or other media, that advise the public about
3    how the information or materials identified in this
4    subsection are used to help locate or identify missing
5    persons.
6        (2) Follow up action. If the person identified in the
7    missing person report remains missing after 30 days, but
8    not more than 60 days, the law enforcement agency may
9    generate a report of the missing person within the
10    National Missing and Unidentified Persons System (NamUs),
11    and the law enforcement agency may attempt to obtain the
12    additional information and materials that have not been
13    received, specified below:
14            (A) DNA samples from family members or from the
15        missing person along with any needed documentation, or
16        both, including any consent forms, required for the
17        use of State or federal DNA databases, including, but
18        not limited to, the Local DNA Index System (LDIS),
19        State DNA Index System (SDIS), National DNA Index
20        System (NDIS), and National Missing and Unidentified
21        Persons System (NamUs) partner laboratories;
22            (B) an authorization to release dental or skeletal
23        x-rays of the missing person;
24            (C) any additional photographs of the missing
25        person that may aid the investigation or an
26        identification; the law enforcement agency is not

 

 

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1        required to obtain written authorization before it
2        releases publicly any photograph that would aid in the
3        investigation or identification of the missing person;
4            (D) dental information and x-rays; and
5            (E) fingerprints.
6        (3) Samples collected for DNA analysis may be
7    submitted to a National Missing and Unidentified Persons
8    System (NamUs) partner laboratory or other resource where
9    DNA profiles are entered into local, State, and national
10    DNA Index Systems within 60 days. The Illinois Department
11    of State Police shall establish procedures for determining
12    how to prioritize analysis of the samples relating to
13    missing person cases. All DNA samples obtained in missing
14    person cases from family members of the missing person may
15    not be retained after the location or identification of
16    the remains of the missing person unless there is a search
17    warrant signed by a court of competent jurisdiction.
18        (4) This subsection shall not be interpreted to
19    preclude a law enforcement agency from attempting to
20    obtain the materials identified in this subsection before
21    the expiration of the 30-day period. The responsible law
22    enforcement agency may make a National Missing and
23    Unidentified Persons System (NamUs) report on the missing
24    person within 60 days after the report of the
25    disappearance of the missing person.
26        (5) Law enforcement agencies are encouraged to

 

 

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1    establish written protocols for the handling of missing
2    person cases to accomplish the purposes of this Act.
3(Source: P.A. 101-266, eff. 1-1-21.)
 
4    (50 ILCS 722/10)
5    (Text of Section before amendment by P.A. 101-266)
6    Sec. 10. Law enforcement analysis and reporting of missing
7person information.
8    (a) Prompt determination of high-risk missing person.
9        (1) Definition. "High-risk missing person" means a
10    person whose whereabouts are not currently known and whose
11    circumstances indicate that the person may be at risk of
12    injury or death. The circumstances that indicate that a
13    person is a high-risk missing person include, but are not
14    limited to, any of the following:
15            (A) the person is missing as a result of a stranger
16        abduction;
17            (B) the person is missing under suspicious
18        circumstances;
19            (C) the person is missing under unknown
20        circumstances;
21            (D) the person is missing under known dangerous
22        circumstances;
23            (E) the person is missing more than 30 days;
24            (F) the person has already been designated as a
25        high-risk missing person by another law enforcement

 

 

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1        agency;
2            (G) there is evidence that the person is at risk
3        because:
4                (i) the person is in need of medical
5            attention, including but not limited to persons
6            with dementia-like symptoms, or prescription
7            medication;
8                (ii) the person does not have a pattern of
9            running away or disappearing;
10                (iii) the person may have been abducted by a
11            non-custodial parent;
12                (iv) the person is mentally impaired,
13            including, but not limited to, a person having a
14            developmental disability, as defined in Section
15            1-106 of the Mental Health and Developmental
16            Disabilities Code, or a person having an
17            intellectual disability, as defined in Section
18            1-116 of the Mental Health and Developmental
19            Disabilities Code;
20                (v) the person is under the age of 21;
21                (vi) the person has been the subject of past
22            threats or acts of violence;
23                (vii) the person has eloped from a nursing
24            home;
25            (G-5) the person is a veteran or active duty
26        member of the United States Armed Forces, the National

 

 

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1        Guard, or any reserve component of the United States
2        Armed Forces who is believed to have a physical or
3        mental health condition that is related to his or her
4        service; or
5            (H) any other factor that may, in the judgment of
6        the law enforcement official, indicate that the
7        missing person may be at risk.
8        (2) Law enforcement risk assessment.
9            (A) Upon initial receipt of a missing person
10        report, the law enforcement agency shall immediately
11        determine whether there is a basis to determine that
12        the missing person is a high-risk missing person.
13            (B) If a law enforcement agency has previously
14        determined that a missing person is not a high-risk
15        missing person, but obtains new information, it shall
16        immediately determine whether the information
17        indicates that the missing person is a high-risk
18        missing person.
19            (C) Law enforcement agencies are encouraged to
20        establish written protocols for the handling of
21        missing person cases to accomplish the purposes of
22        this Act.
23        (3) Law enforcement agency reports.
24            (A) The responding local law enforcement agency
25        shall immediately enter all collected information
26        relating to the missing person case in the Law

 

 

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1        Enforcement Agencies Data System (LEADS) and the
2        National Crime Information Center (NCIC) databases.
3        The information shall be provided in accordance with
4        applicable guidelines relating to the databases. The
5        information shall be entered as follows:
6                (i) All appropriate DNA profiles, as
7            determined by the Illinois Department of State
8            Police, shall be uploaded into the missing person
9            databases of the State DNA Index System (SDIS) and
10            National DNA Index System (NDIS) after completion
11            of the DNA analysis and other procedures required
12            for database entry.
13                (ii) Information relevant to the Federal
14            Bureau of Investigation's Violent Criminal
15            Apprehension Program shall be entered as soon as
16            possible.
17                (iii) The Illinois Department of State Police
18            shall ensure that persons entering data relating
19            to medical or dental records in State or federal
20            databases are specifically trained to understand
21            and correctly enter the information sought by
22            these databases. The Illinois Department of State
23            Police shall either use a person with specific
24            expertise in medical or dental records for this
25            purpose or consult with a chief medical examiner,
26            forensic anthropologist, or odontologist to ensure

 

 

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1            the accuracy and completeness of information
2            entered into the State and federal databases.
3            (B) The Illinois Department of State Police shall
4        immediately notify all law enforcement agencies within
5        this State and the surrounding region of the
6        information that will aid in the prompt location and
7        safe return of the high-risk missing person.
8            (C) The local law enforcement agencies that
9        receive the notification from the Illinois Department
10        of State Police shall notify officers to be on the
11        lookout for the missing person or a suspected
12        abductor.
13            (D) Pursuant to any applicable State criteria,
14        local law enforcement agencies shall also provide for
15        the prompt use of an Amber Alert in cases involving
16        abducted children; or use of the Endangered Missing
17        Person Advisory in appropriate high risk cases.
18(Source: P.A. 100-631, eff. 1-1-19; 100-662, eff. 1-1-19;
19100-835, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
20    (Text of Section after amendment by P.A. 101-266)
21    Sec. 10. Law enforcement analysis and reporting of missing
22person information.
23    (a) Prompt determination and definition of a high-risk
24missing person.
25        (1) Definition. "High-risk missing person" means a

 

 

HB3655- 545 -LRB102 16922 WGH 22334 b

1    person whose whereabouts are not currently known and whose
2    circumstances indicate that the person may be at risk of
3    injury or death. The circumstances that indicate that a
4    person is a high-risk missing person include, but are not
5    limited to, any of the following:
6            (A) the person is missing as a result of a stranger
7        abduction;
8            (B) the person is missing under suspicious
9        circumstances;
10            (C) the person is missing under unknown
11        circumstances;
12            (D) the person is missing under known dangerous
13        circumstances;
14            (E) the person is missing more than 30 days;
15            (F) the person has already been designated as a
16        high-risk missing person by another law enforcement
17        agency;
18            (G) there is evidence that the person is at risk
19        because:
20                (i) the person is in need of medical
21            attention, including but not limited to persons
22            with dementia-like symptoms, or prescription
23            medication;
24                (ii) the person does not have a pattern of
25            running away or disappearing;
26                (iii) the person may have been abducted by a

 

 

HB3655- 546 -LRB102 16922 WGH 22334 b

1            non-custodial parent;
2                (iv) the person is mentally impaired,
3            including, but not limited to, a person having a
4            developmental disability, as defined in Section
5            1-106 of the Mental Health and Developmental
6            Disabilities Code, or a person having an
7            intellectual disability, as defined in Section
8            1-116 of the Mental Health and Developmental
9            Disabilities Code;
10                (v) the person is under the age of 21;
11                (vi) the person has been the subject of past
12            threats or acts of violence;
13                (vii) the person has eloped from a nursing
14            home;
15            (G-5) the person is a veteran or active duty
16        member of the United States Armed Forces, the National
17        Guard, or any reserve component of the United States
18        Armed Forces who is believed to have a physical or
19        mental health condition that is related to his or her
20        service; or
21            (H) any other factor that may, in the judgment of
22        the law enforcement official, indicate that the
23        missing person may be at risk.
24    (b) Law enforcement risk assessment.
25        (1) Upon initial receipt of a missing person report,
26    the law enforcement agency shall immediately determine

 

 

HB3655- 547 -LRB102 16922 WGH 22334 b

1    whether there is a basis to determine that the missing
2    person is a high-risk missing person.
3        (2) If a law enforcement agency has previously
4    determined that a missing person is not a high-risk
5    missing person, but obtains new information, it shall
6    immediately determine whether the information indicates
7    that the missing person is a high-risk missing person.
8        (3) Law enforcement agencies are encouraged to
9    establish written protocols for the handling of missing
10    person cases to accomplish the purposes of this Act.
11    (c) Law enforcement reporting.
12        (1) The responding local law enforcement agency shall
13    immediately enter all collected information relating to
14    the missing person case in the Law Enforcement Agencies
15    Data System (LEADS) and the National Crime Information
16    Center (NCIC) databases and the National Missing and
17    Unidentified Persons System (NamUs) within 45 days after
18    the receipt of the report, or in the case of a high risk
19    missing person, within 30 days after the receipt of the
20    report. If the DNA sample submission is to a National
21    Missing and Unidentified Persons System (NamUs) partner
22    laboratory, the DNA profile may be uploaded by the partner
23    laboratory to the National DNA Index System (NDIS). A
24    packet submission of all relevant reports and DNA samples
25    may be sent to the National Missing and Unidentified
26    Persons System (NamUs) within 30 days for any high-risk

 

 

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1    missing person cases. The information shall be provided in
2    accordance with applicable guidelines relating to the
3    databases. The information shall be entered as follows:
4            (A) If Illinois Department of State Police
5        laboratories are utilized in lieu of National Missing
6        and Unidentified Persons System (NamUs) partner
7        laboratories, all appropriate DNA profiles, as
8        determined by the Illinois Department of State Police,
9        shall be uploaded into the missing person databases of
10        the State DNA Index System (SDIS) and National DNA
11        Index System (NDIS) after completion of the DNA
12        analysis and other procedures required for database
13        entry. The responding local law enforcement agency may
14        submit any DNA samples voluntarily obtained from
15        family members to a National Missing and Unidentified
16        Persons System (NamUs) partner laboratory for DNA
17        analysis within 30 days. A notation of DNA submission
18        may be made within the National Missing and
19        Unidentified Persons System (NamUs) record.
20            (B) Information relevant to the Federal Bureau of
21        Investigation's Violent Criminal Apprehension Program
22        shall be entered as soon as possible.
23            (C) The Illinois Department of State Police shall
24        ensure that persons entering data relating to medical
25        or dental records in State or federal databases are
26        specifically trained to understand and correctly enter

 

 

HB3655- 549 -LRB102 16922 WGH 22334 b

1        the information sought by these databases. The
2        Illinois Department of State Police shall either use a
3        person with specific expertise in medical or dental
4        records for this purpose or consult with a chief
5        medical examiner, forensic anthropologist, or
6        odontologist to ensure the accuracy and completeness
7        of information entered into the State and federal
8        databases.
9        (2) The Illinois Department of State Police shall
10    immediately notify all law enforcement agencies within
11    this State and the surrounding region of the information
12    that will aid in the prompt location and safe return of the
13    high-risk missing person.
14        (3) The local law enforcement agencies that receive
15    the notification from the Illinois Department of State
16    Police shall notify officers to be on the lookout for the
17    missing person or a suspected abductor.
18        (4) Pursuant to any applicable State criteria, local
19    law enforcement agencies shall also provide for the prompt
20    use of an Amber Alert in cases involving abducted
21    children; or use of the Endangered Missing Person Advisory
22    in appropriate high risk cases.
23(Source: P.A. 100-631, eff. 1-1-19; 100-662, eff. 1-1-19;
24100-835, eff. 1-1-19; 101-81, eff. 7-12-19; 101-266, eff.
251-1-21.)
 

 

 

HB3655- 550 -LRB102 16922 WGH 22334 b

1    (50 ILCS 722/15)
2    Sec. 15. Reporting of unidentified persons and human
3remains.
4    (a) Handling of death scene investigations.
5        (1) The Illinois Department of State Police shall
6    provide information to local law enforcement agencies
7    about best practices for handling death scene
8    investigations.
9        (2) The Illinois Department of State Police shall
10    identify any publications or training opportunities that
11    may be available to local law enforcement agencies or law
12    enforcement officers and coroners and medical examiners
13    concerning the handling of death scene investigations.
14    (b) Law enforcement reports.
15        (1) Before performing any death scene investigation
16    deemed appropriate under the circumstances, the official
17    with custody of the human remains shall ensure that the
18    coroner or medical examiner of the county in which the
19    deceased was found has been notified.
20        (2) Any coroner or medical examiner with custody of
21    human remains that are not identified within 24 hours of
22    discovery shall promptly notify the Illinois Department of
23    State Police of the location of those remains.
24        (3) If the coroner or medical examiner with custody of
25    remains cannot determine whether or not the remains found
26    are human, the coroner or medical examiner shall notify

 

 

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1    the Illinois Department of State Police of the existence
2    of possible human remains.
3(Source: P.A. 95-192, eff. 8-16-07.)
 
4    (50 ILCS 722/20)
5    Sec. 20. Unidentified persons or human remains
6identification responsibilities.
7    (a) In this Section, "assisting law enforcement agency"
8means a law enforcement agency with jurisdiction acting under
9the request and direction of the medical examiner or coroner
10to assist with human remains identification.
11    (a-5) If the official with custody of the human remains is
12not a coroner or medical examiner, the official shall
13immediately notify the coroner or medical examiner of the
14county in which the remains were found. The coroner or medical
15examiner shall go to the scene and take charge of the remains.
16    (b) Notwithstanding any other action deemed appropriate
17for the handling of the human remains, the assisting law
18enforcement agency, medical examiner, or coroner shall make
19reasonable attempts to promptly identify human remains. This
20does not include historic or prehistoric skeletal remains.
21These actions shall include, but are not limited to, obtaining
22the following when possible:
23        (1) photographs of the human remains (prior to an
24    autopsy);
25        (2) dental and skeletal X-rays;

 

 

HB3655- 552 -LRB102 16922 WGH 22334 b

1        (3) photographs of items found on or with the human
2    remains;
3        (4) fingerprints from the remains;
4        (5) tissue samples suitable for DNA analysis;
5        (6) (blank); and
6        (7) any other information that may support
7    identification efforts.
8    (c) No medical examiner or coroner or any other person
9shall dispose of, or engage in actions that will materially
10affect the unidentified human remains before the assisting law
11enforcement agency, medical examiner, or coroner obtains items
12essential for human identification efforts listed in
13subsection (b) of this Section.
14    (d) Cremation of unidentified human remains is prohibited.
15    (e) (Blank).
16    (f) The assisting law enforcement agency, medical
17examiner, or coroner shall seek support from appropriate State
18and federal agencies, including National Missing and
19Unidentified Persons System resources to facilitate prompt
20identification of human remains. This support may include, but
21is not limited to, fingerprint comparison; forensic
22odontology; nuclear or mitochondrial DNA analysis, or both;
23and forensic anthropology.
24    (f-5) Fingerprints from the unidentified remains,
25including partial prints, shall be submitted to the Illinois
26Department of State Police or other resource for the purpose

 

 

HB3655- 553 -LRB102 16922 WGH 22334 b

1of attempting to identify the deceased. The coroner or medical
2examiner shall cause a dental examination to be performed by a
3forensic odontologist for the purpose of dental charting,
4comparison to missing person records, or both. Tissue samples
5collected for DNA analysis shall be submitted within 30 days
6of the recovery of the remains to a National Missing and
7Unidentified Persons System partner laboratory or other
8resource where DNA profiles are entered into the National DNA
9Index System upon completion of testing. Forensic
10anthropological analysis of the remains shall also be
11considered.
12    (g) (Blank).
13    (g-2) The medical examiner or coroner shall report the
14unidentified human remains and the location where the remains
15were found to the Illinois Department of State Police within
1624 hours of discovery as mandated by Section 15 of this Act.
17The assisting law enforcement agency, medical examiner, or
18coroner shall contact the Illinois Department of State Police
19to request the creation of a National Crime Information Center
20Unidentified Person record within 5 days of the discovery of
21the remains. The assisting law enforcement agency, medical
22examiner, or coroner shall provide the Illinois Department of
23State Police all information required for National Crime
24Information Center entry. Upon notification, the Illinois
25Department of State Police shall create the Unidentified
26Person record without unnecessary delay.

 

 

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1    (g-5) The assisting law enforcement agency, medical
2examiner, or coroner shall obtain a National Crime Information
3Center number from the Illinois Department of State Police to
4verify entry and maintain this number within the unidentified
5human remains case file. A National Crime Information Center
6Unidentified Person record shall remain on file indefinitely
7or until action is taken by the originating agency to clear or
8cancel the record. The assisting law enforcement agency,
9medical examiner, or coroner shall notify the Illinois
10Department of State Police of necessary record modifications
11or cancellation if identification is made.
12    (h) (Blank).
13    (h-5) The assisting law enforcement agency, medical
14examiner, or coroner shall create an unidentified person
15record in the National Missing and Unidentified Persons System
16prior to the submission of samples or within 30 days of the
17discovery of the remains, if no identification has been made.
18The entry shall include all available case information
19including fingerprint data and dental charts. Samples shall be
20submitted to a National Missing and Unidentified Persons
21System partner laboratory for DNA analysis within 30 Days. A
22notation of DNA submission shall be made within the National
23Missing and Unidentified Persons System Unidentified Person
24record.
25    (i) Nothing in this Act shall be interpreted to preclude
26any assisting law enforcement agency, medical examiner,

 

 

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1coroner, or the Illinois Department of State Police from
2pursuing other efforts to identify human remains including
3efforts to publicize information, descriptions, or photographs
4related to the investigation.
5    (j) For historic or prehistoric human skeletal remains
6determined by an anthropologist to be older than 100 years,
7jurisdiction shall be transferred to the Department of Natural
8Resources for further investigation under the Archaeological
9and Paleontological Resources Protection Act.
10(Source: P.A. 100-901, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
11    Section 410. The Police and Community Relations
12Improvement Act is amended by changing Section 1-10 as
13follows:
 
14    (50 ILCS 727/1-10)
15    Sec. 1-10. Investigation of officer-involved deaths;
16requirements.
17    (a) Each law enforcement agency shall have a written
18policy regarding the investigation of officer-involved deaths
19that involve a law enforcement officer employed by that law
20enforcement agency.
21    (b) Each officer-involved death investigation shall be
22conducted by at least 2 investigators, or an entity or agency
23comprised of at least 2 investigators, one of whom is the lead
24investigator. The lead investigator shall be a person

 

 

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1certified by the Illinois Law Enforcement Training Standards
2Board as a Lead Homicide Investigator, or similar training
3approved by the Illinois Law Enforcement Training Standards
4Board or the Illinois Department of State Police, or similar
5training provided at an Illinois Law Enforcement Training
6Standards Board certified school. No investigator involved in
7the investigation may be employed by the law enforcement
8agency that employs the officer involved in the
9officer-involved death, unless the investigator is employed by
10the Illinois Department of State Police and is not assigned to
11the same division or unit as the officer involved in the death.
12    (c) In addition to the requirements of subsection (b) of
13this Section, if the officer-involved death being investigated
14involves a motor vehicle accident, at least one investigator
15shall be certified by the Illinois Law Enforcement Training
16Standards Board as a Crash Reconstruction Specialist, or
17similar training approved by the Illinois Law Enforcement
18Training Standards Board or the Illinois Department of State
19Police, or similar training provided at an Illinois Law
20Enforcement Training Standards Board certified school.
21Notwithstanding the requirements of subsection (b) of this
22Section, the policy for a law enforcement agency, when the
23officer-involved death being investigated involves a motor
24vehicle collision, may allow the use of an investigator who is
25employed by that law enforcement agency and who is certified
26by the Illinois Law Enforcement Training Standards Board as a

 

 

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1Crash Reconstruction Specialist, or similar training approved
2by the Illinois Law Enforcement Training and Standards Board,
3or similar certified training approved by the Illinois
4Department of State Police, or similar training provided at an
5Illinois Law Enforcement Training and Standards Board
6certified school.
7    (d) The investigators conducting the investigation shall,
8in an expeditious manner, provide a complete report to the
9State's Attorney of the county in which the officer-involved
10death occurred.
11    (e) If the State's Attorney, or a designated special
12prosecutor, determines there is no basis to prosecute the law
13enforcement officer involved in the officer-involved death, or
14if the law enforcement officer is not otherwise charged or
15indicted, the investigators shall publicly release a report.
16(Source: P.A. 99-352, eff. 1-1-16.)
 
17    Section 415. The Emergency Telephone System Act is amended
18by changing Sections 2, 7, 8, 10, 12, 15.1, 15.4b, 15.5, 15.6,
1915.6a, 15.6b, 17.5, 19, 20, 30, 40, 50, 55, 75, and 80 as
20follows:
 
21    (50 ILCS 750/2)  (from Ch. 134, par. 32)
22    (Section scheduled to be repealed on December 31, 2021)
23    Sec. 2. Definitions. As used in this Act, unless the
24context otherwise requires:

 

 

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1    "9-1-1 network" means the network used for the delivery of
29-1-1 calls and messages over dedicated and redundant
3facilities to a primary or backup 9-1-1 PSAP that meets P.01
4grade of service standards for basic 9-1-1 and enhanced 9-1-1
5services or meets national I3 industry call delivery standards
6for Next Generation 9-1-1 services.
7    "9-1-1 system" means the geographic area that has been
8granted an order of authority by the Commission or the
9Statewide 9-1-1 Administrator to use "9-1-1" as the primary
10emergency telephone number.
11    "9-1-1 Authority" includes an Emergency Telephone System
12Board, Joint Emergency Telephone System Board, and a qualified
13governmental entity. "9-1-1 Authority" includes the Illinois
14Department of State Police only to the extent it provides
159-1-1 services under this Act.
16    "Administrator" means the Statewide 9-1-1 Administrator.
17    "Advanced service" means any telecommunications service
18with or without dynamic bandwidth allocation, including, but
19not limited to, ISDN Primary Rate Interface (PRI), that,
20through the use of a DS-1, T-1, or other un-channelized or
21multi-channel transmission facility, is capable of
22transporting either the subscriber's inter-premises voice
23telecommunications services to the public switched network or
24the subscriber's 9-1-1 calls to the public agency.
25    "ALI" or "automatic location identification" means, in an
26E9-1-1 system, the automatic display at the public safety

 

 

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1answering point of the caller's telephone number, the address
2or location of the telephone, and supplementary emergency
3services information.
4    "ANI" or "automatic number identification" means the
5automatic display of the 9-1-1 calling party's number on the
6PSAP monitor.
7    "Automatic alarm" and "automatic alerting device" mean any
8device that will access the 9-1-1 system for emergency
9services upon activation.
10    "Backup PSAP" means a public safety answering point that
11serves as an alternate to the PSAP for enhanced systems and is
12at a different location and operates independently from the
13PSAP. A backup PSAP may accept overflow calls from the PSAP or
14be activated if the primary PSAP is disabled.
15    "Board" means an Emergency Telephone System Board or a
16Joint Emergency Telephone System Board created pursuant to
17Section 15.4.
18    "Carrier" includes a telecommunications carrier and a
19wireless carrier.
20    "Commission" means the Illinois Commerce Commission.
21    "Computer aided dispatch" or "CAD" means a computer-based
22system that aids PSAP telecommunicators by automating selected
23dispatching and recordkeeping activities.
24    "Direct dispatch method" means a 9-1-1 service that
25provides for the direct dispatch by a PSAP telecommunicator of
26the appropriate unit upon receipt of an emergency call and the

 

 

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1decision as to the proper action to be taken.
2    "Department" means the Department of State Police.
3    "DS-1, T-1, or similar un-channelized or multi-channel
4transmission facility" means a facility that can transmit and
5receive a bit rate of at least 1.544 megabits per second
6(Mbps).
7    "Dynamic bandwidth allocation" means the ability of the
8facility or customer to drop and add channels, or adjust
9bandwidth, when needed in real time for voice or data
10purposes.
11    "Enhanced 9-1-1" or "E9-1-1" means a telephone system that
12includes network switching, database and PSAP premise elements
13capable of providing automatic location identification data,
14selective routing, selective transfer, fixed transfer, and a
15call back number, including any enhanced 9-1-1 service so
16designated by the Federal Communications Commission in its
17report and order in WC Dockets Nos. 04-36 and 05-196, or any
18successor proceeding.
19    "ETSB" means an emergency telephone system board appointed
20by the corporate authorities of any county or municipality
21that provides for the management and operation of a 9-1-1
22system.
23    "Hearing-impaired individual" means a person with a
24permanent hearing loss who can regularly and routinely
25communicate by telephone only through the aid of devices which
26can send and receive written messages over the telephone

 

 

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1network.
2    "Hosted supplemental 9-1-1 service" means a database
3service that:
4        (1) electronically provides information to 9-1-1 call
5    takers when a call is placed to 9-1-1;
6        (2) allows telephone subscribers to provide
7    information to 9-1-1 to be used in emergency scenarios;
8        (3) collects a variety of formatted data relevant to
9    9-1-1 and first responder needs, which may include, but is
10    not limited to, photographs of the telephone subscribers,
11    physical descriptions, medical information, household
12    data, and emergency contacts;
13        (4) allows for information to be entered by telephone
14    subscribers through a secure website where they can elect
15    to provide as little or as much information as they
16    choose;
17        (5) automatically displays data provided by telephone
18    subscribers to 9-1-1 call takers for all types of
19    telephones when a call is placed to 9-1-1 from a
20    registered and confirmed phone number;
21        (6) supports the delivery of telephone subscriber
22    information through a secure internet connection to all
23    emergency telephone system boards;
24        (7) works across all 9-1-1 call taking equipment and
25    allows for the easy transfer of information into a
26    computer aided dispatch system; and

 

 

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1        (8) may be used to collect information pursuant to an
2    Illinois Premise Alert Program as defined in the Illinois
3    Premise Alert Program (PAP) Act.
4    "Interconnected voice over Internet protocol provider" or
5"Interconnected VoIP provider" has the meaning given to that
6term under Section 13-235 of the Public Utilities Act.
7    "Joint ETSB" means a Joint Emergency Telephone System
8Board established by intergovernmental agreement of two or
9more municipalities or counties, or a combination thereof, to
10provide for the management and operation of a 9-1-1 system.
11    "Local public agency" means any unit of local government
12or special purpose district located in whole or in part within
13this State that provides or has authority to provide
14firefighting, police, ambulance, medical, or other emergency
15services.
16    "Mechanical dialer" means any device that either manually
17or remotely triggers a dialing device to access the 9-1-1
18system.
19    "Master Street Address Guide" or "MSAG" is a database of
20street names and house ranges within their associated
21communities defining emergency service zones (ESZs) and their
22associated emergency service numbers (ESNs) to enable proper
23routing of 9-1-1 calls.
24    "Mobile telephone number" or "MTN" means the telephone
25number assigned to a wireless telephone at the time of initial
26activation.

 

 

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1    "Network connections" means the number of voice grade
2communications channels directly between a subscriber and a
3telecommunications carrier's public switched network, without
4the intervention of any other telecommunications carrier's
5switched network, which would be required to carry the
6subscriber's inter-premises traffic and which connection
7either (1) is capable of providing access through the public
8switched network to a 9-1-1 Emergency Telephone System, if one
9exists, or (2) if no system exists at the time a surcharge is
10imposed under Section 15.3, that would be capable of providing
11access through the public switched network to the local 9-1-1
12Emergency Telephone System if one existed. Where multiple
13voice grade communications channels are connected to a
14telecommunications carrier's public switched network through a
15private branch exchange (PBX) service, there shall be
16determined to be one network connection for each trunk line
17capable of transporting either the subscriber's inter-premises
18traffic to the public switched network or the subscriber's
199-1-1 calls to the public agency. Where multiple voice grade
20communications channels are connected to a telecommunications
21carrier's public switched network through centrex type
22service, the number of network connections shall be equal to
23the number of PBX trunk equivalents for the subscriber's
24service or other multiple voice grade communication channels
25facility, as determined by reference to any generally
26applicable exchange access service tariff filed by the

 

 

HB3655- 564 -LRB102 16922 WGH 22334 b

1subscriber's telecommunications carrier with the Commission.
2    "Network costs" means those recurring costs that directly
3relate to the operation of the 9-1-1 network as determined by
4the Statewide 9-1-1 Administrator with the advice of the
5Statewide 9-1-1 Advisory Board, which may include, but need
6not be limited to, some or all of the following: costs for
7interoffice trunks, selective routing charges, transfer lines
8and toll charges for 9-1-1 services, Automatic Location
9Information (ALI) database charges, independent local exchange
10carrier charges and non-system provider charges, carrier
11charges for third party database for on-site customer premises
12equipment, back-up PSAP trunks for non-system providers,
13periodic database updates as provided by carrier (also known
14as "ALI data dump"), regional ALI storage charges, circuits
15for call delivery (fiber or circuit connection), NG9-1-1
16costs, and all associated fees, taxes, and surcharges on each
17invoice. "Network costs" shall not include radio circuits or
18toll charges that are other than for 9-1-1 services.
19    "Next generation 9-1-1" or "NG9-1-1" means an Internet
20Protocol-based (IP-based) system comprised of managed ESInets,
21functional elements and applications, and databases that
22replicate traditional E9-1-1 features and functions and
23provide additional capabilities. "NG9-1-1" systems are
24designed to provide access to emergency services from all
25connected communications sources, and provide multimedia data
26capabilities for PSAPs and other emergency services

 

 

HB3655- 565 -LRB102 16922 WGH 22334 b

1organizations.
2    "NG9-1-1 costs" means those recurring costs that directly
3relate to the Next Generation 9-1-1 service as determined by
4the Statewide 9-1-1 Advisory Board, including, but not limited
5to, costs for Emergency System Routing Proxy (ESRP), Emergency
6Call Routing Function/Location Validation Function (ECRF/LVF),
7Spatial Information Function (SIF), the Border Control
8Function (BCF), and the Emergency Services Internet Protocol
9networks (ESInets), legacy network gateways, and all
10associated fees, taxes, and surcharges on each invoice.
11    "Private branch exchange" or "PBX" means a private
12telephone system and associated equipment located on the
13user's property that provides communications between internal
14stations and external networks.
15    "Private business switch service" means network and
16premises based systems including a VoIP, Centrex type service,
17or PBX service, even though key telephone systems or
18equivalent telephone systems registered with the Federal
19Communications Commission under 47 C.F.R. Part 68 are directly
20connected to Centrex type and PBX systems. "Private business
21switch service" does not include key telephone systems or
22equivalent telephone systems registered with the Federal
23Communications Commission under 47 C.F.R. Part 68 when not
24used in conjunction with a VoIP, Centrex type, or PBX systems.
25"Private business switch service" typically includes, but is
26not limited to, private businesses, corporations, and

 

 

HB3655- 566 -LRB102 16922 WGH 22334 b

1industries where the telecommunications service is primarily
2for conducting business.
3    "Private residential switch service" means network and
4premise based systems including a VoIP, Centrex type service,
5or PBX service or key telephone systems or equivalent
6telephone systems registered with the Federal Communications
7Commission under 47 C.F.R. Part 68 that are directly connected
8to a VoIP, Centrex type service, or PBX systems equipped for
9switched local network connections or 9-1-1 system access to
10residential end users through a private telephone switch.
11"Private residential switch service" does not include key
12telephone systems or equivalent telephone systems registered
13with the Federal Communications Commission under 47 C.F.R.
14Part 68 when not used in conjunction with a VoIP, Centrex type,
15or PBX systems. "Private residential switch service" typically
16includes, but is not limited to, apartment complexes,
17condominiums, and campus or university environments where
18shared tenant service is provided and where the usage of the
19telecommunications service is primarily residential.
20    "Public agency" means the State, and any unit of local
21government or special purpose district located in whole or in
22part within this State, that provides or has authority to
23provide firefighting, police, ambulance, medical, or other
24emergency services.
25    "Public safety agency" means a functional division of a
26public agency that provides firefighting, police, medical, or

 

 

HB3655- 567 -LRB102 16922 WGH 22334 b

1other emergency services to respond to and manage emergency
2incidents. For the purpose of providing wireless service to
3users of 9-1-1 emergency services, as expressly provided for
4in this Act, the Illinois Department of State Police may be
5considered a public safety agency.
6    "Public safety answering point" or "PSAP" is a set of
7call-takers authorized by a governing body and operating under
8common management that receive 9-1-1 calls and asynchronous
9event notifications for a defined geographic area and
10processes those calls and events according to a specified
11operational policy.
12    "Qualified governmental entity" means a unit of local
13government authorized to provide 9-1-1 services pursuant to
14this Act where no emergency telephone system board exists.
15    "Referral method" means a 9-1-1 service in which the PSAP
16telecommunicator provides the calling party with the telephone
17number of the appropriate public safety agency or other
18provider of emergency services.
19    "Regular service" means any telecommunications service,
20other than advanced service, that is capable of transporting
21either the subscriber's inter-premises voice
22telecommunications services to the public switched network or
23the subscriber's 9-1-1 calls to the public agency.
24    "Relay method" means a 9-1-1 service in which the PSAP
25telecommunicator takes the pertinent information from a caller
26and relays that information to the appropriate public safety

 

 

HB3655- 568 -LRB102 16922 WGH 22334 b

1agency or other provider of emergency services.
2    "Remit period" means the billing period, one month in
3duration, for which a wireless carrier remits a surcharge and
4provides subscriber information by zip code to the Illinois
5State Police Department, in accordance with Section 20 of this
6Act.
7    "Secondary Answering Point" or "SAP" means a location,
8other than a PSAP, that is able to receive the voice, data, and
9call back number of E9-1-1 or NG9-1-1 emergency calls
10transferred from a PSAP and completes the call taking process
11by dispatching police, medical, fire, or other emergency
12responders.
13    "Statewide wireless emergency 9-1-1 system" means all
14areas of the State where an emergency telephone system board
15or, in the absence of an emergency telephone system board, a
16qualified governmental entity, has not declared its intention
17for one or more of its public safety answering points to serve
18as a primary wireless 9-1-1 public safety answering point for
19its jurisdiction. The operator of the statewide wireless
20emergency 9-1-1 system shall be the Illinois Department of
21State Police.
22    "System" means the communications equipment and related
23software applications required to produce a response by the
24appropriate emergency public safety agency or other provider
25of emergency services as a result of an emergency call being
26placed to 9-1-1.

 

 

HB3655- 569 -LRB102 16922 WGH 22334 b

1    "System provider" means the contracted entity providing
29-1-1 network and database services.
3    "Telecommunications carrier" means those entities included
4within the definition specified in Section 13-202 of the
5Public Utilities Act, and includes those carriers acting as
6resellers of telecommunications services. "Telecommunications
7carrier" includes telephone systems operating as mutual
8concerns. "Telecommunications carrier" does not include a
9wireless carrier.
10    "Telecommunications technology" means equipment that can
11send and receive written messages over the telephone network.
12    "Transfer method" means a 9-1-1 service in which the PSAP
13telecommunicator receiving a call transfers that call to the
14appropriate public safety agency or other provider of
15emergency services.
16    "Transmitting messages" shall have the meaning given to
17that term under Section 8-11-2 of the Illinois Municipal Code.
18    "Trunk line" means a transmission path, or group of
19transmission paths, connecting a subscriber's PBX to a
20telecommunications carrier's public switched network. In the
21case of regular service, each voice grade communications
22channel or equivalent amount of bandwidth capable of
23transporting either the subscriber's inter-premises voice
24telecommunications services to the public switched network or
25the subscriber's 9-1-1 calls to the public agency shall be
26considered a trunk line, even if it is bundled with other

 

 

HB3655- 570 -LRB102 16922 WGH 22334 b

1channels or additional bandwidth. In the case of advanced
2service, each DS-1, T-1, or other un-channelized or
3multi-channel transmission facility that is capable of
4transporting either the subscriber's inter-premises voice
5telecommunications services to the public switched network or
6the subscriber's 9-1-1 calls to the public agency shall be
7considered a single trunk line, even if it contains multiple
8voice grade communications channels or otherwise supports 2 or
9more voice grade calls at a time; provided, however, that each
10additional increment of up to 24 voice grade channels of
11transmission capacity that is capable of transporting either
12the subscriber's inter-premises voice telecommunications
13services to the public switched network or the subscriber's
149-1-1 calls to the public agency shall be considered an
15additional trunk line.
16    "Unmanned backup PSAP" means a public safety answering
17point that serves as an alternate to the PSAP at an alternate
18location and is typically unmanned but can be activated if the
19primary PSAP is disabled.
20    "Virtual answering point" or "VAP" means a temporary or
21nonpermanent location that is capable of receiving an
22emergency call, contains a fully functional worksite that is
23not bound to a specific location, but rather is portable and
24scalable, connecting emergency call takers or dispatchers to
25the work process, and is capable of completing the call
26dispatching process.

 

 

HB3655- 571 -LRB102 16922 WGH 22334 b

1    "Voice-impaired individual" means a person with a
2permanent speech disability which precludes oral
3communication, who can regularly and routinely communicate by
4telephone only through the aid of devices which can send and
5receive written messages over the telephone network.
6    "Wireless carrier" means a provider of two-way cellular,
7broadband PCS, geographic area 800 MHZ and 900 MHZ Commercial
8Mobile Radio Service (CMRS), Wireless Communications Service
9(WCS), or other Commercial Mobile Radio Service (CMRS), as
10defined by the Federal Communications Commission, offering
11radio communications that may provide fixed, mobile, radio
12location, or satellite communication services to individuals
13or businesses within its assigned spectrum block and
14geographical area or that offers real-time, two-way voice
15service that is interconnected with the public switched
16network, including a reseller of such service.
17    "Wireless enhanced 9-1-1" means the ability to relay the
18telephone number of the originator of a 9-1-1 call and
19location information from any mobile handset or text telephone
20device accessing the wireless system to the designated
21wireless public safety answering point as set forth in the
22order of the Federal Communications Commission, FCC Docket No.
2394-102, adopted June 12, 1996, with an effective date of
24October 1, 1996, and any subsequent amendment thereto.
25    "Wireless public safety answering point" means the
26functional division of a 9-1-1 authority accepting wireless

 

 

HB3655- 572 -LRB102 16922 WGH 22334 b

19-1-1 calls.
2    "Wireless subscriber" means an individual or entity to
3whom a wireless service account or number has been assigned by
4a wireless carrier, other than an account or number associated
5with prepaid wireless telecommunication service.
6(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
7    (50 ILCS 750/7)  (from Ch. 134, par. 37)
8    (Section scheduled to be repealed on December 31, 2021)
9    Sec. 7. The General Assembly finds that, because of
10overlapping jurisdiction of public agencies, public safety
11agencies and telephone service areas, the Administrator, with
12the advice and recommendation of the Statewide 9-1-1 Advisory
13Board, shall establish a general overview or plan to
14effectuate the purposes of this Act within the time frame
15provided in this Act. In order to insure that proper
16preparation and implementation of emergency telephone systems
17are accomplished by all public agencies as required under this
18Act, the Illinois State Police Department, with the advice and
19assistance of the Attorney General, shall secure compliance by
20public agencies as provided in this Act.
21(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
22    (50 ILCS 750/8)  (from Ch. 134, par. 38)
23    (Section scheduled to be repealed on December 31, 2021)
24    Sec. 8. The Administrator, with the advice and

 

 

HB3655- 573 -LRB102 16922 WGH 22334 b

1recommendation of the Statewide 9-1-1 Advisory Board, shall
2coordinate the implementation of systems established under
3this Act. To assist with this coordination, all systems
4authorized to operate under this Act shall register with the
5Administrator information regarding its composition and
6organization, including, but not limited to, identification of
7all PSAPs, SAPs, VAPs, Backup PSAPs, and Unmanned Backup
8PSAPs. The Illinois State Police Department may adopt rules
9for the administration of this Section.
10(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
11    (50 ILCS 750/10)  (from Ch. 134, par. 40)
12    (Section scheduled to be repealed on December 31, 2021)
13    Sec. 10. (a) The Administrator, with the advice and
14recommendation of the Statewide 9-1-1 Advisory Board, shall
15establish uniform technical and operational standards for all
169-1-1 systems in Illinois. All findings, orders, decisions,
17rules, and regulations issued or promulgated by the Commission
18under this Act or any other Act establishing or conferring
19power on the Commission with respect to emergency
20telecommunications services, shall continue in force.
21Notwithstanding the provisions of this Section, where
22applicable, the Administrator shall, with the advice and
23recommendation of the Statewide 9-1-1 Advisory Board, amend
24the Commission's findings, orders, decisions, rules, and
25regulations to conform to the specific provisions of this Act

 

 

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1as soon as practicable after the effective date of this
2amendatory Act of the 99th General Assembly.
3    (b) The Illinois State Police Department may adopt
4emergency rules necessary to implement the provisions of this
5amendatory Act of the 99th General Assembly under subsection
6(t) of Section 5-45 of the Illinois Administrative Procedure
7Act.
8    (c) Nothing in this Act shall deprive the Commission of
9any authority to regulate the provision by telecommunication
10carriers or 9-1-1 system service providers of
11telecommunication or other services under the Public Utilities
12Act.
13    (d) For rules that implicate both the regulation of 9-1-1
14authorities under this Act and the regulation of
15telecommunication carriers and 9-1-1 system service providers
16under the Public Utilities Act, the Illinois State Police
17Department and the Commission may adopt joint rules necessary
18for implementation.
19    (e) Any findings, orders, or decisions of the
20Administrator under this Section shall be deemed a final
21administrative decision and shall be subject to judicial
22review under the Administrative Review Law.
23(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
24    (50 ILCS 750/12)  (from Ch. 134, par. 42)
25    (Section scheduled to be repealed on December 31, 2021)

 

 

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1    Sec. 12. The Attorney General may, on behalf of the
2Illinois State Police Department or on his own initiative,
3commence judicial proceedings to enforce compliance by any
4public agency or public utility providing telephone service
5with this Act.
6(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
7    (50 ILCS 750/15.1)  (from Ch. 134, par. 45.1)
8    (Section scheduled to be repealed on December 31, 2021)
9    Sec. 15.1. Public body; exemption from civil liability for
10developing or operating emergency telephone system.
11    (a) In no event shall a public agency, the Commission, the
12Statewide 9-1-1 Advisory Board, the Administrator, the
13Illinois Department of State Police, public safety agency,
14public safety answering point, emergency telephone system
15board, or unit of local government assuming the duties of an
16emergency telephone system board, or carrier, or its officers,
17employees, assigns, or agents be liable for any civil damages
18or criminal liability that directly or indirectly results
19from, or is caused by, any act or omission in the development,
20design, installation, operation, maintenance, performance, or
21provision of 9-1-1 service required by this Act, unless the
22act or omission constitutes gross negligence, recklessness, or
23intentional misconduct.
24    A unit of local government, the Commission, the Statewide
259-1-1 Advisory Board, the Administrator, the Illinois

 

 

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1Department of State Police, public safety agency, public
2safety answering point, emergency telephone system board, or
3carrier, or its officers, employees, assigns, or agents, shall
4not be liable for any form of civil damages or criminal
5liability that directly or indirectly results from, or is
6caused by, the release of subscriber information to any
7governmental entity as required under the provisions of this
8Act, unless the release constitutes gross negligence,
9recklessness, or intentional misconduct.
10    (b) Exemption from civil liability for emergency
11instructions is as provided in the Good Samaritan Act.
12    (c) This Section may not be offered as a defense in any
13judicial proceeding brought by the Attorney General under
14Section 12 to compel compliance with this Act.
15(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
16    (50 ILCS 750/15.4b)
17    (Section scheduled to be repealed on December 31, 2021)
18    Sec. 15.4b. Consolidation grants.
19    (a) The Administrator, with the advice and recommendation
20of the Statewide 9-1-1 Advisory Board, shall administer a
219-1-1 System Consolidation Grant Program to defray costs
22associated with 9-1-1 system consolidation of systems outside
23of a municipality with a population in excess of 500,000. The
24awarded grants will be used to offset non-recurring costs
25associated with the consolidation of 9-1-1 systems and shall

 

 

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1not be used for ongoing operating costs associated with the
2consolidated system. The Illinois State Police Department, in
3consultation with the Administrator and the Statewide 9-1-1
4Advisory Board, shall adopt rules defining the grant process
5and criteria for issuing the grants. The grants should be
6awarded based on criteria that include, but are not limited
7to:
8        (1) reducing the number of transfers of a 9-1-1 call;
9        (2) reducing the infrastructure required to adequately
10    provide 9-1-1 network services;
11        (3) promoting cost savings from resource sharing among
12    9-1-1 systems;
13        (4) facilitating interoperability and resiliency for
14    the receipt of 9-1-1 calls;
15        (5) reducing the number of 9-1-1 systems or reducing
16    the number of PSAPs within a 9-1-1 system;
17        (6) cost saving resulting from 9-1-1 system
18    consolidation; and
19        (7) expanding E9-1-1 service coverage as a result of
20    9-1-1 system consolidation including to areas without
21    E9-1-1 service.
22    Priority shall be given first to counties not providing
239-1-1 service as of January 1, 2016, and next to other entities
24consolidating as required under Section 15.4a of this Act.
25    (b) The 9-1-1 System Consolidation Grant application, as
26defined by Illinois State Police Department rules, shall be

 

 

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1submitted electronically to the Administrator starting January
22, 2016, and every January 2 thereafter. The application shall
3include a modified 9-1-1 system plan as required by this Act in
4support of the consolidation plan. The Administrator shall
5have until June 30, 2016 and every June 30 thereafter to
6approve 9-1-1 System Consolidation grants and modified 9-1-1
7system plans. Payment under the approved 9-1-1 System
8Consolidation grants shall be contingent upon the final
9approval of a modified 9-1-1 system plan.
10    (c) Existing and previously completed consolidation
11projects shall be eligible to apply for reimbursement of costs
12related to the consolidation incurred between 2010 and the
13State fiscal year of the application.
14    (d) The 9-1-1 systems that receive grants under this
15Section shall provide a report detailing grant fund usage to
16the Administrator pursuant to Section 40 of this Act.
17(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
18    (50 ILCS 750/15.5)
19    (Section scheduled to be repealed on December 31, 2021)
20    Sec. 15.5. Private residential switch service 9-1-1
21service.
22    (a) After June 30, 1995, an entity that provides or
23operates private residential switch service and provides
24telecommunications facilities or services to residents shall
25provide to those residential end users the same level of 9-1-1

 

 

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1service as the public agency and the telecommunications
2carrier are providing to other residential end users of the
3local 9-1-1 system. This service shall include, but not be
4limited to, the capability to identify the telephone number,
5extension number, and the physical location that is the source
6of the call to the number designated as the emergency
7telephone number.
8    (b) The private residential switch operator is responsible
9for forwarding end user automatic location identification
10record information to the 9-1-1 system provider according to
11the format, frequency, and procedures established by that
12system provider.
13    (c) This Act does not apply to any PBX telephone extension
14that uses radio transmissions to convey electrical signals
15directly between the telephone extension and the serving PBX.
16    (d) An entity that violates this Section is guilty of a
17business offense and shall be fined not less than $1,000 and
18not more than $5,000.
19    (e) Nothing in this Section shall be construed to preclude
20the Attorney General on behalf of the Illinois State Police
21Department or on his or her own initiative, or any other
22interested person, from seeking judicial relief, by mandamus,
23injunction, or otherwise, to compel compliance with this
24Section.
25(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 

 

 

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1    (50 ILCS 750/15.6)
2    (Section scheduled to be repealed on December 31, 2021)
3    Sec. 15.6. Enhanced 9-1-1 service; business service.
4    (a) After June 30, 2000, or within 18 months after
5enhanced 9-1-1 service becomes available, any entity that
6installs or operates a private business switch service and
7provides telecommunications facilities or services to
8businesses shall assure that the system is connected to the
9public switched network in a manner that calls to 9-1-1 result
10in automatic number and location identification. For buildings
11having their own street address and containing workspace of
1240,000 square feet or less, location identification shall
13include the building's street address. For buildings having
14their own street address and containing workspace of more than
1540,000 square feet, location identification shall include the
16building's street address and one distinct location
17identification per 40,000 square feet of workspace. Separate
18buildings containing workspace of 40,000 square feet or less
19having a common public street address shall have a distinct
20location identification for each building in addition to the
21street address.
22    (b) Exemptions. Buildings containing workspace of more
23than 40,000 square feet are exempt from the multiple location
24identification requirements of subsection (a) if the building
25maintains, at all times, alternative and adequate means of
26signaling and responding to emergencies. Those means shall

 

 

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1include, but not be limited to, a telephone system that
2provides the physical location of 9-1-1 calls coming from
3within the building. Health care facilities are presumed to
4meet the requirements of this paragraph if the facilities are
5staffed with medical or nursing personnel 24 hours per day and
6if an alternative means of providing information about the
7source of an emergency call exists. Buildings under this
8exemption must provide 9-1-1 service that provides the
9building's street address.
10    Buildings containing workspace of more than 40,000 square
11feet are exempt from subsection (a) if the building maintains,
12at all times, alternative and adequate means of signaling and
13responding to emergencies, including a telephone system that
14provides the location of a 9-1-1 call coming from within the
15building, and the building is serviced by its own medical,
16fire and security personnel. Buildings under this exemption
17are subject to emergency phone system certification by the
18Administrator.
19    Buildings in communities not serviced by enhanced 9-1-1
20service are exempt from subsection (a).
21    Correctional institutions and facilities, as defined in
22subsection (d) of Section 3-1-2 of the Unified Code of
23Corrections, are exempt from subsection (a).
24    (c) This Act does not apply to any PBX telephone extension
25that uses radio transmissions to convey electrical signals
26directly between the telephone extension and the serving PBX.

 

 

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1    (d) An entity that violates this Section is guilty of a
2business offense and shall be fined not less than $1,000 and
3not more than $5,000.
4    (e) Nothing in this Section shall be construed to preclude
5the Attorney General on behalf of the Illinois State Police
6Department or on his or her own initiative, or any other
7interested person, from seeking judicial relief, by mandamus,
8injunction, or otherwise, to compel compliance with this
9Section.
10    (f) The Illinois State Police Department may promulgate
11rules for the administration of this Section.
12(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
13    (50 ILCS 750/15.6a)
14    (Section scheduled to be repealed on December 31, 2021)
15    Sec. 15.6a. Wireless emergency 9-1-1 service.
16    (a) The digits "9-1-1" shall be the designated emergency
17telephone number within the wireless system.
18    (b) The Illinois State Police Department may set
19non-discriminatory and uniform technical and operational
20standards consistent with the rules of the Federal
21Communications Commission for directing calls to authorized
22public safety answering points. These standards shall not in
23any way prescribe the technology or manner a wireless carrier
24shall use to deliver wireless 9-1-1 or wireless E9-1-1 calls,
25and these standards shall not exceed the requirements set by

 

 

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1the Federal Communications Commission; however, standards for
2directing calls to the authorized public safety answering
3point shall be included. The authority given to the Illinois
4State Police Department in this Section is limited to setting
5standards as set forth herein and does not constitute
6authority to regulate wireless carriers.
7    (c) For the purpose of providing wireless 9-1-1 emergency
8services, an emergency telephone system board or, in the
9absence of an emergency telephone system board, a qualified
10governmental entity, may declare its intention for one or more
11of its public safety answering points to serve as a primary
12wireless 9-1-1 public safety answering point for its
13jurisdiction by notifying the Administrator in writing within
146 months after receiving its authority to operate a 9-1-1
15system under this Act. In addition, 2 or more emergency
16telephone system boards or qualified governmental entities
17may, by virtue of an intergovernmental agreement, provide
18wireless 9-1-1 service. Until the jurisdiction comes into
19compliance with Section 15.4a of this Act, the Illinois
20Department of State Police shall be the primary wireless 9-1-1
21public safety answering point for any jurisdiction that did
22not provide notice to the Illinois Commerce Commission and the
23Illinois State Police Department prior to January 1, 2016.
24    (d) The Administrator, upon a request from a qualified
25governmental entity or an emergency telephone system board and
26with the advice and recommendation of the Statewide 9-1-1

 

 

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1Advisory Board, may grant authority to the emergency telephone
2system board or a qualified governmental entity to provide
3wireless 9-1-1 service in areas for which the Illinois State
4Police Department has accepted wireless 9-1-1 responsibility.
5The Administrator shall maintain a current list of all 9-1-1
6systems and qualified governmental entities providing wireless
79-1-1 service under this Act.
8(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
9    (50 ILCS 750/15.6b)
10    (Section scheduled to be repealed on December 31, 2021)
11    Sec. 15.6b. Next Generation 9-1-1 service.
12    (a) The Administrator, with the advice and recommendation
13of the Statewide 9-1-1 Advisory Board, shall develop and
14implement a plan for a statewide Next Generation 9-1-1
15network. The Next Generation 9-1-1 network must be an Internet
16protocol-based platform that at a minimum provides:
17        (1) improved 9-1-1 call delivery;
18        (2) enhanced interoperability;
19        (3) increased ease of communication between 9-1-1
20    service providers, allowing immediate transfer of 9-1-1
21    calls, caller information, photos, and other data
22    statewide;
23        (4) a hosted solution with redundancy built in; and
24        (5) compliance with NENA Standards i3 Solution 08-003.
25    (b) By July 1, 2016, the Administrator, with the advice

 

 

HB3655- 585 -LRB102 16922 WGH 22334 b

1and recommendation of the Statewide 9-1-1 Advisory Board,
2shall design and issue a competitive request for a proposal to
3secure the services of a consultant to complete a feasibility
4study on the implementation of a statewide Next Generation
59-1-1 network in Illinois. By July 1, 2017, the consultant
6shall complete the feasibility study and make recommendations
7as to the appropriate procurement approach for developing a
8statewide Next Generation 9-1-1 network.
9    (c) Within 12 months of the final report from the
10consultant under subsection (b) of this Section, the Illinois
11State Police Department shall procure and finalize a contract
12with a vendor certified under Section 13-900 of the Public
13Utilities Act to establish a statewide Next Generation 9-1-1
14network. By July 1, 2021, the vendor shall implement a Next
15Generation 9-1-1 network that allows 9-1-1 systems providing
169-1-1 service to Illinois residents to access the system
17utilizing their current infrastructure if it meets the
18standards adopted by the Illinois State Police Department.
19(Source: P.A. 100-20, eff. 7-1-17; 101-639, eff. 6-12-20.)
 
20    (50 ILCS 750/17.5)
21    (Section scheduled to be repealed on December 31, 2021)
22    Sec. 17.5. 9-1-1 call transfer, forward, or relay.
23    (a) The General Assembly finds the following:
24        (1) Some 9-1-1 systems throughout this State do not
25    have a procedure in place to manually transfer, forward,

 

 

HB3655- 586 -LRB102 16922 WGH 22334 b

1    or relay 9-1-1 calls originating within one 9-1-1 system's
2    jurisdiction, but which should properly be answered and
3    dispatched by another 9-1-1 system, to the appropriate
4    9-1-1 system for answering and dispatch of first
5    responders.
6        (2) On January 1, 2016, the General Assembly gave
7    oversight authority of 9-1-1 systems to the Illinois
8    Department of State Police.
9        (3) Since that date, the Illinois Department of State
10    Police has authorized individual 9-1-1 systems in counties
11    and municipalities to implement and upgrade enhanced 9-1-1
12    systems throughout the State.
13    (b) The Illinois State Police Department shall prepare a
14directory of all authorized 9-1-1 systems in the State. The
15directory shall include an emergency 24/7 10-digit telephone
16number for all primary public safety answering points located
17in each 9-1-1 system to which 9-1-1 calls from another
18jurisdiction can be transferred. This directory shall be made
19available to each 9-1-1 authority for its use in establishing
20standard operating procedures regarding calls outside its
219-1-1 jurisdiction.
22    (c) Each 9-1-1 system shall provide the Illinois State
23Police Department with the following information:
24        (1) The name of the PSAP, a list of every
25    participating agency, and the county the PSAP is in,
26    including college and university public safety entities.

 

 

HB3655- 587 -LRB102 16922 WGH 22334 b

1        (2) The 24/7 10-digit emergency telephone number and
2    email address for the dispatch agency to which 9-1-1 calls
3    originating in another 9-1-1 jurisdiction can be
4    transferred or by which the PSAP can be contacted via
5    email to exchange information. Each 9-1-1 system shall
6    provide the Illinois State Police Department with any
7    changes to the participating agencies and this number and
8    email address immediately upon the change occurring. Each
9    9-1-1 system shall provide the PSAP information, the 24/7
10    10-digit emergency telephone number and email address to
11    the Manager of the Illinois State Police's Department's
12    9-1-1 Program within 30 days of the effective date of this
13    amendatory Act of the 100th General Assembly.
14        (3) The standard operating procedure describing the
15    manner in which the 9-1-1 system will transfer, forward,
16    or relay 9-1-1 calls originating within its jurisdiction,
17    but which should properly be answered and dispatched by
18    another 9-1-1 system, to the appropriate 9-1-1 system.
19    Each 9-1-1 system shall provide the standard operating
20    procedures to the Manager of the Illinois State Police's
21    Department's 9-1-1 Program within 180 days after the
22    effective date of this amendatory Act of the 100th General
23    Assembly.
24(Source: P.A. 100-20, eff. 7-1-17.)
 
25    (50 ILCS 750/19)

 

 

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1    (Section scheduled to be repealed on December 31, 2021)
2    Sec. 19. Statewide 9-1-1 Advisory Board.
3    (a) Beginning July 1, 2015, there is created the Statewide
49-1-1 Advisory Board within the Illinois Department of State
5Police. The Board shall consist of the following 11 voting
6members:
7        (1) The Director of the Illinois State Police, or his
8    or her designee, who shall serve as chairman.
9        (2) The Executive Director of the Commission, or his
10    or her designee.
11        (3) Nine members appointed by the Governor as follows:
12            (A) one member representing the Illinois chapter
13        of the National Emergency Number Association, or his
14        or her designee;
15            (B) one member representing the Illinois chapter
16        of the Association of Public-Safety Communications
17        Officials, or his or her designee;
18            (C) one member representing a county 9-1-1 system
19        from a county with a population of less than 50,000;
20            (D) one member representing a county 9-1-1 system
21        from a county with a population between 50,000 and
22        250,000;
23            (E) one member representing a county 9-1-1 system
24        from a county with a population of more than 250,000;
25            (F) one member representing a municipality with a
26        population of less than 500,000 in a county with a

 

 

HB3655- 589 -LRB102 16922 WGH 22334 b

1        population in excess of 2,000,000;
2            (G) one member representing the Illinois
3        Association of Chiefs of Police;
4            (H) one member representing the Illinois Sheriffs'
5        Association; and
6            (I) one member representing the Illinois Fire
7        Chiefs Association.
8    The Governor shall appoint the following non-voting
9members: (i) one member representing an incumbent local
10exchange 9-1-1 system provider; (ii) one member representing a
11non-incumbent local exchange 9-1-1 system provider; (iii) one
12member representing a large wireless carrier; (iv) one member
13representing an incumbent local exchange carrier; (v) one
14member representing the Illinois Telecommunications
15Association; (vi) one member representing the Cable Television
16and Communication Association of Illinois; and (vii) one
17member representing the Illinois State Ambulance Association.
18The Speaker of the House of Representatives, the Minority
19Leader of the House of Representatives, the President of the
20Senate, and the Minority Leader of the Senate may each appoint
21a member of the General Assembly to temporarily serve as a
22non-voting member of the Board during the 12 months prior to
23the repeal date of this Act to discuss legislative initiatives
24of the Board.
25    (b) The Governor shall make initial appointments to the
26Statewide 9-1-1 Advisory Board by August 31, 2015. Six of the

 

 

HB3655- 590 -LRB102 16922 WGH 22334 b

1voting members appointed by the Governor shall serve an
2initial term of 2 years, and the remaining voting members
3appointed by the Governor shall serve an initial term of 3
4years. Thereafter, each appointment by the Governor shall be
5for a term of 3 years. Non-voting members shall serve for a
6term of 3 years. Vacancies shall be filled in the same manner
7as the original appointment. Persons appointed to fill a
8vacancy shall serve for the balance of the unexpired term.
9    Members of the Statewide 9-1-1 Advisory Board shall serve
10without compensation.
11    (c) The 9-1-1 Services Advisory Board, as constituted on
12June 1, 2015 without the legislative members, shall serve in
13the role of the Statewide 9-1-1 Advisory Board until all
14appointments of voting members have been made by the Governor
15under subsection (a) of this Section.
16    (d) The Statewide 9-1-1 Advisory Board shall:
17        (1) advise the Illinois Department of State Police and
18    the Statewide 9-1-1 Administrator on the oversight of
19    9-1-1 systems and the development and implementation of a
20    uniform statewide 9-1-1 system;
21        (2) make recommendations to the Governor and the
22    General Assembly regarding improvements to 9-1-1 services
23    throughout the State; and
24        (3) exercise all other powers and duties provided in
25    this Act.
26    (e) The Statewide 9-1-1 Advisory Board shall submit to the

 

 

HB3655- 591 -LRB102 16922 WGH 22334 b

1General Assembly a report by March 1 of each year providing an
2update on the transition to a statewide 9-1-1 system and
3recommending any legislative action.
4    (f) The Illinois Department of State Police shall provide
5administrative support to the Statewide 9-1-1 Advisory Board.
6(Source: P.A. 99-6, eff. 6-29-15; 100-20, eff. 7-1-17.)
 
7    (50 ILCS 750/20)
8    (Section scheduled to be repealed on December 31, 2021)
9    Sec. 20. Statewide surcharge.
10    (a) On and after January 1, 2016, and except with respect
11to those customers who are subject to surcharges as provided
12in Sections 15.3 and 15.3a of this Act, a monthly surcharge
13shall be imposed on all customers of telecommunications
14carriers and wireless carriers as follows:
15        (1) Each telecommunications carrier shall impose a
16    monthly surcharge per network connection; provided,
17    however, the monthly surcharge shall not apply to a
18    network connection provided for use with pay telephone
19    services. Where multiple voice grade communications
20    channels are connected between the subscriber's premises
21    and a public switched network through private branch
22    exchange (PBX), centrex type service, or other multiple
23    voice grade communication channels facility, there shall
24    be imposed 5 such surcharges per network connection for
25    both regular service and advanced service provisioned

 

 

HB3655- 592 -LRB102 16922 WGH 22334 b

1    trunk lines. Until December 31, 2017, the surcharge shall
2    be $0.87 per network connection and on and after January
3    1, 2018, the surcharge shall be $1.50 per network
4    connection.
5        (2) Each wireless carrier shall impose and collect a
6    monthly surcharge per CMRS connection that either has a
7    telephone number within an area code assigned to Illinois
8    by the North American Numbering Plan Administrator or has
9    a billing address in this State. Until December 31, 2017,
10    the surcharge shall be $0.87 per connection and on and
11    after January 1, 2018, the surcharge shall be $1.50 per
12    connection.
13    (b) State and local taxes shall not apply to the
14surcharges imposed under this Section.
15    (c) The surcharges imposed by this Section shall be stated
16as a separately stated item on subscriber bills.
17    (d) The telecommunications carrier collecting the
18surcharge may deduct and retain an amount not to exceed 3% of
19the gross amount of surcharge collected to reimburse the
20telecommunications carrier for the expense of accounting and
21collecting the surcharge. On and after July 1, 2022, the
22wireless carrier collecting a surcharge under this Section may
23deduct and retain an amount not to exceed 3% of the gross
24amount of the surcharge collected to reimburse the wireless
25carrier for the expense of accounting and collecting the
26surcharge.

 

 

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1    (e) Surcharges imposed under this Section shall be
2collected by the carriers and shall be remitted to the
3Illinois State Police Department, either by check or
4electronic funds transfer, by the end of the next calendar
5month after the calendar month in which it was collected for
6deposit into the Statewide 9-1-1 Fund. Carriers are not
7required to remit surcharge moneys that are billed to
8subscribers but not yet collected.
9    The first remittance by wireless carriers shall include
10the number of subscribers by zip code, and the 9-digit zip code
11if currently being used or later implemented by the carrier,
12that shall be the means by which the Illinois State Police
13Department shall determine distributions from the Statewide
149-1-1 Fund. This information shall be updated at least once
15each year. Any carrier that fails to provide the zip code
16information required under this subsection (e) shall be
17subject to the penalty set forth in subsection (g) of this
18Section.
19    (f) If, within 8 calendar days after it is due under
20subsection (e) of this Section, a carrier does not remit the
21surcharge or any portion thereof required under this Section,
22then the surcharge or portion thereof shall be deemed
23delinquent until paid in full, and the Illinois State Police
24Department may impose a penalty against the carrier in an
25amount equal to the greater of:
26        (1) $25 for each month or portion of a month from the

 

 

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1    time an amount becomes delinquent until the amount is paid
2    in full; or
3        (2) an amount equal to the product of 1% and the sum of
4    all delinquent amounts for each month or portion of a
5    month that the delinquent amounts remain unpaid.
6    A penalty imposed in accordance with this subsection (f)
7for a portion of a month during which the carrier pays the
8delinquent amount in full shall be prorated for each day of
9that month that the delinquent amount was paid in full. Any
10penalty imposed under this subsection (f) is in addition to
11the amount of the delinquency and is in addition to any other
12penalty imposed under this Section.
13    (g) If, within 8 calendar days after it is due, a wireless
14carrier does not provide the number of subscribers by zip code
15as required under subsection (e) of this Section, then the
16report is deemed delinquent and the Illinois State Police
17Department may impose a penalty against the carrier in an
18amount equal to the greater of:
19        (1) $25 for each month or portion of a month that the
20    report is delinquent; or
21        (2) an amount equal to the product of $0.01 and the
22    number of subscribers served by the carrier for each month
23    or portion of a month that the delinquent report is not
24    provided.
25    A penalty imposed in accordance with this subsection (g)
26for a portion of a month during which the carrier provides the

 

 

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1number of subscribers by zip code as required under subsection
2(e) of this Section shall be prorated for each day of that
3month during which the carrier had not provided the number of
4subscribers by zip code as required under subsection (e) of
5this Section. Any penalty imposed under this subsection (g) is
6in addition to any other penalty imposed under this Section.
7    (h) A penalty imposed and collected in accordance with
8subsection (f) or (g) of this Section shall be deposited into
9the Statewide 9-1-1 Fund for distribution according to Section
1030 of this Act.
11    (i) The Illinois State Police Department may enforce the
12collection of any delinquent amount and any penalty due and
13unpaid under this Section by legal action or in any other
14manner by which the collection of debts due the State of
15Illinois may be enforced under the laws of this State. The
16Illinois State Police Department may excuse the payment of any
17penalty imposed under this Section if the Administrator
18determines that the enforcement of this penalty is unjust.
19    (j) Notwithstanding any provision of law to the contrary,
20nothing shall impair the right of wireless carriers to recover
21compliance costs for all emergency communications services
22that are not reimbursed out of the Wireless Carrier
23Reimbursement Fund directly from their wireless subscribers by
24line-item charges on the wireless subscriber's bill. Those
25compliance costs include all costs incurred by wireless
26carriers in complying with local, State, and federal

 

 

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1regulatory or legislative mandates that require the
2transmission and receipt of emergency communications to and
3from the general public, including, but not limited to,
4E9-1-1.
5(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
6    (50 ILCS 750/30)
7    (Section scheduled to be repealed on December 31, 2021)
8    Sec. 30. Statewide 9-1-1 Fund; surcharge disbursement.
9    (a) A special fund in the State treasury known as the
10Wireless Service Emergency Fund shall be renamed the Statewide
119-1-1 Fund. Any appropriations made from the Wireless Service
12Emergency Fund shall be payable from the Statewide 9-1-1 Fund.
13The Fund shall consist of the following:
14        (1) 9-1-1 wireless surcharges assessed under the
15    Wireless Emergency Telephone Safety Act.
16        (2) 9-1-1 surcharges assessed under Section 20 of this
17    Act.
18        (3) Prepaid wireless 9-1-1 surcharges assessed under
19    Section 15 of the Prepaid Wireless 9-1-1 Surcharge Act.
20        (4) Any appropriations, grants, or gifts made to the
21    Fund.
22        (5) Any income from interest, premiums, gains, or
23    other earnings on moneys in the Fund.
24        (6) Money from any other source that is deposited in
25    or transferred to the Fund.

 

 

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1    (b) Subject to appropriation and availability of funds,
2the Illinois State Police Department shall distribute the
39-1-1 surcharges monthly as follows:
4        (1) From each surcharge collected and remitted under
5    Section 20 of this Act:
6            (A) $0.013 shall be distributed monthly in equal
7        amounts to each County Emergency Telephone System
8        Board or qualified governmental entity in counties
9        with a population under 100,000 according to the most
10        recent census data which is authorized to serve as a
11        primary wireless 9-1-1 public safety answering point
12        for the county and to provide wireless 9-1-1 service
13        as prescribed by subsection (b) of Section 15.6a of
14        this Act, and which does provide such service.
15            (B) $0.033 shall be transferred by the Comptroller
16        at the direction of the Illinois State Police
17        Department to the Wireless Carrier Reimbursement Fund
18        until June 30, 2017; from July 1, 2017 through June 30,
19        2018, $0.026 shall be transferred; from July 1, 2018
20        through June 30, 2019, $0.020 shall be transferred;
21        from July 1, 2019, through June 30, 2020, $0.013 shall
22        be transferred; from July 1, 2020 through June 30,
23        2021, $0.007 will be transferred; and after June 30,
24        2021, no transfer shall be made to the Wireless
25        Carrier Reimbursement Fund.
26            (C) Until December 31, 2017, $0.007 and on and

 

 

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1        after January 1, 2018, $0.017 shall be used to cover
2        the Illinois State Police's Department's
3        administrative costs.
4            (D) Beginning January 1, 2018, until June 30,
5        2020, $0.12, and on and after July 1, 2020, $0.04 shall
6        be used to make monthly proportional grants to the
7        appropriate 9-1-1 Authority currently taking wireless
8        9-1-1 based upon the United States Postal Zip Code of
9        the billing addresses of subscribers wireless
10        carriers.
11            (E) Until June 30, 2021, $0.05 shall be used by the
12        Illinois State Police Department for grants for
13        NG9-1-1 expenses, with priority given to 9-1-1
14        Authorities that provide 9-1-1 service within the
15        territory of a Large Electing Provider as defined in
16        Section 13-406.1 of the Public Utilities Act.
17            (F) On and after July 1, 2020, $0.13 shall be used
18        for the implementation of and continuing expenses for
19        the Statewide NG9-1-1 system.
20        (2) After disbursements under paragraph (1) of this
21    subsection (b), all remaining funds in the Statewide 9-1-1
22    Fund shall be disbursed in the following priority order:
23            (A) The Fund shall pay monthly to:
24                (i) the 9-1-1 Authorities that imposed
25            surcharges under Section 15.3 of this Act and were
26            required to report to the Illinois Commerce

 

 

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1            Commission under Section 27 of the Wireless
2            Emergency Telephone Safety Act on October 1, 2014,
3            except a 9-1-1 Authority in a municipality with a
4            population in excess of 500,000, an amount equal
5            to the average monthly wireline and VoIP surcharge
6            revenue attributable to the most recent 12-month
7            period reported to the Illinois State Police
8            Department under that Section for the October 1,
9            2014 filing, subject to the power of the Illinois
10            State Police Department to investigate the amount
11            reported and adjust the number by order under
12            Article X of the Public Utilities Act, so that the
13            monthly amount paid under this item accurately
14            reflects one-twelfth of the aggregate wireline and
15            VoIP surcharge revenue properly attributable to
16            the most recent 12-month period reported to the
17            Commission; or
18                (ii) county qualified governmental entities
19            that did not impose a surcharge under Section 15.3
20            as of December 31, 2015, and counties that did not
21            impose a surcharge as of June 30, 2015, an amount
22            equivalent to their population multiplied by .37
23            multiplied by the rate of $0.69; counties that are
24            not county qualified governmental entities and
25            that did not impose a surcharge as of December 31,
26            2015, shall not begin to receive the payment

 

 

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1            provided for in this subsection until E9-1-1 and
2            wireless E9-1-1 services are provided within their
3            counties; or
4                (iii) counties without 9-1-1 service that had
5            a surcharge in place by December 31, 2015, an
6            amount equivalent to their population multiplied
7            by .37 multiplied by their surcharge rate as
8            established by the referendum.
9            (B) All 9-1-1 network costs for systems outside of
10        municipalities with a population of at least 500,000
11        shall be paid by the Illinois State Police Department
12        directly to the vendors.
13            (C) All expenses incurred by the Administrator and
14        the Statewide 9-1-1 Advisory Board and costs
15        associated with procurement under Section 15.6b
16        including requests for information and requests for
17        proposals.
18            (D) Funds may be held in reserve by the Statewide
19        9-1-1 Advisory Board and disbursed by the Illinois
20        State Police Department for grants under Section 15.4b
21        of this Act and for NG9-1-1 expenses up to $12.5
22        million per year in State fiscal years 2016 and 2017;
23        up to $20 million in State fiscal year 2018; up to
24        $20.9 million in State fiscal year 2019; up to $15.3
25        million in State fiscal year 2020; up to $16.2 million
26        in State fiscal year 2021; up to $23.1 million in State

 

 

HB3655- 601 -LRB102 16922 WGH 22334 b

1        fiscal year 2022; and up to $17.0 million per year for
2        State fiscal year 2023 and each year thereafter. The
3        amount held in reserve in State fiscal years 2018 and
4        2019 shall not be less than $6.5 million.
5        Disbursements under this subparagraph (D) shall be
6        prioritized as follows: (i) consolidation grants
7        prioritized under subsection (a) of Section 15.4b of
8        this Act; (ii) NG9-1-1 expenses; and (iii)
9        consolidation grants under Section 15.4b of this Act
10        for consolidation expenses incurred between January 1,
11        2010, and January 1, 2016.
12            (E) All remaining funds per remit month shall be
13        used to make monthly proportional grants to the
14        appropriate 9-1-1 Authority currently taking wireless
15        9-1-1 based upon the United States Postal Zip Code of
16        the billing addresses of subscribers of wireless
17        carriers.
18    (c) The moneys deposited into the Statewide 9-1-1 Fund
19under this Section shall not be subject to administrative
20charges or chargebacks unless otherwise authorized by this
21Act.
22    (d) Whenever two or more 9-1-1 Authorities consolidate,
23the resulting Joint Emergency Telephone System Board shall be
24entitled to the monthly payments that had theretofore been
25made to each consolidating 9-1-1 Authority. Any reserves held
26by any consolidating 9-1-1 Authority shall be transferred to

 

 

HB3655- 602 -LRB102 16922 WGH 22334 b

1the resulting Joint Emergency Telephone System Board. Whenever
2a county that has no 9-1-1 service as of January 1, 2016 enters
3into an agreement to consolidate to create or join a Joint
4Emergency Telephone System Board, the Joint Emergency
5Telephone System Board shall be entitled to the monthly
6payments that would have otherwise been paid to the county if
7it had provided 9-1-1 service.
8(Source: P.A. 100-20, eff. 7-1-17; 101-639, eff. 6-12-20.)
 
9    (50 ILCS 750/40)
10    (Section scheduled to be repealed on December 31, 2021)
11    Sec. 40. Financial reports.
12    (a) The Illinois State Police Department shall create
13uniform accounting procedures, with such modification as may
14be required to give effect to statutory provisions applicable
15only to municipalities with a population in excess of 500,000,
16that any emergency telephone system board, qualified
17governmental entity, or unit of local government receiving
18surcharge money pursuant to Section 15.3, 15.3a, or 30 of this
19Act must follow.
20    (b) By January 31, 2018, and every January 31 thereafter,
21each emergency telephone system board, qualified governmental
22entity, or unit of local government receiving surcharge money
23pursuant to Section 15.3, 15.3a, or 30 shall report to the
24Illinois State Police Department audited financial statements
25showing total revenue and expenditures for the period

 

 

HB3655- 603 -LRB102 16922 WGH 22334 b

1beginning with the end of the period covered by the last
2submitted report through the end of the previous calendar year
3in a form and manner as prescribed by the Illinois State Police
4Department. Such financial information shall include:
5        (1) a detailed summary of revenue from all sources
6    including, but not limited to, local, State, federal, and
7    private revenues, and any other funds received;
8        (2) all expenditures made during the reporting period
9    from distributions under this Act;
10        (3) call data and statistics, when available, from the
11    reporting period, as specified by the Illinois State
12    Police Department and collected in accordance with any
13    reporting method established or required by the Illinois
14    State Police Department;
15        (4) all costs associated with dispatching appropriate
16    public safety agencies to respond to 9-1-1 calls received
17    by the PSAP; and
18        (5) all funding sources and amounts of funding used
19    for costs described in paragraph (4) of this subsection
20    (b).
21    The emergency telephone system board, qualified
22governmental entity, or unit of local government is
23responsible for any costs associated with auditing such
24financial statements. The Illinois State Police Department
25shall post the audited financial statements on the Illinois
26State Police's Department's website.

 

 

HB3655- 604 -LRB102 16922 WGH 22334 b

1    (c) Along with its audited financial statement, each
2emergency telephone system board, qualified governmental
3entity, or unit of local government receiving a grant under
4Section 15.4b of this Act shall include a report of the amount
5of grant moneys received and how the grant moneys were used. In
6case of a conflict between this requirement and the Grant
7Accountability and Transparency Act, or with the rules of the
8Governor's Office of Management and Budget adopted thereunder,
9that Act and those rules shall control.
10    (d) If an emergency telephone system board or qualified
11governmental entity that receives funds from the Statewide
129-1-1 Fund fails to file the 9-1-1 system financial reports as
13required under this Section, the Illinois State Police
14Department shall suspend and withhold monthly disbursements
15otherwise due to the emergency telephone system board or
16qualified governmental entity under Section 30 of this Act
17until the report is filed.
18    Any monthly disbursements that have been withheld for 12
19months or more shall be forfeited by the emergency telephone
20system board or qualified governmental entity and shall be
21distributed proportionally by the Illinois State Police
22Department to compliant emergency telephone system boards and
23qualified governmental entities that receive funds from the
24Statewide 9-1-1 Fund.
25    Any emergency telephone system board or qualified
26governmental entity not in compliance with this Section shall

 

 

HB3655- 605 -LRB102 16922 WGH 22334 b

1be ineligible to receive any consolidation grant or
2infrastructure grant issued under this Act.
3    (e) The Illinois State Police Department may adopt
4emergency rules necessary to implement the provisions of this
5Section.
6    (f) Any findings or decisions of the Illinois State Police
7Department under this Section shall be deemed a final
8administrative decision and shall be subject to judicial
9review under the Administrative Review Law.
10    (g) Beginning October 1, 2017, the Illinois State Police
11Department shall provide a quarterly report to the Board of
12its expenditures from the Statewide 9-1-1 Fund for the prior
13fiscal quarter.
14(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
15    (50 ILCS 750/50)
16    (Section scheduled to be repealed on December 31, 2021)
17    Sec. 50. Fund audits. The Auditor General shall conduct as
18a part of its bi-annual audit, an audit of the Statewide 9-1-1
19Fund and the Wireless Carrier Reimbursement Fund for
20compliance with the requirements of this Act. The audit shall
21include, but not be limited to, the following determinations:
22        (1) Whether detailed records of all receipts and
23    disbursements from the Statewide 9-1-1 Fund and the
24    Wireless Carrier Reimbursement Fund are being maintained.
25        (2) Whether administrative costs charged to the funds

 

 

HB3655- 606 -LRB102 16922 WGH 22334 b

1    are adequately documented and are reasonable.
2        (3) Whether the procedures for making disbursements
3    and grants and providing reimbursements in accordance with
4    the Act are adequate.
5        (4) The status of the implementation of statewide
6    9-1-1 service and Next Generation 9-1-1 service in
7    Illinois.
8    The Illinois Commerce Commission, the Illinois Department
9of State Police, and any other entity or person that may have
10information relevant to the audit shall cooperate fully and
11promptly with the Office of the Auditor General in conducting
12the audit. The Auditor General shall commence the audit as
13soon as possible and distribute the report upon completion in
14accordance with Section 3-14 of the Illinois State Auditing
15Act.
16(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
17    (50 ILCS 750/55)
18    (Section scheduled to be repealed on December 31, 2021)
19    Sec. 55. Public disclosure. Because of the highly
20competitive nature of the telephone industry, public
21disclosure of information about surcharge moneys paid by
22carriers could have the effect of stifling competition to the
23detriment of the public and the delivery of 9-1-1 services.
24Therefore, the Illinois Commerce Commission, the Illinois
25Department of State Police, governmental agencies, and

 

 

HB3655- 607 -LRB102 16922 WGH 22334 b

1individuals with access to that information shall take
2appropriate steps to prevent public disclosure of this
3information. Information and data supporting the amount and
4distribution of surcharge moneys collected and remitted by an
5individual carrier shall be deemed exempt information for
6purposes of the Freedom of Information Act and shall not be
7publicly disclosed. The gross amount paid by all carriers
8shall not be deemed exempt and may be publicly disclosed.
9(Source: P.A. 99-6, eff. 1-1-16; 100-20, eff. 7-1-17.)
 
10    (50 ILCS 750/75)
11    (Section scheduled to be repealed on December 31, 2021)
12    Sec. 75. Transfer of rights, functions, powers, duties,
13and property to Illinois Department of State Police; rules and
14standards; savings provisions.
15    (a) On January 1, 2016, the rights, functions, powers, and
16duties of the Illinois Commerce Commission as set forth in
17this Act and the Wireless Emergency Telephone Safety Act
18existing prior to January 1, 2016, are transferred to and
19shall be exercised by the Illinois Department of State Police.
20On or before January 1, 2016, the Commission shall transfer
21and deliver to the Illinois State Police Department all books,
22records, documents, property (real and personal), unexpended
23appropriations, and pending business pertaining to the rights,
24powers, duties, and functions transferred to the Illinois
25State Police Department under Public Act 99-6.

 

 

HB3655- 608 -LRB102 16922 WGH 22334 b

1    (b) The rules and standards of the Commission that are in
2effect on January 1, 2016 and that pertain to the rights,
3powers, duties, and functions transferred to the Illinois
4State Police Department under Public Act 99-6 shall become the
5rules and standards of the Illinois State Police Department on
6January 1, 2016, and shall continue in effect until amended or
7repealed by the Illinois State Police Department.
8    Any rules pertaining to the rights, powers, duties, and
9functions transferred to the Illinois State Police Department
10under Public Act 99-6 that have been proposed by the
11Commission but have not taken effect or been finally adopted
12by January 1, 2016, shall become proposed rules of the
13Illinois State Police Department on January 1, 2016, and any
14rulemaking procedures that have already been completed by the
15Commission for those proposed rules need not be repealed.
16    As soon as it is practical after January 1, 2016, the
17Illinois State Police Department shall revise and clarify the
18rules transferred to it under Public Act 99-6 to reflect the
19transfer of rights, powers, duties, and functions effected by
20Public Act 99-6 using the procedures for recodification of
21rules available under the Illinois Administrative Procedure
22Act, except that existing title, part, and section numbering
23for the affected rules may be retained. The Illinois State
24Police Department may propose and adopt under the Illinois
25Administrative Procedure Act any other rules necessary to
26consolidate and clarify those rules.

 

 

HB3655- 609 -LRB102 16922 WGH 22334 b

1    (c) The rights, powers, duties, and functions transferred
2to the Illinois State Police Department by Public Act 99-6
3shall be vested in and exercised by the Illinois State Police
4Department subject to the provisions of this Act and the
5Wireless Emergency Telephone Safety Act. An act done by the
6Illinois State Police Department or an officer, employee, or
7agent of the Illinois State Police Department in the exercise
8of the transferred rights, powers, duties, and functions shall
9have the same legal effect as if done by the Commission or an
10officer, employee, or agent of the Commission.
11    The transfer of rights, powers, duties, and functions to
12the Illinois State Police Department under Public Act 99-6
13does not invalidate any previous action taken by or in respect
14to the Commission, its officers, employees, or agents.
15References to the Commission or its officers, employees, or
16agents in any document, contract, agreement, or law shall, in
17appropriate contexts, be deemed to refer to the Illinois State
18Police Department or its officers, employees, or agents.
19    The transfer of rights, powers, duties, and functions to
20the Illinois State Police Department under Public Act 99-6
21does not affect any person's rights, obligations, or duties,
22including any civil or criminal penalties applicable thereto,
23arising out of those transferred rights, powers, duties, and
24functions.
25    Public Act 99-6 does not affect any act done, ratified, or
26cancelled, any right occurring or established, or any action

 

 

HB3655- 610 -LRB102 16922 WGH 22334 b

1or proceeding commenced in an administrative, civil, or
2criminal case before January 1, 2016. Any such action or
3proceeding that pertains to a right, power, duty, or function
4transferred to the Illinois State Police Department under
5Public Act 99-6 that is pending on that date may be prosecuted,
6defended, or continued by the Commission.
7    For the purposes of Section 9b of the State Finance Act,
8the Illinois State Police Department is the successor to the
9Commission with respect to the rights, duties, powers, and
10functions transferred by Public Act 99-6.
11    (d) The Illinois State Police Department is authorized to
12enter into an intergovernmental agreement with the Commission
13for the purpose of having the Commission assist the Illinois
14State Police Department and the Statewide 9-1-1 Administrator
15in carrying out their duties and functions under this Act. The
16agreement may provide for funding for the Commission for its
17assistance to the Illinois State Police Department and the
18Statewide 9-1-1 Administrator.
19(Source: P.A. 99-6, eff. 6-29-15; 99-642, eff. 7-28-16;
20100-20, eff. 7-1-17.)
 
21    (50 ILCS 750/80)
22    (Section scheduled to be repealed on December 31, 2021)
23    Sec. 80. Continuation of Act; validation.
24    (a) The General Assembly finds and declares that this
25amendatory Act of the 100th General Assembly manifests the

 

 

HB3655- 611 -LRB102 16922 WGH 22334 b

1intention of the General Assembly to extend the repeal of this
2Act and have this Act continue in effect until December 31,
32020.
4    (b) This Section shall be deemed to have been in
5continuous effect since July 1, 2017 and it shall continue to
6be in effect henceforward until it is otherwise lawfully
7repealed. All previously enacted amendments to this Act taking
8effect on or after July 1, 2017, are hereby validated. All
9actions taken in reliance on or under this Act by the Illinois
10Department of State Police or any other person or entity are
11hereby validated.
12    (c) In order to ensure the continuing effectiveness of
13this Act, it is set forth in full and reenacted by this
14amendatory Act of the 100th General Assembly. Striking and
15underscoring are used only to show changes being made to the
16base text. This reenactment is intended as a continuation of
17this Act. It is not intended to supersede any amendment to this
18Act that is enacted by the 100th General Assembly.
19(Source: P.A. 100-20, eff. 7-1-17.)
 
20    Section 425. The Prepaid Wireless 9-1-1 Surcharge Act is
21amended by changing Section 20 as follows:
 
22    (50 ILCS 753/20)
23    Sec. 20. Administration of prepaid wireless 9-1-1
24surcharge.

 

 

HB3655- 612 -LRB102 16922 WGH 22334 b

1    (a) In the administration and enforcement of this Act, the
2provisions of Sections 2a, 2b, 2c, 3, 4, 5, 5a, 5b, 5c, 5d, 5e,
35f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 7, 8, 9, 10, 11, and 12 of the
4Retailers' Occupation Tax Act that are not inconsistent with
5this Act, and Section 3-7 of the Uniform Penalty and Interest
6Act shall apply, as far as practicable, to the subject matter
7of this Act to the same extent as if those provisions were
8included in this Act. References to "taxes" in these
9incorporated Sections shall be construed to apply to the
10administration, payment, and remittance of all surcharges
11under this Act. The Department shall establish registration
12and payment procedures that substantially coincide with the
13registration and payment procedures that apply to the
14Retailers' Occupation Tax Act.
15    (b) A seller shall be permitted to deduct and retain 3% of
16prepaid wireless 9-1-1 surcharges that are collected by the
17seller from consumers and that are remitted and timely filed
18with the Department. Beginning January 1, 2018, the seller is
19allowed to deduct and retain a portion of the prepaid wireless
209-1-1 surcharges as authorized by this subsection only if the
21return is filed electronically as provided in Section 3 of the
22Retailers' Occupation Tax Act. Sellers who demonstrate that
23they do not have access to the Internet or demonstrate
24hardship in filing electronically may petition the Department
25to waive the electronic filing requirement.
26    (c) Other than the amounts for deposit into the Municipal

 

 

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1Wireless Service Emergency Fund, the Department shall pay to
2the State Treasurer all prepaid wireless E911 charges,
3penalties, and interest collected under this Act for deposit
4into the Statewide 9-1-1 Fund. On or before the 25th day of
5each calendar month, the Department shall prepare and certify
6to the Comptroller the amount available to the Illinois
7Department of State Police for distribution out of the
8Statewide 9-1-1 Fund. The amount certified shall be the amount
9(not including credit memoranda) collected during the second
10preceding calendar month by the Department plus an amount the
11Department determines is necessary to offset any amounts which
12were erroneously paid to a different taxing body. The amount
13paid to the Statewide 9-1-1 Fund shall not include any amount
14equal to the amount of refunds made during the second
15preceding calendar month by the Department of Revenue to
16retailers under this Act or any amount that the Department
17determines is necessary to offset any amounts which were
18payable to a different taxing body but were erroneously paid
19to the Statewide 9-1-1 Fund. The Illinois Department of State
20Police shall distribute the funds in accordance with Section
2130 of the Emergency Telephone Safety Act. The Department may
22deduct an amount, not to exceed 2% of remitted charges, to be
23transferred into the Tax Compliance and Administration Fund to
24reimburse the Department for its direct costs of administering
25the collection and remittance of prepaid wireless 9-1-1
26surcharges.

 

 

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1    (d) The Department shall administer the collection of all
29-1-1 surcharges and may adopt and enforce reasonable rules
3relating to the administration and enforcement of the
4provisions of this Act as may be deemed expedient. The
5Department shall require all surcharges collected under this
6Act to be reported on existing forms or combined forms,
7including, but not limited to, Form ST-1. Any overpayments
8received by the Department for liabilities reported on
9existing or combined returns shall be applied as an
10overpayment of retailers' occupation tax, use tax, service
11occupation tax, or service use tax liability.
12    (e) If a home rule municipality having a population in
13excess of 500,000 as of the effective date of this amendatory
14Act of the 97th General Assembly imposes an E911 surcharge
15under subsection (a-5) of Section 15 of this Act, then the
16Department shall pay to the State Treasurer all prepaid
17wireless E911 charges, penalties, and interest collected for
18deposit into the Municipal Wireless Service Emergency Fund.
19All deposits into the Municipal Wireless Service Emergency
20Fund shall be held by the State Treasurer as ex officio
21custodian apart from all public moneys or funds of this State.
22Any interest attributable to moneys in the Fund must be
23deposited into the Fund. Moneys in the Municipal Wireless
24Service Emergency Fund are not subject to appropriation. On or
25before the 25th day of each calendar month, the Department
26shall prepare and certify to the Comptroller the amount

 

 

HB3655- 615 -LRB102 16922 WGH 22334 b

1available for disbursement to the home rule municipality out
2of the Municipal Wireless Service Emergency Fund. The amount
3to be paid to the Municipal Wireless Service Emergency Fund
4shall be the amount (not including credit memoranda) collected
5during the second preceding calendar month by the Department
6plus an amount the Department determines is necessary to
7offset any amounts which were erroneously paid to a different
8taxing body. The amount paid to the Municipal Wireless Service
9Emergency Fund shall not include any amount equal to the
10amount of refunds made during the second preceding calendar
11month by the Department to retailers under this Act or any
12amount that the Department determines is necessary to offset
13any amounts which were payable to a different taxing body but
14were erroneously paid to the Municipal Wireless Service
15Emergency Fund. Within 10 days after receipt by the
16Comptroller of the certification provided for in this
17subsection, the Comptroller shall cause the orders to be drawn
18for the respective amounts in accordance with the directions
19in the certification. The Department may deduct an amount, not
20to exceed 2% of remitted charges, to be transferred into the
21Tax Compliance and Administration Fund to reimburse the
22Department for its direct costs of administering the
23collection and remittance of prepaid wireless 9-1-1
24surcharges.
25(Source: P.A. 99-6, eff. 1-1-16; 100-303, eff. 8-24-17.)
 

 

 

HB3655- 616 -LRB102 16922 WGH 22334 b

1    Section 430. The Counties Code is amended by changing
2Section 3-3013 as follows:
 
3    (55 ILCS 5/3-3013)  (from Ch. 34, par. 3-3013)
4    Sec. 3-3013. Preliminary investigations; blood and urine
5analysis; summoning jury; reports. Every coroner, whenever,
6as soon as he knows or is informed that the dead body of any
7person is found, or lying within his county, whose death is
8suspected of being:
9        (a) A sudden or violent death, whether apparently
10    suicidal, homicidal or accidental, including but not
11    limited to deaths apparently caused or contributed to by
12    thermal, traumatic, chemical, electrical or radiational
13    injury, or a complication of any of them, or by drowning or
14    suffocation, or as a result of domestic violence as
15    defined in the Illinois Domestic Violence Act of 1986;
16        (b) A death due to a sex crime;
17        (c) A death where the circumstances are suspicious,
18    obscure, mysterious or otherwise unexplained or where, in
19    the written opinion of the attending physician, the cause
20    of death is not determined;
21        (d) A death where addiction to alcohol or to any drug
22    may have been a contributory cause; or
23        (e) A death where the decedent was not attended by a
24    licensed physician;
25shall go to the place where the dead body is, and take charge

 

 

HB3655- 617 -LRB102 16922 WGH 22334 b

1of the same and shall make a preliminary investigation into
2the circumstances of the death. In the case of death without
3attendance by a licensed physician the body may be moved with
4the coroner's consent from the place of death to a mortuary in
5the same county. Coroners in their discretion shall notify
6such physician as is designated in accordance with Section
73-3014 to attempt to ascertain the cause of death, either by
8autopsy or otherwise.
9    In cases of accidental death involving a motor vehicle in
10which the decedent was (1) the operator or a suspected
11operator of a motor vehicle, or (2) a pedestrian 16 years of
12age or older, the coroner shall require that a blood specimen
13of at least 30 cc., and if medically possible a urine specimen
14of at least 30 cc. or as much as possible up to 30 cc., be
15withdrawn from the body of the decedent in a timely fashion
16after the accident causing his death, by such physician as has
17been designated in accordance with Section 3-3014, or by the
18coroner or deputy coroner or a qualified person designated by
19such physician, coroner, or deputy coroner. If the county does
20not maintain laboratory facilities for making such analysis,
21the blood and urine so drawn shall be sent to the Illinois
22Department of State Police or any other accredited or
23State-certified laboratory for analysis of the alcohol, carbon
24monoxide, and dangerous or narcotic drug content of such blood
25and urine specimens. Each specimen submitted shall be
26accompanied by pertinent information concerning the decedent

 

 

HB3655- 618 -LRB102 16922 WGH 22334 b

1upon a form prescribed by such laboratory. Any person drawing
2blood and urine and any person making any examination of the
3blood and urine under the terms of this Division shall be
4immune from all liability, civil or criminal, that might
5otherwise be incurred or imposed.
6    In all other cases coming within the jurisdiction of the
7coroner and referred to in subparagraphs (a) through (e)
8above, blood, and whenever possible, urine samples shall be
9analyzed for the presence of alcohol and other drugs. When the
10coroner suspects that drugs may have been involved in the
11death, either directly or indirectly, a toxicological
12examination shall be performed which may include analyses of
13blood, urine, bile, gastric contents and other tissues. When
14the coroner suspects a death is due to toxic substances, other
15than drugs, the coroner shall consult with the toxicologist
16prior to collection of samples. Information submitted to the
17toxicologist shall include information as to height, weight,
18age, sex and race of the decedent as well as medical history,
19medications used by and the manner of death of decedent.
20    When the coroner or medical examiner finds that the cause
21of death is due to homicidal means, the coroner or medical
22examiner shall cause blood and buccal specimens (tissue may be
23submitted if no uncontaminated blood or buccal specimen can be
24obtained), whenever possible, to be withdrawn from the body of
25the decedent in a timely fashion. For proper preservation of
26the specimens, collected blood and buccal specimens shall be

 

 

HB3655- 619 -LRB102 16922 WGH 22334 b

1dried and tissue specimens shall be frozen if available
2equipment exists. As soon as possible, but no later than 30
3days after the collection of the specimens, the coroner or
4medical examiner shall release those specimens to the police
5agency responsible for investigating the death. As soon as
6possible, but no later than 30 days after the receipt from the
7coroner or medical examiner, the police agency shall submit
8the specimens using the agency case number to a National DNA
9Index System (NDIS) participating laboratory within this
10State, such as the Illinois Department of State Police,
11Division of Forensic Services, for analysis and categorizing
12into genetic marker groupings. The results of the analysis and
13categorizing into genetic marker groupings shall be provided
14to the Illinois Department of State Police and shall be
15maintained by the Illinois Department of State Police in the
16State central repository in the same manner, and subject to
17the same conditions, as provided in Section 5-4-3 of the
18Unified Code of Corrections. The requirements of this
19paragraph are in addition to any other findings, specimens, or
20information that the coroner or medical examiner is required
21to provide during the conduct of a criminal investigation.
22    In all counties, in cases of apparent suicide, homicide,
23or accidental death or in other cases, within the discretion
24of the coroner, the coroner may summon 8 persons of lawful age
25from those persons drawn for petit jurors in the county. The
26summons shall command these persons to present themselves

 

 

HB3655- 620 -LRB102 16922 WGH 22334 b

1personally at such a place and time as the coroner shall
2determine, and may be in any form which the coroner shall
3determine and may incorporate any reasonable form of request
4for acknowledgment acknowledgement which the coroner deems
5practical and provides a reliable proof of service. The
6summons may be served by first class mail. From the 8 persons
7so summoned, the coroner shall select 6 to serve as the jury
8for the inquest. Inquests may be continued from time to time,
9as the coroner may deem necessary. The 6 jurors selected in a
10given case may view the body of the deceased. If at any
11continuation of an inquest one or more of the original jurors
12shall be unable to continue to serve, the coroner shall fill
13the vacancy or vacancies. A juror serving pursuant to this
14paragraph shall receive compensation from the county at the
15same rate as the rate of compensation that is paid to petit or
16grand jurors in the county. The coroner shall furnish to each
17juror without fee at the time of his discharge a certificate of
18the number of days in attendance at an inquest, and, upon being
19presented with such certificate, the county treasurer shall
20pay to the juror the sum provided for his services.
21    In counties which have a jury commission, in cases of
22apparent suicide or homicide or of accidental death, the
23coroner may conduct an inquest. The jury commission shall
24provide at least 8 jurors to the coroner, from whom the coroner
25shall select any 6 to serve as the jury for the inquest.
26Inquests may be continued from time to time as the coroner may

 

 

HB3655- 621 -LRB102 16922 WGH 22334 b

1deem necessary. The 6 jurors originally chosen in a given case
2may view the body of the deceased. If at any continuation of an
3inquest one or more of the 6 jurors originally chosen shall be
4unable to continue to serve, the coroner shall fill the
5vacancy or vacancies. At the coroner's discretion, additional
6jurors to fill such vacancies shall be supplied by the jury
7commission. A juror serving pursuant to this paragraph in such
8county shall receive compensation from the county at the same
9rate as the rate of compensation that is paid to petit or grand
10jurors in the county.
11    In every case in which a fire is determined to be a
12contributing factor in a death, the coroner shall report the
13death to the Office of the State Fire Marshal. The coroner
14shall provide a copy of the death certificate (i) within 30
15days after filing the permanent death certificate and (ii) in
16a manner that is agreed upon by the coroner and the State Fire
17Marshal.
18    In every case in which a drug overdose is determined to be
19the cause or a contributing factor in the death, the coroner or
20medical examiner shall report the death to the Department of
21Public Health. The Department of Public Health shall adopt
22rules regarding specific information that must be reported in
23the event of such a death. If possible, the coroner shall
24report the cause of the overdose. As used in this Section,
25"overdose" has the same meaning as it does in Section 414 of
26the Illinois Controlled Substances Act. The Department of

 

 

HB3655- 622 -LRB102 16922 WGH 22334 b

1Public Health shall issue a semiannual report to the General
2Assembly summarizing the reports received. The Department
3shall also provide on its website a monthly report of overdose
4death figures organized by location, age, and any other
5factors, the Department deems appropriate.
6    In addition, in every case in which domestic violence is
7determined to be a contributing factor in a death, the coroner
8shall report the death to the Illinois Department of State
9Police.
10    All deaths in State institutions and all deaths of wards
11of the State or youth in care as defined in Section 4d of the
12Children and Family Services Act in private care facilities or
13in programs funded by the Department of Human Services under
14its powers relating to mental health and developmental
15disabilities or alcoholism and substance abuse or funded by
16the Department of Children and Family Services shall be
17reported to the coroner of the county in which the facility is
18located. If the coroner has reason to believe that an
19investigation is needed to determine whether the death was
20caused by maltreatment or negligent care of the ward of the
21State or youth in care as defined in Section 4d of the Children
22and Family Services Act, the coroner may conduct a preliminary
23investigation of the circumstances of such death as in cases
24of death under circumstances set forth in paragraphs (a)
25through (e) of this Section.
26(Source: P.A. 100-159, eff. 8-18-17; 101-13, eff. 6-12-19.)
 

 

 

HB3655- 623 -LRB102 16922 WGH 22334 b

1    Section 435. The Illinois Municipal Code is amended by
2changing Sections 10-1-7.1, 10-2.1-6, 10-2.1-6.1, 10-2.1-6.2,
310-2.1-6.3, and 11-32-1 as follows:
 
4    (65 ILCS 5/10-1-7.1)
5    Sec. 10-1-7.1. Original appointments; full-time fire
6department.
7    (a) Applicability. Unless a commission elects to follow
8the provisions of Section 10-1-7.2, this Section shall apply
9to all original appointments to an affected full-time fire
10department. Existing registers of eligibles shall continue to
11be valid until their expiration dates, or up to a maximum of 2
12years after August 4, 2011 (the effective date of Public Act
1397-251) this amendatory Act of the 97th General Assembly.
14    Notwithstanding any statute, ordinance, rule, or other law
15to the contrary, all original appointments to an affected
16department to which this Section applies shall be administered
17in the manner provided for in this Section. Provisions of the
18Illinois Municipal Code, municipal ordinances, and rules
19adopted pursuant to such authority and other laws relating to
20initial hiring of firefighters in affected departments shall
21continue to apply to the extent they are compatible with this
22Section, but in the event of a conflict between this Section
23and any other law, this Section shall control.
24    A home rule or non-home rule municipality may not

 

 

HB3655- 624 -LRB102 16922 WGH 22334 b

1administer its fire department process for original
2appointments in a manner that is less stringent than this
3Section. This Section is a limitation under subsection (i) of
4Section 6 of Article VII of the Illinois Constitution on the
5concurrent exercise by home rule units of the powers and
6functions exercised by the State.
7    A municipality that is operating under a court order or
8consent decree regarding original appointments to a full-time
9fire department before August 4, 2011 (the effective date of
10Public Act 97-251) this amendatory Act of the 97th General
11Assembly is exempt from the requirements of this Section for
12the duration of the court order or consent decree.
13    Notwithstanding any other provision of this subsection
14(a), this Section does not apply to a municipality with more
15than 1,000,000 inhabitants.
16    (b) Original appointments. All original appointments made
17to an affected fire department shall be made from a register of
18eligibles established in accordance with the processes
19established by this Section. Only persons who meet or exceed
20the performance standards required by this Section shall be
21placed on a register of eligibles for original appointment to
22an affected fire department.
23    Whenever an appointing authority authorizes action to hire
24a person to perform the duties of a firefighter or to hire a
25firefighter-paramedic to fill a position that is a new
26position or vacancy due to resignation, discharge, promotion,

 

 

HB3655- 625 -LRB102 16922 WGH 22334 b

1death, the granting of a disability or retirement pension, or
2any other cause, the appointing authority shall appoint to
3that position the person with the highest ranking on the final
4eligibility list. If the appointing authority has reason to
5conclude that the highest ranked person fails to meet the
6minimum standards for the position or if the appointing
7authority believes an alternate candidate would better serve
8the needs of the department, then the appointing authority has
9the right to pass over the highest ranked person and appoint
10either: (i) any person who has a ranking in the top 5% of the
11register of eligibles or (ii) any person who is among the top 5
12highest ranked persons on the list of eligibles if the number
13of people who have a ranking in the top 5% of the register of
14eligibles is less than 5 people.
15    Any candidate may pass on an appointment once without
16losing his or her position on the register of eligibles. Any
17candidate who passes a second time may be removed from the list
18by the appointing authority provided that such action shall
19not prejudice a person's opportunities to participate in
20future examinations, including an examination held during the
21time a candidate is already on the municipality's register of
22eligibles.
23    The sole authority to issue certificates of appointment
24shall be vested in the Civil Service Commission. All
25certificates of appointment issued to any officer or member of
26an affected department shall be signed by the chairperson and

 

 

HB3655- 626 -LRB102 16922 WGH 22334 b

1secretary, respectively, of the commission upon appointment of
2such officer or member to the affected department by the
3commission. After being selected from the register of
4eligibles to fill a vacancy in the affected department, each
5appointee shall be presented with his or her certificate of
6appointment on the day on which he or she is sworn in as a
7classified member of the affected department. Firefighters who
8were not issued a certificate of appointment when originally
9appointed shall be provided with a certificate within 10 days
10after making a written request to the chairperson of the Civil
11Service Commission. Each person who accepts a certificate of
12appointment and successfully completes his or her probationary
13period shall be enrolled as a firefighter and as a regular
14member of the fire department.
15    For the purposes of this Section, "firefighter" means any
16person who has been prior to, on, or after August 4, 2011 (the
17effective date of Public Act 97-251) this amendatory Act of
18the 97th General Assembly appointed to a fire department or
19fire protection district or employed by a State university and
20sworn or commissioned to perform firefighter duties or
21paramedic duties, or both, except that the following persons
22are not included: part-time firefighters; auxiliary, reserve,
23or voluntary firefighters, including paid-on-call
24firefighters; clerks and dispatchers or other civilian
25employees of a fire department or fire protection district who
26are not routinely expected to perform firefighter duties; and

 

 

HB3655- 627 -LRB102 16922 WGH 22334 b

1elected officials.
2    (c) Qualification for placement on register of eligibles.
3The purpose of establishing a register of eligibles is to
4identify applicants who possess and demonstrate the mental
5aptitude and physical ability to perform the duties required
6of members of the fire department in order to provide the
7highest quality of service to the public. To this end, all
8applicants for original appointment to an affected fire
9department shall be subject to examination and testing which
10shall be public, competitive, and open to all applicants
11unless the municipality shall by ordinance limit applicants to
12residents of the municipality, county or counties in which the
13municipality is located, State, or nation. Any examination and
14testing procedure utilized under subsection (e) of this
15Section shall be supported by appropriate validation evidence
16and shall comply with all applicable State and federal laws.
17Municipalities may establish educational, emergency medical
18service licensure, and other prerequisites prerequites for
19participation in an examination or for hire as a firefighter.
20Any municipality may charge a fee to cover the costs of the
21application process.
22    Residency requirements in effect at the time an individual
23enters the fire service of a municipality cannot be made more
24restrictive for that individual during his or her period of
25service for that municipality, or be made a condition of
26promotion, except for the rank or position of fire chief and

 

 

HB3655- 628 -LRB102 16922 WGH 22334 b

1for no more than 2 positions that rank immediately below that
2of the chief rank which are appointed positions pursuant to
3the Fire Department Promotion Act.
4    No person who is 35 years of age or older shall be eligible
5to take an examination for a position as a firefighter unless
6the person has had previous employment status as a firefighter
7in the regularly constituted fire department of the
8municipality, except as provided in this Section. The age
9limitation does not apply to:
10        (1) any person previously employed as a full-time
11    firefighter in a regularly constituted fire department of
12    (i) any municipality or fire protection district located
13    in Illinois, (ii) a fire protection district whose
14    obligations were assumed by a municipality under Section
15    21 of the Fire Protection District Act, or (iii) a
16    municipality whose obligations were taken over by a fire
17    protection district,
18        (2) any person who has served a municipality as a
19    regularly enrolled volunteer, paid-on-call, or part-time
20    firefighter for the 5 years immediately preceding the time
21    that the municipality begins to use full-time firefighters
22    to provide all or part of its fire protection service, or
23        (3) any person who turned 35 while serving as a member
24    of the active or reserve components of any of the branches
25    of the Armed Forces of the United States or the National
26    Guard of any state, whose service was characterized as

 

 

HB3655- 629 -LRB102 16922 WGH 22334 b

1    honorable or under honorable, if separated from the
2    military, and is currently under the age of 40.
3    No person who is under 21 years of age shall be eligible
4for employment as a firefighter.
5    No applicant shall be examined concerning his or her
6political or religious opinions or affiliations. The
7examinations shall be conducted by the commissioners of the
8municipality or their designees and agents.
9    No municipality shall require that any firefighter
10appointed to the lowest rank serve a probationary employment
11period of longer than one year of actual active employment,
12which may exclude periods of training, or injury or illness
13leaves, including duty related leave, in excess of 30 calendar
14days. Notwithstanding anything to the contrary in this
15Section, the probationary employment period limitation may be
16extended for a firefighter who is required, as a condition of
17employment, to be a licensed paramedic, during which time the
18sole reason that a firefighter may be discharged without a
19hearing is for failing to meet the requirements for paramedic
20licensure.
21    In the event that any applicant who has been found
22eligible for appointment and whose name has been placed upon
23the final eligibility register provided for in this Division 1
24has not been appointed to a firefighter position within one
25year after the date of his or her physical ability
26examination, the commission may cause a second examination to

 

 

HB3655- 630 -LRB102 16922 WGH 22334 b

1be made of that applicant's physical ability prior to his or
2her appointment. If, after the second examination, the
3physical ability of the applicant shall be found to be less
4than the minimum standard fixed by the rules of the
5commission, the applicant shall not be appointed. The
6applicant's name may be retained upon the register of
7candidates eligible for appointment and when next reached for
8certification and appointment that applicant may be again
9examined as provided in this Section, and if the physical
10ability of that applicant is found to be less than the minimum
11standard fixed by the rules of the commission, the applicant
12shall not be appointed, and the name of the applicant shall be
13removed from the register.
14    (d) Notice, examination, and testing components. Notice of
15the time, place, general scope, merit criteria for any
16subjective component, and fee of every examination shall be
17given by the commission, by a publication at least 2 weeks
18preceding the examination: (i) in one or more newspapers
19published in the municipality, or if no newspaper is published
20therein, then in one or more newspapers with a general
21circulation within the municipality, or (ii) on the
22municipality's Internet website. Additional notice of the
23examination may be given as the commission shall prescribe.
24    The examination and qualifying standards for employment of
25firefighters shall be based on: mental aptitude, physical
26ability, preferences, moral character, and health. The mental

 

 

HB3655- 631 -LRB102 16922 WGH 22334 b

1aptitude, physical ability, and preference components shall
2determine an applicant's qualification for and placement on
3the final register of eligibles. The examination may also
4include a subjective component based on merit criteria as
5determined by the commission. Scores from the examination must
6be made available to the public.
7    (e) Mental aptitude. No person who does not possess at
8least a high school diploma or an equivalent high school
9education shall be placed on a register of eligibles.
10Examination of an applicant's mental aptitude shall be based
11upon a written examination. The examination shall be practical
12in character and relate to those matters that fairly test the
13capacity of the persons examined to discharge the duties
14performed by members of a fire department. Written
15examinations shall be administered in a manner that ensures
16the security and accuracy of the scores achieved.
17    (f) Physical ability. All candidates shall be required to
18undergo an examination of their physical ability to perform
19the essential functions included in the duties they may be
20called upon to perform as a member of a fire department. For
21the purposes of this Section, essential functions of the job
22are functions associated with duties that a firefighter may be
23called upon to perform in response to emergency calls. The
24frequency of the occurrence of those duties as part of the fire
25department's regular routine shall not be a controlling factor
26in the design of examination criteria or evolutions selected

 

 

HB3655- 632 -LRB102 16922 WGH 22334 b

1for testing. These physical examinations shall be open,
2competitive, and based on industry standards designed to test
3each applicant's physical abilities in the following
4dimensions:
5        (1) Muscular strength to perform tasks and evolutions
6    that may be required in the performance of duties
7    including grip strength, leg strength, and arm strength.
8    Tests shall be conducted under anaerobic as well as
9    aerobic conditions to test both the candidate's speed and
10    endurance in performing tasks and evolutions. Tasks tested
11    may be based on standards developed, or approved, by the
12    local appointing authority.
13        (2) The ability to climb ladders, operate from
14    heights, walk or crawl in the dark along narrow and uneven
15    surfaces, and operate in proximity to hazardous
16    environments.
17        (3) The ability to carry out critical, time-sensitive,
18    and complex problem solving during physical exertion in
19    stressful and hazardous environments. The testing
20    environment may be hot and dark with tightly enclosed
21    spaces, flashing lights, sirens, and other distractions.
22    The tests utilized to measure each applicant's
23capabilities in each of these dimensions may be tests based on
24industry standards currently in use or equivalent tests
25approved by the Joint Labor-Management Committee of the Office
26of the State Fire Marshal.

 

 

HB3655- 633 -LRB102 16922 WGH 22334 b

1    Physical ability examinations administered under this
2Section shall be conducted with a reasonable number of
3proctors and monitors, open to the public, and subject to
4reasonable regulations of the commission.
5    (g) Scoring of examination components. Appointing
6authorities may create a preliminary eligibility register. A
7person shall be placed on the list based upon his or her
8passage of the written examination or the passage of the
9written examination and the physical ability component.
10Passage of the written examination means attaining the minimum
11score set by the commission. Minimum scores should be set by
12the commission so as to demonstrate a candidate's ability to
13perform the essential functions of the job. The minimum score
14set by the commission shall be supported by appropriate
15validation evidence and shall comply with all applicable State
16and federal laws. The appointing authority may conduct the
17physical ability component and any subjective components
18subsequent to the posting of the preliminary eligibility
19register.
20    The examination components for an initial eligibility
21register shall be graded on a 100-point scale. A person's
22position on the list shall be determined by the following: (i)
23the person's score on the written examination, (ii) the person
24successfully passing the physical ability component, and (iii)
25the person's results on any subjective component as described
26in subsection (d).

 

 

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1    In order to qualify for placement on the final eligibility
2register, an applicant's score on the written examination,
3before any applicable preference points or subjective points
4are applied, shall be at or above the minimum score set by the
5commission. The local appointing authority may prescribe the
6score to qualify for placement on the final eligibility
7register, but the score shall not be less than the minimum
8score set by the commission.
9    The commission shall prepare and keep a register of
10persons whose total score is not less than the minimum score
11for passage and who have passed the physical ability
12examination. These persons shall take rank upon the register
13as candidates in the order of their relative excellence based
14on the highest to the lowest total points scored on the mental
15aptitude, subjective component, and preference components of
16the test administered in accordance with this Section. No more
17than 60 days after each examination, an initial eligibility
18list shall be posted by the commission. The list shall include
19the final grades of the candidates without reference to
20priority of the time of examination and subject to claim for
21preference credit.
22    Commissions may conduct additional examinations, including
23without limitation a polygraph test, after a final eligibility
24register is established and before it expires with the
25candidates ranked by total score without regard to date of
26examination. No more than 60 days after each examination, an

 

 

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1initial eligibility list shall be posted by the commission
2showing the final grades of the candidates without reference
3to priority of time of examination and subject to claim for
4preference credit.
5    (h) Preferences. The following are preferences:
6        (1) Veteran preference. Persons who were engaged in
7    the military service of the United States for a period of
8    at least one year of active duty and who were honorably
9    discharged therefrom, or who are now or have been members
10    on inactive or reserve duty in such military or naval
11    service, shall be preferred for appointment to and
12    employment with the fire department of an affected
13    department.
14        (2) Fire cadet preference. Persons who have
15    successfully completed 2 years of study in fire techniques
16    or cadet training within a cadet program established under
17    the rules of the Joint Labor and Management Committee
18    (JLMC), as defined in Section 50 of the Fire Department
19    Promotion Act, may be preferred for appointment to and
20    employment with the fire department.
21        (3) Educational preference. Persons who have
22    successfully obtained an associate's degree in the field
23    of fire service or emergency medical services, or a
24    bachelor's degree from an accredited college or university
25    may be preferred for appointment to and employment with
26    the fire department.

 

 

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1        (4) Paramedic preference. Persons who have obtained a
2    license as a paramedic may be preferred for appointment to
3    and employment with the fire department of an affected
4    department providing emergency medical services.
5        (5) Experience preference. All persons employed by a
6    municipality who have been paid-on-call or part-time
7    certified Firefighter II, certified Firefighter III, State
8    of Illinois or nationally licensed EMT, EMT-I, A-EMT, or
9    paramedic, or any combination of those capacities may be
10    awarded up to a maximum of 5 points. However, the
11    applicant may not be awarded more than 0.5 points for each
12    complete year of paid-on-call or part-time service.
13    Applicants from outside the municipality who were employed
14    as full-time firefighters or firefighter-paramedics by a
15    fire protection district or another municipality may be
16    awarded up to 5 experience preference points. However, the
17    applicant may not be awarded more than one point for each
18    complete year of full-time service.
19        Upon request by the commission, the governing body of
20    the municipality or in the case of applicants from outside
21    the municipality the governing body of any fire protection
22    district or any other municipality shall certify to the
23    commission, within 10 days after the request, the number
24    of years of successful paid-on-call, part-time, or
25    full-time service of any person. A candidate may not
26    receive the full amount of preference points under this

 

 

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1    subsection if the amount of points awarded would place the
2    candidate before a veteran on the eligibility list. If
3    more than one candidate receiving experience preference
4    points is prevented from receiving all of their points due
5    to not being allowed to pass a veteran, the candidates
6    shall be placed on the list below the veteran in rank order
7    based on the totals received if all points under this
8    subsection were to be awarded. Any remaining ties on the
9    list shall be determined by lot.
10        (6) Residency preference. Applicants whose principal
11    residence is located within the fire department's
12    jurisdiction may be preferred for appointment to and
13    employment with the fire department.
14        (7) Additional preferences. Up to 5 additional
15    preference points may be awarded for unique categories
16    based on an applicant's experience or background as
17    identified by the commission.
18        (7.5) Apprentice preferences. A person who has
19    performed fire suppression service for a department as a
20    firefighter apprentice and otherwise meets meet the
21    qualifications for original appointment as a firefighter
22    specified in this Section may be awarded up to 20
23    preference points. To qualify for preference points, an
24    applicant shall have completed a minimum of 600 hours of
25    fire suppression work on a regular shift for the affected
26    fire department over a 12-month period. The fire

 

 

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1    suppression work must be in accordance with Section
2    10-1-14 of this Division and the terms established by a
3    Joint Apprenticeship Committee included in a collective
4    bargaining agreement agreed between the employer and its
5    certified bargaining agent. An eligible applicant must
6    apply to the Joint Apprenticeship Committee for preference
7    points under this item. The Joint Apprenticeship Committee
8    shall evaluate the merit of the applicant's performance,
9    determine the preference points to be awarded, and certify
10    the amount of points awarded to the commissioners. The
11    commissioners may add the certified preference points to
12    the final grades achieved by the applicant on the other
13    components of the examination.
14        (8) Scoring of preferences. The commission shall give
15    preference for original appointment to persons designated
16    in item (1) by adding to the final grade that they receive
17    5 points for the recognized preference achieved. The
18    commission may give preference for original appointment to
19    persons designated in item (7.5) by adding to the final
20    grade the amount of points designated by the Joint
21    Apprenticeship Committee as defined in item (7.5). The
22    commission shall determine the number of preference points
23    for each category, except (1) and (7.5). The number of
24    preference points for each category shall range from 0 to
25    5, except item (7.5). In determining the number of
26    preference points, the commission shall prescribe that if

 

 

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1    a candidate earns the maximum number of preference points
2    in all categories except item (7.5), that number may not
3    be less than 10 nor more than 30. The commission shall give
4    preference for original appointment to persons designated
5    in items (2) through (7) by adding the requisite number of
6    points to the final grade for each recognized preference
7    achieved. The numerical result thus attained shall be
8    applied by the commission in determining the final
9    eligibility list and appointment from the eligibility
10    list. The local appointing authority may prescribe the
11    total number of preference points awarded under this
12    Section, but the total number of preference points, except
13    item (7.5), shall not be less than 10 points or more than
14    30 points. Apprentice preference points may be added in
15    addition to other preference points awarded by the
16    commission.
17    No person entitled to any preference shall be required to
18claim the credit before any examination held under the
19provisions of this Section, but the preference shall be given
20after the posting or publication of the initial eligibility
21list or register at the request of a person entitled to a
22credit before any certification or appointments are made from
23the eligibility register, upon the furnishing of verifiable
24evidence and proof of qualifying preference credit. Candidates
25who are eligible for preference credit shall make a claim in
26writing within 10 days after the posting of the initial

 

 

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1eligibility list, or the claim shall be deemed waived. Final
2eligibility registers shall be established after the awarding
3of verified preference points. However, apprentice preference
4credit earned subsequent to the establishment of the final
5eligibility register may be applied to the applicant's score
6upon certification by the Joint Apprenticeship Committee to
7the commission and the rank order of candidates on the final
8eligibility register shall be adjusted accordingly. All
9employment shall be subject to the commission's initial hire
10background review including, but not limited to, criminal
11history, employment history, moral character, oral
12examination, and medical and psychological examinations, all
13on a pass-fail basis. The medical and psychological
14examinations must be conducted last, and may only be performed
15after a conditional offer of employment has been extended.
16    Any person placed on an eligibility list who exceeds the
17age requirement before being appointed to a fire department
18shall remain eligible for appointment until the list is
19abolished, or his or her name has been on the list for a period
20of 2 years. No person who has attained the age of 35 years
21shall be inducted into a fire department, except as otherwise
22provided in this Section.
23    The commission shall strike off the names of candidates
24for original appointment after the names have been on the list
25for more than 2 years.
26    (i) Moral character. No person shall be appointed to a

 

 

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1fire department unless he or she is a person of good character;
2not a habitual drunkard, a gambler, or a person who has been
3convicted of a felony or a crime involving moral turpitude.
4However, no person shall be disqualified from appointment to
5the fire department because of the person's record of
6misdemeanor convictions except those under Sections 11-6,
711-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
812-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
931-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and
10subsections 1, 6, and 8 of Section 24-1 of the Criminal Code of
111961 or the Criminal Code of 2012, or arrest for any cause
12without conviction thereon. Any such person who is in the
13department may be removed on charges brought for violating
14this subsection and after a trial as hereinafter provided.
15    A classifiable set of the fingerprints of every person who
16is offered employment as a certificated member of an affected
17fire department whether with or without compensation, shall be
18furnished to the Illinois Department of State Police and to
19the Federal Bureau of Investigation by the commission.
20    Whenever a commission is authorized or required by law to
21consider some aspect of criminal history record information
22for the purpose of carrying out its statutory powers and
23responsibilities, then, upon request and payment of fees in
24conformance with the requirements of Section 2605-400 of the
25Illinois State Police Law of the Civil Administrative Code of
26Illinois, the Illinois Department of State Police is

 

 

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1authorized to furnish, pursuant to positive identification,
2the information contained in State files as is necessary to
3fulfill the request.
4    (j) Temporary appointments. In order to prevent a stoppage
5of public business, to meet extraordinary exigencies, or to
6prevent material impairment of the fire department, the
7commission may make temporary appointments, to remain in force
8only until regular appointments are made under the provisions
9of this Division, but never to exceed 60 days. No temporary
10appointment of any one person shall be made more than twice in
11any calendar year.
12    (k) A person who knowingly divulges or receives test
13questions or answers before a written examination, or
14otherwise knowingly violates or subverts any requirement of
15this Section, commits a violation of this Section and may be
16subject to charges for official misconduct.
17    A person who is the knowing recipient of test information
18in advance of the examination shall be disqualified from the
19examination or discharged from the position to which he or she
20was appointed, as applicable, and otherwise subjected to
21disciplinary actions.
22(Source: P.A. 100-252, eff. 8-22-17; 101-489, eff. 8-23-19;
23revised 11-26-19.)
 
24    (65 ILCS 5/10-2.1-6)  (from Ch. 24, par. 10-2.1-6)
25    Sec. 10-2.1-6. Examination of applicants;

 

 

HB3655- 643 -LRB102 16922 WGH 22334 b

1disqualifications.
2    (a) All applicants for a position in either the fire or
3police department of the municipality shall be under 35 years
4of age, shall be subject to an examination that shall be
5public, competitive, and open to all applicants (unless the
6council or board of trustees by ordinance limit applicants to
7electors of the municipality, county, state or nation) and
8shall be subject to reasonable limitations as to residence,
9health, habits, and moral character. The municipality may not
10charge or collect any fee from an applicant who has met all
11prequalification standards established by the municipality for
12any such position. With respect to a police department, a
13veteran shall be allowed to exceed the maximum age provision
14of this Section by the number of years served on active
15military duty, but by no more than 10 years of active military
16duty.
17    (b) Residency requirements in effect at the time an
18individual enters the fire or police service of a municipality
19(other than a municipality that has more than 1,000,000
20inhabitants) cannot be made more restrictive for that
21individual during his period of service for that municipality,
22or be made a condition of promotion, except for the rank or
23position of Fire or Police Chief.
24    (c) No person with a record of misdemeanor convictions
25except those under Sections 11-1.50, 11-6, 11-7, 11-9, 11-14,
2611-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2, 12-6, 12-15,

 

 

HB3655- 644 -LRB102 16922 WGH 22334 b

114-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1, 31-4,
231-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8, subdivisions
3(a)(1) and (a)(2)(C) of Section 11-14.3, and subsections (1),
4(6) and (8) of Section 24-1 of the Criminal Code of 1961 or the
5Criminal Code of 2012, or arrested for any cause but not
6convicted on that cause shall be disqualified from taking the
7examination to qualify for a position in the fire department
8on grounds of habits or moral character.
9    (d) The age limitation in subsection (a) does not apply
10(i) to any person previously employed as a policeman or
11fireman in a regularly constituted police or fire department
12of (I) any municipality, regardless of whether the
13municipality is located in Illinois or in another state, or
14(II) a fire protection district whose obligations were assumed
15by a municipality under Section 21 of the Fire Protection
16District Act, (ii) to any person who has served a municipality
17as a regularly enrolled volunteer fireman for 5 years
18immediately preceding the time that municipality begins to use
19full time firemen to provide all or part of its fire protection
20service, or (iii) to any person who has served as an auxiliary
21police officer under Section 3.1-30-20 for at least 5 years
22and is under 40 years of age, (iv) to any person who has served
23as a deputy under Section 3-6008 of the Counties Code and
24otherwise meets necessary training requirements, or (v) to any
25person who has served as a sworn officer as a member of the
26Illinois Department of State Police.

 

 

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1    (e) Applicants who are 20 years of age and who have
2successfully completed 2 years of law enforcement studies at
3an accredited college or university may be considered for
4appointment to active duty with the police department. An
5applicant described in this subsection (e) who is appointed to
6active duty shall not have power of arrest, nor shall the
7applicant be permitted to carry firearms, until he or she
8reaches 21 years of age.
9    (f) Applicants who are 18 years of age and who have
10successfully completed 2 years of study in fire techniques,
11amounting to a total of 4 high school credits, within the cadet
12program of a municipality may be considered for appointment to
13active duty with the fire department of any municipality.
14    (g) The council or board of trustees may by ordinance
15provide that persons residing outside the municipality are
16eligible to take the examination.
17    (h) The examinations shall be practical in character and
18relate to those matters that will fairly test the capacity of
19the persons examined to discharge the duties of the positions
20to which they seek appointment. No person shall be appointed
21to the police or fire department if he or she does not possess
22a high school diploma or an equivalent high school education.
23A board of fire and police commissioners may, by its rules,
24require police applicants to have obtained an associate's
25degree or a bachelor's degree as a prerequisite for
26employment. The examinations shall include tests of physical

 

 

HB3655- 646 -LRB102 16922 WGH 22334 b

1qualifications and health. A board of fire and police
2commissioners may, by its rules, waive portions of the
3required examination for police applicants who have previously
4been full-time sworn officers of a regular police department
5in any municipal, county, university, or State law enforcement
6agency, provided they are certified by the Illinois Law
7Enforcement Training Standards Board and have been with their
8respective law enforcement agency within the State for at
9least 2 years. No person shall be appointed to the police or
10fire department if he or she has suffered the amputation of any
11limb unless the applicant's duties will be only clerical or as
12a radio operator. No applicant shall be examined concerning
13his or her political or religious opinions or affiliations.
14The examinations shall be conducted by the board of fire and
15police commissioners of the municipality as provided in this
16Division 2.1.
17    The requirement that a police applicant possess an
18associate's degree under this subsection may be waived if one
19or more of the following applies: (1) the applicant has served
20for 24 months of honorable active duty in the United States
21Armed Forces and has not been discharged dishonorably or under
22circumstances other than honorable; (2) the applicant has
23served for 180 days of active duty in the United States Armed
24Forces in combat duty recognized by the Department of Defense
25and has not been discharged dishonorably or under
26circumstances other than honorable; or (3) the applicant has

 

 

HB3655- 647 -LRB102 16922 WGH 22334 b

1successfully received credit for a minimum of 60 credit hours
2toward a bachelor's degree from an accredited college or
3university.
4    The requirement that a police applicant possess a
5bachelor's degree under this subsection may be waived if one
6or more of the following applies: (1) the applicant has served
7for 36 months of honorable active duty in the United States
8Armed Forces and has not been discharged dishonorably or under
9circumstances other than honorable or (2) the applicant has
10served for 180 days of active duty in the United States Armed
11Forces in combat duty recognized by the Department of Defense
12and has not been discharged dishonorably or under
13circumstances other than honorable.
14    (i) No person who is classified by his local selective
15service draft board as a conscientious objector, or who has
16ever been so classified, may be appointed to the police
17department.
18    (j) No person shall be appointed to the police or fire
19department unless he or she is a person of good character and
20not an habitual drunkard, gambler, or a person who has been
21convicted of a felony or a crime involving moral turpitude. No
22person, however, shall be disqualified from appointment to the
23fire department because of his or her record of misdemeanor
24convictions except those under Sections 11-1.50, 11-6, 11-7,
2511-9, 11-14, 11-15, 11-17, 11-18, 11-19, 11-30, 11-35, 12-2,
2612-6, 12-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3,

 

 

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131-1, 31-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, and 32-8,
2subdivisions (a)(1) and (a)(2)(C) of Section 11-14.3, and
3subsections (1), (6) and (8) of Section 24-1 of the Criminal
4Code of 1961 or the Criminal Code of 2012, or arrest for any
5cause without conviction on that cause. Any such person who is
6in the department may be removed on charges brought and after a
7trial as provided in this Division 2.1.
8(Source: P.A. 100-467, eff. 9-8-17.)
 
9    (65 ILCS 5/10-2.1-6.1)  (from Ch. 24, par. 10-2.1-6.1)
10    Sec. 10-2.1-6.1. A classifiable set of the fingerprints of
11every person who is now employed, or who hereafter becomes
12employed, as a full time member of a regular fire or police
13department of any municipality in this State, whether with or
14without compensation, shall be furnished to the Illinois
15Department of State Police and to the Federal Bureau of
16Investigation by the board of fire or police commissioners or
17other appropriate appointing authority, as the case may be.
18(Source: P.A. 84-25.)
 
19    (65 ILCS 5/10-2.1-6.2)  (from Ch. 24, par. 10-2.1-6.2)
20    Sec. 10-2.1-6.2. Whenever the Board of Fire and Police
21Commissioners is authorized or required by law to consider
22some aspect of criminal history record information for the
23purpose of carrying out its statutory powers and
24responsibilities, then, upon request and payment of fees in

 

 

HB3655- 649 -LRB102 16922 WGH 22334 b

1conformance with the requirements of Section 2605-400 of the
2Illinois Department of State Police Law (20 ILCS
32605/2605-400), the Illinois Department of State Police is
4authorized to furnish, pursuant to positive identification,
5such information contained in State files as is necessary to
6fulfill the request.
7(Source: P.A. 91-239, eff. 1-1-00.)
 
8    (65 ILCS 5/10-2.1-6.3)
9    Sec. 10-2.1-6.3. Original appointments; full-time fire
10department.
11    (a) Applicability. Unless a commission elects to follow
12the provisions of Section 10-2.1-6.4, this Section shall apply
13to all original appointments to an affected full-time fire
14department. Existing registers of eligibles shall continue to
15be valid until their expiration dates, or up to a maximum of 2
16years after August 4, 2011 (the effective date of Public Act
1797-251) this amendatory Act of the 97th General Assembly.
18    Notwithstanding any statute, ordinance, rule, or other law
19to the contrary, all original appointments to an affected
20department to which this Section applies shall be administered
21in the manner provided for in this Section. Provisions of the
22Illinois Municipal Code, municipal ordinances, and rules
23adopted pursuant to such authority and other laws relating to
24initial hiring of firefighters in affected departments shall
25continue to apply to the extent they are compatible with this

 

 

HB3655- 650 -LRB102 16922 WGH 22334 b

1Section, but in the event of a conflict between this Section
2and any other law, this Section shall control.
3    A home rule or non-home rule municipality may not
4administer its fire department process for original
5appointments in a manner that is less stringent than this
6Section. This Section is a limitation under subsection (i) of
7Section 6 of Article VII of the Illinois Constitution on the
8concurrent exercise by home rule units of the powers and
9functions exercised by the State.
10    A municipality that is operating under a court order or
11consent decree regarding original appointments to a full-time
12fire department before August 4, 2011 (the effective date of
13Public Act 97-251) this amendatory Act of the 97th General
14Assembly is exempt from the requirements of this Section for
15the duration of the court order or consent decree.
16    Notwithstanding any other provision of this subsection
17(a), this Section does not apply to a municipality with more
18than 1,000,000 inhabitants.
19    (b) Original appointments. All original appointments made
20to an affected fire department shall be made from a register of
21eligibles established in accordance with the processes
22established by this Section. Only persons who meet or exceed
23the performance standards required by this Section shall be
24placed on a register of eligibles for original appointment to
25an affected fire department.
26    Whenever an appointing authority authorizes action to hire

 

 

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1a person to perform the duties of a firefighter or to hire a
2firefighter-paramedic to fill a position that is a new
3position or vacancy due to resignation, discharge, promotion,
4death, the granting of a disability or retirement pension, or
5any other cause, the appointing authority shall appoint to
6that position the person with the highest ranking on the final
7eligibility list. If the appointing authority has reason to
8conclude that the highest ranked person fails to meet the
9minimum standards for the position or if the appointing
10authority believes an alternate candidate would better serve
11the needs of the department, then the appointing authority has
12the right to pass over the highest ranked person and appoint
13either: (i) any person who has a ranking in the top 5% of the
14register of eligibles or (ii) any person who is among the top 5
15highest ranked persons on the list of eligibles if the number
16of people who have a ranking in the top 5% of the register of
17eligibles is less than 5 people.
18    Any candidate may pass on an appointment once without
19losing his or her position on the register of eligibles. Any
20candidate who passes a second time may be removed from the list
21by the appointing authority provided that such action shall
22not prejudice a person's opportunities to participate in
23future examinations, including an examination held during the
24time a candidate is already on the municipality's register of
25eligibles.
26    The sole authority to issue certificates of appointment

 

 

HB3655- 652 -LRB102 16922 WGH 22334 b

1shall be vested in the board of fire and police commissioners.
2All certificates of appointment issued to any officer or
3member of an affected department shall be signed by the
4chairperson and secretary, respectively, of the board upon
5appointment of such officer or member to the affected
6department by action of the board. After being selected from
7the register of eligibles to fill a vacancy in the affected
8department, each appointee shall be presented with his or her
9certificate of appointment on the day on which he or she is
10sworn in as a classified member of the affected department.
11Firefighters who were not issued a certificate of appointment
12when originally appointed shall be provided with a certificate
13within 10 days after making a written request to the
14chairperson of the board of fire and police commissioners.
15Each person who accepts a certificate of appointment and
16successfully completes his or her probationary period shall be
17enrolled as a firefighter and as a regular member of the fire
18department.
19    For the purposes of this Section, "firefighter" means any
20person who has been prior to, on, or after August 4, 2011 (the
21effective date of Public Act 97-251) this amendatory Act of
22the 97th General Assembly appointed to a fire department or
23fire protection district or employed by a State university and
24sworn or commissioned to perform firefighter duties or
25paramedic duties, or both, except that the following persons
26are not included: part-time firefighters; auxiliary, reserve,

 

 

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1or voluntary firefighters, including paid-on-call
2firefighters; clerks and dispatchers or other civilian
3employees of a fire department or fire protection district who
4are not routinely expected to perform firefighter duties; and
5elected officials.
6    (c) Qualification for placement on register of eligibles.
7The purpose of establishing a register of eligibles is to
8identify applicants who possess and demonstrate the mental
9aptitude and physical ability to perform the duties required
10of members of the fire department in order to provide the
11highest quality of service to the public. To this end, all
12applicants for original appointment to an affected fire
13department shall be subject to examination and testing which
14shall be public, competitive, and open to all applicants
15unless the municipality shall by ordinance limit applicants to
16residents of the municipality, county or counties in which the
17municipality is located, State, or nation. Any examination and
18testing procedure utilized under subsection (e) of this
19Section shall be supported by appropriate validation evidence
20and shall comply with all applicable State and federal laws.
21Municipalities may establish educational, emergency medical
22service licensure, and other prerequisites prerequites for
23participation in an examination or for hire as a firefighter.
24Any municipality may charge a fee to cover the costs of the
25application process.
26    Residency requirements in effect at the time an individual

 

 

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1enters the fire service of a municipality cannot be made more
2restrictive for that individual during his or her period of
3service for that municipality, or be made a condition of
4promotion, except for the rank or position of fire chief and
5for no more than 2 positions that rank immediately below that
6of the chief rank which are appointed positions pursuant to
7the Fire Department Promotion Act.
8    No person who is 35 years of age or older shall be eligible
9to take an examination for a position as a firefighter unless
10the person has had previous employment status as a firefighter
11in the regularly constituted fire department of the
12municipality, except as provided in this Section. The age
13limitation does not apply to:
14        (1) any person previously employed as a full-time
15    firefighter in a regularly constituted fire department of
16    (i) any municipality or fire protection district located
17    in Illinois, (ii) a fire protection district whose
18    obligations were assumed by a municipality under Section
19    21 of the Fire Protection District Act, or (iii) a
20    municipality whose obligations were taken over by a fire
21    protection district,
22        (2) any person who has served a municipality as a
23    regularly enrolled volunteer, paid-on-call, or part-time
24    firefighter for the 5 years immediately preceding the time
25    that the municipality begins to use full-time firefighters
26    to provide all or part of its fire protection service, or

 

 

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1        (3) any person who turned 35 while serving as a member
2    of the active or reserve components of any of the branches
3    of the Armed Forces of the United States or the National
4    Guard of any state, whose service was characterized as
5    honorable or under honorable, if separated from the
6    military, and is currently under the age of 40.
7    No person who is under 21 years of age shall be eligible
8for employment as a firefighter.
9    No applicant shall be examined concerning his or her
10political or religious opinions or affiliations. The
11examinations shall be conducted by the commissioners of the
12municipality or their designees and agents.
13    No municipality shall require that any firefighter
14appointed to the lowest rank serve a probationary employment
15period of longer than one year of actual active employment,
16which may exclude periods of training, or injury or illness
17leaves, including duty related leave, in excess of 30 calendar
18days. Notwithstanding anything to the contrary in this
19Section, the probationary employment period limitation may be
20extended for a firefighter who is required, as a condition of
21employment, to be a licensed paramedic, during which time the
22sole reason that a firefighter may be discharged without a
23hearing is for failing to meet the requirements for paramedic
24licensure.
25    In the event that any applicant who has been found
26eligible for appointment and whose name has been placed upon

 

 

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1the final eligibility register provided for in this Section
2has not been appointed to a firefighter position within one
3year after the date of his or her physical ability
4examination, the commission may cause a second examination to
5be made of that applicant's physical ability prior to his or
6her appointment. If, after the second examination, the
7physical ability of the applicant shall be found to be less
8than the minimum standard fixed by the rules of the
9commission, the applicant shall not be appointed. The
10applicant's name may be retained upon the register of
11candidates eligible for appointment and when next reached for
12certification and appointment that applicant may be again
13examined as provided in this Section, and if the physical
14ability of that applicant is found to be less than the minimum
15standard fixed by the rules of the commission, the applicant
16shall not be appointed, and the name of the applicant shall be
17removed from the register.
18    (d) Notice, examination, and testing components. Notice of
19the time, place, general scope, merit criteria for any
20subjective component, and fee of every examination shall be
21given by the commission, by a publication at least 2 weeks
22preceding the examination: (i) in one or more newspapers
23published in the municipality, or if no newspaper is published
24therein, then in one or more newspapers with a general
25circulation within the municipality, or (ii) on the
26municipality's Internet website. Additional notice of the

 

 

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1examination may be given as the commission shall prescribe.
2    The examination and qualifying standards for employment of
3firefighters shall be based on: mental aptitude, physical
4ability, preferences, moral character, and health. The mental
5aptitude, physical ability, and preference components shall
6determine an applicant's qualification for and placement on
7the final register of eligibles. The examination may also
8include a subjective component based on merit criteria as
9determined by the commission. Scores from the examination must
10be made available to the public.
11    (e) Mental aptitude. No person who does not possess at
12least a high school diploma or an equivalent high school
13education shall be placed on a register of eligibles.
14Examination of an applicant's mental aptitude shall be based
15upon a written examination. The examination shall be practical
16in character and relate to those matters that fairly test the
17capacity of the persons examined to discharge the duties
18performed by members of a fire department. Written
19examinations shall be administered in a manner that ensures
20the security and accuracy of the scores achieved.
21    (f) Physical ability. All candidates shall be required to
22undergo an examination of their physical ability to perform
23the essential functions included in the duties they may be
24called upon to perform as a member of a fire department. For
25the purposes of this Section, essential functions of the job
26are functions associated with duties that a firefighter may be

 

 

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1called upon to perform in response to emergency calls. The
2frequency of the occurrence of those duties as part of the fire
3department's regular routine shall not be a controlling factor
4in the design of examination criteria or evolutions selected
5for testing. These physical examinations shall be open,
6competitive, and based on industry standards designed to test
7each applicant's physical abilities in the following
8dimensions:
9        (1) Muscular strength to perform tasks and evolutions
10    that may be required in the performance of duties
11    including grip strength, leg strength, and arm strength.
12    Tests shall be conducted under anaerobic as well as
13    aerobic conditions to test both the candidate's speed and
14    endurance in performing tasks and evolutions. Tasks tested
15    may be based on standards developed, or approved, by the
16    local appointing authority.
17        (2) The ability to climb ladders, operate from
18    heights, walk or crawl in the dark along narrow and uneven
19    surfaces, and operate in proximity to hazardous
20    environments.
21        (3) The ability to carry out critical, time-sensitive,
22    and complex problem solving during physical exertion in
23    stressful and hazardous environments. The testing
24    environment may be hot and dark with tightly enclosed
25    spaces, flashing lights, sirens, and other distractions.
26    The tests utilized to measure each applicant's

 

 

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1capabilities in each of these dimensions may be tests based on
2industry standards currently in use or equivalent tests
3approved by the Joint Labor-Management Committee of the Office
4of the State Fire Marshal.
5    Physical ability examinations administered under this
6Section shall be conducted with a reasonable number of
7proctors and monitors, open to the public, and subject to
8reasonable regulations of the commission.
9    (g) Scoring of examination components. Appointing
10authorities may create a preliminary eligibility register. A
11person shall be placed on the list based upon his or her
12passage of the written examination or the passage of the
13written examination and the physical ability component.
14Passage of the written examination means attaining the minimum
15score set by the commission. Minimum scores should be set by
16the commission so as to demonstrate a candidate's ability to
17perform the essential functions of the job. The minimum score
18set by the commission shall be supported by appropriate
19validation evidence and shall comply with all applicable State
20and federal laws. The appointing authority may conduct the
21physical ability component and any subjective components
22subsequent to the posting of the preliminary eligibility
23register.
24    The examination components for an initial eligibility
25register shall be graded on a 100-point scale. A person's
26position on the list shall be determined by the following: (i)

 

 

HB3655- 660 -LRB102 16922 WGH 22334 b

1the person's score on the written examination, (ii) the person
2successfully passing the physical ability component, and (iii)
3the person's results on any subjective component as described
4in subsection (d).
5    In order to qualify for placement on the final eligibility
6register, an applicant's score on the written examination,
7before any applicable preference points or subjective points
8are applied, shall be at or above the minimum score as set by
9the commission. The local appointing authority may prescribe
10the score to qualify for placement on the final eligibility
11register, but the score shall not be less than the minimum
12score set by the commission.
13    The commission shall prepare and keep a register of
14persons whose total score is not less than the minimum score
15for passage and who have passed the physical ability
16examination. These persons shall take rank upon the register
17as candidates in the order of their relative excellence based
18on the highest to the lowest total points scored on the mental
19aptitude, subjective component, and preference components of
20the test administered in accordance with this Section. No more
21than 60 days after each examination, an initial eligibility
22list shall be posted by the commission. The list shall include
23the final grades of the candidates without reference to
24priority of the time of examination and subject to claim for
25preference credit.
26    Commissions may conduct additional examinations, including

 

 

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1without limitation a polygraph test, after a final eligibility
2register is established and before it expires with the
3candidates ranked by total score without regard to date of
4examination. No more than 60 days after each examination, an
5initial eligibility list shall be posted by the commission
6showing the final grades of the candidates without reference
7to priority of time of examination and subject to claim for
8preference credit.
9    (h) Preferences. The following are preferences:
10        (1) Veteran preference. Persons who were engaged in
11    the military service of the United States for a period of
12    at least one year of active duty and who were honorably
13    discharged therefrom, or who are now or have been members
14    on inactive or reserve duty in such military or naval
15    service, shall be preferred for appointment to and
16    employment with the fire department of an affected
17    department.
18        (2) Fire cadet preference. Persons who have
19    successfully completed 2 years of study in fire techniques
20    or cadet training within a cadet program established under
21    the rules of the Joint Labor and Management Committee
22    (JLMC), as defined in Section 50 of the Fire Department
23    Promotion Act, may be preferred for appointment to and
24    employment with the fire department.
25        (3) Educational preference. Persons who have
26    successfully obtained an associate's degree in the field

 

 

HB3655- 662 -LRB102 16922 WGH 22334 b

1    of fire service or emergency medical services, or a
2    bachelor's degree from an accredited college or university
3    may be preferred for appointment to and employment with
4    the fire department.
5        (4) Paramedic preference. Persons who have obtained a
6    license as a paramedic shall be preferred for appointment
7    to and employment with the fire department of an affected
8    department providing emergency medical services.
9        (5) Experience preference. All persons employed by a
10    municipality who have been paid-on-call or part-time
11    certified Firefighter II, State of Illinois or nationally
12    licensed EMT, EMT-I, A-EMT, or any combination of those
13    capacities shall be awarded 0.5 point for each year of
14    successful service in one or more of those capacities, up
15    to a maximum of 5 points. Certified Firefighter III and
16    State of Illinois or nationally licensed paramedics shall
17    be awarded one point per year up to a maximum of 5 points.
18    Applicants from outside the municipality who were employed
19    as full-time firefighters or firefighter-paramedics by a
20    fire protection district or another municipality for at
21    least 2 years shall be awarded 5 experience preference
22    points. These additional points presuppose a rating scale
23    totaling 100 points available for the eligibility list. If
24    more or fewer points are used in the rating scale for the
25    eligibility list, the points awarded under this subsection
26    shall be increased or decreased by a factor equal to the

 

 

HB3655- 663 -LRB102 16922 WGH 22334 b

1    total possible points available for the examination
2    divided by 100.
3        Upon request by the commission, the governing body of
4    the municipality or in the case of applicants from outside
5    the municipality the governing body of any fire protection
6    district or any other municipality shall certify to the
7    commission, within 10 days after the request, the number
8    of years of successful paid-on-call, part-time, or
9    full-time service of any person. A candidate may not
10    receive the full amount of preference points under this
11    subsection if the amount of points awarded would place the
12    candidate before a veteran on the eligibility list. If
13    more than one candidate receiving experience preference
14    points is prevented from receiving all of their points due
15    to not being allowed to pass a veteran, the candidates
16    shall be placed on the list below the veteran in rank order
17    based on the totals received if all points under this
18    subsection were to be awarded. Any remaining ties on the
19    list shall be determined by lot.
20        (6) Residency preference. Applicants whose principal
21    residence is located within the fire department's
22    jurisdiction shall be preferred for appointment to and
23    employment with the fire department.
24        (7) Additional preferences. Up to 5 additional
25    preference points may be awarded for unique categories
26    based on an applicant's experience or background as

 

 

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1    identified by the commission.
2        (7.5) Apprentice preferences. A person who has
3    performed fire suppression service for a department as a
4    firefighter apprentice and otherwise meets meet the
5    qualifications for original appointment as a firefighter
6    specified in this Section is are eligible to be awarded up
7    to 20 preference points. To qualify for preference points,
8    an applicant shall have completed a minimum of 600 hours
9    of fire suppression work on a regular shift for the
10    affected fire department over a 12-month period. The fire
11    suppression work must be in accordance with Section
12    10-2.1-4 of this Division and the terms established by a
13    Joint Apprenticeship Committee included in a collective
14    bargaining agreement agreed between the employer and its
15    certified bargaining agent. An eligible applicant must
16    apply to the Joint Apprenticeship Committee for preference
17    points under this item. The Joint Apprenticeship Committee
18    shall evaluate the merit of the applicant's performance,
19    determine the preference points to be awarded, and certify
20    the amount of points awarded to the commissioners. The
21    commissioners may add the certified preference points to
22    the final grades achieved by the applicant on the other
23    components of the examination.
24        (8) Scoring of preferences. The commission may give
25    preference for original appointment to persons designated
26    in item (1) by adding to the final grade that they receive

 

 

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1    5 points for the recognized preference achieved. The
2    commission may give preference for original appointment to
3    persons designated in item (7.5) by adding to the final
4    grade the amount of points designated by the Joint
5    Apprenticeship Committee as defined in item (7.5). The
6    commission shall determine the number of preference points
7    for each category, except (1) and (7.5). The number of
8    preference points for each category shall range from 0 to
9    5, except item (7.5). In determining the number of
10    preference points, the commission shall prescribe that if
11    a candidate earns the maximum number of preference points
12    in all categories except item (7.5), that number may not
13    be less than 10 nor more than 30. The commission shall give
14    preference for original appointment to persons designated
15    in items (2) through (7) by adding the requisite number of
16    points to the final grade for each recognized preference
17    achieved. The numerical result thus attained shall be
18    applied by the commission in determining the final
19    eligibility list and appointment from the eligibility
20    list. The local appointing authority may prescribe the
21    total number of preference points awarded under this
22    Section, but the total number of preference points, except
23    item (7.5), shall not be less than 10 points or more than
24    30 points. Apprentice preference points may be added in
25    addition to other preference points awarded by the
26    commission.

 

 

HB3655- 666 -LRB102 16922 WGH 22334 b

1    No person entitled to any preference shall be required to
2claim the credit before any examination held under the
3provisions of this Section, but the preference may be given
4after the posting or publication of the initial eligibility
5list or register at the request of a person entitled to a
6credit before any certification or appointments are made from
7the eligibility register, upon the furnishing of verifiable
8evidence and proof of qualifying preference credit. Candidates
9who are eligible for preference credit may make a claim in
10writing within 10 days after the posting of the initial
11eligibility list, or the claim may be deemed waived. Final
12eligibility registers may be established after the awarding of
13verified preference points. However, apprentice preference
14credit earned subsequent to the establishment of the final
15eligibility register may be applied to the applicant's score
16upon certification by the Joint Apprenticeship Committee to
17the commission and the rank order of candidates on the final
18eligibility register shall be adjusted accordingly. All
19employment shall be subject to the commission's initial hire
20background review, including, but not limited to, criminal
21history, employment history, moral character, oral
22examination, and medical and psychological examinations, all
23on a pass-fail basis. The medical and psychological
24examinations must be conducted last, and may only be performed
25after a conditional offer of employment has been extended.
26    Any person placed on an eligibility list who exceeds the

 

 

HB3655- 667 -LRB102 16922 WGH 22334 b

1age requirement before being appointed to a fire department
2shall remain eligible for appointment until the list is
3abolished, or his or her name has been on the list for a period
4of 2 years. No person who has attained the age of 35 years
5shall be inducted into a fire department, except as otherwise
6provided in this Section.
7    The commission shall strike off the names of candidates
8for original appointment after the names have been on the list
9for more than 2 years.
10    (i) Moral character. No person shall be appointed to a
11fire department unless he or she is a person of good character;
12not a habitual drunkard, a gambler, or a person who has been
13convicted of a felony or a crime involving moral turpitude.
14However, no person shall be disqualified from appointment to
15the fire department because of the person's record of
16misdemeanor convictions except those under Sections 11-6,
1711-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
1812-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
1931-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and
20subsections 1, 6, and 8 of Section 24-1 of the Criminal Code of
211961 or the Criminal Code of 2012, or arrest for any cause
22without conviction thereon. Any such person who is in the
23department may be removed on charges brought for violating
24this subsection and after a trial as hereinafter provided.
25    A classifiable set of the fingerprints of every person who
26is offered employment as a certificated member of an affected

 

 

HB3655- 668 -LRB102 16922 WGH 22334 b

1fire department whether with or without compensation, shall be
2furnished to the Illinois Department of State Police and to
3the Federal Bureau of Investigation by the commission.
4    Whenever a commission is authorized or required by law to
5consider some aspect of criminal history record information
6for the purpose of carrying out its statutory powers and
7responsibilities, then, upon request and payment of fees in
8conformance with the requirements of Section 2605-400 of the
9Illinois State Police Law of the Civil Administrative Code of
10Illinois, the Illinois Department of State Police is
11authorized to furnish, pursuant to positive identification,
12the information contained in State files as is necessary to
13fulfill the request.
14    (j) Temporary appointments. In order to prevent a stoppage
15of public business, to meet extraordinary exigencies, or to
16prevent material impairment of the fire department, the
17commission may make temporary appointments, to remain in force
18only until regular appointments are made under the provisions
19of this Division, but never to exceed 60 days. No temporary
20appointment of any one person shall be made more than twice in
21any calendar year.
22    (k) A person who knowingly divulges or receives test
23questions or answers before a written examination, or
24otherwise knowingly violates or subverts any requirement of
25this Section, commits a violation of this Section and may be
26subject to charges for official misconduct.

 

 

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1    A person who is the knowing recipient of test information
2in advance of the examination shall be disqualified from the
3examination or discharged from the position to which he or she
4was appointed, as applicable, and otherwise subjected to
5disciplinary actions.
6(Source: P.A. 100-252, eff. 8-22-17; 101-489, eff. 8-23-19;
7revised 11-26-19.)
 
8    (65 ILCS 5/11-32-1)  (from Ch. 24, par. 11-32-1)
9    Sec. 11-32-1. The corporate authorities of each
10municipality may:
11    (1) provide for the regulation, safe construction,
12installation, alteration, inspection, testing and maintenance
13of heating, air conditioning and refrigerating systems
14specified in this section.
15    (2) provide for examination, licensing and regulation of
16heating, air conditioning and refrigeration contractors; and
17fix the amount of license fees, not exceeding $50, and the
18terms and manner of issuing and revoking licenses of such
19contractors.
20    (3) provide for the appointment of a board of examiners
21which shall examine applicants for and issue licenses to such
22contractors as are found capable and trustworthy.
23    A. The term "heating, air conditioning and refrigeration
24contractor" means:
25    (a) any person engaged in the business of installing,

 

 

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1altering or servicing heating, air conditioning or
2refrigerating systems;
3    (b) any private or municipally owned public utility if
4such public utility installs heating, air conditioning or
5refrigerating systems.
6    The term "heating, air conditioning and refrigeration
7contractor" does not include: (i) any private or municipally
8owned public utility, fuel supplier or dealer that supplies
9fuel and services or repairs heating or air conditioning
10appliances or equipment in connection with or as a part of
11their business of supplying the fuel used in such appliances
12or equipment; or (ii) any liquefied petroleum gas dealer
13subject to "An Act to regulate the storage, transportation,
14sale and use of liquefied petroleum gases", approved July 11,
151955, as now or hereafter amended, and the rules and
16regulations of the Illinois Department of State Police
17promulgated pursuant to such Act; or (iii) any electrical
18contractor registered or licensed as such under the provisions
19of this Act or any other statute.
20    B. The term "heating system" means any heating unit
21intended to warm the atmosphere of any building or rooms
22therein used for human occupancy.
23    C. The term "air conditioning system" means any air
24conditioning unit designed to cool the atmosphere of any
25building or rooms therein used for human occupancy, which unit
26has a rated heat removal capacity in excess of 20,000 British

 

 

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1thermal units per hour; and also any such unit regardless of
2size or rating that is installed in such a manner that it
3projects from a building where pedestrian traffic will pass
4below it.
5    D. The term "refrigerating system" means any refrigerating
6unit, other than an air conditioning system as defined in this
7section, which is to be used in conjunction with or as an aid
8to any commercial enterprise but does not include a
9refrigerating unit used for family household purposes.
10    Any heating, air conditioning and refrigeration contractor
11properly licensed under paragraph (2) of this section in the
12municipality of his principal place of business in this State
13may install heating, air conditioning and refrigeration
14systems in any other municipality without securing an
15additional license, provided that such contractor complies
16with the rules and regulations of the municipality where such
17systems are installed.
18(Source: P.A. 84-25.)
 
19    Section 440. The Fire Protection District Act is amended
20by changing Section 16.06b as follows:
 
21    (70 ILCS 705/16.06b)
22    Sec. 16.06b. Original appointments; full-time fire
23department.
24    (a) Applicability. Unless a commission elects to follow

 

 

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1the provisions of Section 16.06c, this Section shall apply to
2all original appointments to an affected full-time fire
3department. Existing registers of eligibles shall continue to
4be valid until their expiration dates, or up to a maximum of 2
5years after August 4, 2011 (the effective date of Public Act
697-251) this amendatory Act of the 97th General Assembly.
7    Notwithstanding any statute, ordinance, rule, or other law
8to the contrary, all original appointments to an affected
9department to which this Section applies shall be administered
10in a no less stringent manner than the manner provided for in
11this Section. Provisions of the Illinois Municipal Code, Fire
12Protection District Act, fire district ordinances, and rules
13adopted pursuant to such authority and other laws relating to
14initial hiring of firefighters in affected departments shall
15continue to apply to the extent they are compatible with this
16Section, but in the event of a conflict between this Section
17and any other law, this Section shall control.
18    A fire protection district that is operating under a court
19order or consent decree regarding original appointments to a
20full-time fire department before August 4, 2011 (the effective
21date of Public Act 97-251) this amendatory Act of the 97th
22General Assembly is exempt from the requirements of this
23Section for the duration of the court order or consent decree.
24    (b) Original appointments. All original appointments made
25to an affected fire department shall be made from a register of
26eligibles established in accordance with the processes

 

 

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1required by this Section. Only persons who meet or exceed the
2performance standards required by the Section shall be placed
3on a register of eligibles for original appointment to an
4affected fire department.
5    Whenever an appointing authority authorizes action to hire
6a person to perform the duties of a firefighter or to hire a
7firefighter-paramedic to fill a position that is a new
8position or vacancy due to resignation, discharge, promotion,
9death, the granting of a disability or retirement pension, or
10any other cause, the appointing authority shall appoint to
11that position the person with the highest ranking on the final
12eligibility list. If the appointing authority has reason to
13conclude that the highest ranked person fails to meet the
14minimum standards for the position or if the appointing
15authority believes an alternate candidate would better serve
16the needs of the department, then the appointing authority has
17the right to pass over the highest ranked person and appoint
18either: (i) any person who has a ranking in the top 5% of the
19register of eligibles or (ii) any person who is among the top 5
20highest ranked persons on the list of eligibles if the number
21of people who have a ranking in the top 5% of the register of
22eligibles is less than 5 people.
23    Any candidate may pass on an appointment once without
24losing his or her position on the register of eligibles. Any
25candidate who passes a second time may be removed from the list
26by the appointing authority provided that such action shall

 

 

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1not prejudice a person's opportunities to participate in
2future examinations, including an examination held during the
3time a candidate is already on the fire district's register of
4eligibles.
5    The sole authority to issue certificates of appointment
6shall be vested in the board of fire commissioners, or board of
7trustees serving in the capacity of a board of fire
8commissioners. All certificates of appointment issued to any
9officer or member of an affected department shall be signed by
10the chairperson and secretary, respectively, of the commission
11upon appointment of such officer or member to the affected
12department by action of the commission. After being selected
13from the register of eligibles to fill a vacancy in the
14affected department, each appointee shall be presented with
15his or her certificate of appointment on the day on which he or
16she is sworn in as a classified member of the affected
17department. Firefighters who were not issued a certificate of
18appointment when originally appointed shall be provided with a
19certificate within 10 days after making a written request to
20the chairperson of the board of fire commissioners, or board
21of trustees serving in the capacity of a board of fire
22commissioners. Each person who accepts a certificate of
23appointment and successfully completes his or her probationary
24period shall be enrolled as a firefighter and as a regular
25member of the fire department.
26    For the purposes of this Section, "firefighter" means any

 

 

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1person who has been prior to, on, or after August 4, 2011 (the
2effective date of Public Act 97-251) this amendatory Act of
3the 97th General Assembly appointed to a fire department or
4fire protection district or employed by a State university and
5sworn or commissioned to perform firefighter duties or
6paramedic duties, or both, except that the following persons
7are not included: part-time firefighters; auxiliary, reserve,
8or voluntary firefighters, including paid-on-call
9firefighters; clerks and dispatchers or other civilian
10employees of a fire department or fire protection district who
11are not routinely expected to perform firefighter duties; and
12elected officials.
13    (c) Qualification for placement on register of eligibles.
14The purpose of establishing a register of eligibles is to
15identify applicants who possess and demonstrate the mental
16aptitude and physical ability to perform the duties required
17of members of the fire department in order to provide the
18highest quality of service to the public. To this end, all
19applicants for original appointment to an affected fire
20department shall be subject to examination and testing which
21shall be public, competitive, and open to all applicants
22unless the district shall by ordinance limit applicants to
23residents of the district, county or counties in which the
24district is located, State, or nation. Any examination and
25testing procedure utilized under subsection (e) of this
26Section shall be supported by appropriate validation evidence

 

 

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1and shall comply with all applicable State and federal laws.
2Districts may establish educational, emergency medical service
3licensure, and other prerequisites prerequites for
4participation in an examination or for hire as a firefighter.
5Any fire protection district may charge a fee to cover the
6costs of the application process.
7    Residency requirements in effect at the time an individual
8enters the fire service of a district cannot be made more
9restrictive for that individual during his or her period of
10service for that district, or be made a condition of
11promotion, except for the rank or position of fire chief and
12for no more than 2 positions that rank immediately below that
13of the chief rank which are appointed positions pursuant to
14the Fire Department Promotion Act.
15    No person who is 35 years of age or older shall be eligible
16to take an examination for a position as a firefighter unless
17the person has had previous employment status as a firefighter
18in the regularly constituted fire department of the district,
19except as provided in this Section. The age limitation does
20not apply to:
21        (1) any person previously employed as a full-time
22    firefighter in a regularly constituted fire department of
23    (i) any municipality or fire protection district located
24    in Illinois, (ii) a fire protection district whose
25    obligations were assumed by a municipality under Section
26    21 of the Fire Protection District Act, or (iii) a

 

 

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1    municipality whose obligations were taken over by a fire
2    protection district;
3        (2) any person who has served a fire district as a
4    regularly enrolled volunteer, paid-on-call, or part-time
5    firefighter for the 5 years immediately preceding the time
6    that the district begins to use full-time firefighters to
7    provide all or part of its fire protection service; or
8        (3) any person who turned 35 while serving as a member
9    of the active or reserve components of any of the branches
10    of the Armed Forces of the United States or the National
11    Guard of any state, whose service was characterized as
12    honorable or under honorable, if separated from the
13    military, and is currently under the age of 40.
14    No person who is under 21 years of age shall be eligible
15for employment as a firefighter.
16    No applicant shall be examined concerning his or her
17political or religious opinions or affiliations. The
18examinations shall be conducted by the commissioners of the
19district or their designees and agents.
20    No district shall require that any firefighter appointed
21to the lowest rank serve a probationary employment period of
22longer than one year of actual active employment, which may
23exclude periods of training, or injury or illness leaves,
24including duty related leave, in excess of 30 calendar days.
25Notwithstanding anything to the contrary in this Section, the
26probationary employment period limitation may be extended for

 

 

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1a firefighter who is required, as a condition of employment,
2to be a licensed paramedic, during which time the sole reason
3that a firefighter may be discharged without a hearing is for
4failing to meet the requirements for paramedic licensure.
5    In the event that any applicant who has been found
6eligible for appointment and whose name has been placed upon
7the final eligibility register provided for in this Section
8has not been appointed to a firefighter position within one
9year after the date of his or her physical ability
10examination, the commission may cause a second examination to
11be made of that applicant's physical ability prior to his or
12her appointment. If, after the second examination, the
13physical ability of the applicant shall be found to be less
14than the minimum standard fixed by the rules of the
15commission, the applicant shall not be appointed. The
16applicant's name may be retained upon the register of
17candidates eligible for appointment and when next reached for
18certification and appointment that applicant may be again
19examined as provided in this Section, and if the physical
20ability of that applicant is found to be less than the minimum
21standard fixed by the rules of the commission, the applicant
22shall not be appointed, and the name of the applicant shall be
23removed from the register.
24    (d) Notice, examination, and testing components. Notice of
25the time, place, general scope, merit criteria for any
26subjective component, and fee of every examination shall be

 

 

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1given by the commission, by a publication at least 2 weeks
2preceding the examination: (i) in one or more newspapers
3published in the district, or if no newspaper is published
4therein, then in one or more newspapers with a general
5circulation within the district, or (ii) on the fire
6protection district's Internet website. Additional notice of
7the examination may be given as the commission shall
8prescribe.
9    The examination and qualifying standards for employment of
10firefighters shall be based on: mental aptitude, physical
11ability, preferences, moral character, and health. The mental
12aptitude, physical ability, and preference components shall
13determine an applicant's qualification for and placement on
14the final register of eligibles. The examination may also
15include a subjective component based on merit criteria as
16determined by the commission. Scores from the examination must
17be made available to the public.
18    (e) Mental aptitude. No person who does not possess at
19least a high school diploma or an equivalent high school
20education shall be placed on a register of eligibles.
21Examination of an applicant's mental aptitude shall be based
22upon a written examination. The examination shall be practical
23in character and relate to those matters that fairly test the
24capacity of the persons examined to discharge the duties
25performed by members of a fire department. Written
26examinations shall be administered in a manner that ensures

 

 

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1the security and accuracy of the scores achieved.
2    (f) Physical ability. All candidates shall be required to
3undergo an examination of their physical ability to perform
4the essential functions included in the duties they may be
5called upon to perform as a member of a fire department. For
6the purposes of this Section, essential functions of the job
7are functions associated with duties that a firefighter may be
8called upon to perform in response to emergency calls. The
9frequency of the occurrence of those duties as part of the fire
10department's regular routine shall not be a controlling factor
11in the design of examination criteria or evolutions selected
12for testing. These physical examinations shall be open,
13competitive, and based on industry standards designed to test
14each applicant's physical abilities in the following
15dimensions:
16        (1) Muscular strength to perform tasks and evolutions
17    that may be required in the performance of duties
18    including grip strength, leg strength, and arm strength.
19    Tests shall be conducted under anaerobic as well as
20    aerobic conditions to test both the candidate's speed and
21    endurance in performing tasks and evolutions. Tasks tested
22    may be based on standards developed, or approved, by the
23    local appointing authority.
24        (2) The ability to climb ladders, operate from
25    heights, walk or crawl in the dark along narrow and uneven
26    surfaces, and operate in proximity to hazardous

 

 

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1    environments.
2        (3) The ability to carry out critical, time-sensitive,
3    and complex problem solving during physical exertion in
4    stressful and hazardous environments. The testing
5    environment may be hot and dark with tightly enclosed
6    spaces, flashing lights, sirens, and other distractions.
7    The tests utilized to measure each applicant's
8capabilities in each of these dimensions may be tests based on
9industry standards currently in use or equivalent tests
10approved by the Joint Labor-Management Committee of the Office
11of the State Fire Marshal.
12    Physical ability examinations administered under this
13Section shall be conducted with a reasonable number of
14proctors and monitors, open to the public, and subject to
15reasonable regulations of the commission.
16    (g) Scoring of examination components. Appointing
17authorities may create a preliminary eligibility register. A
18person shall be placed on the list based upon his or her
19passage of the written examination or the passage of the
20written examination and the physical ability component.
21Passage of the written examination means attaining the minimum
22score set by the commission. Minimum scores should be set by
23the appointing authorities so as to demonstrate a candidate's
24ability to perform the essential functions of the job. The
25minimum score set by the commission shall be supported by
26appropriate validation evidence and shall comply with all

 

 

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1applicable State and federal laws. The appointing authority
2may conduct the physical ability component and any subjective
3components subsequent to the posting of the preliminary
4eligibility register.
5    The examination components for an initial eligibility
6register shall be graded on a 100-point scale. A person's
7position on the list shall be determined by the following: (i)
8the person's score on the written examination, (ii) the person
9successfully passing the physical ability component, and (iii)
10the person's results on any subjective component as described
11in subsection (d).
12    In order to qualify for placement on the final eligibility
13register, an applicant's score on the written examination,
14before any applicable preference points or subjective points
15are applied, shall be at or above the minimum score set by the
16commission. The local appointing authority may prescribe the
17score to qualify for placement on the final eligibility
18register, but the score shall not be less than the minimum
19score set by the commission.
20    The commission shall prepare and keep a register of
21persons whose total score is not less than the minimum score
22for passage and who have passed the physical ability
23examination. These persons shall take rank upon the register
24as candidates in the order of their relative excellence based
25on the highest to the lowest total points scored on the mental
26aptitude, subjective component, and preference components of

 

 

HB3655- 683 -LRB102 16922 WGH 22334 b

1the test administered in accordance with this Section. No more
2than 60 days after each examination, an initial eligibility
3list shall be posted by the commission. The list shall include
4the final grades of the candidates without reference to
5priority of the time of examination and subject to claim for
6preference credit.
7    Commissions may conduct additional examinations, including
8without limitation a polygraph test, after a final eligibility
9register is established and before it expires with the
10candidates ranked by total score without regard to date of
11examination. No more than 60 days after each examination, an
12initial eligibility list shall be posted by the commission
13showing the final grades of the candidates without reference
14to priority of time of examination and subject to claim for
15preference credit.
16    (h) Preferences. The following are preferences:
17        (1) Veteran preference. Persons who were engaged in
18    the military service of the United States for a period of
19    at least one year of active duty and who were honorably
20    discharged therefrom, or who are now or have been members
21    on inactive or reserve duty in such military or naval
22    service, shall be preferred for appointment to and
23    employment with the fire department of an affected
24    department.
25        (2) Fire cadet preference. Persons who have
26    successfully completed 2 years of study in fire techniques

 

 

HB3655- 684 -LRB102 16922 WGH 22334 b

1    or cadet training within a cadet program established under
2    the rules of the Joint Labor and Management Committee
3    (JLMC), as defined in Section 50 of the Fire Department
4    Promotion Act, may be preferred for appointment to and
5    employment with the fire department.
6        (3) Educational preference. Persons who have
7    successfully obtained an associate's degree in the field
8    of fire service or emergency medical services, or a
9    bachelor's degree from an accredited college or university
10    may be preferred for appointment to and employment with
11    the fire department.
12        (4) Paramedic preference. Persons who have obtained a
13    license as a paramedic may be preferred for appointment to
14    and employment with the fire department of an affected
15    department providing emergency medical services.
16        (5) Experience preference. All persons employed by a
17    district who have been paid-on-call or part-time certified
18    Firefighter II, certified Firefighter III, State of
19    Illinois or nationally licensed EMT, EMT-I, A-EMT, or
20    paramedic, or any combination of those capacities may be
21    awarded up to a maximum of 5 points. However, the
22    applicant may not be awarded more than 0.5 points for each
23    complete year of paid-on-call or part-time service.
24    Applicants from outside the district who were employed as
25    full-time firefighters or firefighter-paramedics by a fire
26    protection district or municipality for at least 2 years

 

 

HB3655- 685 -LRB102 16922 WGH 22334 b

1    may be awarded up to 5 experience preference points.
2    However, the applicant may not be awarded more than one
3    point for each complete year of full-time service.
4        Upon request by the commission, the governing body of
5    the district or in the case of applicants from outside the
6    district the governing body of any other fire protection
7    district or any municipality shall certify to the
8    commission, within 10 days after the request, the number
9    of years of successful paid-on-call, part-time, or
10    full-time service of any person. A candidate may not
11    receive the full amount of preference points under this
12    subsection if the amount of points awarded would place the
13    candidate before a veteran on the eligibility list. If
14    more than one candidate receiving experience preference
15    points is prevented from receiving all of their points due
16    to not being allowed to pass a veteran, the candidates
17    shall be placed on the list below the veteran in rank order
18    based on the totals received if all points under this
19    subsection were to be awarded. Any remaining ties on the
20    list shall be determined by lot.
21        (6) Residency preference. Applicants whose principal
22    residence is located within the fire department's
23    jurisdiction may be preferred for appointment to and
24    employment with the fire department.
25        (7) Additional preferences. Up to 5 additional
26    preference points may be awarded for unique categories

 

 

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1    based on an applicant's experience or background as
2    identified by the commission.
3        (7.5) Apprentice preferences. A person who has
4    performed fire suppression service for a department as a
5    firefighter apprentice and otherwise meets meet the
6    qualifications for original appointment as a firefighter
7    specified in this Section is are eligible to be awarded up
8    to 20 preference points. To qualify for preference points,
9    an applicant shall have completed a minimum of 600 hours
10    of fire suppression work on a regular shift for the
11    affected fire department over a 12-month period. The fire
12    suppression work must be in accordance with Section 16.06
13    of this Act and the terms established by a Joint
14    Apprenticeship Committee included in a collective
15    bargaining agreement agreed between the employer and its
16    certified bargaining agent. An eligible applicant must
17    apply to the Joint Apprenticeship Committee for preference
18    points under this item. The Joint Apprenticeship Committee
19    shall evaluate the merit of the applicant's performance,
20    determine the preference points to be awarded, and certify
21    the amount of points awarded to the commissioners. The
22    commissioners may add the certified preference points to
23    the final grades achieved by the applicant on the other
24    components of the examination.
25        (8) Scoring of preferences. The commission shall give
26    preference for original appointment to persons designated

 

 

HB3655- 687 -LRB102 16922 WGH 22334 b

1    in item (1) by adding to the final grade that they receive
2    5 points for the recognized preference achieved. The
3    commission may give preference for original appointment to
4    persons designated in item (7.5) by adding to the final
5    grade the amount of points designated by the Joint
6    Apprenticeship Committee as defined in item (7.5). The
7    commission shall determine the number of preference points
8    for each category, except (1) and (7.5). The number of
9    preference points for each category shall range from 0 to
10    5, except item (7.5). In determining the number of
11    preference points, the commission shall prescribe that if
12    a candidate earns the maximum number of preference points
13    in all categories except item (7.5), that number may not
14    be less than 10 nor more than 30. The commission shall give
15    preference for original appointment to persons designated
16    in items (2) through (7) by adding the requisite number of
17    points to the final grade for each recognized preference
18    achieved. The numerical result thus attained shall be
19    applied by the commission in determining the final
20    eligibility list and appointment from the eligibility
21    list. The local appointing authority may prescribe the
22    total number of preference points awarded under this
23    Section, but the total number of preference points, except
24    item (7.5), shall not be less than 10 points or more than
25    30 points. Apprentice preference points may be added in
26    addition to other preference points awarded by the

 

 

HB3655- 688 -LRB102 16922 WGH 22334 b

1    commission.
2    No person entitled to any preference shall be required to
3claim the credit before any examination held under the
4provisions of this Section, but the preference shall be given
5after the posting or publication of the initial eligibility
6list or register at the request of a person entitled to a
7credit before any certification or appointments are made from
8the eligibility register, upon the furnishing of verifiable
9evidence and proof of qualifying preference credit. Candidates
10who are eligible for preference credit shall make a claim in
11writing within 10 days after the posting of the initial
12eligibility list, or the claim shall be deemed waived. Final
13eligibility registers shall be established after the awarding
14of verified preference points. However, apprentice preference
15credit earned subsequent to the establishment of the final
16eligibility register may be applied to the applicant's score
17upon certification by the Joint Apprenticeship Committee to
18the commission and the rank order of candidates on the final
19eligibility register shall be adjusted accordingly. All
20employment shall be subject to the commission's initial hire
21background review including, but not limited to, criminal
22history, employment history, moral character, oral
23examination, and medical and psychological examinations, all
24on a pass-fail basis. The medical and psychological
25examinations must be conducted last, and may only be performed
26after a conditional offer of employment has been extended.

 

 

HB3655- 689 -LRB102 16922 WGH 22334 b

1    Any person placed on an eligibility list who exceeds the
2age requirement before being appointed to a fire department
3shall remain eligible for appointment until the list is
4abolished, or his or her name has been on the list for a period
5of 2 years. No person who has attained the age of 35 years
6shall be inducted into a fire department, except as otherwise
7provided in this Section.
8    The commission shall strike off the names of candidates
9for original appointment after the names have been on the list
10for more than 2 years.
11    (i) Moral character. No person shall be appointed to a
12fire department unless he or she is a person of good character;
13not a habitual drunkard, a gambler, or a person who has been
14convicted of a felony or a crime involving moral turpitude.
15However, no person shall be disqualified from appointment to
16the fire department because of the person's record of
17misdemeanor convictions except those under Sections 11-6,
1811-7, 11-9, 11-14, 11-15, 11-17, 11-18, 11-19, 12-2, 12-6,
1912-15, 14-4, 16-1, 21.1-3, 24-3.1, 24-5, 25-1, 28-3, 31-1,
2031-4, 31-6, 31-7, 32-1, 32-2, 32-3, 32-4, 32-8, and
21subsections 1, 6, and 8 of Section 24-1 of the Criminal Code of
221961 or the Criminal Code of 2012, or arrest for any cause
23without conviction thereon. Any such person who is in the
24department may be removed on charges brought for violating
25this subsection and after a trial as hereinafter provided.
26    A classifiable set of the fingerprints of every person who

 

 

HB3655- 690 -LRB102 16922 WGH 22334 b

1is offered employment as a certificated member of an affected
2fire department whether with or without compensation, shall be
3furnished to the Illinois Department of State Police and to
4the Federal Bureau of Investigation by the commission.
5    Whenever a commission is authorized or required by law to
6consider some aspect of criminal history record information
7for the purpose of carrying out its statutory powers and
8responsibilities, then, upon request and payment of fees in
9conformance with the requirements of Section 2605-400 of the
10Illinois State Police Law of the Civil Administrative Code of
11Illinois, the Illinois Department of State Police is
12authorized to furnish, pursuant to positive identification,
13the information contained in State files as is necessary to
14fulfill the request.
15    (j) Temporary appointments. In order to prevent a stoppage
16of public business, to meet extraordinary exigencies, or to
17prevent material impairment of the fire department, the
18commission may make temporary appointments, to remain in force
19only until regular appointments are made under the provisions
20of this Section, but never to exceed 60 days. No temporary
21appointment of any one person shall be made more than twice in
22any calendar year.
23    (k) A person who knowingly divulges or receives test
24questions or answers before a written examination, or
25otherwise knowingly violates or subverts any requirement of
26this Section, commits a violation of this Section and may be

 

 

HB3655- 691 -LRB102 16922 WGH 22334 b

1subject to charges for official misconduct.
2    A person who is the knowing recipient of test information
3in advance of the examination shall be disqualified from the
4examination or discharged from the position to which he or she
5was appointed, as applicable, and otherwise subjected to
6disciplinary actions.
7(Source: P.A. 100-252, eff. 8-22-17; 101-489, eff. 8-23-19;
8revised 11-26-19.)
 
9    Section 450. The Park District Code is amended by changing
10Section 8-23 as follows:
 
11    (70 ILCS 1205/8-23)
12    Sec. 8-23. Criminal background investigations.
13    (a) An applicant for employment with a park district is
14required as a condition of employment to authorize an
15investigation to determine if the applicant has been convicted
16of any of the enumerated criminal or drug offenses in
17subsection (c) or (d) of this Section, or adjudicated a
18delinquent minor for any of the enumerated criminal or drug
19offenses in subsection (c) or (d) of this Section, or has been
20convicted, within 7 years of the application for employment
21with the park district, of any other felony under the laws of
22this State or of any offense committed or attempted in any
23other state or against the laws of the United States that, if
24committed or attempted in this State, would have been

 

 

HB3655- 692 -LRB102 16922 WGH 22334 b

1punishable as a felony under the laws of this State.
2Authorization for the investigation shall be furnished by the
3applicant to the park district. Upon receipt of this
4authorization, the park district shall submit the applicant's
5name, sex, race, date of birth, and social security number to
6the Illinois Department of State Police on forms prescribed by
7the Illinois Department of State Police. The Illinois
8Department of State Police shall conduct a search of the
9Illinois criminal history records database to ascertain if the
10applicant being considered for employment has been convicted
11of any of the enumerated criminal or drug offenses in
12subsection (c) or (d) of this Section, or adjudicated a
13delinquent minor for committing or attempting to commit any of
14the enumerated criminal or drug offenses in subsection (c) or
15(d) of this Section, or has been convicted of committing or
16attempting to commit, within 7 years of the application for
17employment with the park district, any other felony under the
18laws of this State. The Illinois Department of State Police
19shall charge the park district a fee for conducting the
20investigation, which fee shall be deposited in the State
21Police Services Fund and shall not exceed the cost of the
22inquiry. The applicant shall not be charged a fee by the park
23district for the investigation.
24    (b) If the search of the Illinois criminal history record
25database indicates that the applicant has been convicted of
26any of the enumerated criminal or drug offenses in subsection

 

 

HB3655- 693 -LRB102 16922 WGH 22334 b

1(c) or (d), or adjudicated a delinquent minor for committing
2or attempting to commit any of the enumerated criminal or drug
3offenses in subsection (c) or (d), or has been convicted of
4committing or attempting to commit, within 7 years of the
5application for employment with the park district, any other
6felony under the laws of this State, the Illinois Department
7of State Police and the Federal Bureau of Investigation shall
8furnish, pursuant to a fingerprint based background check,
9records of convictions or adjudications as a delinquent minor,
10until expunged, to the president of the park district. Any
11information concerning the record of convictions or
12adjudications as a delinquent minor obtained by the president
13shall be confidential and may only be transmitted to those
14persons who are necessary to the decision on whether to hire
15the applicant for employment. A copy of the record of
16convictions or adjudications as a delinquent minor obtained
17from the Illinois Department of State Police shall be provided
18to the applicant for employment. Any person who releases any
19confidential information concerning any criminal convictions
20or adjudications as a delinquent minor of an applicant for
21employment shall be guilty of a Class A misdemeanor, unless
22the release of such information is authorized by this Section.
23    (c) No park district shall knowingly employ a person who
24has been convicted, or adjudicated a delinquent minor, for
25committing attempted first degree murder or for committing or
26attempting to commit first degree murder, a Class X felony, or

 

 

HB3655- 694 -LRB102 16922 WGH 22334 b

1any one or more of the following criminal offenses: (i) those
2defined in Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50,
311-1.60, 11-6, 11-9, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16,
411-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
511-20.1B, 11-20.3, 11-21, 11-30 (if convicted of a Class 4
6felony), 12-7.3, 12-7.4, 12-7.5, 12-13, 12-14, 12-14.1, 12-15,
7and 12-16 of the Criminal Code of 1961 or the Criminal Code of
82012; (ii) (blank); (iii) (blank); (iv) (blank); and (v) any
9offense committed or attempted in any other state or against
10the laws of the United States, which, if committed or
11attempted in this State, would have been punishable as one or
12more of the foregoing offenses. Further, no park district
13shall knowingly employ a person who has been found to be the
14perpetrator of sexual or physical abuse of any minor under 18
15years of age pursuant to proceedings under Article II of the
16Juvenile Court Act of 1987. No park district shall knowingly
17employ a person for whom a criminal background investigation
18has not been initiated.
19    (d) No park district shall knowingly employ a person who
20has been convicted of the following drug offenses, other than
21an offense set forth in subsection (c), until 7 years
22following the end of the sentence imposed for any of the
23following offenses: (i) those defined in the Cannabis Control
24Act, except those defined in Sections 4(a), 4(b), 4(c), 5(a),
25and 5(b) of that Act; (ii) those defined in the Illinois
26Controlled Substances Act; (iii) those defined in the

 

 

HB3655- 695 -LRB102 16922 WGH 22334 b

1Methamphetamine Control and Community Protection Act; and (iv)
2any offense committed or attempted in any other state or
3against the laws of the United States, which, if committed or
4attempted in this State, would have been punishable as one or
5more of the foregoing offenses. For purposes of this
6paragraph, "sentence" includes any period of supervision or
7probation that was imposed either alone or in combination with
8a period of incarceration.
9    (e) Notwithstanding the provisions of subsections (c) and
10(d), a park district may, in its discretion, employ a person
11who has been granted a certificate of good conduct under
12Section 5-5.5-25 of the Unified Code of Corrections by the
13circuit court.
14(Source: P.A. 99-884, eff. 8-22-16.)
 
15    Section 455. The Chicago Park District Act is amended by
16changing Section 16a-5 as follows:
 
17    (70 ILCS 1505/16a-5)
18    Sec. 16a-5. Criminal background investigations.
19    (a) An applicant for employment with the Chicago Park
20District is required as a condition of employment to authorize
21an investigation to determine if the applicant has been
22convicted of any of the enumerated criminal or drug offenses
23in subsection (c) or (d) of this Section, or adjudicated a
24delinquent minor for any of the enumerated criminal or drug

 

 

HB3655- 696 -LRB102 16922 WGH 22334 b

1offenses in subsection (c) or (d) of this Section, or has been
2convicted, within 7 years of the application for employment
3with the Chicago Park District, of any other felony under the
4laws of this State or of any offense committed or attempted in
5any other state or against the laws of the United States that,
6if committed or attempted in this State, would have been
7punishable as a felony under the laws of this State.
8Authorization for the investigation shall be furnished by the
9applicant to the Chicago Park District. Upon receipt of this
10authorization, the Chicago Park District shall submit the
11applicant's name, sex, race, date of birth, and social
12security number to the Illinois Department of State Police on
13forms prescribed by the Illinois Department of State Police.
14The Illinois Department of State Police shall conduct a search
15of the Illinois criminal history record information database
16to ascertain if the applicant being considered for employment
17has been convicted of any of the enumerated criminal or drug
18offenses in subsection (c) or (d) of this Section, or
19adjudicated a delinquent minor for committing or attempting to
20commit any of the enumerated criminal or drug offenses in
21subsection (c) or (d) of this Section, or has been convicted of
22committing or attempting to commit, within 7 years of the
23application for employment with the Chicago Park District, any
24other felony under the laws of this State. The Illinois
25Department of State Police shall charge the Chicago Park
26District a fee for conducting the investigation, which fee

 

 

HB3655- 697 -LRB102 16922 WGH 22334 b

1shall be deposited in the State Police Services Fund and shall
2not exceed the cost of the inquiry. The applicant shall not be
3charged a fee by the Chicago Park District for the
4investigation.
5    (b) If the search of the Illinois criminal history record
6database indicates that the applicant has been convicted of
7any of the enumerated criminal or drug offenses in subsection
8(c) or (d), or adjudicated a delinquent minor for committing
9or attempting to commit any of the enumerated criminal or drug
10offenses in subsection (c) or (d), or has been convicted of
11committing or attempting to commit, within 7 years of the
12application for employment with the Chicago Park District, any
13other felony under the laws of this State, the Illinois
14Department of State Police and the Federal Bureau of
15Investigation shall furnish, pursuant to a fingerprint based
16background check, records of convictions or adjudications as a
17delinquent minor, until expunged, to the General
18Superintendent and Chief Executive Officer of the Chicago Park
19District. Any information concerning the record of convictions
20or adjudications as a delinquent minor obtained by the General
21Superintendent and Chief Executive Officer shall be
22confidential and may only be transmitted to those persons who
23are necessary to the decision on whether to hire the applicant
24for employment. A copy of the record of convictions or
25adjudications as a delinquent minor obtained from the Illinois
26Department of State Police shall be provided to the applicant

 

 

HB3655- 698 -LRB102 16922 WGH 22334 b

1for employment. Any person who releases any confidential
2information concerning any criminal convictions or
3adjudications as a delinquent minor of an applicant for
4employment shall be guilty of a Class A misdemeanor, unless
5the release of such information is authorized by this Section.
6    (c) The Chicago Park District may not knowingly employ a
7person who has been convicted, or adjudicated a delinquent
8minor, for committing attempted first degree murder or for
9committing or attempting to commit first degree murder, a
10Class X felony, or any one or more of the following criminal
11offenses: (i) those defined in Sections 11-1.20, 11-1.30,
1211-1.40, 11-1.50, 11-1.60, 11-6, 11-9, 11-14.3, 11-14.4,
1311-15, 11-15.1, 11-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2,
1411-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-30 (if convicted
15of a Class 4 felony), 12-7.3, 12-7.4, 12-7.5, 12-13, 12-14,
1612-14.1, 12-15, and 12-16 of the Criminal Code of 1961 or the
17Criminal Code of 2012; (ii) (blank); (iii) (blank); (iv)
18(blank); and (v) any offense committed or attempted in any
19other state or against the laws of the United States, which, if
20committed or attempted in this State, would have been
21punishable as one or more of the foregoing offenses. Further,
22the Chicago Park District may not knowingly employ a person
23who has been found to be the perpetrator of sexual or physical
24abuse of any minor under 18 years of age pursuant to
25proceedings under Article II of the Juvenile Court Act of
261987. The Chicago Park District may not knowingly employ a

 

 

HB3655- 699 -LRB102 16922 WGH 22334 b

1person for whom a criminal background investigation has not
2been initiated.
3    (d) The Chicago Park District shall not knowingly employ a
4person who has been convicted of the following drug offenses,
5other than an offense set forth in subsection (c), until 7
6years following the end of the sentence imposed for any of the
7following offenses: (i) those defined in the Cannabis Control
8Act, except those defined in Sections 4(a), 4(b), 4(c), 5(a),
9and 5(b) of that Act; (ii) those defined in the Illinois
10Controlled Substances Act; (iii) those defined in the
11Methamphetamine Control and Community Protection Act; and (iv)
12any offense committed or attempted in any other state or
13against the laws of the United States, which, if committed or
14attempted in this State, would have been punishable as one or
15more of the foregoing offenses. For purposes of this
16paragraph, "sentence" includes any period of supervision or
17probation that was imposed either alone or in combination with
18a period of incarceration.
19    (e) Notwithstanding the provisions of subsection (c) or
20(d), the Chicago Park District may, in its discretion, employ
21a person who has been granted a certificate of good conduct
22under Section 5-5.5-25 of the Unified Code of Corrections by
23the Circuit Court.
24(Source: P.A. 99-884, eff. 8-22-16.)
 
25    Section 505. The Metropolitan Transit Authority Act is

 

 

HB3655- 700 -LRB102 16922 WGH 22334 b

1amended by changing Section 28b as follows:
 
2    (70 ILCS 3605/28b)  (from Ch. 111 2/3, par. 328b)
3    Sec. 28b. Any person applying for a position as a driver of
4a vehicle owned by a private carrier company which provides
5public transportation pursuant to an agreement with the
6Authority shall be required to authorize an investigation by
7the private carrier company to determine if the applicant has
8been convicted of any of the following offenses: (i) those
9offenses defined in Sections 9-1, 9-1.2, 10-1, 10-2, 10-3.1,
1010-4, 10-5, 10-6, 10-7, 11-1.20, 11-1.30, 11-1.40, 11-1.50,
1111-1.60, 11-6, 11-9, 11-14, 11-14.3, 11-14.4, 11-15, 11-15.1,
1211-16, 11-17, 11-18, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,
1311-20.1B, 11-20.3, 11-21, 11-22, 11-30, 12-4.3, 12-4.4,
1412-4.5, 12-6, 12-7.1, 12-11, 12-13, 12-14, 12-14.1, 12-15,
1512-16, 12-16.1, 18-1, 18-2, 19-6, 20-1, 20-1.1, 31A-1,
1631A-1.1, and 33A-2, in subsection (a) and subsection (b),
17clause (1), of Section 12-4, in subdivisions (a)(1), (b)(1),
18and (f)(1) of Section 12-3.05, and in subsection (a-5) of
19Section 12-3.1 of the Criminal Code of 1961 or the Criminal
20Code of 2012; (ii) those offenses defined in the Cannabis
21Control Act except those offenses defined in subsections (a)
22and (b) of Section 4, and subsection (a) of Section 5 of the
23Cannabis Control Act (iii) those offenses defined in the
24Illinois Controlled Substances Act; (iv) those offenses
25defined in the Methamphetamine Control and Community

 

 

HB3655- 701 -LRB102 16922 WGH 22334 b

1Protection Act; and (v) any offense committed or attempted in
2any other state or against the laws of the United States, which
3if committed or attempted in this State would be punishable as
4one or more of the foregoing offenses. Upon receipt of this
5authorization, the private carrier company shall submit the
6applicant's name, sex, race, date of birth, fingerprints and
7social security number to the Illinois Department of State
8Police on forms prescribed by the Department. The Illinois
9Department of State Police shall conduct an investigation to
10ascertain if the applicant has been convicted of any of the
11above enumerated offenses. The Department shall charge the
12private carrier company a fee for conducting the
13investigation, which fee shall be deposited in the State
14Police Services Fund and shall not exceed the cost of the
15inquiry; and the applicant shall not be charged a fee for such
16investigation by the private carrier company. The Illinois
17Department of State Police shall furnish, pursuant to positive
18identification, records of convictions, until expunged, to the
19private carrier company which requested the investigation. A
20copy of the record of convictions obtained from the Department
21shall be provided to the applicant. Any record of conviction
22received by the private carrier company shall be confidential.
23Any person who releases any confidential information
24concerning any criminal convictions of an applicant shall be
25guilty of a Class A misdemeanor, unless authorized by this
26Section.

 

 

HB3655- 702 -LRB102 16922 WGH 22334 b

1(Source: P.A. 96-1551, Article 1, Section 920, eff. 7-1-11;
296-1551, Article 2, Section 960, eff. 7-1-11; 97-1108, eff.
31-1-13; 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
4    Section 510. The School Code is amended by changing
5Sections 1A-11, 2-3.25o, 2-3.73, 2-3.140, 10-20.21a, 10-21.7,
610-21.9, 10-27.1A, 10-27.1B, 34-2.1, 34-8.05, and 34-18.5 as
7follows:
 
8    (105 ILCS 5/1A-11)
9    Sec. 1A-11. Children; methamphetamine; protocol. The State
10Board of Education shall cooperate with the Department of
11Children and Family Services and the Illinois Department of
12State Police in developing the protocol required under Section
136.5 of the Children and Family Services Act. The Board must
14post the protocol on the official Web site maintained by the
15Board.
16(Source: P.A. 94-554, eff. 1-1-06.)
 
17    (105 ILCS 5/2-3.25o)
18    Sec. 2-3.25o. Registration and recognition of non-public
19elementary and secondary schools.
20    (a) Findings. The General Assembly finds and declares (i)
21that the Constitution of the State of Illinois provides that a
22"fundamental goal of the People of the State is the
23educational development of all persons to the limits of their

 

 

HB3655- 703 -LRB102 16922 WGH 22334 b

1capacities" and (ii) that the educational development of every
2school student serves the public purposes of the State. In
3order to ensure that all Illinois students and teachers have
4the opportunity to enroll and work in State-approved
5educational institutions and programs, the State Board of
6Education shall provide for the voluntary registration and
7recognition of non-public elementary and secondary schools.
8    (b) Registration. All non-public elementary and secondary
9schools in the State of Illinois may voluntarily register with
10the State Board of Education on an annual basis. Registration
11shall be completed in conformance with procedures prescribed
12by the State Board of Education. Information required for
13registration shall include assurances of compliance (i) with
14federal and State laws regarding health examination and
15immunization, attendance, length of term, and
16nondiscrimination and (ii) with applicable fire and health
17safety requirements.
18    (c) Recognition. All non-public elementary and secondary
19schools in the State of Illinois may voluntarily seek the
20status of "Non-public School Recognition" from the State Board
21of Education. This status may be obtained by compliance with
22administrative guidelines and review procedures as prescribed
23by the State Board of Education. The guidelines and procedures
24must recognize that some of the aims and the financial bases of
25non-public schools are different from public schools and will
26not be identical to those for public schools, nor will they be

 

 

HB3655- 704 -LRB102 16922 WGH 22334 b

1more burdensome. The guidelines and procedures must also
2recognize the diversity of non-public schools and shall not
3impinge upon the noneducational relationships between those
4schools and their clientele.
5    (c-5) Prohibition against recognition. A non-public
6elementary or secondary school may not obtain "Non-public
7School Recognition" status unless the school requires all
8certified and non-certified applicants for employment with the
9school, after July 1, 2007, to authorize a fingerprint-based
10criminal history records check as a condition of employment to
11determine if such applicants have been convicted of any of the
12enumerated criminal or drug offenses set forth in Section
1321B-80 of this Code or have been convicted, within 7 years of
14the application for employment, of any other felony under the
15laws of this State or of any offense committed or attempted in
16any other state or against the laws of the United States that,
17if committed or attempted in this State, would have been
18punishable as a felony under the laws of this State.
19    Authorization for the check shall be furnished by the
20applicant to the school, except that if the applicant is a
21substitute teacher seeking employment in more than one
22non-public school, a teacher seeking concurrent part-time
23employment positions with more than one non-public school (as
24a reading specialist, special education teacher, or
25otherwise), or an educational support personnel employee
26seeking employment positions with more than one non-public

 

 

HB3655- 705 -LRB102 16922 WGH 22334 b

1school, then only one of the non-public schools employing the
2individual shall request the authorization. Upon receipt of
3this authorization, the non-public school shall submit the
4applicant's name, sex, race, date of birth, social security
5number, fingerprint images, and other identifiers, as
6prescribed by the Illinois Department of State Police, to the
7Illinois Department of State Police.
8    The Illinois Department of State Police and Federal Bureau
9of Investigation shall furnish, pursuant to a
10fingerprint-based criminal history records check, records of
11convictions, forever and hereafter, until expunged, to the
12president or principal of the non-public school that requested
13the check. The Illinois Department of State Police shall
14charge that school a fee for conducting such check, which fee
15must be deposited into the State Police Services Fund and must
16not exceed the cost of the inquiry. Subject to appropriations
17for these purposes, the State Superintendent of Education
18shall reimburse non-public schools for fees paid to obtain
19criminal history records checks under this Section.
20    A non-public school may not obtain recognition status
21unless the school also performs a check of the Statewide Sex
22Offender Database, as authorized by the Sex Offender Community
23Notification Law, for each applicant for employment, after
24July 1, 2007, to determine whether the applicant has been
25adjudicated a sex offender.
26    Any information concerning the record of convictions

 

 

HB3655- 706 -LRB102 16922 WGH 22334 b

1obtained by a non-public school's president or principal under
2this Section is confidential and may be disseminated only to
3the governing body of the non-public school or any other
4person necessary to the decision of hiring the applicant for
5employment. A copy of the record of convictions obtained from
6the Illinois Department of State Police shall be provided to
7the applicant for employment. Upon a check of the Statewide
8Sex Offender Database, the non-public school shall notify the
9applicant as to whether or not the applicant has been
10identified in the Sex Offender Database as a sex offender. Any
11information concerning the records of conviction obtained by
12the non-public school's president or principal under this
13Section for a substitute teacher seeking employment in more
14than one non-public school, a teacher seeking concurrent
15part-time employment positions with more than one non-public
16school (as a reading specialist, special education teacher, or
17otherwise), or an educational support personnel employee
18seeking employment positions with more than one non-public
19school may be shared with another non-public school's
20principal or president to which the applicant seeks
21employment. Any unauthorized release of confidential
22information may be a violation of Section 7 of the Criminal
23Identification Act.
24    No non-public school may obtain recognition status that
25knowingly employs a person, hired after July 1, 2007, for whom
26an Illinois a Department of State Police and Federal Bureau of

 

 

HB3655- 707 -LRB102 16922 WGH 22334 b

1Investigation fingerprint-based criminal history records check
2and a Statewide Sex Offender Database check has not been
3initiated or who has been convicted of any offense enumerated
4in Section 21B-80 of this Code or any offense committed or
5attempted in any other state or against the laws of the United
6States that, if committed or attempted in this State, would
7have been punishable as one or more of those offenses. No
8non-public school may obtain recognition status under this
9Section that knowingly employs a person who has been found to
10be the perpetrator of sexual or physical abuse of a minor under
1118 years of age pursuant to proceedings under Article II of the
12Juvenile Court Act of 1987.
13    In order to obtain recognition status under this Section,
14a non-public school must require compliance with the
15provisions of this subsection (c-5) from all employees of
16persons or firms holding contracts with the school, including,
17but not limited to, food service workers, school bus drivers,
18and other transportation employees, who have direct, daily
19contact with pupils. Any information concerning the records of
20conviction or identification as a sex offender of any such
21employee obtained by the non-public school principal or
22president must be promptly reported to the school's governing
23body.
24    Prior to the commencement of any student teaching
25experience or required internship (which is referred to as
26student teaching in this Section) in any non-public elementary

 

 

HB3655- 708 -LRB102 16922 WGH 22334 b

1or secondary school that has obtained or seeks to obtain
2recognition status under this Section, a student teacher is
3required to authorize a fingerprint-based criminal history
4records check. Authorization for and payment of the costs of
5the check must be furnished by the student teacher to the chief
6administrative officer of the non-public school where the
7student teaching is to be completed. Upon receipt of this
8authorization and payment, the chief administrative officer of
9the non-public school shall submit the student teacher's name,
10sex, race, date of birth, social security number, fingerprint
11images, and other identifiers, as prescribed by the Illinois
12Department of State Police, to the Illinois Department of
13State Police. The Illinois Department of State Police and the
14Federal Bureau of Investigation shall furnish, pursuant to a
15fingerprint-based criminal history records check, records of
16convictions, forever and hereinafter, until expunged, to the
17chief administrative officer of the non-public school that
18requested the check. The Illinois Department of State Police
19shall charge the school a fee for conducting the check, which
20fee must be passed on to the student teacher, must not exceed
21the cost of the inquiry, and must be deposited into the State
22Police Services Fund. The school shall further perform a check
23of the Statewide Sex Offender Database, as authorized by the
24Sex Offender Community Notification Law, and of the Statewide
25Murderer and Violent Offender Against Youth Database, as
26authorized by the Murderer and Violent Offender Against Youth

 

 

HB3655- 709 -LRB102 16922 WGH 22334 b

1Registration Act, for each student teacher. No school that has
2obtained or seeks to obtain recognition status under this
3Section may knowingly allow a person to student teach for whom
4a criminal history records check, a Statewide Sex Offender
5Database check, and a Statewide Murderer and Violent Offender
6Against Youth Database check have not been completed and
7reviewed by the chief administrative officer of the non-public
8school.
9    A copy of the record of convictions obtained from the
10Illinois Department of State Police must be provided to the
11student teacher. Any information concerning the record of
12convictions obtained by the chief administrative officer of
13the non-public school is confidential and may be transmitted
14only to the chief administrative officer of the non-public
15school or his or her designee, the State Superintendent of
16Education, the State Educator Preparation and Licensure Board,
17or, for clarification purposes, the Illinois Department of
18State Police or the Statewide Sex Offender Database or
19Statewide Murderer and Violent Offender Against Youth
20Database. Any unauthorized release of confidential information
21may be a violation of Section 7 of the Criminal Identification
22Act.
23    No school that has obtained or seeks to obtain recognition
24status under this Section may knowingly allow a person to
25student teach who has been convicted of any offense that would
26subject him or her to license suspension or revocation

 

 

HB3655- 710 -LRB102 16922 WGH 22334 b

1pursuant to Section 21B-80 of this Code or who has been found
2to be the perpetrator of sexual or physical abuse of a minor
3under 18 years of age pursuant to proceedings under Article II
4of the Juvenile Court Act of 1987.
5    (d) Public purposes. The provisions of this Section are in
6the public interest, for the public benefit, and serve secular
7public purposes.
8    (e) Definition. For purposes of this Section, a non-public
9school means any non-profit, non-home-based, and non-public
10elementary or secondary school that is in compliance with
11Title VI of the Civil Rights Act of 1964 and attendance at
12which satisfies the requirements of Section 26-1 of this Code.
13(Source: P.A. 99-21, eff. 1-1-16; 99-30, eff. 7-10-15.)
 
14    (105 ILCS 5/2-3.73)  (from Ch. 122, par. 2-3.73)
15    Sec. 2-3.73. Missing child program. The State Board of
16Education shall administer and implement a missing child
17program in accordance with the provisions of this Section.
18Upon receipt of each periodic information bulletin from the
19Illinois Department of State Police pursuant to Section 6 of
20the Intergovernmental Missing Child Recovery Act of 1984, the
21State Board of Education shall promptly disseminate the
22information to each school district in this State and to the
23principal or chief administrative officer of every nonpublic
24elementary and secondary school in this State registered with
25the State Board of Education. Upon receipt of such

 

 

HB3655- 711 -LRB102 16922 WGH 22334 b

1information, each school board shall compare the names on the
2bulletin to the names of all students presently enrolled in
3the schools of the district. If a school board or its designee
4determines that a missing child is attending one of the
5schools within the school district, or if the principal or
6chief administrative officer of a nonpublic school is notified
7by school personnel that a missing child is attending that
8school, the school board or the principal or chief
9administrative officer of the nonpublic school shall
10immediately give notice of this fact to the Illinois
11Department of State Police and the law enforcement agency
12having jurisdiction in the area where the missing child
13resides or attends school.
14(Source: P.A. 95-793, eff. 1-1-09; 96-734, eff. 8-25-09.)
 
15    (105 ILCS 5/2-3.140)
16    Sec. 2-3.140. Child abduction prevention instruction. The
17State Board of Education, in coordination with the Illinois
18Department of State Police, shall develop child abduction
19prevention instruction for inclusion in elementary and
20secondary school curricula throughout the State. The State
21Board of Education and the Illinois Department of State Police
22shall encourage the inclusion of the child abduction
23prevention instruction in private elementary and secondary
24school curricula throughout the State.
25(Source: P.A. 93-310, eff. 7-23-03.)
 

 

 

HB3655- 712 -LRB102 16922 WGH 22334 b

1    (105 ILCS 5/10-20.21a)
2    Sec. 10-20.21a. Contracts for charter bus services. To
3award contracts for providing charter bus services for the
4sole purpose of transporting students regularly enrolled in
5grade 12 or below to or from interscholastic athletic or
6interscholastic or school sponsored activities.
7    All contracts for providing charter bus services for the
8sole purpose of transporting students regularly enrolled in
9grade 12 or below to or from interscholastic athletic or
10interscholastic or school sponsored activities must contain
11clause (A) as set forth below, except that a contract with an
12out-of-state company may contain clause (B), as set forth
13below, or clause (A). The clause must be set forth in the body
14of the contract in typeface of at least 12 points and all upper
15case letters:
16    (A) "ALL OF THE CHARTER BUS DRIVERS WHO WILL BE PROVIDING
17SERVICES UNDER THIS CONTRACT HAVE, OR WILL HAVE BEFORE ANY
18SERVICES ARE PROVIDED:
19        (1) SUBMITTED THEIR FINGERPRINTS TO THE ILLINOIS
20    DEPARTMENT OF STATE POLICE IN THE FORM AND MANNER
21    PRESCRIBED BY THE ILLINOIS DEPARTMENT OF STATE POLICE.
22    THESE FINGERPRINTS SHALL BE CHECKED AGAINST THE
23    FINGERPRINT RECORDS NOW AND HEREAFTER FILED IN THE
24    ILLINOIS DEPARTMENT OF STATE POLICE AND FEDERAL BUREAU OF
25    INVESTIGATION CRIMINAL HISTORY RECORDS DATABASES. THE

 

 

HB3655- 713 -LRB102 16922 WGH 22334 b

1    FINGERPRINT CHECK HAS RESULTED IN A DETERMINATION THAT
2    THEY HAVE NOT BEEN CONVICTED OF COMMITTING ANY OF THE
3    OFFENSES SET FORTH IN SUBDIVISION (C-1)(4) OF SECTION
4    6-508 OF THE ILLINOIS VEHICLE CODE; AND
5        (2) DEMONSTRATED PHYSICAL FITNESS TO OPERATE SCHOOL
6    BUSES BY SUBMITTING THE RESULTS OF A MEDICAL EXAMINATION,
7    INCLUDING TESTS FOR DRUG USE, TO A STATE REGULATORY
8    AGENCY."
9    (B) "NOT ALL OF THE CHARTER BUS DRIVERS WHO WILL BE
10PROVIDING SERVICES UNDER THIS CONTRACT HAVE, OR WILL HAVE
11BEFORE ANY SERVICES ARE PROVIDED:
12        (1) SUBMITTED THEIR FINGERPRINTS TO THE ILLINOIS
13    DEPARTMENT OF STATE POLICE IN THE FORM AND MANNER
14    PRESCRIBED BY THE ILLINOIS DEPARTMENT OF STATE POLICE.
15    THESE FINGERPRINTS SHALL BE CHECKED AGAINST THE
16    FINGERPRINT RECORDS NOW AND HEREAFTER FILED IN THE
17    ILLINOIS DEPARTMENT OF STATE POLICE AND FEDERAL BUREAU OF
18    INVESTIGATION CRIMINAL HISTORY RECORDS DATABASES. THE
19    FINGERPRINT CHECK HAS RESULTED IN A DETERMINATION THAT
20    THEY HAVE NOT BEEN CONVICTED OF COMMITTING ANY OF THE
21    OFFENSES SET FORTH IN SUBDIVISION (C-1)(4) OF SECTION
22    6-508 OF THE ILLINOIS VEHICLE CODE; AND
23        (2) DEMONSTRATED PHYSICAL FITNESS TO OPERATE SCHOOL
24    BUSES BY SUBMITTING THE RESULTS OF A MEDICAL EXAMINATION,
25    INCLUDING TESTS FOR DRUG USE, TO A STATE REGULATORY
26    AGENCY."

 

 

HB3655- 714 -LRB102 16922 WGH 22334 b

1(Source: P.A. 95-331, eff. 8-21-07.)
 
2    (105 ILCS 5/10-21.7)  (from Ch. 122, par. 10-21.7)
3    Sec. 10-21.7. Attacks on school personnel.
4    (a) In the Section, "school" means any public or private
5elementary or secondary school.
6    (b) Upon receipt of a written complaint from any school
7personnel, the superintendent, or other appropriate
8administrative officer for a private school, shall report all
9incidents of battery committed against teachers, teacher
10personnel, administrative personnel or educational support
11personnel to the local law enforcement authorities immediately
12after the occurrence of the attack and to the Illinois
13Department of State Police's Illinois Uniform Crime Reporting
14Program no later than 3 days after the occurrence of the
15attack. The State Board of Education shall receive monthly as
16well as annual statistical compilations of attacks on school
17personnel from the Illinois Department of State Police through
18the Illinois Uniform Crime Reporting Program. The State Board
19of Education shall compile this information by school district
20and make it available to the public.
21(Source: P.A. 91-491, eff. 8-13-99.)
 
22    (105 ILCS 5/10-21.9)  (from Ch. 122, par. 10-21.9)
23    Sec. 10-21.9. Criminal history records checks and checks
24of the Statewide Sex Offender Database and Statewide Murderer

 

 

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1and Violent Offender Against Youth Database.
2    (a) Licensed and nonlicensed applicants for employment
3with a school district, except school bus driver applicants,
4are required as a condition of employment to authorize a
5fingerprint-based criminal history records check to determine
6if such applicants have been convicted of any disqualifying,
7enumerated criminal or drug offenses in subsection (c) of this
8Section or have been convicted, within 7 years of the
9application for employment with the school district, of any
10other felony under the laws of this State or of any offense
11committed or attempted in any other state or against the laws
12of the United States that, if committed or attempted in this
13State, would have been punishable as a felony under the laws of
14this State. Authorization for the check shall be furnished by
15the applicant to the school district, except that if the
16applicant is a substitute teacher seeking employment in more
17than one school district, a teacher seeking concurrent
18part-time employment positions with more than one school
19district (as a reading specialist, special education teacher
20or otherwise), or an educational support personnel employee
21seeking employment positions with more than one district, any
22such district may require the applicant to furnish
23authorization for the check to the regional superintendent of
24the educational service region in which are located the school
25districts in which the applicant is seeking employment as a
26substitute or concurrent part-time teacher or concurrent

 

 

HB3655- 716 -LRB102 16922 WGH 22334 b

1educational support personnel employee. Upon receipt of this
2authorization, the school district or the appropriate regional
3superintendent, as the case may be, shall submit the
4applicant's name, sex, race, date of birth, social security
5number, fingerprint images, and other identifiers, as
6prescribed by the Illinois Department of State Police, to the
7Illinois State Police Department. The regional superintendent
8submitting the requisite information to the Illinois
9Department of State Police shall promptly notify the school
10districts in which the applicant is seeking employment as a
11substitute or concurrent part-time teacher or concurrent
12educational support personnel employee that the check of the
13applicant has been requested. The Illinois Department of State
14Police and the Federal Bureau of Investigation shall furnish,
15pursuant to a fingerprint-based criminal history records
16check, records of convictions, forever and hereinafter, until
17expunged, to the president of the school board for the school
18district that requested the check, or to the regional
19superintendent who requested the check. The Illinois State
20Police Department shall charge the school district or the
21appropriate regional superintendent a fee for conducting such
22check, which fee shall be deposited in the State Police
23Services Fund and shall not exceed the cost of the inquiry; and
24the applicant shall not be charged a fee for such check by the
25school district or by the regional superintendent, except that
26those applicants seeking employment as a substitute teacher

 

 

HB3655- 717 -LRB102 16922 WGH 22334 b

1with a school district may be charged a fee not to exceed the
2cost of the inquiry. Subject to appropriations for these
3purposes, the State Superintendent of Education shall
4reimburse school districts and regional superintendents for
5fees paid to obtain criminal history records checks under this
6Section.
7    (a-5) The school district or regional superintendent shall
8further perform a check of the Statewide Sex Offender
9Database, as authorized by the Sex Offender Community
10Notification Law, for each applicant. The check of the
11Statewide Sex Offender Database must be conducted by the
12school district or regional superintendent once for every 5
13years that an applicant remains employed by the school
14district.
15    (a-6) The school district or regional superintendent shall
16further perform a check of the Statewide Murderer and Violent
17Offender Against Youth Database, as authorized by the Murderer
18and Violent Offender Against Youth Community Notification Law,
19for each applicant. The check of the Murderer and Violent
20Offender Against Youth Database must be conducted by the
21school district or regional superintendent once for every 5
22years that an applicant remains employed by the school
23district.
24    (b) Any information concerning the record of convictions
25obtained by the president of the school board or the regional
26superintendent shall be confidential and may only be

 

 

HB3655- 718 -LRB102 16922 WGH 22334 b

1transmitted to the superintendent of the school district or
2his designee, the appropriate regional superintendent if the
3check was requested by the school district, the presidents of
4the appropriate school boards if the check was requested from
5the Illinois Department of State Police by the regional
6superintendent, the State Board of Education and a school
7district as authorized under subsection (b-5), the State
8Superintendent of Education, the State Educator Preparation
9and Licensure Board, any other person necessary to the
10decision of hiring the applicant for employment, or for
11clarification purposes the Illinois Department of State Police
12or Statewide Sex Offender Database, or both. A copy of the
13record of convictions obtained from the Illinois Department of
14State Police shall be provided to the applicant for
15employment. Upon the check of the Statewide Sex Offender
16Database or Statewide Murderer and Violent Offender Against
17Youth Database, the school district or regional superintendent
18shall notify an applicant as to whether or not the applicant
19has been identified in the Database. If a check of an applicant
20for employment as a substitute or concurrent part-time teacher
21or concurrent educational support personnel employee in more
22than one school district was requested by the regional
23superintendent, and the Illinois Department of State Police
24upon a check ascertains that the applicant has not been
25convicted of any of the enumerated criminal or drug offenses
26in subsection (c) of this Section or has not been convicted,

 

 

HB3655- 719 -LRB102 16922 WGH 22334 b

1within 7 years of the application for employment with the
2school district, of any other felony under the laws of this
3State or of any offense committed or attempted in any other
4state or against the laws of the United States that, if
5committed or attempted in this State, would have been
6punishable as a felony under the laws of this State and so
7notifies the regional superintendent and if the regional
8superintendent upon a check ascertains that the applicant has
9not been identified in the Sex Offender Database or Statewide
10Murderer and Violent Offender Against Youth Database, then the
11regional superintendent shall issue to the applicant a
12certificate evidencing that as of the date specified by the
13Illinois Department of State Police the applicant has not been
14convicted of any of the enumerated criminal or drug offenses
15in subsection (c) of this Section or has not been convicted,
16within 7 years of the application for employment with the
17school district, of any other felony under the laws of this
18State or of any offense committed or attempted in any other
19state or against the laws of the United States that, if
20committed or attempted in this State, would have been
21punishable as a felony under the laws of this State and
22evidencing that as of the date that the regional
23superintendent conducted a check of the Statewide Sex Offender
24Database or Statewide Murderer and Violent Offender Against
25Youth Database, the applicant has not been identified in the
26Database. The school board of any school district may rely on

 

 

HB3655- 720 -LRB102 16922 WGH 22334 b

1the certificate issued by any regional superintendent to that
2substitute teacher, concurrent part-time teacher, or
3concurrent educational support personnel employee or may
4initiate its own criminal history records check of the
5applicant through the Illinois Department of State Police and
6its own check of the Statewide Sex Offender Database or
7Statewide Murderer and Violent Offender Against Youth Database
8as provided in this Section. Any unauthorized release of
9confidential information may be a violation of Section 7 of
10the Criminal Identification Act.
11    (b-5) If a criminal history records check or check of the
12Statewide Sex Offender Database or Statewide Murderer and
13Violent Offender Against Youth Database is performed by a
14regional superintendent for an applicant seeking employment as
15a substitute teacher with a school district, the regional
16superintendent may disclose to the State Board of Education
17whether the applicant has been issued a certificate under
18subsection (b) based on those checks. If the State Board
19receives information on an applicant under this subsection,
20then it must indicate in the Educator Licensure Information
21System for a 90-day period that the applicant has been issued
22or has not been issued a certificate.
23    (c) No school board shall knowingly employ a person who
24has been convicted of any offense that would subject him or her
25to license suspension or revocation pursuant to Section 21B-80
26of this Code, except as provided under subsection (b) of

 

 

HB3655- 721 -LRB102 16922 WGH 22334 b

1Section 21B-80. Further, no school board shall knowingly
2employ a person who has been found to be the perpetrator of
3sexual or physical abuse of any minor under 18 years of age
4pursuant to proceedings under Article II of the Juvenile Court
5Act of 1987. As a condition of employment, each school board
6must consider the status of a person who has been issued an
7indicated finding of abuse or neglect of a child by the
8Department of Children and Family Services under the Abused
9and Neglected Child Reporting Act or by a child welfare agency
10of another jurisdiction.
11    (d) No school board shall knowingly employ a person for
12whom a criminal history records check and a Statewide Sex
13Offender Database check have not been initiated.
14    (e) Within 10 days after a superintendent, regional office
15of education, or entity that provides background checks of
16license holders to public schools receives information of a
17pending criminal charge against a license holder for an
18offense set forth in Section 21B-80 of this Code, the
19superintendent, regional office of education, or entity must
20notify the State Superintendent of Education of the pending
21criminal charge.
22    If permissible by federal or State law, no later than 15
23business days after receipt of a record of conviction or of
24checking the Statewide Murderer and Violent Offender Against
25Youth Database or the Statewide Sex Offender Database and
26finding a registration, the superintendent of the employing

 

 

HB3655- 722 -LRB102 16922 WGH 22334 b

1school board or the applicable regional superintendent shall,
2in writing, notify the State Superintendent of Education of
3any license holder who has been convicted of a crime set forth
4in Section 21B-80 of this Code. Upon receipt of the record of a
5conviction of or a finding of child abuse by a holder of any
6license issued pursuant to Article 21B or Section 34-8.1 or
734-83 of the School Code, the State Superintendent of
8Education may initiate licensure suspension and revocation
9proceedings as authorized by law. If the receipt of the record
10of conviction or finding of child abuse is received within 6
11months after the initial grant of or renewal of a license, the
12State Superintendent of Education may rescind the license
13holder's license.
14    (e-5) The superintendent of the employing school board
15shall, in writing, notify the State Superintendent of
16Education and the applicable regional superintendent of
17schools of any license holder whom he or she has reasonable
18cause to believe has committed an intentional act of abuse or
19neglect with the result of making a child an abused child or a
20neglected child, as defined in Section 3 of the Abused and
21Neglected Child Reporting Act, and that act resulted in the
22license holder's dismissal or resignation from the school
23district. This notification must be submitted within 30 days
24after the dismissal or resignation. The license holder must
25also be contemporaneously sent a copy of the notice by the
26superintendent. All correspondence, documentation, and other

 

 

HB3655- 723 -LRB102 16922 WGH 22334 b

1information so received by the regional superintendent of
2schools, the State Superintendent of Education, the State
3Board of Education, or the State Educator Preparation and
4Licensure Board under this subsection (e-5) is confidential
5and must not be disclosed to third parties, except (i) as
6necessary for the State Superintendent of Education or his or
7her designee to investigate and prosecute pursuant to Article
821B of this Code, (ii) pursuant to a court order, (iii) for
9disclosure to the license holder or his or her representative,
10or (iv) as otherwise provided in this Article and provided
11that any such information admitted into evidence in a hearing
12is exempt from this confidentiality and non-disclosure
13requirement. Except for an act of willful or wanton
14misconduct, any superintendent who provides notification as
15required in this subsection (e-5) shall have immunity from any
16liability, whether civil or criminal or that otherwise might
17result by reason of such action.
18    (f) After January 1, 1990 the provisions of this Section
19shall apply to all employees of persons or firms holding
20contracts with any school district including, but not limited
21to, food service workers, school bus drivers and other
22transportation employees, who have direct, daily contact with
23the pupils of any school in such district. For purposes of
24criminal history records checks and checks of the Statewide
25Sex Offender Database on employees of persons or firms holding
26contracts with more than one school district and assigned to

 

 

HB3655- 724 -LRB102 16922 WGH 22334 b

1more than one school district, the regional superintendent of
2the educational service region in which the contracting school
3districts are located may, at the request of any such school
4district, be responsible for receiving the authorization for a
5criminal history records check prepared by each such employee
6and submitting the same to the Illinois Department of State
7Police and for conducting a check of the Statewide Sex
8Offender Database for each employee. Any information
9concerning the record of conviction and identification as a
10sex offender of any such employee obtained by the regional
11superintendent shall be promptly reported to the president of
12the appropriate school board or school boards.
13    (f-5) Upon request of a school or school district, any
14information obtained by a school district pursuant to
15subsection (f) of this Section within the last year must be
16made available to the requesting school or school district.
17    (g) Prior to the commencement of any student teaching
18experience or required internship (which is referred to as
19student teaching in this Section) in the public schools, a
20student teacher is required to authorize a fingerprint-based
21criminal history records check. Authorization for and payment
22of the costs of the check must be furnished by the student
23teacher to the school district where the student teaching is
24to be completed. Upon receipt of this authorization and
25payment, the school district shall submit the student
26teacher's name, sex, race, date of birth, social security

 

 

HB3655- 725 -LRB102 16922 WGH 22334 b

1number, fingerprint images, and other identifiers, as
2prescribed by the Illinois Department of State Police, to the
3Illinois Department of State Police. The Illinois Department
4of State Police and the Federal Bureau of Investigation shall
5furnish, pursuant to a fingerprint-based criminal history
6records check, records of convictions, forever and
7hereinafter, until expunged, to the president of the school
8board for the school district that requested the check. The
9Illinois State Police Department shall charge the school
10district a fee for conducting the check, which fee must not
11exceed the cost of the inquiry and must be deposited into the
12State Police Services Fund. The school district shall further
13perform a check of the Statewide Sex Offender Database, as
14authorized by the Sex Offender Community Notification Law, and
15of the Statewide Murderer and Violent Offender Against Youth
16Database, as authorized by the Murderer and Violent Offender
17Against Youth Registration Act, for each student teacher. No
18school board may knowingly allow a person to student teach for
19whom a criminal history records check, a Statewide Sex
20Offender Database check, and a Statewide Murderer and Violent
21Offender Against Youth Database check have not been completed
22and reviewed by the district.
23    A copy of the record of convictions obtained from the
24Illinois Department of State Police must be provided to the
25student teacher. Any information concerning the record of
26convictions obtained by the president of the school board is

 

 

HB3655- 726 -LRB102 16922 WGH 22334 b

1confidential and may only be transmitted to the superintendent
2of the school district or his or her designee, the State
3Superintendent of Education, the State Educator Preparation
4and Licensure Board, or, for clarification purposes, the
5Illinois Department of State Police or the Statewide Sex
6Offender Database or Statewide Murderer and Violent Offender
7Against Youth Database. Any unauthorized release of
8confidential information may be a violation of Section 7 of
9the Criminal Identification Act.
10    No school board shall knowingly allow a person to student
11teach who has been convicted of any offense that would subject
12him or her to license suspension or revocation pursuant to
13subsection (c) of Section 21B-80 of this Code, except as
14provided under subsection (b) of Section 21B-80. Further, no
15school board shall allow a person to student teach if he or she
16has been found to be the perpetrator of sexual or physical
17abuse of a minor under 18 years of age pursuant to proceedings
18under Article II of the Juvenile Court Act of 1987. Each school
19board must consider the status of a person to student teach who
20has been issued an indicated finding of abuse or neglect of a
21child by the Department of Children and Family Services under
22the Abused and Neglected Child Reporting Act or by a child
23welfare agency of another jurisdiction.
24    (h) (Blank).
25(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19;
26101-643, eff. 6-18-20.)
 

 

 

HB3655- 727 -LRB102 16922 WGH 22334 b

1    (105 ILCS 5/10-27.1A)
2    Sec. 10-27.1A. Firearms in schools.
3    (a) All school officials, including teachers, guidance
4counselors, and support staff, shall immediately notify the
5office of the principal in the event that they observe any
6person in possession of a firearm on school grounds; provided
7that taking such immediate action to notify the office of the
8principal would not immediately endanger the health, safety,
9or welfare of students who are under the direct supervision of
10the school official or the school official. If the health,
11safety, or welfare of students under the direct supervision of
12the school official or of the school official is immediately
13endangered, the school official shall notify the office of the
14principal as soon as the students under his or her supervision
15and he or she are no longer under immediate danger. A report is
16not required by this Section when the school official knows
17that the person in possession of the firearm is a law
18enforcement official engaged in the conduct of his or her
19official duties. Any school official acting in good faith who
20makes such a report under this Section shall have immunity
21from any civil or criminal liability that might otherwise be
22incurred as a result of making the report. The identity of the
23school official making such report shall not be disclosed
24except as expressly and specifically authorized by law.
25Knowingly and willfully failing to comply with this Section is

 

 

HB3655- 728 -LRB102 16922 WGH 22334 b

1a petty offense. A second or subsequent offense is a Class C
2misdemeanor.
3    (b) Upon receiving a report from any school official
4pursuant to this Section, or from any other person, the
5principal or his or her designee shall immediately notify a
6local law enforcement agency. If the person found to be in
7possession of a firearm on school grounds is a student, the
8principal or his or her designee shall also immediately notify
9that student's parent or guardian. Any principal or his or her
10designee acting in good faith who makes such reports under
11this Section shall have immunity from any civil or criminal
12liability that might otherwise be incurred or imposed as a
13result of making the reports. Knowingly and willfully failing
14to comply with this Section is a petty offense. A second or
15subsequent offense is a Class C misdemeanor. If the person
16found to be in possession of the firearm on school grounds is a
17minor, the law enforcement agency shall detain that minor
18until such time as the agency makes a determination pursuant
19to clause (a) of subsection (1) of Section 5-401 of the
20Juvenile Court Act of 1987, as to whether the agency
21reasonably believes that the minor is delinquent. If the law
22enforcement agency determines that probable cause exists to
23believe that the minor committed a violation of item (4) of
24subsection (a) of Section 24-1 of the Criminal Code of 2012
25while on school grounds, the agency shall detain the minor for
26processing pursuant to Section 5-407 of the Juvenile Court Act

 

 

HB3655- 729 -LRB102 16922 WGH 22334 b

1of 1987.
2    (c) On or after January 1, 1997, upon receipt of any
3written, electronic, or verbal report from any school
4personnel regarding a verified incident involving a firearm in
5a school or on school owned or leased property, including any
6conveyance owned, leased, or used by the school for the
7transport of students or school personnel, the superintendent
8or his or her designee shall report all such firearm-related
9incidents occurring in a school or on school property to the
10local law enforcement authorities immediately and to the
11Illinois Department of State Police in a form, manner, and
12frequency as prescribed by the Illinois Department of State
13Police.
14    The State Board of Education shall receive an annual
15statistical compilation and related data associated with
16incidents involving firearms in schools from the Illinois
17Department of State Police. The State Board of Education shall
18compile this information by school district and make it
19available to the public.
20    (d) As used in this Section, the term "firearm" shall have
21the meaning ascribed to it in Section 1.1 of the Firearm Owners
22Identification Card Act.
23    As used in this Section, the term "school" means any
24public or private elementary or secondary school.
25    As used in this Section, the term "school grounds"
26includes the real property comprising any school, any

 

 

HB3655- 730 -LRB102 16922 WGH 22334 b

1conveyance owned, leased, or contracted by a school to
2transport students to or from school or a school-related
3activity, or any public way within 1,000 feet of the real
4property comprising any school.
5(Source: P.A. 97-1150, eff. 1-25-13.)
 
6    (105 ILCS 5/10-27.1B)
7    Sec. 10-27.1B. Reporting drug-related incidents in
8schools.
9    (a) In this Section:
10    "Drug" means "cannabis" as defined under subsection (a) of
11Section 3 of the Cannabis Control Act, "narcotic drug" as
12defined under subsection (aa) of Section 102 of the Illinois
13Controlled Substances Act, or "methamphetamine" as defined
14under Section 10 of the Methamphetamine Control and Community
15Protection Act.
16    "School" means any public or private elementary or
17secondary school.
18    (b) Upon receipt of any written, electronic, or verbal
19report from any school personnel regarding a verified incident
20involving drugs in a school or on school owned or leased
21property, including any conveyance owned, leased, or used by
22the school for the transport of students or school personnel,
23the superintendent or his or her designee, or other
24appropriate administrative officer for a private school, shall
25report all such drug-related incidents occurring in a school

 

 

HB3655- 731 -LRB102 16922 WGH 22334 b

1or on school property to the local law enforcement authorities
2immediately and to the Illinois Department of State Police in
3a form, manner, and frequency as prescribed by the Illinois
4Department of State Police.
5    (c) The State Board of Education shall receive an annual
6statistical compilation and related data associated with
7drug-related incidents in schools from the Illinois Department
8of State Police. The State Board of Education shall compile
9this information by school district and make it available to
10the public.
11(Source: P.A. 94-556, eff. 9-11-05.)
 
12    (105 ILCS 5/34-2.1)  (from Ch. 122, par. 34-2.1)
13    Sec. 34-2.1. Local School Councils - Composition -
14Voter-Eligibility - Elections - Terms.
15    (a) A local school council shall be established for each
16attendance center within the school district. Each local
17school council shall consist of the following 12 voting
18members: the principal of the attendance center, 2 teachers
19employed and assigned to perform the majority of their
20employment duties at the attendance center, 6 parents of
21students currently enrolled at the attendance center, one
22employee of the school district employed and assigned to
23perform the majority of his or her employment duties at the
24attendance center who is not a teacher, and 2 community
25residents. Neither the parents nor the community residents who

 

 

HB3655- 732 -LRB102 16922 WGH 22334 b

1serve as members of the local school council shall be
2employees of the Board of Education. In each secondary
3attendance center, the local school council shall consist of
413 voting members -- the 12 voting members described above and
5one full-time student member, appointed as provided in
6subsection (m) below. In the event that the chief executive
7officer of the Chicago School Reform Board of Trustees
8determines that a local school council is not carrying out its
9financial duties effectively, the chief executive officer is
10authorized to appoint a representative of the business
11community with experience in finance and management to serve
12as an advisor to the local school council for the purpose of
13providing advice and assistance to the local school council on
14fiscal matters. The advisor shall have access to relevant
15financial records of the local school council. The advisor may
16attend executive sessions. The chief executive officer shall
17issue a written policy defining the circumstances under which
18a local school council is not carrying out its financial
19duties effectively.
20    (b) Within 7 days of January 11, 1991, the Mayor shall
21appoint the members and officers (a Chairperson who shall be a
22parent member and a Secretary) of each local school council
23who shall hold their offices until their successors shall be
24elected and qualified. Members so appointed shall have all the
25powers and duties of local school councils as set forth in this
26amendatory Act of 1991. The Mayor's appointments shall not

 

 

HB3655- 733 -LRB102 16922 WGH 22334 b

1require approval by the City Council.
2    The membership of each local school council shall be
3encouraged to be reflective of the racial and ethnic
4composition of the student population of the attendance center
5served by the local school council.
6    (c) Beginning with the 1995-1996 school year and in every
7even-numbered year thereafter, the Board shall set second
8semester Parent Report Card Pick-up Day for Local School
9Council elections and may schedule elections at year-round
10schools for the same dates as the remainder of the school
11system. Elections shall be conducted as provided herein by the
12Board of Education in consultation with the local school
13council at each attendance center.
14    (c-5) Notwithstanding subsection (c), for the local school
15council election set for the 2019-2020 school year, the Board
16may hold the election on the first semester Parent Report Card
17Pick-up Day of the 2020-2021 school year, making any necessary
18modifications to the election process or date to comply with
19guidance from the Department of Public Health and the federal
20Centers for Disease Control and Prevention. The terms of
21office of all local school council members eligible to serve
22and seated on or after March 23, 2020 through January 10, 2021
23are extended through January 10, 2021, provided that the
24members continue to meet eligibility requirements for local
25school council membership.
26    (d) Beginning with the 1995-96 school year, the following

 

 

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1procedures shall apply to the election of local school council
2members at each attendance center:
3        (i) The elected members of each local school council
4    shall consist of the 6 parent members and the 2 community
5    resident members.
6        (ii) Each elected member shall be elected by the
7    eligible voters of that attendance center to serve for a
8    two-year term commencing on July 1 immediately following
9    the election described in subsection (c), except that the
10    terms of members elected to a local school council under
11    subsection (c-5) shall commence on January 11, 2021 and
12    end on July 1, 2022. Eligible voters for each attendance
13    center shall consist of the parents and community
14    residents for that attendance center.
15        (iii) Each eligible voter shall be entitled to cast
16    one vote for up to a total of 5 candidates, irrespective of
17    whether such candidates are parent or community resident
18    candidates.
19        (iv) Each parent voter shall be entitled to vote in
20    the local school council election at each attendance
21    center in which he or she has a child currently enrolled.
22    Each community resident voter shall be entitled to vote in
23    the local school council election at each attendance
24    center for which he or she resides in the applicable
25    attendance area or voting district, as the case may be.
26        (v) Each eligible voter shall be entitled to vote

 

 

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1    once, but not more than once, in the local school council
2    election at each attendance center at which the voter is
3    eligible to vote.
4        (vi) The 2 teacher members and the non-teacher
5    employee member of each local school council shall be
6    appointed as provided in subsection (l) below each to
7    serve for a two-year term coinciding with that of the
8    elected parent and community resident members. From March
9    23, 2020 through January 10, 2021, the chief executive
10    officer or his or her designee may make accommodations to
11    fill the vacancy of a teacher or non-teacher employee
12    member of a local school council.
13        (vii) At secondary attendance centers, the voting
14    student member shall be appointed as provided in
15    subsection (m) below to serve for a one-year term
16    coinciding with the beginning of the terms of the elected
17    parent and community members of the local school council.
18    For the 2020-2021 school year, the chief executive officer
19    or his or her designee may make accommodations to fill the
20    vacancy of a student member of a local school council.
21    (e) The Council shall publicize the date and place of the
22election by posting notices at the attendance center, in
23public places within the attendance boundaries of the
24attendance center and by distributing notices to the pupils at
25the attendance center, and shall utilize such other means as
26it deems necessary to maximize the involvement of all eligible

 

 

HB3655- 736 -LRB102 16922 WGH 22334 b

1voters.
2    (f) Nomination. The Council shall publicize the opening of
3nominations by posting notices at the attendance center, in
4public places within the attendance boundaries of the
5attendance center and by distributing notices to the pupils at
6the attendance center, and shall utilize such other means as
7it deems necessary to maximize the involvement of all eligible
8voters. Not less than 2 weeks before the election date,
9persons eligible to run for the Council shall submit their
10name, date of birth, social security number, if available, and
11some evidence of eligibility to the Council. The Council shall
12encourage nomination of candidates reflecting the
13racial/ethnic population of the students at the attendance
14center. Each person nominated who runs as a candidate shall
15disclose, in a manner determined by the Board, any economic
16interest held by such person, by such person's spouse or
17children, or by each business entity in which such person has
18an ownership interest, in any contract with the Board, any
19local school council or any public school in the school
20district. Each person nominated who runs as a candidate shall
21also disclose, in a manner determined by the Board, if he or
22she ever has been convicted of any of the offenses specified in
23subsection (c) of Section 34-18.5; provided that neither this
24provision nor any other provision of this Section shall be
25deemed to require the disclosure of any information that is
26contained in any law enforcement record or juvenile court

 

 

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1record that is confidential or whose accessibility or
2disclosure is restricted or prohibited under Section 5-901 or
35-905 of the Juvenile Court Act of 1987. Failure to make such
4disclosure shall render a person ineligible for election or to
5serve on the local school council. The same disclosure shall
6be required of persons under consideration for appointment to
7the Council pursuant to subsections (l) and (m) of this
8Section.
9    (f-5) Notwithstanding disclosure, a person who has been
10convicted of any of the following offenses at any time shall be
11ineligible for election or appointment to a local school
12council and ineligible for appointment to a local school
13council pursuant to subsections (l) and (m) of this Section:
14(i) those defined in Section 11-1.20, 11-1.30, 11-1.40,
1511-1.50, 11-1.60, 11-6, 11-9.1, 11-14.4, 11-16, 11-17.1,
1611-19, 11-19.1, 11-19.2, 11-20.1, 11-20.1B, 11-20.3, 12-13,
1712-14, 12-14.1, 12-15, or 12-16, or subdivision (a)(2) of
18Section 11-14.3, of the Criminal Code of 1961 or the Criminal
19Code of 2012, or (ii) any offense committed or attempted in any
20other state or against the laws of the United States, which, if
21committed or attempted in this State, would have been
22punishable as one or more of the foregoing offenses.
23Notwithstanding disclosure, a person who has been convicted of
24any of the following offenses within the 10 years previous to
25the date of nomination or appointment shall be ineligible for
26election or appointment to a local school council: (i) those

 

 

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1defined in Section 401.1, 405.1, or 405.2 of the Illinois
2Controlled Substances Act or (ii) any offense committed or
3attempted in any other state or against the laws of the United
4States, which, if committed or attempted in this State, would
5have been punishable as one or more of the foregoing offenses.
6    Immediately upon election or appointment, incoming local
7school council members shall be required to undergo a criminal
8background investigation, to be completed prior to the member
9taking office, in order to identify any criminal convictions
10under the offenses enumerated in Section 34-18.5. The
11investigation shall be conducted by the Illinois Department of
12State Police in the same manner as provided for in Section
1334-18.5. However, notwithstanding Section 34-18.5, the social
14security number shall be provided only if available. If it is
15determined at any time that a local school council member or
16member-elect has been convicted of any of the offenses
17enumerated in this Section or failed to disclose a conviction
18of any of the offenses enumerated in Section 34-18.5, the
19general superintendent shall notify the local school council
20member or member-elect of such determination and the local
21school council member or member-elect shall be removed from
22the local school council by the Board, subject to a hearing,
23convened pursuant to Board rule, prior to removal.
24    (g) At least one week before the election date, the
25Council shall publicize, in the manner provided in subsection
26(e), the names of persons nominated for election.

 

 

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1    (h) Voting shall be in person by secret ballot at the
2attendance center between the hours of 6:00 a.m. and 7:00 p.m.
3    (i) Candidates receiving the highest number of votes shall
4be declared elected by the Council. In cases of a tie, the
5Council shall determine the winner by lot.
6    (j) The Council shall certify the results of the election
7and shall publish the results in the minutes of the Council.
8    (k) The general superintendent shall resolve any disputes
9concerning election procedure or results and shall ensure
10that, except as provided in subsections (e) and (g), no
11resources of any attendance center shall be used to endorse or
12promote any candidate.
13    (l) Beginning with the 1995-1996 school year and in every
14even numbered year thereafter, the Board shall appoint 2
15teacher members to each local school council. These
16appointments shall be made in the following manner:
17        (i) The Board shall appoint 2 teachers who are
18    employed and assigned to perform the majority of their
19    employment duties at the attendance center to serve on the
20    local school council of the attendance center for a
21    two-year term coinciding with the terms of the elected
22    parent and community members of that local school council.
23    These appointments shall be made from among those teachers
24    who are nominated in accordance with subsection (f).
25        (ii) A non-binding, advisory poll to ascertain the
26    preferences of the school staff regarding appointments of

 

 

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1    teachers to the local school council for that attendance
2    center shall be conducted in accordance with the
3    procedures used to elect parent and community Council
4    representatives. At such poll, each member of the school
5    staff shall be entitled to indicate his or her preference
6    for up to 2 candidates from among those who submitted
7    statements of candidacy as described above. These
8    preferences shall be advisory only and the Board shall
9    maintain absolute discretion to appoint teacher members to
10    local school councils, irrespective of the preferences
11    expressed in any such poll.
12        (iii) In the event that a teacher representative is
13    unable to perform his or her employment duties at the
14    school due to illness, disability, leave of absence,
15    disciplinary action, or any other reason, the Board shall
16    declare a temporary vacancy and appoint a replacement
17    teacher representative to serve on the local school
18    council until such time as the teacher member originally
19    appointed pursuant to this subsection (l) resumes service
20    at the attendance center or for the remainder of the term.
21    The replacement teacher representative shall be appointed
22    in the same manner and by the same procedures as teacher
23    representatives are appointed in subdivisions (i) and (ii)
24    of this subsection (l).
25    (m) Beginning with the 1995-1996 school year, and in every
26year thereafter, the Board shall appoint one student member to

 

 

HB3655- 741 -LRB102 16922 WGH 22334 b

1each secondary attendance center. These appointments shall be
2made in the following manner:
3        (i) Appointments shall be made from among those
4    students who submit statements of candidacy to the
5    principal of the attendance center, such statements to be
6    submitted commencing on the first day of the twentieth
7    week of school and continuing for 2 weeks thereafter. The
8    form and manner of such candidacy statements shall be
9    determined by the Board.
10        (ii) During the twenty-second week of school in every
11    year, the principal of each attendance center shall
12    conduct a non-binding, advisory poll to ascertain the
13    preferences of the school students regarding the
14    appointment of a student to the local school council for
15    that attendance center. At such poll, each student shall
16    be entitled to indicate his or her preference for up to one
17    candidate from among those who submitted statements of
18    candidacy as described above. The Board shall promulgate
19    rules to ensure that these non-binding, advisory polls are
20    conducted in a fair and equitable manner and maximize the
21    involvement of all school students. The preferences
22    expressed in these non-binding, advisory polls shall be
23    transmitted by the principal to the Board. However, these
24    preferences shall be advisory only and the Board shall
25    maintain absolute discretion to appoint student members to
26    local school councils, irrespective of the preferences

 

 

HB3655- 742 -LRB102 16922 WGH 22334 b

1    expressed in any such poll.
2        (iii) For the 1995-96 school year only, appointments
3    shall be made from among those students who submitted
4    statements of candidacy to the principal of the attendance
5    center during the first 2 weeks of the school year. The
6    principal shall communicate the results of any nonbinding,
7    advisory poll to the Board. These results shall be
8    advisory only, and the Board shall maintain absolute
9    discretion to appoint student members to local school
10    councils, irrespective of the preferences expressed in any
11    such poll.
12    (n) The Board may promulgate such other rules and
13regulations for election procedures as may be deemed necessary
14to ensure fair elections.
15    (o) In the event that a vacancy occurs during a member's
16term, the Council shall appoint a person eligible to serve on
17the Council, to fill the unexpired term created by the
18vacancy, except that any teacher vacancy shall be filled by
19the Board after considering the preferences of the school
20staff as ascertained through a non-binding advisory poll of
21school staff.
22    (p) If less than the specified number of persons is
23elected within each candidate category, the newly elected
24local school council shall appoint eligible persons to serve
25as members of the Council for two-year terms.
26    (q) The Board shall promulgate rules regarding conflicts

 

 

HB3655- 743 -LRB102 16922 WGH 22334 b

1of interest and disclosure of economic interests which shall
2apply to local school council members and which shall require
3reports or statements to be filed by Council members at
4regular intervals with the Secretary of the Board. Failure to
5comply with such rules or intentionally falsifying such
6reports shall be grounds for disqualification from local
7school council membership. A vacancy on the Council for
8disqualification may be so declared by the Secretary of the
9Board. Rules regarding conflicts of interest and disclosure of
10economic interests promulgated by the Board shall apply to
11local school council members. No less than 45 days prior to the
12deadline, the general superintendent shall provide notice, by
13mail, to each local school council member of all requirements
14and forms for compliance with economic interest statements.
15    (r) (1) If a parent member of a local school council ceases
16to have any child enrolled in the attendance center governed
17by the Local School Council due to the graduation or voluntary
18transfer of a child or children from the attendance center,
19the parent's membership on the Local School Council and all
20voting rights are terminated immediately as of the date of the
21child's graduation or voluntary transfer. If the child of a
22parent member of a local school council dies during the
23member's term in office, the member may continue to serve on
24the local school council for the balance of his or her term.
25Further, a local school council member may be removed from the
26Council by a majority vote of the Council as provided in

 

 

HB3655- 744 -LRB102 16922 WGH 22334 b

1subsection (c) of Section 34-2.2 if the Council member has
2missed 3 consecutive regular meetings, not including committee
3meetings, or 5 regular meetings in a 12 month period, not
4including committee meetings. If a parent member of a local
5school council ceases to be eligible to serve on the Council
6for any other reason, he or she shall be removed by the Board
7subject to a hearing, convened pursuant to Board rule, prior
8to removal. A vote to remove a Council member by the local
9school council shall only be valid if the Council member has
10been notified personally or by certified mail, mailed to the
11person's last known address, of the Council's intent to vote
12on the Council member's removal at least 7 days prior to the
13vote. The Council member in question shall have the right to
14explain his or her actions and shall be eligible to vote on the
15question of his or her removal from the Council. The
16provisions of this subsection shall be contained within the
17petitions used to nominate Council candidates.
18    (2) A person may continue to serve as a community resident
19member of a local school council as long as he or she resides
20in the attendance area served by the school and is not employed
21by the Board nor is a parent of a student enrolled at the
22school. If a community resident member ceases to be eligible
23to serve on the Council, he or she shall be removed by the
24Board subject to a hearing, convened pursuant to Board rule,
25prior to removal.
26    (3) A person may continue to serve as a teacher member of a

 

 

HB3655- 745 -LRB102 16922 WGH 22334 b

1local school council as long as he or she is employed and
2assigned to perform a majority of his or her duties at the
3school, provided that if the teacher representative resigns
4from employment with the Board or voluntarily transfers to
5another school, the teacher's membership on the local school
6council and all voting rights are terminated immediately as of
7the date of the teacher's resignation or upon the date of the
8teacher's voluntary transfer to another school. If a teacher
9member of a local school council ceases to be eligible to serve
10on a local school council for any other reason, that member
11shall be removed by the Board subject to a hearing, convened
12pursuant to Board rule, prior to removal.
13    (s) As used in this Section only, "community resident"
14means a person, 17 years of age or older, residing within an
15attendance area served by a school, excluding any person who
16is a parent of a student enrolled in that school; provided that
17with respect to any multi-area school, community resident
18means any person, 17 years of age or older, residing within the
19voting district established for that school pursuant to
20Section 34-2.1c, excluding any person who is a parent of a
21student enrolled in that school. This definition does not
22apply to any provisions concerning school boards.
23(Source: P.A. 101-643, eff. 6-18-20.)
 
24    (105 ILCS 5/34-8.05)
25    Sec. 34-8.05. Reporting firearms in schools. On or after

 

 

HB3655- 746 -LRB102 16922 WGH 22334 b

1January 1, 1997, upon receipt of any written, electronic, or
2verbal report from any school personnel regarding a verified
3incident involving a firearm in a school or on school owned or
4leased property, including any conveyance owned, leased, or
5used by the school for the transport of students or school
6personnel, the general superintendent or his or her designee
7shall report all such firearm-related incidents occurring in a
8school or on school property to the local law enforcement
9authorities no later than 24 hours after the occurrence of the
10incident and to the Illinois Department of State Police in a
11form, manner, and frequency as prescribed by the Illinois
12Department of State Police.
13    The State Board of Education shall receive an annual
14statistical compilation and related data associated with
15incidents involving firearms in schools from the Illinois
16Department of State Police. As used in this Section, the term
17"firearm" shall have the meaning ascribed to it in Section 1.1
18of the Firearm Owners Identification Card Act.
19(Source: P.A. 89-498, eff. 6-27-96.)
 
20    (105 ILCS 5/34-18.5)  (from Ch. 122, par. 34-18.5)
21    Sec. 34-18.5. Criminal history records checks and checks
22of the Statewide Sex Offender Database and Statewide Murderer
23and Violent Offender Against Youth Database.
24    (a) Licensed and nonlicensed applicants for employment
25with the school district are required as a condition of

 

 

HB3655- 747 -LRB102 16922 WGH 22334 b

1employment to authorize a fingerprint-based criminal history
2records check to determine if such applicants have been
3convicted of any disqualifying, enumerated criminal or drug
4offense in subsection (c) of this Section or have been
5convicted, within 7 years of the application for employment
6with the school district, of any other felony under the laws of
7this State or of any offense committed or attempted in any
8other state or against the laws of the United States that, if
9committed or attempted in this State, would have been
10punishable as a felony under the laws of this State.
11Authorization for the check shall be furnished by the
12applicant to the school district, except that if the applicant
13is a substitute teacher seeking employment in more than one
14school district, or a teacher seeking concurrent part-time
15employment positions with more than one school district (as a
16reading specialist, special education teacher or otherwise),
17or an educational support personnel employee seeking
18employment positions with more than one district, any such
19district may require the applicant to furnish authorization
20for the check to the regional superintendent of the
21educational service region in which are located the school
22districts in which the applicant is seeking employment as a
23substitute or concurrent part-time teacher or concurrent
24educational support personnel employee. Upon receipt of this
25authorization, the school district or the appropriate regional
26superintendent, as the case may be, shall submit the

 

 

HB3655- 748 -LRB102 16922 WGH 22334 b

1applicant's name, sex, race, date of birth, social security
2number, fingerprint images, and other identifiers, as
3prescribed by the Illinois Department of State Police, to the
4Illinois State Police Department. The regional superintendent
5submitting the requisite information to the Illinois
6Department of State Police shall promptly notify the school
7districts in which the applicant is seeking employment as a
8substitute or concurrent part-time teacher or concurrent
9educational support personnel employee that the check of the
10applicant has been requested. The Illinois Department of State
11Police and the Federal Bureau of Investigation shall furnish,
12pursuant to a fingerprint-based criminal history records
13check, records of convictions, forever and hereinafter, until
14expunged, to the president of the school board for the school
15district that requested the check, or to the regional
16superintendent who requested the check. The Illinois State
17Police Department shall charge the school district or the
18appropriate regional superintendent a fee for conducting such
19check, which fee shall be deposited in the State Police
20Services Fund and shall not exceed the cost of the inquiry; and
21the applicant shall not be charged a fee for such check by the
22school district or by the regional superintendent. Subject to
23appropriations for these purposes, the State Superintendent of
24Education shall reimburse the school district and regional
25superintendent for fees paid to obtain criminal history
26records checks under this Section.

 

 

HB3655- 749 -LRB102 16922 WGH 22334 b

1    (a-5) The school district or regional superintendent shall
2further perform a check of the Statewide Sex Offender
3Database, as authorized by the Sex Offender Community
4Notification Law, for each applicant. The check of the
5Statewide Sex Offender Database must be conducted by the
6school district or regional superintendent once for every 5
7years that an applicant remains employed by the school
8district.
9    (a-6) The school district or regional superintendent shall
10further perform a check of the Statewide Murderer and Violent
11Offender Against Youth Database, as authorized by the Murderer
12and Violent Offender Against Youth Community Notification Law,
13for each applicant. The check of the Murderer and Violent
14Offender Against Youth Database must be conducted by the
15school district or regional superintendent once for every 5
16years that an applicant remains employed by the school
17district.
18    (b) Any information concerning the record of convictions
19obtained by the president of the board of education or the
20regional superintendent shall be confidential and may only be
21transmitted to the general superintendent of the school
22district or his designee, the appropriate regional
23superintendent if the check was requested by the board of
24education for the school district, the presidents of the
25appropriate board of education or school boards if the check
26was requested from the Illinois Department of State Police by

 

 

HB3655- 750 -LRB102 16922 WGH 22334 b

1the regional superintendent, the State Board of Education and
2the school district as authorized under subsection (b-5), the
3State Superintendent of Education, the State Educator
4Preparation and Licensure Board or any other person necessary
5to the decision of hiring the applicant for employment. A copy
6of the record of convictions obtained from the Illinois
7Department of State Police shall be provided to the applicant
8for employment. Upon the check of the Statewide Sex Offender
9Database or Statewide Murderer and Violent Offender Against
10Youth Database, the school district or regional superintendent
11shall notify an applicant as to whether or not the applicant
12has been identified in the Database. If a check of an applicant
13for employment as a substitute or concurrent part-time teacher
14or concurrent educational support personnel employee in more
15than one school district was requested by the regional
16superintendent, and the Illinois Department of State Police
17upon a check ascertains that the applicant has not been
18convicted of any of the enumerated criminal or drug offenses
19in subsection (c) of this Section or has not been convicted,
20within 7 years of the application for employment with the
21school district, of any other felony under the laws of this
22State or of any offense committed or attempted in any other
23state or against the laws of the United States that, if
24committed or attempted in this State, would have been
25punishable as a felony under the laws of this State and so
26notifies the regional superintendent and if the regional

 

 

HB3655- 751 -LRB102 16922 WGH 22334 b

1superintendent upon a check ascertains that the applicant has
2not been identified in the Sex Offender Database or Statewide
3Murderer and Violent Offender Against Youth Database, then the
4regional superintendent shall issue to the applicant a
5certificate evidencing that as of the date specified by the
6Illinois Department of State Police the applicant has not been
7convicted of any of the enumerated criminal or drug offenses
8in subsection (c) of this Section or has not been convicted,
9within 7 years of the application for employment with the
10school district, of any other felony under the laws of this
11State or of any offense committed or attempted in any other
12state or against the laws of the United States that, if
13committed or attempted in this State, would have been
14punishable as a felony under the laws of this State and
15evidencing that as of the date that the regional
16superintendent conducted a check of the Statewide Sex Offender
17Database or Statewide Murderer and Violent Offender Against
18Youth Database, the applicant has not been identified in the
19Database. The school board of any school district may rely on
20the certificate issued by any regional superintendent to that
21substitute teacher, concurrent part-time teacher, or
22concurrent educational support personnel employee or may
23initiate its own criminal history records check of the
24applicant through the Illinois Department of State Police and
25its own check of the Statewide Sex Offender Database or
26Statewide Murderer and Violent Offender Against Youth Database

 

 

HB3655- 752 -LRB102 16922 WGH 22334 b

1as provided in this Section. Any unauthorized release of
2confidential information may be a violation of Section 7 of
3the Criminal Identification Act.
4    (b-5) If a criminal history records check or check of the
5Statewide Sex Offender Database or Statewide Murderer and
6Violent Offender Against Youth Database is performed by a
7regional superintendent for an applicant seeking employment as
8a substitute teacher with the school district, the regional
9superintendent may disclose to the State Board of Education
10whether the applicant has been issued a certificate under
11subsection (b) based on those checks. If the State Board
12receives information on an applicant under this subsection,
13then it must indicate in the Educator Licensure Information
14System for a 90-day period that the applicant has been issued
15or has not been issued a certificate.
16    (c) The board of education shall not knowingly employ a
17person who has been convicted of any offense that would
18subject him or her to license suspension or revocation
19pursuant to Section 21B-80 of this Code, except as provided
20under subsection (b) of 21B-80. Further, the board of
21education shall not knowingly employ a person who has been
22found to be the perpetrator of sexual or physical abuse of any
23minor under 18 years of age pursuant to proceedings under
24Article II of the Juvenile Court Act of 1987. As a condition of
25employment, the board of education must consider the status of
26a person who has been issued an indicated finding of abuse or

 

 

HB3655- 753 -LRB102 16922 WGH 22334 b

1neglect of a child by the Department of Children and Family
2Services under the Abused and Neglected Child Reporting Act or
3by a child welfare agency of another jurisdiction.
4    (d) The board of education shall not knowingly employ a
5person for whom a criminal history records check and a
6Statewide Sex Offender Database check have not been initiated.
7    (e) Within 10 days after the general superintendent of
8schools, a regional office of education, or an entity that
9provides background checks of license holders to public
10schools receives information of a pending criminal charge
11against a license holder for an offense set forth in Section
1221B-80 of this Code, the superintendent, regional office of
13education, or entity must notify the State Superintendent of
14Education of the pending criminal charge.
15    No later than 15 business days after receipt of a record of
16conviction or of checking the Statewide Murderer and Violent
17Offender Against Youth Database or the Statewide Sex Offender
18Database and finding a registration, the general
19superintendent of schools or the applicable regional
20superintendent shall, in writing, notify the State
21Superintendent of Education of any license holder who has been
22convicted of a crime set forth in Section 21B-80 of this Code.
23Upon receipt of the record of a conviction of or a finding of
24child abuse by a holder of any license issued pursuant to
25Article 21B or Section 34-8.1 or 34-83 of this Code, the State
26Superintendent of Education may initiate licensure suspension

 

 

HB3655- 754 -LRB102 16922 WGH 22334 b

1and revocation proceedings as authorized by law. If the
2receipt of the record of conviction or finding of child abuse
3is received within 6 months after the initial grant of or
4renewal of a license, the State Superintendent of Education
5may rescind the license holder's license.
6    (e-5) The general superintendent of schools shall, in
7writing, notify the State Superintendent of Education of any
8license holder whom he or she has reasonable cause to believe
9has committed an intentional act of abuse or neglect with the
10result of making a child an abused child or a neglected child,
11as defined in Section 3 of the Abused and Neglected Child
12Reporting Act, and that act resulted in the license holder's
13dismissal or resignation from the school district. This
14notification must be submitted within 30 days after the
15dismissal or resignation. The license holder must also be
16contemporaneously sent a copy of the notice by the
17superintendent. All correspondence, documentation, and other
18information so received by the State Superintendent of
19Education, the State Board of Education, or the State Educator
20Preparation and Licensure Board under this subsection (e-5) is
21confidential and must not be disclosed to third parties,
22except (i) as necessary for the State Superintendent of
23Education or his or her designee to investigate and prosecute
24pursuant to Article 21B of this Code, (ii) pursuant to a court
25order, (iii) for disclosure to the license holder or his or her
26representative, or (iv) as otherwise provided in this Article

 

 

HB3655- 755 -LRB102 16922 WGH 22334 b

1and provided that any such information admitted into evidence
2in a hearing is exempt from this confidentiality and
3non-disclosure requirement. Except for an act of willful or
4wanton misconduct, any superintendent who provides
5notification as required in this subsection (e-5) shall have
6immunity from any liability, whether civil or criminal or that
7otherwise might result by reason of such action.
8    (f) After March 19, 1990, the provisions of this Section
9shall apply to all employees of persons or firms holding
10contracts with any school district including, but not limited
11to, food service workers, school bus drivers and other
12transportation employees, who have direct, daily contact with
13the pupils of any school in such district. For purposes of
14criminal history records checks and checks of the Statewide
15Sex Offender Database on employees of persons or firms holding
16contracts with more than one school district and assigned to
17more than one school district, the regional superintendent of
18the educational service region in which the contracting school
19districts are located may, at the request of any such school
20district, be responsible for receiving the authorization for a
21criminal history records check prepared by each such employee
22and submitting the same to the Illinois Department of State
23Police and for conducting a check of the Statewide Sex
24Offender Database for each employee. Any information
25concerning the record of conviction and identification as a
26sex offender of any such employee obtained by the regional

 

 

HB3655- 756 -LRB102 16922 WGH 22334 b

1superintendent shall be promptly reported to the president of
2the appropriate school board or school boards.
3    (f-5) Upon request of a school or school district, any
4information obtained by the school district pursuant to
5subsection (f) of this Section within the last year must be
6made available to the requesting school or school district.
7    (g) Prior to the commencement of any student teaching
8experience or required internship (which is referred to as
9student teaching in this Section) in the public schools, a
10student teacher is required to authorize a fingerprint-based
11criminal history records check. Authorization for and payment
12of the costs of the check must be furnished by the student
13teacher to the school district. Upon receipt of this
14authorization and payment, the school district shall submit
15the student teacher's name, sex, race, date of birth, social
16security number, fingerprint images, and other identifiers, as
17prescribed by the Illinois Department of State Police, to the
18Illinois Department of State Police. The Illinois Department
19of State Police and the Federal Bureau of Investigation shall
20furnish, pursuant to a fingerprint-based criminal history
21records check, records of convictions, forever and
22hereinafter, until expunged, to the president of the board.
23The Illinois State Police Department shall charge the school
24district a fee for conducting the check, which fee must not
25exceed the cost of the inquiry and must be deposited into the
26State Police Services Fund. The school district shall further

 

 

HB3655- 757 -LRB102 16922 WGH 22334 b

1perform a check of the Statewide Sex Offender Database, as
2authorized by the Sex Offender Community Notification Law, and
3of the Statewide Murderer and Violent Offender Against Youth
4Database, as authorized by the Murderer and Violent Offender
5Against Youth Registration Act, for each student teacher. The
6board may not knowingly allow a person to student teach for
7whom a criminal history records check, a Statewide Sex
8Offender Database check, and a Statewide Murderer and Violent
9Offender Against Youth Database check have not been completed
10and reviewed by the district.
11    A copy of the record of convictions obtained from the
12Illinois Department of State Police must be provided to the
13student teacher. Any information concerning the record of
14convictions obtained by the president of the board is
15confidential and may only be transmitted to the general
16superintendent of schools or his or her designee, the State
17Superintendent of Education, the State Educator Preparation
18and Licensure Board, or, for clarification purposes, the
19Illinois Department of State Police or the Statewide Sex
20Offender Database or Statewide Murderer and Violent Offender
21Against Youth Database. Any unauthorized release of
22confidential information may be a violation of Section 7 of
23the Criminal Identification Act.
24    The board may not knowingly allow a person to student
25teach who has been convicted of any offense that would subject
26him or her to license suspension or revocation pursuant to

 

 

HB3655- 758 -LRB102 16922 WGH 22334 b

1subsection (c) of Section 21B-80 of this Code, except as
2provided under subsection (b) of Section 21B-80. Further, the
3board may not allow a person to student teach if he or she has
4been found to be the perpetrator of sexual or physical abuse of
5a minor under 18 years of age pursuant to proceedings under
6Article II of the Juvenile Court Act of 1987. The board must
7consider the status of a person to student teach who has been
8issued an indicated finding of abuse or neglect of a child by
9the Department of Children and Family Services under the
10Abused and Neglected Child Reporting Act or by a child welfare
11agency of another jurisdiction.
12    (h) (Blank).
13(Source: P.A. 101-72, eff. 7-12-19; 101-531, eff. 8-23-19;
14101-643, eff. 6-18-20.)
 
15    Section 515. The Medical School Matriculant Criminal
16History Records Check Act is amended by changing Sections 10,
1715, and 25 as follows:
 
18    (110 ILCS 57/10)
19    Sec. 10. Criminal history records check for matriculants.
20    (a) A public medical school located in Illinois must
21conduct an inquiry into the Illinois Department of State
22Police's Statewide Sex Offender Database for each matriculant
23and must require that each matriculant submit to a
24fingerprint-based criminal history records check for violent

 

 

HB3655- 759 -LRB102 16922 WGH 22334 b

1felony convictions, conducted by the Illinois Department of
2State Police and the Federal Bureau of Investigation, as part
3of the medical school admissions process. The medical school
4shall forward the name, sex, race, date of birth, social
5security number, and fingerprints of each of its matriculants
6to the Illinois Department of State Police to be searched
7against the fingerprint records now and hereafter filed in the
8Illinois Department of State Police and Federal Bureau of
9Investigation criminal history records databases. The
10fingerprints of each matriculant must be submitted in the form
11and manner prescribed by the Illinois Department of State
12Police. The Illinois Department of State Police shall furnish,
13pursuant to positive identification, records of a
14matriculant's violent felony convictions to the medical school
15that requested the criminal history records check. Compliance
16with the criminal history record checks required by this
17subsection (a) may also be accomplished through the use of a
18private entity that checks criminal history records for
19violent felony convictions.
20    (b) A private medical school located in Illinois must
21conduct an inquiry into the Illinois Department of State
22Police's Statewide Sex Offender Database for each matriculant
23and must require that each matriculant submit to an Illinois
24Uniform Conviction Information Act fingerprint-based, criminal
25history records check for violent felony convictions,
26conducted by the Illinois Department of State Police, as part

 

 

HB3655- 760 -LRB102 16922 WGH 22334 b

1of the medical school admissions process. The medical school
2shall forward the name, sex, race, date of birth, social
3security number, and fingerprints of each of its matriculants
4to the Illinois Department of State Police to be searched
5against the fingerprint records now and hereafter filed in the
6Illinois Department of State Police criminal history records
7database. The fingerprints of each matriculant must be
8submitted in the form and manner prescribed by the Illinois
9Department of State Police. The Illinois Department of State
10Police shall furnish, pursuant to positive identification,
11records of a matriculant's violent felony convictions to the
12medical school that requested the criminal history records
13check. Compliance with the criminal history record checks
14required by this subsection (b) may also be accomplished
15through the use of a private entity that checks criminal
16history records for violent felony convictions.
17(Source: P.A. 96-1044, eff. 7-14-10.)
 
18    (110 ILCS 57/15)
19    Sec. 15. Fees. The Illinois Department of State Police
20shall charge each requesting medical school a fee for
21conducting the criminal history records check under Section 10
22of this Act, which shall be deposited in the State Police
23Services Fund and shall not exceed the cost of the inquiry.
24Each requesting medical school is solely responsible for
25payment of this fee to the Illinois Department of State

 

 

HB3655- 761 -LRB102 16922 WGH 22334 b

1Police. Each requesting medical school is solely responsible
2for payment of any fees associated with the use of a private
3entity that checks criminal history records for violent felony
4convictions. Each medical school may impose its own fee upon a
5matriculant to cover the cost of the criminal history records
6check at the time the matriculant submits to the criminal
7history records check.
8(Source: P.A. 96-1044, eff. 7-14-10.)
 
9    (110 ILCS 57/25)
10    Sec. 25. Civil immunity. Except for willful wilful or
11wanton misconduct, no medical school acting under the
12provisions of this Act shall be civilly liable to any
13matriculant for reporting any required information to the
14Illinois Department of State Police or for any decision made
15pursuant to Section 20 of this Act.
16(Source: P.A. 94-709, eff. 12-5-05; 94-837, eff. 6-6-06.)
 
17    Section 525. The Transmitters of Money Act is amended by
18changing Section 25 as follows:
 
19    (205 ILCS 657/25)
20    Sec. 25. Application for license.
21    (a) An application for a license must be in writing, under
22oath, and in the form the Director prescribes. The application
23must contain or be accompanied by all of the following:

 

 

HB3655- 762 -LRB102 16922 WGH 22334 b

1        (1) The name of the applicant and the address of the
2    principal place of business of the applicant and the
3    address of all locations and proposed locations of the
4    applicant in this State.
5        (2) The form of business organization of the
6    applicant, including:
7            (A) a copy of its articles of incorporation and
8        amendments thereto and a copy of its bylaws, certified
9        by its secretary, if the applicant is a corporation;
10            (B) a copy of its partnership agreement, certified
11        by a partner, if the applicant is a partnership; or
12            (C) a copy of the documents that control its
13        organizational structure, certified by a managing
14        official, if the applicant is organized in some other
15        form.
16        (3) The name, business and home address, and a
17    chronological summary of the business experience, material
18    litigation history, and felony convictions over the
19    preceding 10 years of:
20            (A) the proprietor, if the applicant is an
21        individual;
22            (B) every partner, if the applicant is a
23        partnership;
24            (C) each officer, director, and controlling
25        person, if the applicant is a corporation; and
26            (D) each person in a position to exercise control

 

 

HB3655- 763 -LRB102 16922 WGH 22334 b

1        over, or direction of, the business of the applicant,
2        regardless of the form of organization of the
3        applicant.
4        (4) Financial statements, not more than one year old,
5    prepared in accordance with generally accepted accounting
6    principles and audited by a licensed public accountant or
7    certified public accountant showing the financial
8    condition of the applicant and an unaudited balance sheet
9    and statement of operation as of the most recent quarterly
10    report before the date of the application, certified by
11    the applicant or an officer or partner thereof. If the
12    applicant is a wholly owned subsidiary or is eligible to
13    file consolidated federal income tax returns with its
14    parent, however, unaudited financial statements for the
15    preceding year along with the unaudited financial
16    statements for the most recent quarter may be submitted if
17    accompanied by the audited financial statements of the
18    parent company for the preceding year along with the
19    unaudited financial statement for the most recent quarter.
20        (5) Filings of the applicant with the Securities and
21    Exchange Commission or similar foreign governmental entity
22    (English translation), if any.
23        (6) A list of all other states in which the applicant
24    is licensed as a money transmitter and whether the license
25    of the applicant for those purposes has ever been
26    withdrawn, refused, canceled, or suspended in any other

 

 

HB3655- 764 -LRB102 16922 WGH 22334 b

1    state, with full details.
2        (7) A list of all money transmitter locations and
3    proposed locations in this State.
4        (8) A sample of the contract for authorized sellers.
5        (9) A sample form of the proposed payment instruments
6    to be used in this State.
7        (10) The name and business address of the clearing
8    banks through which the applicant intends to conduct any
9    business regulated under this Act.
10        (11) A surety bond as required by Section 30 of this
11    Act.
12        (12) The applicable fees as required by Section 45 of
13    this Act.
14        (13) A written consent to service of process as
15    provided by Section 100 of this Act.
16        (14) A written statement that the applicant is in full
17    compliance with and agrees to continue to fully comply
18    with all state and federal statutes and regulations
19    relating to money laundering.
20        (15) All additional information the Director considers
21    necessary in order to determine whether or not to issue
22    the applicant a license under this Act.
23    (a-5) The proprietor, partner, officer, director, and
24controlling person of the applicant shall submit their
25fingerprints to the Illinois Department of State Police in an
26electronic format that complies with the form and manner for

 

 

HB3655- 765 -LRB102 16922 WGH 22334 b

1requesting and furnishing criminal history record information
2as prescribed by the Illinois Department of State Police.
3These fingerprints shall be retained and checked against the
4Illinois Department of State Police and Federal Bureau of
5Investigation criminal history record databases now and
6hereafter filed, including latent fingerprint searches. The
7Illinois Department of State Police shall charge applicants a
8fee for conducting the criminal history records check, which
9shall be deposited into the State Police Services Fund and
10shall not exceed the actual cost of the records check. The
11Illinois Department of State Police shall furnish records of
12Illinois convictions to the Department pursuant to positive
13identification and shall forward the national criminal history
14record information to the Department. The Department may
15require applicants to pay a separate fingerprinting fee,
16either to the Department or to a Department-designated or
17Department-approved vendor. The Department, in its discretion,
18may allow a proprietor, partner, officer, director, or
19controlling person of an applicant who does not have
20reasonable access to a designated vendor to provide his or her
21fingerprints in an alternative manner. The Department, in its
22discretion, may also use other procedures in performing or
23obtaining criminal background checks of applicants. Instead of
24submitting his or her fingerprints, an individual may submit
25proof that is satisfactory to the Department that an
26equivalent security clearance has been conducted. The

 

 

HB3655- 766 -LRB102 16922 WGH 22334 b

1Department may adopt any rules necessary to implement this
2subsection.
3    (b) The Director may, for good cause shown, waive, in
4part, any of the requirements of this Section.
5(Source: P.A. 100-979, eff. 8-19-18.)
 
6    Section 530. The Currency Reporting Act is amended by
7changing Sections 2, 3, and 4 as follows:
 
8    (205 ILCS 685/2)  (from Ch. 17, par. 7352)
9    Sec. 2. It is the purpose of this Act to require the
10keeping and submission to the Director of the Illinois State
11Police of certain reports and records of transactions
12involving United States currency when such reports and records
13have a high degree of usefulness in criminal, tax or
14regulatory investigations or proceedings.
15(Source: P.A. 87-619.)
 
16    (205 ILCS 685/3)  (from Ch. 17, par. 7353)
17    Sec. 3. As used in this Act, the term:
18    (a) "Currency" means currency and coin of the United
19States;
20    (b) (Blank); "Department" means the Department of State
21Police;
22    (c) "Director" means Director of the Illinois State
23Police;

 

 

HB3655- 767 -LRB102 16922 WGH 22334 b

1    (d) "Financial Institution" means any:
2        (1) National or state bank or banking association;
3        (2) Agency or branch of a foreign bank, or
4    international bank;
5        (3) Industrial savings bank;
6        (4) Trust company;
7        (5) Federal or state savings and loan association;
8        (6) Federal or state credit union;
9        (7) Community or ambulatory currency exchange;
10        (8) Issuer, redeemer, or cashier of travelers' checks,
11    money orders, or similar instruments;
12        (9) Operator of a credit card system;
13        (10) Insurance company;
14        (11) Dealer in precious metals, stones, and jewels;
15        (12) Loan or finance company;
16        (13) Pawnbroker;
17        (14) Travel agency;
18        (15) Licensed sender of money;
19        (16) Telegraph company;
20        (17) Business engaged in vehicle or vessel sales,
21    including automobile, airplane and boat sales;
22        (18) Person involved in real estate closings,
23    settlements, sales, or auctions.
24However, "Financial Institution" does not include an office,
25department, agency or other entity of State government.
26(Source: P.A. 87-619.)
 

 

 

HB3655- 768 -LRB102 16922 WGH 22334 b

1    (205 ILCS 685/4)  (from Ch. 17, par. 7354)
2    Sec. 4. (a) Every financial institution shall keep a
3record of every currency transaction involving more than
4$10,000 and shall file a report with the Illinois State Police
5Department at such time and containing such information as the
6Director by rule or regulation requires. Unless otherwise
7provided by rule, a financial institution may exempt from the
8reporting requirements of this Section deposits, withdrawals,
9exchanges, or payments exempted from the reporting
10requirements of Title 31 U.S.C. 5313. Each financial
11institution shall maintain a record of each exemption granted,
12including the name, address, type of business, taxpayer
13identification number, and account number of the customer
14granted the exemption; the type of transactions exempted; and
15the dollar limit of each exempt transaction. Such record of
16exemptions shall be made available to the Illinois State
17Police Department for inspection and copying.
18    (b) A financial institution in compliance with the
19provisions of the Currency and Foreign Transactions Reporting
20Act (31 U.S.C. 5311, et seq.) and Federal regulations
21prescribed thereunder shall be deemed to be in compliance with
22the provisions of this Section and rules or regulations
23prescribed thereunder by the Director.
24(Source: P.A. 87-619.)
 

 

 

HB3655- 769 -LRB102 16922 WGH 22334 b

1    Section 535. The Abused and Neglected Long Term Care
2Facility Residents Reporting Act is amended by changing
3Sections 6 and 10 as follows:
 
4    (210 ILCS 30/6)  (from Ch. 111 1/2, par. 4166)
5    Sec. 6. All reports of suspected abuse or neglect made
6under this Act shall be made immediately by telephone to the
7Department's central register established under Section 14 on
8the single, State-wide, toll-free telephone number established
9under Section 13, or in person or by telephone through the
10nearest Department office. No long term care facility
11administrator, agent or employee, or any other person, shall
12screen reports or otherwise withhold any reports from the
13Department, and no long term care facility, department of
14State government, or other agency shall establish any rules,
15criteria, standards or guidelines to the contrary. Every long
16term care facility, department of State government and other
17agency whose employees are required to make or cause to be made
18reports under Section 4 shall notify its employees of the
19provisions of that Section and of this Section, and provide to
20the Department documentation that such notification has been
21given. The Department of Human Services shall train all of its
22mental health and developmental disabilities employees in the
23detection and reporting of suspected abuse and neglect of
24residents. Reports made to the central register through the
25State-wide, toll-free telephone number shall be transmitted to

 

 

HB3655- 770 -LRB102 16922 WGH 22334 b

1appropriate Department offices and municipal health
2departments that have responsibility for licensing long term
3care facilities under the Nursing Home Care Act, the
4Specialized Mental Health Rehabilitation Act of 2013, the
5ID/DD Community Care Act, or the MC/DD Act. All reports
6received through offices of the Department shall be forwarded
7to the central register, in a manner and form described by the
8Department. The Department shall be capable of receiving
9reports of suspected abuse and neglect 24 hours a day, 7 days a
10week. Reports shall also be made in writing deposited in the
11U.S. mail, postage prepaid, within 24 hours after having
12reasonable cause to believe that the condition of the resident
13resulted from abuse or neglect. Such reports may in addition
14be made to the local law enforcement agency in the same manner.
15However, in the event a report is made to the local law
16enforcement agency, the reporter also shall immediately so
17inform the Department. The Department shall initiate an
18investigation of each report of resident abuse and neglect
19under this Act, whether oral or written, as provided for in
20Section 3-702 of the Nursing Home Care Act, Section 2-208 of
21the Specialized Mental Health Rehabilitation Act of 2013,
22Section 3-702 of the ID/DD Community Care Act, or Section
233-702 of the MC/DD Act, except that reports of abuse which
24indicate that a resident's life or safety is in imminent
25danger shall be investigated within 24 hours of such report.
26The Department may delegate to law enforcement officials or

 

 

HB3655- 771 -LRB102 16922 WGH 22334 b

1other public agencies the duty to perform such investigation.
2    With respect to investigations of reports of suspected
3abuse or neglect of residents of mental health and
4developmental disabilities institutions under the jurisdiction
5of the Department of Human Services, the Department shall
6transmit copies of such reports to the Illinois Department of
7State Police, the Department of Human Services, and the
8Inspector General appointed under Section 1-17 of the
9Department of Human Services Act. If the Department receives a
10report of suspected abuse or neglect of a recipient of
11services as defined in Section 1-123 of the Mental Health and
12Developmental Disabilities Code, the Department shall transmit
13copies of such report to the Inspector General and the
14Directors of the Guardianship and Advocacy Commission and the
15agency designated by the Governor pursuant to the Protection
16and Advocacy for Persons with Developmental Disabilities Act.
17When requested by the Director of the Guardianship and
18Advocacy Commission, the agency designated by the Governor
19pursuant to the Protection and Advocacy for Persons with
20Developmental Disabilities Act, or the Department of Financial
21and Professional Regulation, the Department, the Department of
22Human Services and the Illinois Department of State Police
23shall make available a copy of the final investigative report
24regarding investigations conducted by their respective
25agencies on incidents of suspected abuse or neglect of
26residents of mental health and developmental disabilities

 

 

HB3655- 772 -LRB102 16922 WGH 22334 b

1institutions or individuals receiving services at community
2agencies under the jurisdiction of the Department of Human
3Services. Such final investigative report shall not contain
4witness statements, investigation notes, draft summaries,
5results of lie detector tests, investigative files or other
6raw data which was used to compile the final investigative
7report. Specifically, the final investigative report of the
8Illinois Department of State Police shall mean the Director's
9final transmittal letter. The Department of Human Services
10shall also make available a copy of the results of
11disciplinary proceedings of employees involved in incidents of
12abuse or neglect to the Directors. All identifiable
13information in reports provided shall not be further disclosed
14except as provided by the Mental Health and Developmental
15Disabilities Confidentiality Act. Nothing in this Section is
16intended to limit or construe the power or authority granted
17to the agency designated by the Governor pursuant to the
18Protection and Advocacy for Persons with Developmental
19Disabilities Act, pursuant to any other State or federal
20statute.
21    With respect to investigations of reported resident abuse
22or neglect, the Department shall effect with appropriate law
23enforcement agencies formal agreements concerning methods and
24procedures for the conduct of investigations into the criminal
25histories of any administrator, staff assistant or employee of
26the nursing home or other person responsible for the residents

 

 

HB3655- 773 -LRB102 16922 WGH 22334 b

1care, as well as for other residents in the nursing home who
2may be in a position to abuse, neglect or exploit the patient.
3Pursuant to the formal agreements entered into with
4appropriate law enforcement agencies, the Department may
5request information with respect to whether the person or
6persons set forth in this paragraph have ever been charged
7with a crime and if so, the disposition of those charges.
8Unless the criminal histories of the subjects involved crimes
9of violence or resident abuse or neglect, the Department shall
10be entitled only to information limited in scope to charges
11and their dispositions. In cases where prior crimes of
12violence or resident abuse or neglect are involved, a more
13detailed report can be made available to authorized
14representatives of the Department, pursuant to the agreements
15entered into with appropriate law enforcement agencies. Any
16criminal charges and their disposition information obtained by
17the Department shall be confidential and may not be
18transmitted outside the Department, except as required herein,
19to authorized representatives or delegates of the Department,
20and may not be transmitted to anyone within the Department who
21is not duly authorized to handle resident abuse or neglect
22investigations.
23    The Department shall effect formal agreements with
24appropriate law enforcement agencies in the various counties
25and communities to encourage cooperation and coordination in
26the handling of resident abuse or neglect cases pursuant to

 

 

HB3655- 774 -LRB102 16922 WGH 22334 b

1this Act. The Department shall adopt and implement methods and
2procedures to promote statewide uniformity in the handling of
3reports of abuse and neglect under this Act, and those methods
4and procedures shall be adhered to by personnel of the
5Department involved in such investigations and reporting. The
6Department shall also make information required by this Act
7available to authorized personnel within the Department, as
8well as its authorized representatives.
9    The Department shall keep a continuing record of all
10reports made pursuant to this Act, including indications of
11the final determination of any investigation and the final
12disposition of all reports.
13    The Department shall report annually to the General
14Assembly on the incidence of abuse and neglect of long term
15care facility residents, with special attention to residents
16who are persons with mental disabilities. The report shall
17include but not be limited to data on the number and source of
18reports of suspected abuse or neglect filed under this Act,
19the nature of any injuries to residents, the final
20determination of investigations, the type and number of cases
21where abuse or neglect is determined to exist, and the final
22disposition of cases.
23(Source: P.A. 98-104, eff. 7-22-13; 99-143, eff. 7-27-15;
2499-180, eff. 7-29-15; 99-642, eff. 7-28-16.)
 
25    (210 ILCS 30/10)  (from Ch. 111 1/2, par. 4170)

 

 

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1    Sec. 10. If, during the investigation of a report made
2pursuant to this Act, the Department obtains information
3indicating possible criminal acts, the Department shall refer
4the matter to the appropriate law enforcement agency or
5agencies for further investigation or prosecution. The
6Department shall make the entire file of its investigation
7available to the appropriate law enforcement agencies.
8    With respect to reports of suspected abuse or neglect of
9residents of facilities operated by the Department of Human
10Services (as successor to the Department of Rehabilitation
11Services) or recipients of services through any home,
12institution, program or other entity licensed in whole or in
13part by the Department of Human Services (as successor to the
14Department of Rehabilitation Services), the Department shall
15refer reports to the Illinois Department of State Police or
16the appropriate law enforcement entity upon awareness that a
17possible criminal act has occurred.
18(Source: P.A. 94-428, eff. 8-2-05.)
 
19    Section 540. The Nursing Home Care Act is amended by
20changing Sections 1-114.01, 2-201.5, 2-201.6, and 2-201.7 as
21follows:
 
22    (210 ILCS 45/1-114.01)
23    Sec. 1-114.01. Identified offender. "Identified offender"
24means a person who meets any of the following criteria:

 

 

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1        (1) Has been convicted of, found guilty of,
2    adjudicated delinquent for, found not guilty by reason of
3    insanity for, or found unfit to stand trial for, any
4    felony offense listed in Section 25 of the Health Care
5    Worker Background Check Act, except for the following: (i)
6    a felony offense described in Section 10-5 of the Nurse
7    Practice Act; (ii) a felony offense described in Section
8    4, 5, 6, 8, or 17.02 of the Illinois Credit Card and Debit
9    Card Act; (iii) a felony offense described in Section 5,
10    5.1, 5.2, 7, or 9 of the Cannabis Control Act; (iv) a
11    felony offense described in Section 401, 401.1, 404, 405,
12    405.1, 407, or 407.1 of the Illinois Controlled Substances
13    Act; and (v) a felony offense described in the
14    Methamphetamine Control and Community Protection Act.
15        (2) Has been convicted of, adjudicated delinquent for,
16    found not guilty by reason of insanity for, or found unfit
17    to stand trial for, any sex offense as defined in
18    subsection (c) of Section 10 of the Sex Offender
19    Management Board Act.
20        (3) Is any other resident as determined by the
21    Illinois Department of State Police.
22(Source: P.A. 96-1372, eff. 7-29-10.)
 
23    (210 ILCS 45/2-201.5)
24    Sec. 2-201.5. Screening prior to admission.
25    (a) All persons age 18 or older seeking admission to a

 

 

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1nursing facility must be screened to determine the need for
2nursing facility services prior to being admitted, regardless
3of income, assets, or funding source. Screening for nursing
4facility services shall be administered through procedures
5established by administrative rule. Screening may be done by
6agencies other than the Department as established by
7administrative rule. This Section applies on and after July 1,
81996. No later than October 1, 2010, the Department of
9Healthcare and Family Services, in collaboration with the
10Department on Aging, the Department of Human Services, and the
11Department of Public Health, shall file administrative rules
12providing for the gathering, during the screening process, of
13information relevant to determining each person's potential
14for placing other residents, employees, and visitors at risk
15of harm.
16    (a-1) Any screening performed pursuant to subsection (a)
17of this Section shall include a determination of whether any
18person is being considered for admission to a nursing facility
19due to a need for mental health services. For a person who
20needs mental health services, the screening shall also include
21an evaluation of whether there is permanent supportive
22housing, or an array of community mental health services,
23including but not limited to supported housing, assertive
24community treatment, and peer support services, that would
25enable the person to live in the community. The person shall be
26told about the existence of any such services that would

 

 

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1enable the person to live safely and humanely and about
2available appropriate nursing home services that would enable
3the person to live safely and humanely, and the person shall be
4given the assistance necessary to avail himself or herself of
5any available services.
6    (a-2) Pre-screening for persons with a serious mental
7illness shall be performed by a psychiatrist, a psychologist,
8a registered nurse certified in psychiatric nursing, a
9licensed clinical professional counselor, or a licensed
10clinical social worker, who is competent to (i) perform a
11clinical assessment of the individual, (ii) certify a
12diagnosis, (iii) make a determination about the individual's
13current need for treatment, including substance abuse
14treatment, and recommend specific treatment, and (iv)
15determine whether a facility or a community-based program is
16able to meet the needs of the individual.
17    For any person entering a nursing facility, the
18pre-screening agent shall make specific recommendations about
19what care and services the individual needs to receive,
20beginning at admission, to attain or maintain the individual's
21highest level of independent functioning and to live in the
22most integrated setting appropriate for his or her physical
23and personal care and developmental and mental health needs.
24These recommendations shall be revised as appropriate by the
25pre-screening or re-screening agent based on the results of
26resident review and in response to changes in the resident's

 

 

HB3655- 779 -LRB102 16922 WGH 22334 b

1wishes, needs, and interest in transition.
2    Upon the person entering the nursing facility, the
3Department of Human Services or its designee shall assist the
4person in establishing a relationship with a community mental
5health agency or other appropriate agencies in order to (i)
6promote the person's transition to independent living and (ii)
7support the person's progress in meeting individual goals.
8    (a-3) The Department of Human Services, by rule, shall
9provide for a prohibition on conflicts of interest for
10pre-admission screeners. The rule shall provide for waiver of
11those conflicts by the Department of Human Services if the
12Department of Human Services determines that a scarcity of
13qualified pre-admission screeners exists in a given community
14and that, absent a waiver of conflicts, an insufficient number
15of pre-admission screeners would be available. If a conflict
16is waived, the pre-admission screener shall disclose the
17conflict of interest to the screened individual in the manner
18provided for by rule of the Department of Human Services. For
19the purposes of this subsection, a "conflict of interest"
20includes, but is not limited to, the existence of a
21professional or financial relationship between (i) a PAS-MH
22corporate or a PAS-MH agent and (ii) a community provider or
23long-term care facility.
24    (b) In addition to the screening required by subsection
25(a), a facility, except for those licensed under the MC/DD
26Act, shall, within 24 hours after admission, request a

 

 

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1criminal history background check pursuant to the Illinois
2Uniform Conviction Information Act for all persons age 18 or
3older seeking admission to the facility, unless (i) a
4background check was initiated by a hospital pursuant to
5subsection (d) of Section 6.09 of the Hospital Licensing Act
6or a pre-admission background check was conducted by the
7Department of Veterans' Affairs 30 days prior to admittance
8into an Illinois Veterans Home; (ii) the transferring resident
9is immobile; or (iii) the transferring resident is moving into
10hospice. The exemption provided in item (ii) or (iii) of this
11subsection (b) shall apply only if a background check was
12completed by the facility the resident resided at prior to
13seeking admission to the facility and the resident was
14transferred to the facility with no time passing during which
15the resident was not institutionalized. If item (ii) or (iii)
16of this subsection (b) applies, the prior facility shall
17provide a copy of its background check of the resident and all
18supporting documentation, including, when applicable, the
19criminal history report and the security assessment, to the
20facility to which the resident is being transferred.
21Background checks conducted pursuant to this Section shall be
22based on the resident's name, date of birth, and other
23identifiers as required by the Illinois Department of State
24Police. If the results of the background check are
25inconclusive, the facility shall initiate a fingerprint-based
26check, unless the fingerprint check is waived by the Director

 

 

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1of Public Health based on verification by the facility that
2the resident is completely immobile or that the resident meets
3other criteria related to the resident's health or lack of
4potential risk which may be established by Departmental rule.
5A waiver issued pursuant to this Section shall be valid only
6while the resident is immobile or while the criteria
7supporting the waiver exist. The facility shall provide for or
8arrange for any required fingerprint-based checks to be taken
9on the premises of the facility. If a fingerprint-based check
10is required, the facility shall arrange for it to be conducted
11in a manner that is respectful of the resident's dignity and
12that minimizes any emotional or physical hardship to the
13resident.
14    (c) If the results of a resident's criminal history
15background check reveal that the resident is an identified
16offender as defined in Section 1-114.01, the facility shall do
17the following:
18        (1) Immediately notify the Illinois Department of
19    State Police, in the form and manner required by the
20    Illinois Department of State Police, in collaboration with
21    the Department of Public Health, that the resident is an
22    identified offender.
23        (2) Within 72 hours, arrange for a fingerprint-based
24    criminal history record inquiry to be requested on the
25    identified offender resident. The inquiry shall be based
26    on the subject's name, sex, race, date of birth,

 

 

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1    fingerprint images, and other identifiers required by the
2    Illinois Department of State Police. The inquiry shall be
3    processed through the files of the Illinois Department of
4    State Police and the Federal Bureau of Investigation to
5    locate any criminal history record information that may
6    exist regarding the subject. The Federal Bureau of
7    Investigation shall furnish to the Illinois Department of
8    State Police, pursuant to an inquiry under this paragraph
9    (2), any criminal history record information contained in
10    its files.
11    The facility shall comply with all applicable provisions
12contained in the Illinois Uniform Conviction Information Act.
13    All name-based and fingerprint-based criminal history
14record inquiries shall be submitted to the Illinois Department
15of State Police electronically in the form and manner
16prescribed by the Illinois Department of State Police. The
17Illinois Department of State Police may charge the facility a
18fee for processing name-based and fingerprint-based criminal
19history record inquiries. The fee shall be deposited into the
20State Police Services Fund. The fee shall not exceed the
21actual cost of processing the inquiry.
22    (d) (Blank).
23    (e) The Department shall develop and maintain a
24de-identified database of residents who have injured facility
25staff, facility visitors, or other residents, and the
26attendant circumstances, solely for the purposes of evaluating

 

 

HB3655- 783 -LRB102 16922 WGH 22334 b

1and improving resident pre-screening and assessment procedures
2(including the Criminal History Report prepared under Section
32-201.6) and the adequacy of Department requirements
4concerning the provision of care and services to residents. A
5resident shall not be listed in the database until a
6Department survey confirms the accuracy of the listing. The
7names of persons listed in the database and information that
8would allow them to be individually identified shall not be
9made public. Neither the Department nor any other agency of
10State government may use information in the database to take
11any action against any individual, licensee, or other entity,
12unless the Department or agency receives the information
13independent of this subsection (e). All information collected,
14maintained, or developed under the authority of this
15subsection (e) for the purposes of the database maintained
16under this subsection (e) shall be treated in the same manner
17as information that is subject to Part 21 of Article VIII of
18the Code of Civil Procedure.
19(Source: P.A. 99-180, eff. 7-29-15; 99-314, eff. 8-7-15;
2099-453, eff. 8-24-15; 99-642, eff. 7-28-16.)
 
21    (210 ILCS 45/2-201.6)
22    Sec. 2-201.6. Criminal History Report.
23    (a) The Illinois Department of State Police shall prepare
24a Criminal History Report when it receives information,
25through the criminal history background check required

 

 

HB3655- 784 -LRB102 16922 WGH 22334 b

1pursuant to subsection (d) of Section 6.09 of the Hospital
2Licensing Act or subsection (c) of Section 2-201.5, or through
3any other means, that a resident of a facility is an identified
4offender.
5    (b) The Illinois Department of State Police shall complete
6the Criminal History Report within 10 business days after
7receiving information under subsection (a) that a resident is
8an identified offender.
9    (c) The Criminal History Report shall include, but not be
10limited to, the following:
11        (1) (Blank).
12        (2) (Blank).
13        (3) (Blank).
14        (3.5) Copies of the identified offender's parole,
15    mandatory supervised release, or probation orders.
16        (4) An interview with the identified offender.
17        (5) (Blank).
18        (6) A detailed summary of the entire criminal history
19    of the offender, including arrests, convictions, and the
20    date of the identified offender's last conviction relative
21    to the date of admission to a long-term care facility.
22        (7) If the identified offender is a convicted or
23    registered sex offender, a review of any and all sex
24    offender evaluations conducted on that offender. If there
25    is no sex offender evaluation available, the Illinois
26    Department of State Police shall arrange, through the

 

 

HB3655- 785 -LRB102 16922 WGH 22334 b

1    Department of Public Health, for a sex offender evaluation
2    to be conducted on the identified offender. If the
3    convicted or registered sex offender is under supervision
4    by the Illinois Department of Corrections or a county
5    probation department, the sex offender evaluation shall be
6    arranged by and at the expense of the supervising agency.
7    All evaluations conducted on convicted or registered sex
8    offenders under this Act shall be conducted by sex
9    offender evaluators approved by the Sex Offender
10    Management Board.
11    (d) The Illinois Department of State Police shall provide
12the Criminal History Report to a licensed forensic
13psychologist. After (i) consideration of the Criminal History
14Report, (ii) consultation with the facility administrator or
15the facility medical director, or both, regarding the mental
16and physical condition of the identified offender, and (iii)
17reviewing the facility's file on the identified offender,
18including all incident reports, all information regarding
19medication and medication compliance, and all information
20regarding previous discharges or transfers from other
21facilities, the licensed forensic psychologist shall prepare
22an Identified Offender Report and Recommendation. The
23Identified Offender Report and Recommendation shall detail
24whether and to what extent the identified offender's criminal
25history necessitates the implementation of security measures
26within the long-term care facility. If the identified offender

 

 

HB3655- 786 -LRB102 16922 WGH 22334 b

1is a convicted or registered sex offender or if the Identified
2Offender Report and Recommendation reveals that the identified
3offender poses a significant risk of harm to others within the
4facility, the offender shall be required to have his or her own
5room within the facility.
6    (e) The licensed forensic psychologist shall complete the
7Identified Offender Report and Recommendation within 14
8business days after receiving the Criminal History Report and
9shall promptly provide the Identified Offender Report and
10Recommendation to the Illinois Department of State Police,
11which shall provide the Identified Offender Report and
12Recommendation to the following:
13        (1) The long-term care facility within which the
14    identified offender resides.
15        (2) The Chief of Police of the municipality in which
16    the facility is located.
17        (3) The State of Illinois Long Term Care Ombudsman.
18        (4) The Department of Public Health.
19    (e-5) The Department of Public Health shall keep a
20continuing record of all residents determined to be identified
21offenders as defined in Section 1-114.01 and shall report the
22number of identified offender residents annually to the
23General Assembly.
24    (f) The facility shall incorporate the Identified Offender
25Report and Recommendation into the identified offender's care
26plan created pursuant to 42 CFR 483.20.

 

 

HB3655- 787 -LRB102 16922 WGH 22334 b

1    (g) If, based on the Identified Offender Report and
2Recommendation, a facility determines that it cannot manage
3the identified offender resident safely within the facility,
4it shall commence involuntary transfer or discharge
5proceedings pursuant to Section 3-402.
6    (h) Except for willful and wanton misconduct, any person
7authorized to participate in the development of a Criminal
8History Report or Identified Offender Report and
9Recommendation is immune from criminal or civil liability for
10any acts or omissions as the result of his or her good faith
11effort to comply with this Section.
12(Source: P.A. 96-1372, eff. 7-29-10.)
 
13    (210 ILCS 45/2-201.7)
14    Sec. 2-201.7. Expanded criminal history background check
15pilot program.
16    (a) The purpose of this Section is to establish a pilot
17program based in Cook and Will counties in which an expanded
18criminal history background check screening process will be
19utilized to better identify residents of licensed long term
20care facilities who, because of their criminal histories, may
21pose a risk to other vulnerable residents.
22    (b) In this Section, "mixed population facility" means a
23facility that has more than 25 residents with a diagnosis of
24serious mental illness and residents 65 years of age or older.
25    (c) Every mixed population facility located in Cook County

 

 

HB3655- 788 -LRB102 16922 WGH 22334 b

1or Will County shall participate in the pilot program and
2shall employ expanded criminal history background check
3screening procedures for all residents admitted to the
4facility who are at least 18 years of age but less than 65
5years of age. Under the pilot program, criminal history
6background checks required under this Act shall employ
7fingerprint-based criminal history record inquiries or
8comparably comprehensive name-based criminal history
9background checks. Fingerprint-based criminal history record
10inquiries shall be conducted pursuant to subsection (c-2) of
11Section 2-201.5. A Criminal History Report and an Identified
12Offender Report and Recommendation shall be completed pursuant
13to Section 2-201.6 if the results of the expanded criminal
14history background check reveal that a resident is an
15identified offender as defined in Section 1-114.01.
16    (d) If an expanded criminal history background check
17reveals that a resident is an identified offender as defined
18in Section 1-114.01, the facility shall be notified within 72
19hours.
20    (e) The cost of the expanded criminal history background
21checks conducted pursuant to the pilot program shall not
22exceed $50 per resident and shall be paid by the facility. The
23Illinois Department of State Police shall implement all
24potential measures to minimize the cost of the expanded
25criminal history background checks to the participating long
26term care facilities.

 

 

HB3655- 789 -LRB102 16922 WGH 22334 b

1    (f) The pilot program shall run for a period of one year
2after the effective date of this amendatory Act of the 96th
3General Assembly. Promptly after the end of that one-year
4period, the Department shall report the results of the pilot
5program to the General Assembly.
6(Source: P.A. 96-1372, eff. 7-29-10.)
 
7    Section 545. The MC/DD Act is amended by changing Sections
81-114.01, 2-201.5, and 2-201.6 as follows:
 
9    (210 ILCS 46/1-114.01)
10    Sec. 1-114.01. Identified offender. "Identified offender"
11means a person who meets any of the following criteria:
12        (1) Has been convicted of, found guilty of,
13    adjudicated delinquent for, found not guilty by reason of
14    insanity for, or found unfit to stand trial for any felony
15    offense listed in Section 25 of the Health Care Worker
16    Background Check Act, except for the following:
17            (i) a felony offense described in Section 10-5 of
18        the Nurse Practice Act;
19            (ii) a felony offense described in Section 4, 5,
20        6, 8, or 17.02 of the Illinois Credit Card and Debit
21        Card Act;
22            (iii) a felony offense described in Section 5,
23        5.1, 5.2, 7, or 9 of the Cannabis Control Act;
24            (iv) a felony offense described in Section 401,

 

 

HB3655- 790 -LRB102 16922 WGH 22334 b

1        401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois
2        Controlled Substances Act; and
3            (v) a felony offense described in the
4        Methamphetamine Control and Community Protection Act.
5        (2) Has been convicted of, adjudicated delinquent for,
6    found not guilty by reason of insanity for, or found unfit
7    to stand trial for, any sex offense as defined in
8    subsection (c) of Section 10 of the Sex Offender
9    Management Board Act.
10        (3) Is any other resident as determined by the
11    Illinois Department of State Police.
12(Source: P.A. 99-180, eff. 7-29-15.)
 
13    (210 ILCS 46/2-201.5)
14    Sec. 2-201.5. Screening prior to admission.
15    (a) All persons age 18 or older seeking admission to a
16facility must be screened to determine the need for facility
17services prior to being admitted, regardless of income,
18assets, or funding source. In addition, any person who seeks
19to become eligible for medical assistance from the Medical
20Assistance Program under the Illinois Public Aid Code to pay
21for services while residing in a facility must be screened
22prior to receiving those benefits. Screening for facility
23services shall be administered through procedures established
24by administrative rule. Screening may be done by agencies
25other than the Department as established by administrative

 

 

HB3655- 791 -LRB102 16922 WGH 22334 b

1rule.
2    (a-1) Any screening shall also include an evaluation of
3whether there are residential supports and services or an
4array of community services that would enable the person to
5live in the community. The person shall be told about the
6existence of any such services that would enable the person to
7live safely and humanely in the least restrictive environment,
8that is appropriate, that the individual or guardian chooses,
9and the person shall be given the assistance necessary to
10avail himself or herself of any available services.
11    (b) In addition to the screening required by subsection
12(a), a facility shall, within 24 hours after admission,
13request a criminal history background check pursuant to the
14Uniform Conviction Information Act for all persons age 18 or
15older seeking admission to the facility. Background checks
16conducted pursuant to this Section shall be based on the
17resident's name, date of birth, and other identifiers as
18required by the Illinois Department of State Police. If the
19results of the background check are inconclusive, the facility
20shall initiate a fingerprint-based check, unless the
21fingerprint-based check is waived by the Director of Public
22Health based on verification by the facility that the resident
23is completely immobile or that the resident meets other
24criteria related to the resident's health or lack of potential
25risk which may be established by Departmental rule. A waiver
26issued pursuant to this Section shall be valid only while the

 

 

HB3655- 792 -LRB102 16922 WGH 22334 b

1resident is immobile or while the criteria supporting the
2waiver exist. The facility shall provide for or arrange for
3any required fingerprint-based checks. If a fingerprint-based
4check is required, the facility shall arrange for it to be
5conducted in a manner that is respectful of the resident's
6dignity and that minimizes any emotional or physical hardship
7to the resident.
8    (c) If the results of a resident's criminal history
9background check reveal that the resident is an identified
10offender as defined in Section 1-114.01 of this Act, the
11facility shall do the following:
12        (1) Immediately notify the Illinois Department of
13    State Police, in the form and manner required by the
14    Illinois Department of State Police, in collaboration with
15    the Department of Public Health, that the resident is an
16    identified offender.
17        (2) Within 72 hours, arrange for a fingerprint-based
18    criminal history record inquiry to be requested on the
19    identified offender resident. The inquiry shall be based
20    on the subject's name, sex, race, date of birth,
21    fingerprint images, and other identifiers required by the
22    Illinois Department of State Police. The inquiry shall be
23    processed through the files of the Illinois Department of
24    State Police and the Federal Bureau of Investigation to
25    locate any criminal history record information that may
26    exist regarding the subject. The Federal Bureau of

 

 

HB3655- 793 -LRB102 16922 WGH 22334 b

1    Investigation shall furnish to the Illinois Department of
2    State Police, pursuant to an inquiry under this paragraph
3    (2), any criminal history record information contained in
4    its files. The facility shall comply with all applicable
5    provisions contained in the Uniform Conviction Information
6    Act. All name-based and fingerprint-based criminal history
7    record inquiries shall be submitted to the Illinois
8    Department of State Police electronically in the form and
9    manner prescribed by the Illinois Department of State
10    Police. The Illinois Department of State Police may charge
11    the facility a fee for processing name-based and
12    fingerprint-based criminal history record inquiries. The
13    fee shall be deposited into the State Police Services
14    Fund. The fee shall not exceed the actual cost of
15    processing the inquiry.
16    (d) The Department shall develop and maintain a
17de-identified database of residents who have injured facility
18staff, facility visitors, or other residents, and the
19attendant circumstances, solely for the purposes of evaluating
20and improving resident pre-screening and assessment procedures
21(including the Criminal History Report prepared under Section
222-201.6 of this Act) and the adequacy of Department
23requirements concerning the provision of care and services to
24residents. A resident shall not be listed in the database
25until a Department survey confirms the accuracy of the
26listing. The names of persons listed in the database and

 

 

HB3655- 794 -LRB102 16922 WGH 22334 b

1information that would allow them to be individually
2identified shall not be made public. Neither the Department
3nor any other agency of State government may use information
4in the database to take any action against any individual,
5licensee, or other entity unless the Department or agency
6receives the information independent of this subsection (d).
7All information collected, maintained, or developed under the
8authority of this subsection (d) for the purposes of the
9database maintained under this subsection (d) shall be treated
10in the same manner as information that is subject to Part 21 of
11Article VIII of the Code of Civil Procedure.
12(Source: P.A. 99-180, eff. 7-29-15.)
 
13    (210 ILCS 46/2-201.6)
14    Sec. 2-201.6. Criminal History Report.
15    (a) The Illinois Department of State Police shall prepare
16a Criminal History Report when it receives information,
17through the criminal history background check required
18pursuant to subsection (c) of Section 2-201.5 or through any
19other means, that a resident of a facility is an identified
20offender.
21    (b) The Illinois Department of State Police shall complete
22the Criminal History Report within 10 business days after
23receiving any information described under subsection (a) of
24this Act that a resident is an identified offender.
25    (c) The Criminal History Report shall include, but not be

 

 

HB3655- 795 -LRB102 16922 WGH 22334 b

1limited to, all of the following:
2        (1) Copies of the identified offender's parole,
3    mandatory supervised release, or probation orders.
4        (2) An interview with the identified offender.
5        (3) A detailed summary of the entire criminal history
6    of the offender, including arrests, convictions, and the
7    date of the identified offender's last conviction relative
8    to the date of admission to a facility.
9        (4) If the identified offender is a convicted or
10    registered sex offender, then a review of any and all sex
11    offender evaluations conducted on that offender. If there
12    is no sex offender evaluation available, then the Illinois
13    Department of State Police shall arrange, through the
14    Department of Public Health, for a sex offender evaluation
15    to be conducted on the identified offender. If the
16    convicted or registered sex offender is under supervision
17    by the Illinois Department of Corrections or a county
18    probation department, then the sex offender evaluation
19    shall be arranged by and at the expense of the supervising
20    agency. All evaluations conducted on convicted or
21    registered sex offenders under this Act shall be conducted
22    by sex offender evaluators approved by the Sex Offender
23    Management Board.
24    (d) The Illinois Department of State Police shall provide
25the Criminal History Report to a licensed forensic
26psychologist. The licensed forensic psychologist shall prepare

 

 

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1an Identified Offender Report and Recommendation after (i)
2consideration of the Criminal History Report, (ii)
3consultation with the facility administrator or the facility
4medical director, or both, regarding the mental and physical
5condition of the identified offender, and (iii) reviewing the
6facility's file on the identified offender, including all
7incident reports, all information regarding medication and
8medication compliance, and all information regarding previous
9discharges or transfers from other facilities. The Identified
10Offender Report and Recommendation shall detail whether and to
11what extent the identified offender's criminal history
12necessitates the implementation of security measures within
13the facility. If the identified offender is a convicted or
14registered sex offender, or if the Identified Offender Report
15and Recommendation reveals that the identified offender poses
16a significant risk of harm to others within the facility, then
17the offender shall be required to have his or her own room
18within the facility.
19    (e) The licensed forensic psychologist shall complete the
20Identified Offender Report and Recommendation within 14
21business days after receiving the Criminal History Report and
22shall promptly provide the Identified Offender Report and
23Recommendation to the Illinois Department of State Police,
24which shall provide the Identified Offender Report and
25Recommendation to the following:
26        (1) The facility within which the identified offender

 

 

HB3655- 797 -LRB102 16922 WGH 22334 b

1    resides.
2        (2) The Chief of Police of the municipality in which
3    the facility is located.
4        (3) The State of Illinois Long Term Care Ombudsman.
5        (4) The Department of Public Health.
6    (f) The Department of Public Health shall keep a
7continuing record of all residents determined to be identified
8offenders as defined in Section 1-114.01 and shall report the
9number of identified offender residents annually to the
10General Assembly.
11    (g) The facility shall incorporate the Identified Offender
12Report and Recommendation into the identified offender's
13individual program plan created pursuant to 42 CFR 483.440(c).
14    (h) If, based on the Identified Offender Report and
15Recommendation, a facility determines that it cannot manage
16the identified offender resident safely within the facility,
17then it shall commence involuntary transfer or discharge
18proceedings pursuant to Section 3-402.
19    (i) Except for willful and wanton misconduct, any person
20authorized to participate in the development of a Criminal
21History Report or Identified Offender Report and
22Recommendation is immune from criminal or civil liability for
23any acts or omissions as the result of his or her good faith
24effort to comply with this Section.
25(Source: P.A. 99-180, eff. 7-29-15.)
 

 

 

HB3655- 798 -LRB102 16922 WGH 22334 b

1    Section 550. The ID/DD Community Care Act is amended by
2changing Sections 1-114.01, 2-201.5, and 2-201.6 as follows:
 
3    (210 ILCS 47/1-114.01)
4    Sec. 1-114.01. Identified offender. "Identified offender"
5means a person who meets any of the following criteria:
6        (1) Has been convicted of, found guilty of,
7    adjudicated delinquent for, found not guilty by reason of
8    insanity for, or found unfit to stand trial for any felony
9    offense listed in Section 25 of the Health Care Worker
10    Background Check Act, except for the following:
11            (i) a felony offense described in Section 10-5 of
12        the Nurse Practice Act;
13            (ii) a felony offense described in Section 4, 5,
14        6, 8, or 17.02 of the Illinois Credit Card and Debit
15        Card Act;
16            (iii) a felony offense described in Section 5,
17        5.1, 5.2, 7, or 9 of the Cannabis Control Act;
18            (iv) a felony offense described in Section 401,
19        401.1, 404, 405, 405.1, 407, or 407.1 of the Illinois
20        Controlled Substances Act; and
21            (v) a felony offense described in the
22        Methamphetamine Control and Community Protection Act.
23        (2) Has been convicted of, adjudicated delinquent for,
24    found not guilty by reason of insanity for, or found unfit
25    to stand trial for, any sex offense as defined in

 

 

HB3655- 799 -LRB102 16922 WGH 22334 b

1    subsection (c) of Section 10 of the Sex Offender
2    Management Board Act.
3        (3) Is any other resident as determined by the
4    Illinois Department of State Police.
5(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.)
 
6    (210 ILCS 47/2-201.5)
7    Sec. 2-201.5. Screening prior to admission.
8    (a) All persons age 18 or older seeking admission to a
9facility must be screened to determine the need for facility
10services prior to being admitted, regardless of income,
11assets, or funding source. In addition, any person who seeks
12to become eligible for medical assistance from the Medical
13Assistance Program under the Illinois Public Aid Code to pay
14for services while residing in a facility must be screened
15prior to receiving those benefits. Screening for facility
16services shall be administered through procedures established
17by administrative rule. Screening may be done by agencies
18other than the Department as established by administrative
19rule.
20    (a-1) Any screening shall also include an evaluation of
21whether there are residential supports and services or an
22array of community services that would enable the person to
23live in the community. The person shall be told about the
24existence of any such services that would enable the person to
25live safely and humanely in the least restrictive environment,

 

 

HB3655- 800 -LRB102 16922 WGH 22334 b

1that is appropriate, that the individual or guardian chooses,
2and the person shall be given the assistance necessary to
3avail himself or herself of any available services.
4    (b) In addition to the screening required by subsection
5(a), a facility shall, within 24 hours after admission,
6request a criminal history background check pursuant to the
7Uniform Conviction Information Act for all persons age 18 or
8older seeking admission to the facility. Background checks
9conducted pursuant to this Section shall be based on the
10resident's name, date of birth, and other identifiers as
11required by the Illinois Department of State Police. If the
12results of the background check are inconclusive, the facility
13shall initiate a fingerprint-based check, unless the
14fingerprint-based check is waived by the Director of Public
15Health based on verification by the facility that the resident
16is completely immobile or that the resident meets other
17criteria related to the resident's health or lack of potential
18risk which may be established by Departmental rule. A waiver
19issued pursuant to this Section shall be valid only while the
20resident is immobile or while the criteria supporting the
21waiver exist. The facility shall provide for or arrange for
22any required fingerprint-based checks. If a fingerprint-based
23check is required, the facility shall arrange for it to be
24conducted in a manner that is respectful of the resident's
25dignity and that minimizes any emotional or physical hardship
26to the resident.

 

 

HB3655- 801 -LRB102 16922 WGH 22334 b

1    (c) If the results of a resident's criminal history
2background check reveal that the resident is an identified
3offender as defined in Section 1-114.01 of this Act, the
4facility shall do the following:
5        (1) Immediately notify the Illinois Department of
6    State Police, in the form and manner required by the
7    Illinois Department of State Police, in collaboration with
8    the Department of Public Health, that the resident is an
9    identified offender.
10        (2) Within 72 hours, arrange for a fingerprint-based
11    criminal history record inquiry to be requested on the
12    identified offender resident. The inquiry shall be based
13    on the subject's name, sex, race, date of birth,
14    fingerprint images, and other identifiers required by the
15    Illinois Department of State Police. The inquiry shall be
16    processed through the files of the Illinois Department of
17    State Police and the Federal Bureau of Investigation to
18    locate any criminal history record information that may
19    exist regarding the subject. The Federal Bureau of
20    Investigation shall furnish to the Illinois Department of
21    State Police, pursuant to an inquiry under this paragraph
22    (2), any criminal history record information contained in
23    its files. The facility shall comply with all applicable
24    provisions contained in the Uniform Conviction Information
25    Act. All name-based and fingerprint-based criminal history
26    record inquiries shall be submitted to the Illinois

 

 

HB3655- 802 -LRB102 16922 WGH 22334 b

1    Department of State Police electronically in the form and
2    manner prescribed by the Illinois Department of State
3    Police. The Illinois Department of State Police may charge
4    the facility a fee for processing name-based and
5    fingerprint-based criminal history record inquiries. The
6    fee shall be deposited into the State Police Services
7    Fund. The fee shall not exceed the actual cost of
8    processing the inquiry.
9    (d) The Department shall develop and maintain a
10de-identified database of residents who have injured facility
11staff, facility visitors, or other residents, and the
12attendant circumstances, solely for the purposes of evaluating
13and improving resident pre-screening and assessment procedures
14(including the Criminal History Report prepared under Section
152-201.6 of this Act) and the adequacy of Department
16requirements concerning the provision of care and services to
17residents. A resident shall not be listed in the database
18until a Department survey confirms the accuracy of the
19listing. The names of persons listed in the database and
20information that would allow them to be individually
21identified shall not be made public. Neither the Department
22nor any other agency of State government may use information
23in the database to take any action against any individual,
24licensee, or other entity unless the Department or agency
25receives the information independent of this subsection (d).
26All information collected, maintained, or developed under the

 

 

HB3655- 803 -LRB102 16922 WGH 22334 b

1authority of this subsection (d) for the purposes of the
2database maintained under this subsection (d) shall be treated
3in the same manner as information that is subject to Part 21 of
4Article VIII of the Code of Civil Procedure.
5(Source: P.A. 96-339, eff. 7-1-10; 97-38, eff. 6-28-11.)
 
6    (210 ILCS 47/2-201.6)
7    Sec. 2-201.6. Criminal History Report.
8    (a) The Illinois Department of State Police shall prepare
9a Criminal History Report when it receives information,
10through the criminal history background check required
11pursuant to subsection (c) of Section 2-201.5 or through any
12other means, that a resident of a facility is an identified
13offender.
14    (b) The Illinois Department of State Police shall complete
15the Criminal History Report within 10 business days after
16receiving any information described under subsection (a) of
17this Act that a resident is an identified offender.
18    (c) The Criminal History Report shall include, but not be
19limited to, all of the following:
20        (1) Copies of the identified offender's parole,
21    mandatory supervised release, or probation orders.
22        (2) An interview with the identified offender.
23        (3) A detailed summary of the entire criminal history
24    of the offender, including arrests, convictions, and the
25    date of the identified offender's last conviction relative

 

 

HB3655- 804 -LRB102 16922 WGH 22334 b

1    to the date of admission to a long-term care facility.
2        (4) If the identified offender is a convicted or
3    registered sex offender, then a review of any and all sex
4    offender evaluations conducted on that offender. If there
5    is no sex offender evaluation available, then the Illinois
6    Department of State Police shall arrange, through the
7    Department of Public Health, for a sex offender evaluation
8    to be conducted on the identified offender. If the
9    convicted or registered sex offender is under supervision
10    by the Illinois Department of Corrections or a county
11    probation department, then the sex offender evaluation
12    shall be arranged by and at the expense of the supervising
13    agency. All evaluations conducted on convicted or
14    registered sex offenders under this Act shall be conducted
15    by sex offender evaluators approved by the Sex Offender
16    Management Board.
17    (d) The Illinois Department of State Police shall provide
18the Criminal History Report to a licensed forensic
19psychologist. The licensed forensic psychologist shall prepare
20an Identified Offender Report and Recommendation after (i)
21consideration of the Criminal History Report, (ii)
22consultation with the facility administrator or the facility
23medical director, or both, regarding the mental and physical
24condition of the identified offender, and (iii) reviewing the
25facility's file on the identified offender, including all
26incident reports, all information regarding medication and

 

 

HB3655- 805 -LRB102 16922 WGH 22334 b

1medication compliance, and all information regarding previous
2discharges or transfers from other facilities. The Identified
3Offender Report and Recommendation shall detail whether and to
4what extent the identified offender's criminal history
5necessitates the implementation of security measures within
6the facility. If the identified offender is a convicted or
7registered sex offender, or if the Identified Offender Report
8and Recommendation reveals that the identified offender poses
9a significant risk of harm to others within the facility, then
10the offender shall be required to have his or her own room
11within the facility.
12    (e) The licensed forensic psychologist shall complete the
13Identified Offender Report and Recommendation within 14
14business days after receiving the Criminal History Report and
15shall promptly provide the Identified Offender Report and
16Recommendation to the Illinois Department of State Police,
17which shall provide the Identified Offender Report and
18Recommendation to the following:
19        (1) The facility within which the identified offender
20    resides.
21        (2) The Chief of Police of the municipality in which
22    the facility is located.
23        (3) The State of Illinois Long Term Care Ombudsman.
24        (4) The Department of Public Health.
25    (f) The Department of Public Health shall keep a
26continuing record of all residents determined to be identified

 

 

HB3655- 806 -LRB102 16922 WGH 22334 b

1offenders as defined in Section 1-114.01 and shall report the
2number of identified offender residents annually to the
3General Assembly.
4    (g) The facility shall incorporate the Identified Offender
5Report and Recommendation into the identified offender's
6individual program plan created pursuant to 42 CFR 483.440(c).
7    (h) If, based on the Identified Offender Report and
8Recommendation, a facility determines that it cannot manage
9the identified offender resident safely within the facility,
10then it shall commence involuntary transfer or discharge
11proceedings pursuant to Section 3-402.
12    (i) Except for willful and wanton misconduct, any person
13authorized to participate in the development of a Criminal
14History Report or Identified Offender Report and
15Recommendation is immune from criminal or civil liability for
16any acts or omissions as the result of his or her good faith
17effort to comply with this Section.
18(Source: P.A. 97-38, eff. 6-28-11.)
 
19    Section 555. The Specialized Mental Health Rehabilitation
20Act of 2013 is amended by changing Sections 2-104 and 2-105 as
21follows:
 
22    (210 ILCS 49/2-104)
23    Sec. 2-104. Screening prior to admission.
24    (a) A facility shall, within 24 hours after admission,

 

 

HB3655- 807 -LRB102 16922 WGH 22334 b

1request a criminal history background check pursuant to the
2Uniform Conviction Information Act for all persons age 18 or
3older seeking admission to the facility, unless a background
4check was initiated by a hospital pursuant to subsection (d)
5of Section 6.09 of the Hospital Licensing Act. Background
6checks conducted pursuant to this Section shall be based on
7the consumer's name, date of birth, and other identifiers as
8required by the Illinois Department of State Police. If the
9results of the background check are inconclusive, the facility
10shall initiate a fingerprint-based check, unless the
11fingerprint check is waived by the Director of Public Health
12based on verification by the facility that the consumer meets
13criteria related to the consumer's health or lack of potential
14risk which may be established by Departmental rule. A waiver
15issued pursuant to this Section shall be valid only while the
16consumer is immobile or while the criteria supporting the
17waiver exist. The facility shall provide for or arrange for
18any required fingerprint-based checks to be taken on the
19premises of the facility. If a fingerprint-based check is
20required, the facility shall arrange for it to be conducted in
21a manner that is respectful of the consumer's dignity and that
22minimizes any emotional or physical hardship to the consumer.
23    (b) If the results of a consumer's criminal history
24background check reveal that the consumer is an identified
25offender as defined in this Act, the facility shall do the
26following:

 

 

HB3655- 808 -LRB102 16922 WGH 22334 b

1        (1) Immediately notify the Illinois Department of
2    State Police, in the form and manner required by the
3    Illinois Department of State Police, in collaboration with
4    the Department of Public Health, that the consumer is an
5    identified offender.
6        (2) Within 72 hours, arrange for a fingerprint-based
7    criminal history record inquiry to be requested on the
8    identified offender consumer. The inquiry shall be based
9    on the subject's name, sex, race, date of birth,
10    fingerprint images, and other identifiers required by the
11    Illinois Department of State Police. The inquiry shall be
12    processed through the files of the Illinois Department of
13    State Police and the Federal Bureau of Investigation to
14    locate any criminal history record information that may
15    exist regarding the subject. The Federal Bureau of
16    Investigation shall furnish to the Illinois Department of
17    State Police, pursuant to an inquiry under this paragraph
18    (2), any criminal history record information contained in
19    its files.
20(Source: P.A. 98-104, eff. 7-22-13.)
 
21    (210 ILCS 49/2-105)
22    Sec. 2-105. Criminal History Report.
23    (a) The Illinois Department of State Police shall prepare
24a Criminal History Report when it receives information,
25through the criminal history background check required

 

 

HB3655- 809 -LRB102 16922 WGH 22334 b

1pursuant to subsection (d) of Section 6.09 of the Hospital
2Licensing Act or subsection (c) of Section 2-201.5 of the
3Nursing Home Care Act, or through any other means, that a
4consumer of a facility is an identified offender.
5    (b) The Illinois Department of State Police shall complete
6the Criminal History Report within 10 business days after
7receiving information under subsection (a) that a consumer is
8an identified offender.
9    (c) The Criminal History Report shall include, but not be
10limited to, the following:
11        (1) Copies of the identified offender's parole,
12    mandatory supervised release, or probation orders.
13        (2) An interview with the identified offender.
14        (3) A detailed summary of the entire criminal history
15    of the offender, including arrests, convictions, and the
16    date of the identified offender's last conviction relative
17    to the date of admission to a long-term care facility.
18        (4) If the identified offender is a convicted or
19    registered sex offender, a review of any and all sex
20    offender evaluations conducted on that offender. If there
21    is no sex offender evaluation available, the Illinois
22    Department of State Police shall arrange, through the
23    Department of Public Health, for a sex offender evaluation
24    to be conducted on the identified offender. If the
25    convicted or registered sex offender is under supervision
26    by the Illinois Department of Corrections or a county

 

 

HB3655- 810 -LRB102 16922 WGH 22334 b

1    probation department, the sex offender evaluation shall be
2    arranged by and at the expense of the supervising agency.
3    All evaluations conducted on convicted or registered sex
4    offenders under this Act shall be conducted by sex
5    offender evaluators approved by the Sex Offender
6    Management Board.
7    (d) The Illinois Department of State Police shall provide
8the Criminal History Report to a licensed forensic
9psychologist. After (i) consideration of the Criminal History
10Report, (ii) consultation with the facility administrator or
11the facility medical director, or both, regarding the mental
12and physical condition of the identified offender, and (iii)
13reviewing the facility's file on the identified offender,
14including all incident reports, all information regarding
15medication and medication compliance, and all information
16regarding previous discharges or transfers from other
17facilities, the licensed forensic psychologist shall prepare
18an Identified Offender Report and Recommendation. The
19Identified Offender Report and Recommendation shall detail
20whether and to what extent the identified offender's criminal
21history necessitates the implementation of security measures
22within the long-term care facility. If the identified offender
23is a convicted or registered sex offender or if the Identified
24Offender Report and Recommendation reveals that the identified
25offender poses a significant risk of harm to others within the
26facility, the offender shall be required to have his or her own

 

 

HB3655- 811 -LRB102 16922 WGH 22334 b

1room within the facility.
2    (e) The licensed forensic psychologist shall complete the
3Identified Offender Report and Recommendation within 14
4business days after receiving the Criminal History Report and
5shall promptly provide the Identified Offender Report and
6Recommendation to the Illinois Department of State Police,
7which shall provide the Identified Offender Report and
8Recommendation to the following:
9        (1) The facility within which the identified offender
10    resides.
11        (2) The Chief of Police of the municipality in which
12    the facility is located.
13        (3) The State of Illinois Long Term Care Ombudsman.
14        (4) The Department of Public Health.
15    (e-5) The Department of Public Health shall keep a
16continuing record of all consumers determined to be identified
17offenders as defined in Section 1-114.01 of the Nursing Home
18Care Act and shall report the number of identified offender
19consumers annually to the General Assembly.
20    (f) The facility shall incorporate the Identified Offender
21Report and Recommendation into the identified offender's care
22plan created pursuant to 42 CFR 483.20.
23    (g) If, based on the Identified Offender Report and
24Recommendation, a facility determines that it cannot manage
25the identified offender consumer safely within the facility,
26it shall commence involuntary transfer or discharge

 

 

HB3655- 812 -LRB102 16922 WGH 22334 b

1proceedings pursuant to Section 3-402.
2    (h) Except for willful and wanton misconduct, any person
3authorized to participate in the development of a Criminal
4History Report or Identified Offender Report and
5Recommendation is immune from criminal or civil liability for
6any acts or omissions as the result of his or her good faith
7effort to comply with this Section.
8(Source: P.A. 98-104, eff. 7-22-13.)
 
9    Section 560. The Hospital Licensing Act is amended by
10changing Section 6.09 as follows:
 
11    (210 ILCS 85/6.09)  (from Ch. 111 1/2, par. 147.09)
12    Sec. 6.09. (a) In order to facilitate the orderly
13transition of aged patients and patients with disabilities
14from hospitals to post-hospital care, whenever a patient who
15qualifies for the federal Medicare program is hospitalized,
16the patient shall be notified of discharge at least 24 hours
17prior to discharge from the hospital. With regard to pending
18discharges to a skilled nursing facility, the hospital must
19notify the case coordination unit, as defined in 89 Ill. Adm.
20Code 240.260, at least 24 hours prior to discharge. When the
21assessment is completed in the hospital, the case coordination
22unit shall provide a copy of the required assessment
23documentation directly to the nursing home to which the
24patient is being discharged prior to discharge. The Department

 

 

HB3655- 813 -LRB102 16922 WGH 22334 b

1on Aging shall provide notice of this requirement to case
2coordination units. When a case coordination unit is unable to
3complete an assessment in a hospital prior to the discharge of
4a patient, 60 years of age or older, to a nursing home, the
5case coordination unit shall notify the Department on Aging
6which shall notify the Department of Healthcare and Family
7Services. The Department of Healthcare and Family Services and
8the Department on Aging shall adopt rules to address these
9instances to ensure that the patient is able to access nursing
10home care, the nursing home is not penalized for accepting the
11admission, and the patient's timely discharge from the
12hospital is not delayed, to the extent permitted under federal
13law or regulation. Nothing in this subsection shall preclude
14federal requirements for a pre-admission screening/mental
15health (PAS/MH) as required under Section 2-201.5 of the
16Nursing Home Care Act or State or federal law or regulation. If
17home health services are ordered, the hospital must inform its
18designated case coordination unit, as defined in 89 Ill. Adm.
19Code 240.260, of the pending discharge and must provide the
20patient with the case coordination unit's telephone number and
21other contact information.
22    (b) Every hospital shall develop procedures for a
23physician with medical staff privileges at the hospital or any
24appropriate medical staff member to provide the discharge
25notice prescribed in subsection (a) of this Section. The
26procedures must include prohibitions against discharging or

 

 

HB3655- 814 -LRB102 16922 WGH 22334 b

1referring a patient to any of the following if unlicensed,
2uncertified, or unregistered: (i) a board and care facility,
3as defined in the Board and Care Home Act; (ii) an assisted
4living and shared housing establishment, as defined in the
5Assisted Living and Shared Housing Act; (iii) a facility
6licensed under the Nursing Home Care Act, the Specialized
7Mental Health Rehabilitation Act of 2013, the ID/DD Community
8Care Act, or the MC/DD Act; (iv) a supportive living facility,
9as defined in Section 5-5.01a of the Illinois Public Aid Code;
10or (v) a free-standing hospice facility licensed under the
11Hospice Program Licensing Act if licensure, certification, or
12registration is required. The Department of Public Health
13shall annually provide hospitals with a list of licensed,
14certified, or registered board and care facilities, assisted
15living and shared housing establishments, nursing homes,
16supportive living facilities, facilities licensed under the
17ID/DD Community Care Act, the MC/DD Act, or the Specialized
18Mental Health Rehabilitation Act of 2013, and hospice
19facilities. Reliance upon this list by a hospital shall
20satisfy compliance with this requirement. The procedure may
21also include a waiver for any case in which a discharge notice
22is not feasible due to a short length of stay in the hospital
23by the patient, or for any case in which the patient
24voluntarily desires to leave the hospital before the
25expiration of the 24 hour period.
26    (c) At least 24 hours prior to discharge from the

 

 

HB3655- 815 -LRB102 16922 WGH 22334 b

1hospital, the patient shall receive written information on the
2patient's right to appeal the discharge pursuant to the
3federal Medicare program, including the steps to follow to
4appeal the discharge and the appropriate telephone number to
5call in case the patient intends to appeal the discharge.
6    (d) Before transfer of a patient to a long term care
7facility licensed under the Nursing Home Care Act where
8elderly persons reside, a hospital shall as soon as
9practicable initiate a name-based criminal history background
10check by electronic submission to the Illinois Department of
11State Police for all persons between the ages of 18 and 70
12years; provided, however, that a hospital shall be required to
13initiate such a background check only with respect to patients
14who:
15        (1) are transferring to a long term care facility for
16    the first time;
17        (2) have been in the hospital more than 5 days;
18        (3) are reasonably expected to remain at the long term
19    care facility for more than 30 days;
20        (4) have a known history of serious mental illness or
21    substance abuse; and
22        (5) are independently ambulatory or mobile for more
23    than a temporary period of time.
24    A hospital may also request a criminal history background
25check for a patient who does not meet any of the criteria set
26forth in items (1) through (5).

 

 

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1    A hospital shall notify a long term care facility if the
2hospital has initiated a criminal history background check on
3a patient being discharged to that facility. In all
4circumstances in which the hospital is required by this
5subsection to initiate the criminal history background check,
6the transfer to the long term care facility may proceed
7regardless of the availability of criminal history results.
8Upon receipt of the results, the hospital shall promptly
9forward the results to the appropriate long term care
10facility. If the results of the background check are
11inconclusive, the hospital shall have no additional duty or
12obligation to seek additional information from, or about, the
13patient.
14(Source: P.A. 98-104, eff. 7-22-13; 98-651, eff. 6-16-14;
1599-143, eff. 7-27-15; 99-180, eff. 7-29-15; 99-642, eff.
167-28-16; 99-857, eff. 1-1-17.)
 
17    Section 565. The Safe Pharmaceutical Disposal Act is
18amended by changing Section 18 as follows:
 
19    (210 ILCS 150/18)
20    Sec. 18. Unused medications at the scene of a death.
21    (a) Notwithstanding any provision of law to the contrary,
22the Illinois Department of State Police may by rule authorize
23State Police officers to dispose of any unused medications
24found at the scene of a death the State Police officer is

 

 

HB3655- 817 -LRB102 16922 WGH 22334 b

1investigating. A State Police officer may only dispose of any
2unused medications under this subsection after consulting with
3any other investigating law enforcement agency to ensure that
4the unused medications will not be needed as evidence in any
5investigation. This Section shall not apply to any unused
6medications a State Police officer takes into custody as part
7of any investigation into a crime.
8    (b) Notwithstanding any provision of law to the contrary,
9a local governmental agency may authorize police officers to
10dispose of any unused medications found at the scene of a death
11a police officer is investigating. A police officer may only
12dispose of any unused medications under this subsection after
13consulting with any other investigating law enforcement agency
14to ensure that the unused medications will not be needed as
15evidence in any investigation. This Section shall not apply to
16any unused medications a police officer takes into custody as
17part of any investigation into a crime.
18    (c) Notwithstanding any provision of law to the contrary,
19a coroner or medical examiner may dispose of any unused
20medications found at the scene of a death the coroner or
21medical examiner is investigating. A coroner or medical
22examiner may only dispose of any unused medications under this
23subsection after consulting with any investigating law
24enforcement agency to ensure that the unused medications will
25not be needed as evidence in any investigation.
26    (d) Any disposal under this Section shall be in accordance

 

 

HB3655- 818 -LRB102 16922 WGH 22334 b

1with Section 17 of this Act or another State or federally
2approved medication take-back program or location.
3    (e) This Section shall not apply to prescription drugs for
4which the United States Food and Drug Administration created a
5Risk Evaluation and Mitigation Strategy for under the Food and
6Drug Administration Amendments Act of 2007.
7    (f) Nothing in this Section shall be construed to require
8a search of the scene for unused medications.
9    (g) Prior to disposal of any medication collected as
10evidence in a criminal investigation under this Section, a
11State Police officer, police officer, coroner, or medical
12examiner shall photograph the unused medication and its
13container or packaging, if available; document the number or
14amount of medication to be disposed; and include the
15photographs and documentation in the police report, coroner
16report, or medical examiner report.
17    (h) If an autopsy is performed as part of a death
18investigation, no medication seized under this Section shall
19be disposed of until after a toxicology report is received by
20the entity requesting the report.
21    (i) If a police officer, State Police officer, coroner, or
22medical examiner is not present at the scene of a death, a
23nurse may dispose of any unused medications found at the scene
24of a death the nurse is present at while engaging in the
25performance of his or her duties. A nurse may dispose of any
26unused medications under this subsection only after consulting

 

 

HB3655- 819 -LRB102 16922 WGH 22334 b

1with any investigating law enforcement agency to ensure that
2the unused medications will not be needed as evidence in an
3investigation.
4    (j) When an individual authorized to dispose of unused
5medication under this Section disposes of unused medication
6under this Section in good faith, the individual, and his or
7her employer, employees, and agents, shall incur no criminal
8liability or professional discipline.
9(Source: P.A. 99-648, eff. 1-1-17; 100-345, eff. 8-25-17.)
 
10    Section 570. The Health Care Violence Prevention Act is
11amended by changing Section 30 as follows:
 
12    (210 ILCS 160/30)
13    Sec. 30. Medical care for committed persons.
14    (a) If a committed person receives medical care and
15treatment at a place other than an institution or facility of
16the Department of Corrections, a county, or a municipality,
17then the institution or facility shall:
18        (1) to the greatest extent practicable, notify the
19    hospital or medical facility that is treating the
20    committed person prior to the committed person's visit and
21    notify the hospital or medical facility of any significant
22    medical, mental health, recent violent actions, or other
23    safety concerns regarding the patient;
24        (2) to the greatest extent practicable, ensure the

 

 

HB3655- 820 -LRB102 16922 WGH 22334 b

1    transferred committed person is accompanied by the most
2    comprehensive medical records possible;
3        (3) provide at least one guard trained in custodial
4    escort and custody of high-risk committed persons to
5    accompany any committed person. The custodial agency shall
6    attest to such training for custodial escort and custody
7    of high-risk committed persons through: (A) the training
8    of the Department of Corrections, Department of Juvenile
9    Justice, or Illinois Department of State Police; (B) law
10    enforcement training that is substantially equivalent to
11    the training of the Department of Corrections, Department
12    of Juvenile Justice, or Illinois Department of State
13    Police; or (C) the training described in Section 35. Under
14    no circumstances may leg irons or shackles or waist
15    shackles be used on any pregnant female prisoner who is in
16    labor. In addition, restraint of a pregnant female
17    prisoner in the custody of the Cook County shall comply
18    with Section 3-15003.6 of the Counties Code. Additionally,
19    restraints shall not be used on a committed person if
20    medical personnel determine that the restraints would
21    impede medical treatment; and
22        (4) ensure that only medical personnel, Department of
23    Corrections, county, or municipality personnel, and
24    visitors on the committed person's approved institutional
25    visitors list may visit the committed person. Visitation
26    by a person on the committed person's approved

 

 

HB3655- 821 -LRB102 16922 WGH 22334 b

1    institutional visitors list shall be subject to the rules
2    and procedures of the hospital or medical facility and the
3    Department of Corrections, county, or municipality. In any
4    situation in which a committed person is being visited:
5            (A) the name of the visitor must be listed per the
6        facility's or institution's documentation;
7            (B) the visitor shall submit to the search of his
8        or her person or any personal property under his or her
9        control at any time; and
10            (C) the custodial agency may deny the committed
11        person access to a telephone or limit the number of
12        visitors the committed person may receive for purposes
13        of safety.
14    If a committed person receives medical care and treatment
15at a place other than an institution or facility of the
16Department of Corrections, county, or municipality, then the
17custodial agency shall ensure that the committed person is
18wearing security restraints in accordance with the custodial
19agency's rules and procedures if the custodial agency
20determines that restraints are necessary for the following
21reasons: (i) to prevent physical harm to the committed person
22or another person; (ii) because the committed person has a
23history of disruptive behavior that has placed others in
24potentially harmful situations or presents a substantial risk
25of inflicting physical harm on himself or herself or others as
26evidenced by recent behavior; or (iii) there is a well-founded

 

 

HB3655- 822 -LRB102 16922 WGH 22334 b

1belief that the committed person presents a substantial risk
2of flight. Under no circumstances may leg irons or shackles or
3waist shackles be used on any pregnant female prisoner who is
4in labor. In addition, restraint of a pregnant female prisoner
5in the custody of the Cook County shall comply with Section
63-15003.6 of the Counties Code.
7    The hospital or medical facility may establish protocols
8for the receipt of committed persons in collaboration with the
9Department of Corrections, county, or municipality,
10specifically with regard to potentially violent persons.
11    (b) If a committed person receives medical care and
12treatment at a place other than an institution or facility of
13the Department of Juvenile Justice, then the institution or
14facility shall:
15        (1) to the greatest extent practicable, notify the
16    hospital or medical facility that is treating the
17    committed person prior to the committed person's visit,
18    and notify the hospital or medical facility of any
19    significant medical, mental health, recent violent
20    actions, or other safety concerns regarding the patient;
21        (2) to the greatest extent practicable, ensure the
22    transferred committed person is accompanied by the most
23    comprehensive medical records possible;
24        (3) provide: (A) at least one guard trained in
25    custodial escort and custody of high-risk committed
26    persons to accompany any committed person. The custodial

 

 

HB3655- 823 -LRB102 16922 WGH 22334 b

1    agency shall attest to such training for custodial escort
2    and custody of high-risk committed persons through: (i)
3    the training of the Department of Corrections, Department
4    of Juvenile Justice, or Illinois Department of State
5    Police, (ii) law enforcement training that is
6    substantially equivalent to the training of the Department
7    of Corrections, Department of Juvenile Justice, or
8    Illinois Department of State Police, or (iii) the training
9    described in Section 35; or (B) 2 guards to accompany the
10    committed person at all times during the visit to the
11    hospital or medical facility; and
12        (4) ensure that only medical personnel, Department of
13    Juvenile Justice personnel, and visitors on the committed
14    person's approved institutional visitors list may visit
15    the committed person. Visitation by a person on the
16    committed person's approved institutional visitors list
17    shall be subject to the rules and procedures of the
18    hospital or medical facility and the Department of
19    Juvenile Justice. In any situation in which a committed
20    person is being visited:
21            (A) the name of the visitor must be listed per the
22        facility's or institution's documentation;
23            (B) the visitor shall submit to the search of his
24        or her person or any personal property under his or her
25        control at any time; and
26            (C) the custodial agency may deny the committed

 

 

HB3655- 824 -LRB102 16922 WGH 22334 b

1        person access to a telephone or limit the number of
2        visitors the committed person may receive for purposes
3        of safety.
4    If a committed person receives medical care and treatment
5at a place other than an institution or facility of the
6Department of Juvenile Justice, then the Department of
7Juvenile Justice shall ensure that the committed person is
8wearing security restraints on either his or her wrists or
9ankles in accordance with the rules and procedures of the
10Department of Juvenile Justice if the Department of Juvenile
11Justice determines that restraints are necessary for the
12following reasons: (i) to prevent physical harm to the
13committed person or another person; (ii) because the committed
14person has a history of disruptive behavior that has placed
15others in potentially harmful situations or presents a
16substantial risk of inflicting physical harm on himself or
17herself or others as evidenced by recent behavior; or (iii)
18there is a well-founded belief that the committed person
19presents a substantial risk of flight. Any restraints used on
20a committed person under this paragraph shall be the least
21restrictive restraints necessary to prevent flight or physical
22harm to the committed person or another person. Restraints
23shall not be used on the committed person as provided in this
24paragraph if medical personnel determine that the restraints
25would impede medical treatment. Under no circumstances may leg
26irons or shackles or waist shackles be used on any pregnant

 

 

HB3655- 825 -LRB102 16922 WGH 22334 b

1female prisoner who is in labor. In addition, restraint of a
2pregnant female prisoner in the custody of the Cook County
3shall comply with Section 3-15003.6 of the Counties Code.
4    The hospital or medical facility may establish protocols
5for the receipt of committed persons in collaboration with the
6Department of Juvenile Justice, specifically with regard to
7persons recently exhibiting violence.
8(Source: P.A. 100-1051, eff. 1-1-19; 100-1186, eff. 4-5-19.)
 
9    Section 575. The Illinois Insurance Code is amended by
10changing Sections 155.24, 401, and 1520 as follows:
 
11    (215 ILCS 5/155.24)  (from Ch. 73, par. 767.24)
12    Sec. 155.24. Motor Vehicle Theft and Motor Insurance Fraud
13Reporting and Immunity Law.
14    (a) As used in this Section:
15        (1) "authorized governmental agency" means the
16    Illinois Department of State Police, a local governmental
17    police department, a county sheriff's office, a State's
18    Attorney, the Attorney General, a municipal attorney, a
19    United States district attorney, a duly constituted
20    criminal investigative agency of the United States
21    government, the Illinois Department of Insurance, the
22    Illinois Department of Professional Regulation and the
23    office of the Illinois Secretary of State;
24        (2) "relevant" means having a tendency to make the

 

 

HB3655- 826 -LRB102 16922 WGH 22334 b

1    existence of any information that is of consequence to an
2    investigation of motor vehicle theft or insurance fraud
3    investigation or a determination of such issue more
4    probable or less probable than it would be without such
5    information;
6        (3) information will be "deemed important" if within
7    the sole discretion of the authorized governmental agency
8    such information is requested by that authorized
9    governmental agency;
10        (4) "Illinois authorized governmental agency" means an
11    authorized governmental agency as defined in item (1) that
12    is a part of the government of the State of Illinois or any
13    of the counties or municipalities of this State or any
14    other authorized entity; and
15        (5) For the purposes of this Section and Section
16    155.23, "insurer" means insurance companies, insurance
17    support organizations, self-insured entities, and other
18    providers of insurance products and services doing
19    business in the State of Illinois.
20    (b) Upon written request to an insurer by an authorized
21governmental agency, an insurer or agent authorized by an
22insurer to act on its behalf shall release to the requesting
23authorized governmental agency any or all relevant information
24deemed important to the authorized governmental agency which
25the insurer may possess relating to any specific motor vehicle
26theft or motor vehicle insurance fraud. Relevant information

 

 

HB3655- 827 -LRB102 16922 WGH 22334 b

1may include, but is not limited to:
2        (1) Insurance policy information relevant to the motor
3    vehicle theft or motor vehicle insurance fraud under
4    investigation, including any application for such a
5    policy.
6        (2) Policy premium payment records which are
7    available.
8        (3) History of previous claims made by the insured.
9        (4) Information relating to the investigation of the
10    motor vehicle theft or motor vehicle insurance fraud,
11    including statements of any person, proofs of loss and
12    notice of loss.
13    (c) When an insurer knows or reasonably believes to know
14the identity of a person whom it has reason to believe
15committed a criminal or fraudulent act relating to a motor
16vehicle theft or a motor vehicle insurance claim or has
17knowledge of such a criminal or fraudulent act which is
18reasonably believed not to have been reported to an authorized
19governmental agency, then for the purpose of notification and
20investigation, the insurer or an agent authorized by an
21insurer to act on its behalf shall notify an authorized
22governmental agency of such knowledge or reasonable belief and
23provide any additional relevant information in accordance with
24subsection (b) of this Section. When the motor vehicle theft
25or motor vehicle claim that gives rise to the suspected
26criminal or fraudulent act has already generated an incident

 

 

HB3655- 828 -LRB102 16922 WGH 22334 b

1report to an Illinois authorized governmental agency, the
2insurer shall report the suspected criminal or fraudulent act
3to that agency. When no prior incident report has been made,
4the insurer shall report the suspected criminal or fraudulent
5act to the Attorney General or State's Attorney in the county
6or counties where the incident is claimed to have occurred.
7When the incident that gives rise to the suspected criminal or
8fraudulent act is claimed to have occurred outside the State
9of Illinois, but the suspected criminal or fraudulent act
10occurs within the State of Illinois, the insurer shall make
11the report to the Attorney General or State's Attorney in the
12county or counties where the suspected criminal or fraudulent
13act occurred. When the fraud occurs in multiple counties the
14report shall also be sent to the Attorney General.
15    (d) When an insurer provides any of the authorized
16governmental agencies with notice pursuant to this Section it
17shall be deemed sufficient notice to all authorized
18governmental agencies for the purpose of this Act.
19    (e) The authorized governmental agency provided with
20information pursuant to this Section may release or provide
21such information to any other authorized governmental agency.
22    (f) Any insurer providing information to an authorized
23governmental agency pursuant to this Section shall have the
24right to request and receive relevant information from such
25authorized governmental agency, and receive within a
26reasonable time after the completion of the investigation, not

 

 

HB3655- 829 -LRB102 16922 WGH 22334 b

1to exceed 30 days, the information requested.
2    (g) Any information furnished pursuant to this Section
3shall be privileged and not a part of any public record. Except
4as otherwise provided by law, any authorized governmental
5agency, insurer, or an agent authorized by an insurer to act on
6its behalf which receives any information furnished pursuant
7to this Section, shall not release such information to public
8inspection. Such evidence or information shall not be subject
9to subpoena duces tecum in a civil or criminal proceeding
10unless, after reasonable notice to any insurer, agent
11authorized by an insurer to act on its behalf and authorized
12governmental agency which has an interest in such information
13and a hearing, the court determines that the public interest
14and any ongoing investigation by the authorized governmental
15agency, insurer, or any agent authorized by an insurer to act
16on its behalf will not be jeopardized by obedience to such a
17subpoena duces tecum.
18    (h) No insurer, or agent authorized by an insurer on its
19behalf, authorized governmental agency or their respective
20employees shall be subject to any civil or criminal liability
21in a cause of action of any kind for releasing or receiving any
22information pursuant to this Section. Nothing herein is
23intended to or does in any way or manner abrogate or lessen the
24common and statutory law privileges and immunities of an
25insurer, agent authorized by an insurer to act on its behalf or
26authorized governmental agency or any of their respective

 

 

HB3655- 830 -LRB102 16922 WGH 22334 b

1employees.
2(Source: P.A. 92-233, eff. 1-1-02.)
 
3    (215 ILCS 5/401)  (from Ch. 73, par. 1013)
4    Sec. 401. General powers of the director. The Director is
5charged with the rights, powers and duties appertaining to the
6enforcement and execution of all the insurance laws of this
7State. He shall have the power
8        (a) to make reasonable rules and regulations as may be
9    necessary for making effective such laws;
10        (b) to conduct such investigations as may be necessary
11    to determine whether any person has violated any provision
12    of such insurance laws;
13        (c) to conduct such examinations, investigations and
14    hearings in addition to those specifically provided for,
15    as may be necessary and proper for the efficient
16    administration of the insurance laws of this State; and
17        (d) to institute such actions or other lawful
18    proceedings as he may deem necessary for the enforcement
19    of the Illinois Insurance Code or of any Order or action
20    made or taken by him under this Code. The Attorney
21    General, upon request of the Director, may proceed in the
22    courts of this State to enforce an Order or decision in any
23    court proceeding or in any administrative proceeding
24    before the Director.
25    Whenever the Director is authorized or required by law to

 

 

HB3655- 831 -LRB102 16922 WGH 22334 b

1consider some aspect of criminal history record information
2for the purpose of carrying out his statutory powers and
3responsibilities, then, upon request and payment of fees in
4conformance with the requirements of Section 2605-400 of the
5Illinois Department of State Police Law (20 ILCS
62605/2605-400), the Illinois Department of State Police is
7authorized to furnish, pursuant to positive identification,
8such information contained in State files as is necessary to
9meet the requirements of such authorization or statutes.
10(Source: P.A. 91-239, eff. 1-1-00.)
 
11    (215 ILCS 5/1520)
12    Sec. 1520. Application for license.
13    (a) A person applying for a public adjuster license shall
14make application to the Director on the appropriate uniform
15application or other application prescribed by the Director.
16    (b) The applicant shall declare under penalty of perjury
17and under penalty of refusal, suspension, or revocation of the
18license that the statements made in the application are true,
19correct, and complete to the best of the applicant's knowledge
20and belief.
21    (c) In order to make a determination of license
22eligibility, the Director is authorized to require all
23applicants for licensing, including renewal applicants, to
24undergo a fingerprint-based criminal history record check for
25the first year following the effective date of this amendatory

 

 

HB3655- 832 -LRB102 16922 WGH 22334 b

1Act of the 97th General Assembly. The fingerprints and the fee
2required to perform the criminal history record checks shall
3be submitted to the Illinois Department of State Police and
4the Federal Bureau of Investigation (FBI) to conduct a State
5and national criminal history record check. The Illinois
6Department of State Police and the Federal Bureau of
7Investigation shall furnish to the Department of Insurance all
8records of convictions, unless or until expunged, pursuant to
9the fingerprint-based criminal history records check. The
10Illinois Department of State Police shall charge a fee for
11conducting such checks, which fee shall be deposited into the
12State Police Services Fund and shall not exceed the cost of the
13inquiry. The applicant shall be required to pay all fees
14associated with conducting the criminal history record check.
15    (d) The Director may adopt rules to establish procedures
16necessary to carry out the requirements of subsection (c) of
17this Section.
18    (e) The Director is authorized to submit electronic
19fingerprint records and necessary identifying information to
20the NAIC, its affiliates, or subsidiaries for permanent
21retention in a centralized repository. The purpose of such a
22centralized repository is to provide Directors with access to
23fingerprint records in order to perform criminal history
24record checks.
25    (f) Until such time as the Director can obtain and receive
26national criminal history records, the applicant shall obtain

 

 

HB3655- 833 -LRB102 16922 WGH 22334 b

1a copy of his or her fingerprints and complete criminal
2history record from the FBI Criminal Justice Information
3Services Division and the Illinois State Police and provide
4such information to the Department of Insurance.
5(Source: P.A. 96-1332, eff. 1-1-11; 97-207, eff. 7-28-11.)
 
6    Section 580. The Public Utilities Act is amended by
7changing Section 4-101 as follows:
 
8    (220 ILCS 5/4-101)  (from Ch. 111 2/3, par. 4-101)
9    Sec. 4-101. The Commerce Commission shall have general
10supervision of all public utilities, except as otherwise
11provided in this Act, shall inquire into the management of the
12business thereof and shall keep itself informed as to the
13manner and method in which the business is conducted. It shall
14examine those public utilities and keep informed as to their
15general condition, their franchises, capitalization, rates and
16other charges, and the manner in which their plants, equipment
17and other property owned, leased, controlled or operated are
18managed, conducted and operated, not only with respect to the
19adequacy, security and accommodation afforded by their service
20but also with respect to their compliance with this Act and any
21other law, with the orders of the Commission and with the
22charter and franchise requirements.
23    Whenever the Commission is authorized or required by law
24to consider some aspect of criminal history record information

 

 

HB3655- 834 -LRB102 16922 WGH 22334 b

1for the purpose of carrying out its statutory powers and
2responsibilities, then, upon request and payment of fees in
3conformance with the requirements of Section 2605-400 of the
4Illinois Department of State Police Law (20 ILCS
52605/2605-400), the Illinois Department of State Police is
6authorized to furnish, pursuant to positive identification,
7such information contained in State files as is necessary to
8fulfill the request.
9    The Commission shall require all public utilities to
10establish a security policy that includes on-site safeguards
11to restrict physical or electronic access to critical
12infrastructure and computerized control and data systems. The
13Commission shall maintain a record of and each regulated
14entity shall provide to the Commission an annual affidavit
15signed by a representative of the regulated entity that
16states:
17        (1) that the entity has a security policy in place;
18        (2) that the entity has conducted at least one
19    practice exercise based on the security policy within the
20    12 months immediately preceding the date of the affidavit;
21    and
22        (3) with respect to any entity that is an electric
23    public utility, that the entity follows, at a minimum, the
24    most current security standards set forth by the North
25    American Electric Reliability Council.
26(Source: P.A. 94-480, eff. 1-1-06; 94-735, eff. 5-1-06.)
 

 

 

HB3655- 835 -LRB102 16922 WGH 22334 b

1    Section 585. The Child Care Act of 1969 is amended by
2changing Section 4.1 as follows:
 
3    (225 ILCS 10/4.1)  (from Ch. 23, par. 2214.1)
4    Sec. 4.1. Criminal Background Investigations. The
5Department shall require that each child care facility license
6applicant as part of the application process, and each
7employee and volunteer of a child care facility or
8non-licensed service provider, as a condition of employment,
9authorize an investigation to determine if such applicant,
10employee, or volunteer has ever been charged with a crime and
11if so, the disposition of those charges; this authorization
12shall indicate the scope of the inquiry and the agencies which
13may be contacted. Upon this authorization, the Director shall
14request and receive information and assistance from any
15federal, State or local governmental agency as part of the
16authorized investigation. Each applicant, employee, or
17volunteer of a child care facility or non-licensed service
18provider shall submit his or her fingerprints to the Illinois
19Department of State Police in the form and manner prescribed
20by the Illinois Department of State Police. These fingerprints
21shall be checked against the fingerprint records now and
22hereafter filed in the Illinois Department of State Police and
23Federal Bureau of Investigation criminal history records
24databases. The Illinois Department of State Police shall

 

 

HB3655- 836 -LRB102 16922 WGH 22334 b

1charge a fee for conducting the criminal history records
2check, which shall be deposited in the State Police Services
3Fund and shall not exceed the actual cost of the records check.
4The Illinois Department of State Police shall provide
5information concerning any criminal charges, and their
6disposition, now or hereafter filed, against an applicant,
7employee, or volunteer of a child care facility or
8non-licensed service provider upon request of the Department
9of Children and Family Services when the request is made in the
10form and manner required by the Illinois Department of State
11Police.
12    Information concerning convictions of a license applicant,
13employee, or volunteer of a child care facility or
14non-licensed service provider investigated under this Section,
15including the source of the information and any conclusions or
16recommendations derived from the information, shall be
17provided, upon request, to such applicant, employee, or
18volunteer of a child care facility or non-licensed service
19provider prior to final action by the Department on the
20application. State conviction information provided by the
21Illinois Department of State Police regarding employees,
22prospective employees, or volunteers of non-licensed service
23providers and child care facilities licensed under this Act
24shall be provided to the operator of such facility, and, upon
25request, to the employee, prospective employee, or volunteer
26of a child care facility or non-licensed service provider. Any

 

 

HB3655- 837 -LRB102 16922 WGH 22334 b

1information concerning criminal charges and the disposition of
2such charges obtained by the Department shall be confidential
3and may not be transmitted outside the Department, except as
4required herein, and may not be transmitted to anyone within
5the Department except as needed for the purpose of evaluating
6an application or an employee or volunteer of a child care
7facility or non-licensed service provider. Only information
8and standards which bear a reasonable and rational relation to
9the performance of a child care facility shall be used by the
10Department or any licensee. Any employee of the Department of
11Children and Family Services, Illinois Department of State
12Police, or a child care facility receiving confidential
13information under this Section who gives or causes to be given
14any confidential information concerning any criminal
15convictions of an applicant, employee, or volunteer of a child
16care facility or non-licensed service provider, shall be
17guilty of a Class A misdemeanor unless release of such
18information is authorized by this Section.
19    A child care facility may hire, on a probationary basis,
20any employee or volunteer of a child care facility or
21non-licensed service provider authorizing a criminal
22background investigation under this Section, pending the
23result of such investigation. Employees and volunteers of a
24child care facility or non-licensed service provider shall be
25notified prior to hiring that such employment may be
26terminated on the basis of criminal background information

 

 

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1obtained by the facility.
2(Source: P.A. 98-570, eff. 8-27-13.)
 
3    Section 590. The Health Care Worker Background Check Act
4is amended by changing Sections 15, 33, 45, 65, and 70 as
5follows:
 
6    (225 ILCS 46/15)
7    Sec. 15. Definitions. In this Act:
8    "Applicant" means an individual enrolling in a training
9program, seeking employment, whether paid or on a volunteer
10basis, with a health care employer who has received a bona fide
11conditional offer of employment.
12    "Conditional offer of employment" means a bona fide offer
13of employment by a health care employer to an applicant, which
14is contingent upon the receipt of a report from the Department
15of Public Health indicating that the applicant does not have a
16record of conviction of any of the criminal offenses
17enumerated in Section 25.
18    "Department" means the Department of Public Health.
19    "Direct care" means the provision of nursing care or
20assistance with feeding, dressing, movement, bathing,
21toileting, or other personal needs, including home services as
22defined in the Home Health, Home Services, and Home Nursing
23Agency Licensing Act. The entity responsible for inspecting
24and licensing, certifying, or registering the health care

 

 

HB3655- 839 -LRB102 16922 WGH 22334 b

1employer may, by administrative rule, prescribe guidelines for
2interpreting this definition with regard to the health care
3employers that it licenses.
4    "Director" means the Director of Public Health.
5    "Disqualifying offenses" means those offenses set forth in
6Section 25 of this Act.
7    "Employee" means any individual hired, employed, or
8retained, whether paid or on a volunteer basis, to which this
9Act applies.
10    "Finding" means the Department's determination of whether
11an allegation is verified and substantiated.
12    "Fingerprint-based criminal history records check" means a
13livescan fingerprint-based criminal history records check
14submitted as a fee applicant inquiry in the form and manner
15prescribed by the Illinois Department of State Police.
16    "Health care employer" means:
17        (1) the owner or licensee of any of the following:
18            (i) a community living facility, as defined in the
19        Community Living Facilities Act;
20            (ii) a life care facility, as defined in the Life
21        Care Facilities Act;
22            (iii) a long-term care facility;
23            (iv) a home health agency, home services agency,
24        or home nursing agency as defined in the Home Health,
25        Home Services, and Home Nursing Agency Licensing Act;
26            (v) a hospice care program or volunteer hospice

 

 

HB3655- 840 -LRB102 16922 WGH 22334 b

1        program, as defined in the Hospice Program Licensing
2        Act;
3            (vi) a hospital, as defined in the Hospital
4        Licensing Act;
5            (vii) (blank);
6            (viii) a nurse agency, as defined in the Nurse
7        Agency Licensing Act;
8            (ix) a respite care provider, as defined in the
9        Respite Program Act;
10            (ix-a) an establishment licensed under the
11        Assisted Living and Shared Housing Act;
12            (x) a supportive living program, as defined in the
13        Illinois Public Aid Code;
14            (xi) early childhood intervention programs as
15        described in 59 Ill. Adm. Code 121;
16            (xii) the University of Illinois Hospital,
17        Chicago;
18            (xiii) programs funded by the Department on Aging
19        through the Community Care Program;
20            (xiv) programs certified to participate in the
21        Supportive Living Program authorized pursuant to
22        Section 5-5.01a of the Illinois Public Aid Code;
23            (xv) programs listed by the Emergency Medical
24        Services (EMS) Systems Act as Freestanding Emergency
25        Centers;
26            (xvi) locations licensed under the Alternative

 

 

HB3655- 841 -LRB102 16922 WGH 22334 b

1        Health Care Delivery Act;
2        (2) a day training program certified by the Department
3    of Human Services;
4        (3) a community integrated living arrangement operated
5    by a community mental health and developmental service
6    agency, as defined in the Community-Integrated Living
7    Arrangements Licensing and Certification Act; or
8        (4) the State Long Term Care Ombudsman Program,
9    including any regional long term care ombudsman programs
10    under Section 4.04 of the Illinois Act on the Aging, only
11    for the purpose of securing background checks.
12    "Initiate" means obtaining from a student, applicant, or
13employee his or her social security number, demographics, a
14disclosure statement, and an authorization for the Department
15of Public Health or its designee to request a
16fingerprint-based criminal history records check; transmitting
17this information electronically to the Department of Public
18Health; conducting Internet searches on certain web sites,
19including without limitation the Illinois Sex Offender
20Registry, the Department of Corrections' Sex Offender Search
21Engine, the Department of Corrections' Inmate Search Engine,
22the Department of Corrections Wanted Fugitives Search Engine,
23the National Sex Offender Public Registry, and the List of
24Excluded Individuals and Entities database on the website of
25the Health and Human Services Office of Inspector General to
26determine if the applicant has been adjudicated a sex

 

 

HB3655- 842 -LRB102 16922 WGH 22334 b

1offender, has been a prison inmate, or has committed Medicare
2or Medicaid fraud, or conducting similar searches as defined
3by rule; and having the student, applicant, or employee's
4fingerprints collected and transmitted electronically to the
5Illinois Department of State Police.
6    "Livescan vendor" means an entity whose equipment has been
7certified by the Illinois Department of State Police to
8collect an individual's demographics and inkless fingerprints
9and, in a manner prescribed by the Illinois Department of
10State Police and the Department of Public Health,
11electronically transmit the fingerprints and required data to
12the Illinois Department of State Police and a daily file of
13required data to the Department of Public Health. The
14Department of Public Health shall negotiate a contract with
15one or more vendors that effectively demonstrate that the
16vendor has 2 or more years of experience transmitting
17fingerprints electronically to the Illinois Department of
18State Police and that the vendor can successfully transmit the
19required data in a manner prescribed by the Department of
20Public Health. Vendor authorization may be further defined by
21administrative rule.
22    "Long-term care facility" means a facility licensed by the
23State or certified under federal law as a long-term care
24facility, including without limitation facilities licensed
25under the Nursing Home Care Act, the Specialized Mental Health
26Rehabilitation Act of 2013, the ID/DD Community Care Act, or

 

 

HB3655- 843 -LRB102 16922 WGH 22334 b

1the MC/DD Act, a supportive living facility, an assisted
2living establishment, or a shared housing establishment or
3registered as a board and care home.
4    "Resident" means a person, individual, or patient under
5the direct care of a health care employer or who has been
6provided goods or services by a health care employer.
7(Source: P.A. 100-432, eff. 8-25-17; 101-176, eff. 7-31-19.)
 
8    (225 ILCS 46/33)
9    Sec. 33. Fingerprint-based criminal history records check.
10    (a) A fingerprint-based criminal history records check is
11not required for health care employees who have been
12continuously employed by a health care employer since October
131, 2007, have met the requirements for criminal history
14background checks prior to October 1, 2007, and have no
15disqualifying convictions or requested and received a waiver
16of those disqualifying convictions. These employees shall be
17retained on the Health Care Worker Registry as long as they
18remain active. Nothing in this subsection (a) shall be
19construed to prohibit a health care employer from initiating a
20criminal history records check for these employees. Should
21these employees seek a new position with a different health
22care employer, then a fingerprint-based criminal history
23records check shall be required.
24    (b) On October 1, 2007 or as soon thereafter as is
25reasonably practical, in the discretion of the Director of

 

 

HB3655- 844 -LRB102 16922 WGH 22334 b

1Public Health, and thereafter, any student, applicant, or
2employee who desires to be included on the Department of
3Public Health's Health Care Worker Registry shall authorize
4the Department of Public Health or its designee to request a
5fingerprint-based criminal history records check to determine
6if the individual has a conviction for a disqualifying
7offense. This authorization shall allow the Department of
8Public Health to request and receive information and
9assistance from any State or governmental agency. Each
10individual shall submit his or her fingerprints to the
11Illinois Department of State Police in an electronic format
12that complies with the form and manner for requesting and
13furnishing criminal history record information prescribed by
14the Illinois Department of State Police. The fingerprints
15submitted under this Section shall be checked against the
16fingerprint records now and hereafter filed in the Illinois
17Department of State Police criminal history record databases.
18The Illinois Department of State Police shall charge a fee for
19conducting the criminal history records check, which shall not
20exceed the actual cost of the records check. The livescan
21vendor may act as the designee for individuals, educational
22entities, or health care employers in the collection of
23Illinois Department of State Police fees and deposit those
24fees into the State Police Services Fund. The Illinois
25Department of State Police shall provide information
26concerning any criminal convictions, now or hereafter filed,

 

 

HB3655- 845 -LRB102 16922 WGH 22334 b

1against the individual.
2    (c) On October 1, 2007 or as soon thereafter as is
3reasonably practical, in the discretion of the Director of
4Public Health, and thereafter, an educational entity, other
5than a secondary school, conducting a nurse aide training
6program shall initiate a fingerprint-based criminal history
7records check required by this Act prior to entry of an
8individual into the training program.
9    (d) On October 1, 2007 or as soon thereafter as is
10reasonably practical, in the discretion of the Director of
11Public Health, and thereafter, a health care employer who
12makes a conditional offer of employment to an applicant for a
13position as an employee shall initiate a fingerprint-based
14criminal history record check, requested by the Department of
15Public Health, on the applicant, if such a background check
16has not been previously conducted. Workforce intermediaries
17and organizations providing pro bono legal services may
18initiate a fingerprint-based criminal history record check if
19a conditional offer of employment has not been made and a
20background check has not been previously conducted for an
21individual who has a disqualifying conviction and is receiving
22services from a workforce intermediary or an organization
23providing pro bono legal services.
24    (e) When initiating a background check requested by the
25Department of Public Health, an educational entity, health
26care employer, workforce intermediary, or organization that

 

 

HB3655- 846 -LRB102 16922 WGH 22334 b

1provides pro bono legal services shall electronically submit
2to the Department of Public Health the student's, applicant's,
3or employee's social security number, demographics,
4disclosure, and authorization information in a format
5prescribed by the Department of Public Health within 2 working
6days after the authorization is secured. The student,
7applicant, or employee shall have his or her fingerprints
8collected electronically and transmitted to the Illinois
9Department of State Police within 10 working days. The
10educational entity, health care employer, workforce
11intermediary, or organization that provides pro bono legal
12services shall transmit all necessary information and fees to
13the livescan vendor and Illinois Department of State Police
14within 10 working days after receipt of the authorization.
15This information and the results of the criminal history
16record checks shall be maintained by the Department of Public
17Health's Health Care Worker Registry.
18    (f) A direct care employer may initiate a
19fingerprint-based background check required by this Act for
20any of its employees, but may not use this process to initiate
21background checks for residents. The results of any
22fingerprint-based background check that is initiated with the
23Department as the requester shall be entered in the Health
24Care Worker Registry.
25    (g) As long as the employee or trainee has had a
26fingerprint-based criminal history record check required by

 

 

HB3655- 847 -LRB102 16922 WGH 22334 b

1this Act and stays active on the Health Care Worker Registry,
2no further criminal history record checks are required, as the
3Illinois Department of State Police shall notify the
4Department of Public Health of any additional convictions
5associated with the fingerprints previously submitted. Health
6care employers shall check the Health Care Worker Registry
7before hiring an employee to determine that the individual has
8had a fingerprint-based record check required by this Act and
9has no disqualifying convictions or has been granted a waiver
10pursuant to Section 40 of this Act. If the individual has not
11had such a background check or is not active on the Health Care
12Worker Registry, then the health care employer shall initiate
13a fingerprint-based record check requested by the Department
14of Public Health. If an individual is inactive on the Health
15Care Worker Registry, that individual is prohibited from being
16hired to work as a certified nursing assistant if, since the
17individual's most recent completion of a competency test,
18there has been a period of 24 consecutive months during which
19the individual has not provided nursing or nursing-related
20services for pay. If the individual can provide proof of
21having retained his or her certification by not having a
2224-consecutive-month break in service for pay, he or she may
23be hired as a certified nursing assistant and that employment
24information shall be entered into the Health Care Worker
25Registry.
26    (h) On October 1, 2007 or as soon thereafter as is

 

 

HB3655- 848 -LRB102 16922 WGH 22334 b

1reasonably practical, in the discretion of the Director of
2Public Health, and thereafter, if the Illinois Department of
3State Police notifies the Department of Public Health that an
4employee has a new conviction of a disqualifying offense,
5based upon the fingerprints that were previously submitted,
6then (i) the Health Care Worker Registry shall notify the
7employee's last known employer of the offense, (ii) a record
8of the employee's disqualifying offense shall be entered on
9the Health Care Worker Registry, and (iii) the individual
10shall no longer be eligible to work as an employee unless he or
11she obtains a waiver pursuant to Section 40 of this Act.
12    (i) On October 1, 2007, or as soon thereafter, in the
13discretion of the Director of Public Health, as is reasonably
14practical, and thereafter, each direct care employer or its
15designee shall provide an employment verification for each
16employee no less than annually. The direct care employer or
17its designee shall log into the Health Care Worker Registry
18through a secure login. The health care employer or its
19designee shall indicate employment and termination dates
20within 30 days after hiring or terminating an employee, as
21well as the employment category and type. Failure to comply
22with this subsection (i) constitutes a licensing violation. A
23fine of up to $500 may be imposed for failure to maintain these
24records. This information shall be used by the Department of
25Public Health to notify the last known employer of any
26disqualifying offenses that are reported by the Illinois

 

 

HB3655- 849 -LRB102 16922 WGH 22334 b

1Department of State Police.
2    (j) In the event that an applicant or employee has a waiver
3for one or more disqualifying offenses pursuant to Section 40
4of this Act and he or she is otherwise eligible to work, the
5Health Care Worker Registry shall indicate that the applicant
6or employee is eligible to work and that additional
7information is available on the Health Care Worker Registry.
8The Health Care Worker Registry may indicate that the
9applicant or employee has received a waiver.
10    (k) The student, applicant, or employee shall be notified
11of each of the following whenever a fingerprint-based criminal
12history records check is required:
13        (1) That the educational entity, health care employer,
14    or long-term care facility shall initiate a
15    fingerprint-based criminal history record check required
16    by this Act of the student, applicant, or employee.
17        (2) That the student, applicant, or employee has a
18    right to obtain a copy of the criminal records report that
19    indicates a conviction for a disqualifying offense and
20    challenge the accuracy and completeness of the report
21    through an established Illinois Department of State Police
22    procedure of Access and Review.
23        (3) That the applicant, if hired conditionally, may be
24    terminated if the criminal records report indicates that
25    the applicant has a record of a conviction of any of the
26    criminal offenses enumerated in Section 25, unless the

 

 

HB3655- 850 -LRB102 16922 WGH 22334 b

1    applicant obtains a waiver pursuant to Section 40 of this
2    Act.
3        (4) That the applicant, if not hired conditionally,
4    shall not be hired if the criminal records report
5    indicates that the applicant has a record of a conviction
6    of any of the criminal offenses enumerated in Section 25,
7    unless the applicant obtains a waiver pursuant to Section
8    40 of this Act.
9        (5) That the employee shall be terminated if the
10    criminal records report indicates that the employee has a
11    record of a conviction of any of the criminal offenses
12    enumerated in Section 25.
13        (6) If, after the employee has originally been
14    determined not to have disqualifying offenses, the
15    employer is notified that the employee has a new
16    conviction(s) of any of the criminal offenses enumerated
17    in Section 25, then the employee shall be terminated.
18    (l) A health care employer or long-term care facility may
19conditionally employ an applicant for up to 3 months pending
20the results of a fingerprint-based criminal history record
21check requested by the Department of Public Health.
22    (m) The Department of Public Health or an entity
23responsible for inspecting, licensing, certifying, or
24registering the health care employer or long-term care
25facility shall be immune from liability for notices given
26based on the results of a fingerprint-based criminal history

 

 

HB3655- 851 -LRB102 16922 WGH 22334 b

1record check.
2    (n) As used in this Section:
3    "Workforce intermediaries" means organizations that
4function to provide job training and employment services.
5Workforce intermediaries include institutions of higher
6education, faith-based and community organizations, and
7workforce investment boards.
8    "Organizations providing pro bono legal services" means
9legal services performed without compensation or at a
10significantly reduced cost to the recipient that provide
11services designed to help individuals overcome statutory
12barriers that would prevent them from entering positions in
13the healthcare industry.
14(Source: P.A. 100-432, eff. 8-25-17; 101-176, eff. 7-31-19.)
 
15    (225 ILCS 46/45)
16    Sec. 45. Application fees. Except as otherwise provided in
17this Act, the student, applicant, or employee, other than a
18nurse aide, may be required to pay all related application and
19fingerprinting fees including, but not limited to, the amounts
20established by the Illinois Department of State Police to
21process fingerprint-based criminal history records checks. If
22a health care employer certified to participate in the
23Medicaid program pays the fees, the fees shall be a direct
24pass-through on the cost report submitted by the employer to
25the Medicaid agency.

 

 

HB3655- 852 -LRB102 16922 WGH 22334 b

1(Source: P.A. 95-120, eff. 8-13-07.)
 
2    (225 ILCS 46/65)
3    Sec. 65. Health Care Worker Task Force. A Health Care
4Worker Task Force shall be appointed to study and make
5recommendations on statutory changes to this Act.
6    (a) The Task Force shall monitor the status of the
7implementation of this Act and monitor complaint
8investigations relating to this Act by the Department on
9Aging, Department of Public Health, Department of Professional
10Regulation, and the Department of Human Services to determine
11the criminal background, if any, of health care workers who
12have had findings of abuse, theft, or exploitation.
13    (b) The Task Force shall make recommendations concerning
14modifications to the list of offenses enumerated in Section
1525, including time limits on all or some of the disqualifying
16offenses, and any other necessary or desirable changes to the
17Act.
18    (c) In the event that proposed rules or changes are
19properly submitted to the Task Force and the Task Force fails
20to advise the Department within 90 days after receipt of the
21proposed rules or changes, final action shall be deemed to
22have been taken by the Task Force concerning the proposed
23rules or changes.
24    (d) The Task Force shall be composed of the following
25members, who shall serve without pay:

 

 

HB3655- 853 -LRB102 16922 WGH 22334 b

1        (1) a chairman knowledgeable about health care issues,
2    who shall be appointed by the Governor;
3        (2) the Director of Public Health or his or her
4    designee;
5        (3) the Director of the Illinois State Police or his
6    or her designee;
7        (3.5) the Director of Healthcare and Family Services
8    or his or her designee;
9        (3.6) the Secretary of Human Services or his or her
10    designee;
11        (3.7) the Director of Aging or his or her designee;
12        (4) 2 representatives of health care providers, who
13    shall be appointed by the Governor;
14        (5) 2 representatives of health care employees, who
15    shall be appointed by the Governor;
16        (5.5) a representative of a Community Care homemaker
17    program, who shall be appointed by the Governor;
18        (6) a representative of the general public who has an
19    interest in health care, who shall be appointed by the
20    Governor; and
21        (7) 4 members of the General Assembly, one appointed
22    by the Speaker of the House, one appointed by the House
23    Minority Leader, one appointed by the President of the
24    Senate, and one appointed by the Senate Minority Leader.
25    (e) The Task Force shall meet at least quarterly, and more
26frequently at the discretion of the chairperson. Task Force

 

 

HB3655- 854 -LRB102 16922 WGH 22334 b

1members shall serve until a replacement is sworn and
2qualified. Nine members appointed to the Task Force
3constitutes a quorum.
4(Source: P.A. 95-331, eff. 8-21-07; 95-987, eff. 10-3-08.)
 
5    (225 ILCS 46/70)
6    Sec. 70. Centers for Medicare and Medicaid Services (CMMS)
7grant; Voluntary FBI Fingerprint Demonstration Project.
8    (a) The General Assembly authorizes the establishment of
9the Voluntary FBI Fingerprint Demonstration Project
10(Demonstration Project), which shall be consistent with the
11provisions of the Centers for Medicare and Medicaid Services
12grant awarded to and distributed by the Department of Public
13Health pursuant to Title VI, Subtitle B, Part III, Subtitle C,
14Section 6201 of the Affordable Care Act of 2010. The
15Demonstration Project is authorized to operate for the period
16of January 1, 2014 through December 31, 2014 and shall operate
17until the conclusion of this grant period or until the
18long-term care facility terminates its participation in the
19Demonstration Project, whichever occurs sooner.
20    (b) The Long-Term Care Facility Advisory Board established
21under the Nursing Home Care Act shall act in an advisory
22capacity to the Demonstration Project.
23    (c) Long-term care facilities voluntarily participating in
24the Demonstration Project shall, in addition to the provisions
25of this Section, comply with all requirements set forth in

 

 

HB3655- 855 -LRB102 16922 WGH 22334 b

1this Act. When conflict between the Act and the provisions of
2this Section occurs, the provisions of this Section shall
3supersede until the conclusion of the grant period or until
4the long-term care facility terminates its participation in
5the Demonstration Project, whichever occurs sooner.
6    (d) The Department of Public Health shall select at least
7one facility in the State to participate in the Demonstration
8Project.
9    (e) For the purposes of determining who shall be required
10to undergo a State and an FBI fingerprint-based criminal
11history records check under the Demonstration Project, "direct
12access employee" means any individual who has access to a
13patient or resident of a long-term care facility or provider
14through employment or through a contract with a long-term care
15facility or provider and has duties that involve or may
16involve one-on-one contact with a resident of the facility or
17provider, as determined by the State for purposes of the
18Demonstration Project.
19    (f) All long-term care facilities licensed under the
20Nursing Home Care Act are qualified to volunteer for the
21Demonstration Project.
22    (g) The Department of Public Health shall notify qualified
23long-term care facilities within 30 days after the effective
24date of this amendatory Act of the 98th General Assembly of the
25opportunity to volunteer for the Demonstration Project. The
26notice shall include information concerning application

 

 

HB3655- 856 -LRB102 16922 WGH 22334 b

1procedures and deadlines, termination rights, requirements for
2participation, the selection process, and a
3question-and-answer document addressing potential conflicts
4between this Act and the provisions of this Section.
5    (h) Qualified long-term care facilities shall be given a
6minimum of 30 days after the date of receiving the notice to
7inform the Department of Public Health, in the form and manner
8prescribed by the Department of Public Health, of their
9interest in volunteering for the Demonstration Project.
10Facilities selected for the Demonstration Project shall be
11notified, within 30 days after the date of application, of the
12effective date that their participation in the Demonstration
13Project will begin, which may vary.
14    (i) The individual applicant shall be responsible for the
15cost of each individual fingerprint inquiry, which may be
16offset with grant funds, if available.
17    (j) Each applicant seeking employment in a position
18described in subsection (e) of this Section with a selected
19health care employer shall, as a condition of employment, have
20his or her fingerprints submitted to the Illinois Department
21of State Police in an electronic format that complies with the
22form and manner for requesting and furnishing criminal history
23record information by the Illinois Department of State Police
24and the Federal Bureau of Investigation criminal history
25record databases now and hereafter filed. The Illinois
26Department of State Police shall forward the fingerprints to

 

 

HB3655- 857 -LRB102 16922 WGH 22334 b

1the Federal Bureau of Investigation for a national criminal
2history records check. The Illinois Department of State Police
3shall charge a fee for conducting the criminal history records
4check, which shall not exceed the actual cost of the records
5check and shall be deposited into the State Police Services
6Fund. The Illinois Department of State Police shall furnish,
7pursuant to positive identification, records of Illinois
8convictions to the Department of Public Health.
9    (k) A fingerprint-based criminal history records check
10submitted in accordance with subsection (j) of this Section
11shall be submitted as a fee applicant inquiry in the form and
12manner prescribed by the Illinois Department of State Police.
13    (l) A long-term care facility may terminate its
14participation in the Demonstration Project without prejudice
15by providing the Department of Public Health with notice of
16its intent to terminate at least 30 days prior to its voluntary
17termination.
18    (m) This Section shall be inapplicable upon the conclusion
19of the CMMS grant period.
20(Source: P.A. 98-756, eff. 7-16-14; 98-1041, eff. 8-25-14;
2199-78, eff. 7-20-15.)
 
22    Section 595. The Massage Licensing Act is amended by
23changing Section 15 as follows:
 
24    (225 ILCS 57/15)

 

 

HB3655- 858 -LRB102 16922 WGH 22334 b

1    (Section scheduled to be repealed on January 1, 2022)
2    Sec. 15. Licensure requirements.
3    (a) Persons engaged in massage for compensation must be
4licensed by the Department. The Department shall issue a
5license to an individual who meets all of the following
6requirements:
7        (1) The applicant has applied in writing on the
8    prescribed forms and has paid the required fees.
9        (2) The applicant is at least 18 years of age and of
10    good moral character. In determining good moral character,
11    the Department may take into consideration conviction of
12    any crime under the laws of the United States or any state
13    or territory thereof that is a felony or a misdemeanor or
14    any crime that is directly related to the practice of the
15    profession. Such a conviction shall not operate
16    automatically as a complete bar to a license, except in
17    the case of any conviction for prostitution, rape, or
18    sexual misconduct, or where the applicant is a registered
19    sex offender.
20        (3) The applicant has met one of the following
21    requirements:
22            (A) has successfully completed a massage therapy
23        program approved by the Department that requires a
24        minimum of 500 hours, except applicants applying on or
25        after January 1, 2014 shall meet a minimum requirement
26        of 600 hours, and has passed a competency examination

 

 

HB3655- 859 -LRB102 16922 WGH 22334 b

1        approved by the Department;
2            (B) holds a current license from another
3        jurisdiction having licensure requirements that
4        include the completion of a massage therapy program of
5        at least 500 hours; or
6            (C) (blank).
7    (b) Each applicant for licensure as a massage therapist
8shall have his or her fingerprints submitted to the Illinois
9Department of State Police in an electronic format that
10complies with the form and manner for requesting and
11furnishing criminal history record information as prescribed
12by the Illinois Department of State Police. These fingerprints
13shall be checked against the Illinois Department of State
14Police and Federal Bureau of Investigation criminal history
15record databases now and hereafter filed. The Illinois
16Department of State Police shall charge applicants a fee for
17conducting the criminal history records check, which shall be
18deposited into the State Police Services Fund and shall not
19exceed the actual cost of the records check. The Illinois
20Department of State Police shall furnish, pursuant to positive
21identification, records of Illinois convictions to the
22Department. The Department may require applicants to pay a
23separate fingerprinting fee, either to the Department or to a
24vendor. The Department, in its discretion, may allow an
25applicant who does not have reasonable access to a designated
26vendor to provide his or her fingerprints in an alternative

 

 

HB3655- 860 -LRB102 16922 WGH 22334 b

1manner. The Department may adopt any rules necessary to
2implement this Section.
3(Source: P.A. 97-514, eff. 8-23-11.)
 
4    Section 600. The Medical Practice Act of 1987 is amended
5by changing Sections 7, 9.7, and 65 as follows:
 
6    (225 ILCS 60/7)  (from Ch. 111, par. 4400-7)
7    (Section scheduled to be repealed on January 1, 2022)
8    Sec. 7. Medical Disciplinary Board.
9    (A) There is hereby created the Illinois State Medical
10Disciplinary Board. The Disciplinary Board shall consist of 11
11members, to be appointed by the Governor by and with the advice
12and consent of the Senate. All members shall be residents of
13the State, not more than 6 of whom shall be members of the same
14political party. All members shall be voting members. Five
15members shall be physicians licensed to practice medicine in
16all of its branches in Illinois possessing the degree of
17doctor of medicine. One member shall be a physician licensed
18to practice medicine in all its branches in Illinois
19possessing the degree of doctor of osteopathy or osteopathic
20medicine. One member shall be a chiropractic physician
21licensed to practice in Illinois and possessing the degree of
22doctor of chiropractic. Four members shall be members of the
23public, who shall not be engaged in any way, directly or
24indirectly, as providers of health care.

 

 

HB3655- 861 -LRB102 16922 WGH 22334 b

1    (B) Members of the Disciplinary Board shall be appointed
2for terms of 4 years. Upon the expiration of the term of any
3member, his or her their successor shall be appointed for a
4term of 4 years by the Governor by and with the advice and
5consent of the Senate. The Governor shall fill any vacancy for
6the remainder of the unexpired term with the advice and
7consent of the Senate. Upon recommendation of the Board, any
8member of the Disciplinary Board may be removed by the
9Governor for misfeasance, malfeasance, or willful wilful
10neglect of duty, after notice, and a public hearing, unless
11such notice and hearing shall be expressly waived in writing.
12Each member shall serve on the Disciplinary Board until their
13successor is appointed and qualified. No member of the
14Disciplinary Board shall serve more than 2 consecutive 4 year
15terms.
16    In making appointments the Governor shall attempt to
17insure that the various social and geographic regions of the
18State of Illinois are properly represented.
19    In making the designation of persons to act for the
20several professions represented on the Disciplinary Board, the
21Governor shall give due consideration to recommendations by
22members of the respective professions and by organizations
23therein.
24    (C) The Disciplinary Board shall annually elect one of its
25voting members as chairperson and one as vice chairperson. No
26officer shall be elected more than twice in succession to the

 

 

HB3655- 862 -LRB102 16922 WGH 22334 b

1same office. Each officer shall serve until their successor
2has been elected and qualified.
3    (D) (Blank).
4    (E) Six voting members of the Disciplinary Board, at least
54 of whom are physicians, shall constitute a quorum. A vacancy
6in the membership of the Disciplinary Board shall not impair
7the right of a quorum to exercise all the rights and perform
8all the duties of the Disciplinary Board. Any action taken by
9the Disciplinary Board under this Act may be authorized by
10resolution at any regular or special meeting and each such
11resolution shall take effect immediately. The Disciplinary
12Board shall meet at least quarterly.
13    (F) Each member, and member-officer, of the Disciplinary
14Board shall receive a per diem stipend as the Secretary shall
15determine. Each member shall be paid their necessary expenses
16while engaged in the performance of their duties.
17    (G) The Secretary shall select a Chief Medical Coordinator
18and not less than 2 Deputy Medical Coordinators who shall not
19be members of the Disciplinary Board. Each medical coordinator
20shall be a physician licensed to practice medicine in all of
21its branches, and the Secretary shall set their rates of
22compensation. The Secretary shall assign at least one medical
23coordinator to a region composed of Cook County and such other
24counties as the Secretary may deem appropriate, and such
25medical coordinator or coordinators shall locate their office
26in Chicago. The Secretary shall assign at least one medical

 

 

HB3655- 863 -LRB102 16922 WGH 22334 b

1coordinator to a region composed of the balance of counties in
2the State, and such medical coordinator or coordinators shall
3locate their office in Springfield. The Chief Medical
4Coordinator shall be the chief enforcement officer of this
5Act. None of the functions, powers, or duties of the
6Department with respect to policies regarding enforcement or
7discipline under this Act, including the adoption of such
8rules as may be necessary for the administration of this Act,
9shall be exercised by the Department except upon review of the
10Disciplinary Board.
11    The Secretary shall employ, in conformity with the
12Personnel Code, investigators who are college graduates with
13at least 2 years of investigative experience or one year of
14advanced medical education. Upon the written request of the
15Disciplinary Board, the Secretary shall employ, in conformity
16with the Personnel Code, such other professional, technical,
17investigative, and clerical help, either on a full or
18part-time basis as the Disciplinary Board deems necessary for
19the proper performance of its duties.
20    (H) Upon the specific request of the Disciplinary Board,
21signed by either the chairperson, vice chairperson, or a
22medical coordinator of the Disciplinary Board, the Department
23of Human Services, the Department of Healthcare and Family
24Services, the Illinois Department of State Police, or any
25other law enforcement agency located in this State shall make
26available any and all information that they have in their

 

 

HB3655- 864 -LRB102 16922 WGH 22334 b

1possession regarding a particular case then under
2investigation by the Disciplinary Board.
3    (I) Members of the Disciplinary Board shall be immune from
4suit in any action based upon any disciplinary proceedings or
5other acts performed in good faith as members of the
6Disciplinary Board.
7    (J) The Disciplinary Board may compile and establish a
8statewide roster of physicians and other medical
9professionals, including the several medical specialties, of
10such physicians and medical professionals, who have agreed to
11serve from time to time as advisors to the medical
12coordinators. Such advisors shall assist the medical
13coordinators or the Disciplinary Board in their investigations
14and participation in complaints against physicians. Such
15advisors shall serve under contract and shall be reimbursed at
16a reasonable rate for the services provided, plus reasonable
17expenses incurred. While serving in this capacity, the
18advisor, for any act undertaken in good faith and in the
19conduct of his or her duties under this Section, shall be
20immune from civil suit.
21(Source: P.A. 97-622, eff. 11-23-11; 98-1140, eff. 12-30-14.)
 
22    (225 ILCS 60/9.7)
23    (Section scheduled to be repealed on January 1, 2022)
24    Sec. 9.7. Criminal history records background check. Each
25applicant for licensure or permit under Sections 9, 18, and 19

 

 

HB3655- 865 -LRB102 16922 WGH 22334 b

1shall have his or her fingerprints submitted to the Illinois
2Department of State Police in an electronic format that
3complies with the form and manner for requesting and
4furnishing criminal history record information as prescribed
5by the Illinois Department of State Police. These fingerprints
6shall be checked against the Illinois Department of State
7Police and Federal Bureau of Investigation criminal history
8record databases now and hereafter filed. The Illinois
9Department of State Police shall charge applicants a fee for
10conducting the criminal history records check, which shall be
11deposited into the State Police Services Fund and shall not
12exceed the actual cost of the records check. The Illinois
13Department of State Police shall furnish, pursuant to positive
14identification, records of Illinois convictions to the
15Department. The Department may require applicants to pay a
16separate fingerprinting fee, either to the Department or to a
17Department designated or approved vendor. The Department, in
18its discretion, may allow an applicant who does not have
19reasonable access to a designated vendor to provide his or her
20fingerprints in an alternative manner. The Department may
21adopt any rules necessary to implement this Section.
22(Source: P.A. 97-622, eff. 11-23-11.)
 
23    (225 ILCS 60/65)
24    (Section scheduled to be repealed on January 1, 2022)
25    Sec. 65. Annie LeGere Law; epinephrine auto-injector. A

 

 

HB3655- 866 -LRB102 16922 WGH 22334 b

1licensee under this Act may not be subject to discipline for
2providing a standing order or prescription for an epinephrine
3auto-injector in accordance with Section 40 of the Illinois
4State Police Act or Section 10.19 of the Illinois Police
5Training Act.
6(Source: P.A. 100-648, eff. 7-31-18.)
 
7    Section 605. The Nurse Practice Act is amended by changing
8Section 50-35 as follows:
 
9    (225 ILCS 65/50-35)   (was 225 ILCS 65/5-23)
10    (Section scheduled to be repealed on January 1, 2028)
11    Sec. 50-35. Criminal history records background check.
12Each applicant for licensure by examination or restoration
13shall have his or her fingerprints submitted to the Illinois
14Department of State Police in an electronic format that
15complies with the form and manner for requesting and
16furnishing criminal history record information as prescribed
17by the Illinois Department of State Police. These fingerprints
18shall be checked against the Illinois Department of State
19Police and Federal Bureau of Investigation criminal history
20record databases now and hereafter filed. The Illinois
21Department of State Police shall charge applicants a fee for
22conducting the criminal history records check, which shall be
23deposited into the State Police Services Fund and shall not
24exceed the actual cost of the records check. The Illinois

 

 

HB3655- 867 -LRB102 16922 WGH 22334 b

1Department of State Police shall furnish, pursuant to positive
2identification, records of Illinois convictions to the
3Department. The Department may require applicants to pay a
4separate fingerprinting fee, either to the Department or to a
5vendor. The Department, in its discretion, may allow an
6applicant who does not have reasonable access to a designated
7vendor to provide his or her fingerprints in an alternative
8manner. The Department may adopt any rules necessary to
9implement this Section.
10(Source: P.A. 95-639, eff. 10-5-07.)
 
11    Section 610. The Nursing Home Administrators Licensing and
12Disciplinary Act is amended by changing Section 5.1 as
13follows:
 
14    (225 ILCS 70/5.1)
15    (Section scheduled to be repealed on January 1, 2028)
16    Sec. 5.1. Powers and duties; rules. The Department shall
17exercise the powers and duties prescribed by the Civil
18Administrative Code of Illinois for administration of
19licensing acts and shall exercise such other powers and duties
20necessary for effectuating the purposes of this Act. The
21Department shall adopt rules to implement, interpret, make
22specific the provisions and purposes of this Act, and may
23prescribe forms that shall be issued in connection with
24rulemaking. The Department shall transmit the proposed

 

 

HB3655- 868 -LRB102 16922 WGH 22334 b

1rulemaking to the Board.
2    The Department may solicit the advice of the Board on any
3matter relating to the administration and enforcement of this
4Act.
5    Upon the written request of the Department, the Department
6of Public Health, the Department of Human Services or the
7Illinois Department of State Police may cooperate and assist
8in any investigation undertaken by the Board.
9(Source: P.A. 100-675, eff. 8-3-18.)
 
10    Section 615. The Wholesale Drug Distribution Licensing Act
11is amended by changing Section 25 as follows:
 
12    (225 ILCS 120/25)  (from Ch. 111, par. 8301-25)
13    (Section scheduled to be repealed on January 1, 2023)
14    Sec. 25. Wholesale drug distributor licensing
15requirements.
16    (a) Every resident wholesale distributor who engages in
17the wholesale distribution of prescription drugs must be
18licensed by the Department, and every non-resident wholesale
19distributor must be licensed in this State if it ships
20prescription drugs into this State, in accordance with this
21Act, before engaging in wholesale distributions of wholesale
22prescription drugs.
23    (b) The Department shall require without limitation all of
24the following information from each applicant for licensure

 

 

HB3655- 869 -LRB102 16922 WGH 22334 b

1under this Act:
2        (1) The name, full business address, and telephone
3    number of the licensee.
4        (2) All trade or business names used by the licensee.
5        (3) Addresses, telephone numbers, and the names of
6    contact persons for all facilities used by the licensee
7    for the storage, handling, and distribution of
8    prescription drugs.
9        (4) The type of ownership or operation, such as a
10    partnership, corporation, or sole proprietorship.
11        (5) The name of the owner or operator of the wholesale
12    distributor, including:
13            (A) if a natural person, the name of the natural
14        person;
15            (B) if a partnership, the name of each partner and
16        the name of the partnership;
17            (C) if a corporation, the name and title of each
18        corporate officer and director, the corporate names,
19        and the name of the state of incorporation; and
20            (D) if a sole proprietorship, the full name of the
21        sole proprietor and the name of the business entity.
22        (6) A list of all licenses and permits issued to the
23    applicant by any other state that authorizes the applicant
24    to purchase or possess prescription drugs.
25        (7) The name of the designated representative for the
26    wholesale distributor, together with the personal

 

 

HB3655- 870 -LRB102 16922 WGH 22334 b

1    information statement and fingerprints, as required under
2    subsection (c) of this Section.
3        (8) Minimum liability insurance and other insurance as
4    defined by rule.
5        (9) Any additional information required by the
6    Department.
7    (c) Each wholesale distributor must designate an
8individual representative who shall serve as the contact
9person for the Department. This representative must provide
10the Department with all of the following information:
11        (1) Information concerning whether the person has been
12    enjoined, either temporarily or permanently, by a court of
13    competent jurisdiction from violating any federal or State
14    law regulating the possession, control, or distribution of
15    prescription drugs or criminal violations, together with
16    details concerning any such event.
17        (2) A description of any involvement by the person
18    with any business, including any investments, other than
19    the ownership of stock in a publicly traded company or
20    mutual fund which manufactured, administered, prescribed,
21    distributed, or stored pharmaceutical products and any
22    lawsuits in which such businesses were named as a party.
23        (3) A description of any misdemeanor or felony
24    criminal offense of which the person, as an adult, was
25    found guilty, regardless of whether adjudication of guilt
26    was withheld or whether the person pled guilty or nolo

 

 

HB3655- 871 -LRB102 16922 WGH 22334 b

1    contendere. If the person indicates that a criminal
2    conviction is under appeal and submits a copy of the
3    notice of appeal of that criminal offense, the applicant
4    must, within 15 days after the disposition of the appeal,
5    submit to the Department a copy of the final written order
6    of disposition.
7        (4) The designated representative of an applicant for
8    licensure as a wholesale drug distributor shall have his
9    or her fingerprints submitted to the Illinois Department
10    of State Police in an electronic format that complies with
11    the form and manner for requesting and furnishing criminal
12    history record information as prescribed by the Illinois
13    Department of State Police. These fingerprints shall be
14    checked against the Illinois Department of State Police
15    and Federal Bureau of Investigation criminal history
16    record databases now and hereafter filed. The Illinois
17    Department of State Police shall charge applicants a fee
18    for conducting the criminal history records check, which
19    shall be deposited into the State Police Services Fund and
20    shall not exceed the actual cost of the records check. The
21    Illinois Department of State Police shall furnish,
22    pursuant to positive identification, records of Illinois
23    convictions to the Department. The Department may require
24    applicants to pay a separate fingerprinting fee, either to
25    the Department or to a vendor. The Department, in its
26    discretion, may allow an applicant who does not have

 

 

HB3655- 872 -LRB102 16922 WGH 22334 b

1    reasonable access to a designated vendor to provide his or
2    her fingerprints in an alternative manner. The Department
3    may adopt any rules necessary to implement this Section.
4        The designated representative of a licensee shall
5    receive and complete continuing training in applicable
6    federal and State laws governing the wholesale
7    distribution of prescription drugs.
8    (d) The Department may not issue a wholesale distributor
9license to an applicant, unless the Department first:
10        (1) ensures that a physical inspection of the facility
11    satisfactory to the Department has occurred at the address
12    provided by the applicant, as required under item (1) of
13    subsection (b) of this Section; and
14        (2) determines that the designated representative
15    meets each of the following qualifications:
16            (A) He or she is at least 21 years of age.
17            (B) He or she has been employed full-time for at
18        least 3 years in a pharmacy or with a wholesale
19        distributor in a capacity related to the dispensing
20        and distribution of, and recordkeeping relating to,
21        prescription drugs.
22            (C) He or she is employed by the applicant full
23        time in a managerial level position.
24            (D) He or she is actively involved in and aware of
25        the actual daily operation of the wholesale
26        distributor.

 

 

HB3655- 873 -LRB102 16922 WGH 22334 b

1            (E) He or she is physically present at the
2        facility of the applicant during regular business
3        hours, except when the absence of the designated
4        representative is authorized, including without
5        limitation sick leave and vacation leave.
6            (F) He or she is serving in the capacity of a
7        designated representative for only one applicant at a
8        time, except where more than one licensed wholesale
9        distributor is co-located in the same facility and
10        such wholesale distributors are members of an
11        affiliated group, as defined in Section 1504 of the
12        Internal Revenue Code.
13    (e) If a wholesale distributor distributes prescription
14drugs from more than one facility, the wholesale distributor
15shall obtain a license for each facility.
16    (f) The information provided under this Section may not be
17disclosed to any person or entity other than the Department or
18another government entity in need of such information for
19licensing or monitoring purposes.
20(Source: P.A. 97-804, eff. 1-1-13.)
 
21    Section 625. The Pyrotechnic Distributor and Operator
22Licensing Act is amended by changing Sections 40 and 45 as
23follows:
 
24    (225 ILCS 227/40)

 

 

HB3655- 874 -LRB102 16922 WGH 22334 b

1    Sec. 40. Fingerprint card; fees. The Office may require
2each applicant to file with his or her application a
3fingerprint card in the form and manner required by the
4Illinois Department of State Police to enable the Illinois
5Department of State Police to conduct a criminal history check
6on the applicant.
7    The Office may require each applicant to submit, in
8addition to the license fee, a fee specified by the Illinois
9Department of State Police for processing fingerprint cards,
10which may be made payable to the State Police Services Fund and
11shall be remitted to the Illinois Department of State Police
12for deposit into that Fund.
13(Source: P.A. 93-263, eff. 7-22-03.)
 
14    (225 ILCS 227/45)
15    Sec. 45. Investigation. Upon receipt of an application,
16the Office shall investigate the eligibility of the applicant.
17The Office has authority to request and receive from any
18federal, state or local governmental agency such information
19and assistance as will enable it to carry out its powers and
20duties under this Act. The Illinois Department of State Police
21shall cause the fingerprints of each applicant to be compared
22with fingerprints of criminals filed with the Illinois
23Department of State Police or with federal law enforcement
24agencies maintaining official fingerprint files.
25(Source: P.A. 93-263, eff. 7-22-03.)
 

 

 

HB3655- 875 -LRB102 16922 WGH 22334 b

1    Section 635. The Private Detective, Private Alarm, Private
2Security, Fingerprint Vendor, and Locksmith Act of 2004 is
3amended by changing Sections 5-10, 10-5, 10-25, 31-5, 31-10,
431-15, 31-20, 31-25, 35-30, and 40-10 as follows:
 
5    (225 ILCS 447/5-10)
6    (Section scheduled to be repealed on January 1, 2024)
7    Sec. 5-10. Definitions. As used in this Act:
8    "Address of record" means the designated address recorded
9by the Department in the applicant's application file or the
10licensee's license file, as maintained by the Department's
11licensure maintenance unit.
12    "Advertisement" means any public media, including printed
13or electronic material, that is published or displayed in a
14phone book, newspaper, magazine, pamphlet, newsletter,
15website, or other similar type of publication or electronic
16format that is intended to either attract business or merely
17provide contact information to the public for an agency or
18licensee. Advertisement shall not include a licensee's or an
19agency's letterhead, business cards, or other stationery used
20in routine business correspondence or customary name, address,
21and number type listings in a telephone directory.
22    "Alarm system" means any system, including an electronic
23access control system, a surveillance video system, a security
24video system, a burglar alarm system, a fire alarm system, or

 

 

HB3655- 876 -LRB102 16922 WGH 22334 b

1any other electronic system that activates an audible,
2visible, remote, or recorded signal that is designed for the
3protection or detection of intrusion, entry, theft, fire,
4vandalism, escape, or trespass, or other electronic systems
5designed for the protection of life by indicating the
6existence of an emergency situation. "Alarm system" also
7includes an emergency communication system and a mass
8notification system.
9    "Applicant" means a person or business applying for
10licensure, registration, or authorization under this Act. Any
11applicant or person who holds himself or herself out as an
12applicant is considered a licensee or registrant for the
13purposes of enforcement, investigation, hearings, and the
14Illinois Administrative Procedure Act.
15    "Armed employee" means a licensee or registered person who
16is employed by an agency licensed or an armed proprietary
17security force registered under this Act who carries a weapon
18while engaged in the performance of official duties within the
19course and scope of his or her employment during the hours and
20times the employee is scheduled to work or is commuting
21between his or her home or place of employment.
22    "Armed proprietary security force" means a security force
23made up of one or more armed individuals employed by a
24commercial or industrial operation or by a financial
25institution as security officers for the protection of persons
26or property.

 

 

HB3655- 877 -LRB102 16922 WGH 22334 b

1    "Board" means the Private Detective, Private Alarm,
2Private Security, Fingerprint Vendor, and Locksmith Board.
3    "Branch office" means a business location removed from the
4place of business for which an agency license has been issued,
5including, but not limited to, locations where active employee
6records that are required to be maintained under this Act are
7kept, where prospective new employees are processed, or where
8members of the public are invited in to transact business. A
9branch office does not include an office or other facility
10located on the property of an existing client that is utilized
11solely for the benefit of that client and is not owned or
12leased by the agency.
13    "Canine handler" means a person who uses or handles a
14trained dog to protect persons or property or to conduct
15investigations.
16    "Canine handler authorization card" means a card issued by
17the Department that authorizes the holder to use or handle a
18trained dog to protect persons or property or to conduct
19investigations during the performance of his or her duties as
20specified in this Act.
21    "Canine trainer" means a person who acts as a dog trainer
22for the purpose of training dogs to protect persons or
23property or to conduct investigations.
24    "Canine trainer authorization card" means a card issued by
25the Department that authorizes the holder to train a dog to
26protect persons or property or to conduct investigations

 

 

HB3655- 878 -LRB102 16922 WGH 22334 b

1during the performance of his or her duties as specified in
2this Act.
3    "Canine training facility" means a facility operated by a
4licensed private detective agency or private security
5contractor agency wherein dogs are trained for the purposes of
6protecting persons or property or to conduct investigations.
7    "Corporation" means an artificial person or legal entity
8created by or under the authority of the laws of a state,
9including without limitation a corporation, limited liability
10company, or any other legal entity.
11    "Department" means the Department of Financial and
12Professional Regulation.
13    "Emergency communication system" means any system that
14communicates information about emergencies, including but not
15limited to fire, terrorist activities, shootings, other
16dangerous situations, accidents, and natural disasters.
17    "Employee" means a person who works for a person or agency
18that has the right to control the details of the work performed
19and is not dependent upon whether or not federal or state
20payroll taxes are withheld.
21    "Fingerprint vendor" means a person that offers,
22advertises, or provides services to fingerprint individuals,
23through electronic or other means, for the purpose of
24providing fingerprint images and associated demographic data
25to the Illinois Department of State Police for processing
26fingerprint based criminal history record information

 

 

HB3655- 879 -LRB102 16922 WGH 22334 b

1inquiries.
2    "Fingerprint vendor agency" means a person, firm,
3corporation, or other legal entity that engages in the
4fingerprint vendor business and employs, in addition to the
5fingerprint vendor licensee-in-charge, at least one other
6person in conducting that business.
7    "Fingerprint vendor licensee-in-charge" means a person who
8has been designated by a fingerprint vendor agency to be the
9licensee-in-charge of an agency who is a full-time management
10employee or owner who assumes sole responsibility for
11maintaining all records required by this Act and who assumes
12sole responsibility for assuring the licensed agency's
13compliance with its responsibilities as stated in this Act.
14The Department shall adopt rules mandating licensee-in-charge
15participation in agency affairs.
16    "Fire alarm system" means any system that is activated by
17an automatic or manual device in the detection of smoke, heat,
18or fire that activates an audible, visible, or remote signal
19requiring a response.
20    "Firearm control card" means a card issued by the
21Department that authorizes the holder, who has complied with
22the training and other requirements of this Act, to carry a
23weapon during the performance of his or her duties as
24specified in this Act.
25    "Firm" means an unincorporated business entity, including
26but not limited to proprietorships and partnerships.

 

 

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1    "Licensee" means a person or business licensed under this
2Act. Anyone who holds himself or herself out as a licensee or
3who is accused of unlicensed practice is considered a licensee
4for purposes of enforcement, investigation, hearings, and the
5Illinois Administrative Procedure Act.
6    "Locksmith" means a person who engages in a business or
7holds himself out to the public as providing a service that
8includes, but is not limited to, the servicing, installing,
9originating first keys, re-coding, repairing, maintaining,
10manipulating, or bypassing of a mechanical or electronic
11locking device, access control or video surveillance system at
12premises, vehicles, safes, vaults, safe deposit boxes, or
13automatic teller machines.
14    "Locksmith agency" means a person, firm, corporation, or
15other legal entity that engages in the locksmith business and
16employs, in addition to the locksmith licensee-in-charge, at
17least one other person in conducting such business.
18    "Locksmith licensee-in-charge" means a person who has been
19designated by agency to be the licensee-in-charge of an
20agency, who is a full-time management employee or owner who
21assumes sole responsibility for maintaining all records
22required by this Act, and who assumes sole responsibility for
23assuring the licensed agency's compliance with its
24responsibilities as stated in this Act. The Department shall
25adopt rules mandating licensee-in-charge participation in
26agency affairs.

 

 

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1    "Mass notification system" means any system that is used
2to provide information and instructions to people in a
3building or other space using voice communications, including
4visible signals, text, graphics, tactile, or other
5communication methods.
6    "Peace officer" or "police officer" means a person who, by
7virtue of office or public employment, is vested by law with a
8duty to maintain public order or to make arrests for offenses,
9whether that duty extends to all offenses or is limited to
10specific offenses. Officers, agents, or employees of the
11federal government commissioned by federal statute to make
12arrests for violations of federal laws are considered peace
13officers.
14    "Permanent employee registration card" means a card issued
15by the Department to an individual who has applied to the
16Department and meets the requirements for employment by a
17licensed agency under this Act.
18    "Person" means a natural person.
19    "Private alarm contractor" means a person who engages in a
20business that individually or through others undertakes,
21offers to undertake, purports to have the capacity to
22undertake, or submits a bid to sell, install, design, monitor,
23maintain, alter, repair, replace, or service alarm and other
24security-related systems or parts thereof, including fire
25alarm systems, at protected premises or premises to be
26protected or responds to alarm systems at a protected premises

 

 

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1on an emergency basis and not as a full-time security officer.
2"Private alarm contractor" does not include a person, firm, or
3corporation that manufactures or sells alarm systems only from
4its place of business and does not sell, install, monitor,
5maintain, alter, repair, replace, service, or respond to alarm
6systems at protected premises or premises to be protected.
7    "Private alarm contractor agency" means a person,
8corporation, or other entity that engages in the private alarm
9contracting business and employs, in addition to the private
10alarm contractor-in-charge, at least one other person in
11conducting such business.
12    "Private alarm contractor licensee-in-charge" means a
13person who has been designated by an agency to be the
14licensee-in-charge of an agency, who is a full-time management
15employee or owner who assumes sole responsibility for
16maintaining all records required by this Act, and who assumes
17sole responsibility for assuring the licensed agency's
18compliance with its responsibilities as stated in this Act.
19The Department shall adopt rules mandating licensee-in-charge
20participation in agency affairs.
21    "Private detective" means any person who by any means,
22including, but not limited to, manual, canine odor detection,
23or electronic methods, engages in the business of, accepts
24employment to furnish, or agrees to make or makes
25investigations for a fee or other consideration to obtain
26information relating to:

 

 

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1        (1) Crimes or wrongs done or threatened against the
2    United States, any state or territory of the United
3    States, or any local government of a state or territory.
4        (2) The identity, habits, conduct, business
5    occupation, honesty, integrity, credibility, knowledge,
6    trustworthiness, efficiency, loyalty, activity,
7    movements, whereabouts, affiliations, associations,
8    transactions, acts, reputation, or character of any
9    person, firm, or other entity by any means, manual or
10    electronic.
11        (3) The location, disposition, or recovery of lost or
12    stolen property.
13        (4) The cause, origin, or responsibility for fires,
14    accidents, or injuries to individuals or real or personal
15    property.
16        (5) The truth or falsity of any statement or
17    representation.
18        (6) Securing evidence to be used before any court,
19    board, or investigating body.
20        (7) The protection of individuals from bodily harm or
21    death (bodyguard functions).
22        (8) Service of process in criminal and civil
23    proceedings.
24    "Private detective agency" means a person, firm,
25corporation, or other legal entity that engages in the private
26detective business and employs, in addition to the

 

 

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1licensee-in-charge, one or more persons in conducting such
2business.
3    "Private detective licensee-in-charge" means a person who
4has been designated by an agency to be the licensee-in-charge
5of an agency, who is a full-time management employee or owner
6who assumes sole responsibility for maintaining all records
7required by this Act, and who assumes sole responsibility for
8assuring the licensed agency's compliance with its
9responsibilities as stated in this Act. The Department shall
10adopt rules mandating licensee-in-charge participation in
11agency affairs.
12    "Private security contractor" means a person who engages
13in the business of providing a private security officer,
14watchman, patrol, guard dog, canine odor detection, or a
15similar service by any other title or name on a contractual
16basis for another person, firm, corporation, or other entity
17for a fee or other consideration and performing one or more of
18the following functions:
19        (1) The prevention or detection of intrusion, entry,
20    theft, vandalism, abuse, fire, or trespass on private or
21    governmental property.
22        (2) The prevention, observation, or detection of any
23    unauthorized activity on private or governmental property.
24        (3) The protection of persons authorized to be on the
25    premises of the person, firm, or other entity for which
26    the security contractor contractually provides security

 

 

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1    services.
2        (4) The prevention of the misappropriation or
3    concealment of goods, money, bonds, stocks, notes,
4    documents, or papers.
5        (5) The control, regulation, or direction of the
6    movement of the public for the time specifically required
7    for the protection of property owned or controlled by the
8    client.
9        (6) The protection of individuals from bodily harm or
10    death (bodyguard functions).
11    "Private security contractor agency" means a person, firm,
12corporation, or other legal entity that engages in the private
13security contractor business and that employs, in addition to
14the licensee-in-charge, one or more persons in conducting such
15business.
16    "Private security contractor licensee-in-charge" means a
17person who has been designated by an agency to be the
18licensee-in-charge of an agency, who is a full-time management
19employee or owner who assumes sole responsibility for
20maintaining all records required by this Act, and who assumes
21sole responsibility for assuring the licensed agency's
22compliance with its responsibilities as stated in this Act.
23The Department shall adopt rules mandating licensee-in-charge
24participation in agency affairs.
25    "Public member" means a person who is not a licensee or
26related to a licensee, or who is not an employer or employee of

 

 

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1a licensee. The term "related to" shall be determined by the
2rules of the Department.
3    "Secretary" means the Secretary of the Department of
4Financial and Professional Regulation.
5(Source: P.A. 98-253, eff. 8-9-13.)
 
6    (225 ILCS 447/10-5)
7    (Section scheduled to be repealed on January 1, 2024)
8    Sec. 10-5. Requirement of license.
9    (a) It is unlawful for a person to act as or provide the
10functions of a private detective, private security contractor,
11private alarm contractor, fingerprint vendor, or locksmith or
12to advertise or to assume to act as any one of these, or to use
13these or any other title implying that the person is engaged in
14any of these activities unless licensed as such by the
15Department. An individual or sole proprietor who does not
16employ any employees other than himself or herself may operate
17under a "doing business as" or assumed name certification
18without having to obtain an agency license, so long as the
19assumed name is first registered with the Department.
20    (b) It is unlawful for a person, firm, corporation, or
21other legal entity to act as an agency licensed under this Act,
22to advertise, or to assume to act as a licensed agency or to
23use a title implying that the person, firm, or other entity is
24engaged in the practice as a private detective agency, private
25security contractor agency, private alarm contractor agency,

 

 

HB3655- 887 -LRB102 16922 WGH 22334 b

1fingerprint vendor agency, or locksmith agency unless licensed
2by the Department.
3    (c) No agency shall operate a branch office without first
4applying for and receiving a branch office license for each
5location.
6    (d) Beginning 12 months after the adoption of rules
7providing for the licensure of fingerprint vendors under this
8Act, it is unlawful for a person to operate live scan
9fingerprint equipment or other equipment designed to obtain
10fingerprint images for the purpose of providing fingerprint
11images and associated demographic data to the Illinois
12Department of State Police, unless he or she has successfully
13completed a fingerprint training course conducted or
14authorized by the Illinois Department of State Police and is
15licensed as a fingerprint vendor.
16    (e) Beginning 12 months after the adoption of rules
17providing for the licensure of canine handlers and canine
18trainers under this Act, no person shall operate a canine
19training facility unless licensed as a private detective
20agency or private security contractor agency under this Act,
21and no person shall act as a canine trainer unless he or she is
22licensed as a private detective or private security contractor
23or is a registered employee of a private detective agency or
24private security contractor agency approved by the Department.
25(Source: P.A. 95-613, eff. 9-11-07.)
 

 

 

HB3655- 888 -LRB102 16922 WGH 22334 b

1    (225 ILCS 447/10-25)
2    (Section scheduled to be repealed on January 1, 2024)
3    Sec. 10-25. Issuance of license; renewal; fees.
4    (a) The Department shall, upon the applicant's
5satisfactory completion of the requirements set forth in this
6Act and upon receipt of the fee, issue the license indicating
7the name and business location of the licensee and the date of
8expiration.
9    (b) An applicant may, upon satisfactory completion of the
10requirements set forth in this Act and upon receipt of fees
11related to the application and testing for licensure, elect to
12defer the issuance of the applicant's initial license for a
13period not longer than 3 years. An applicant who fails to
14request issuance of his or her initial license or agency
15license and to remit the fees required for that license within
163 years shall be required to resubmit an application together
17with all required fees.
18    (c) The expiration date, renewal period, and conditions
19for renewal and restoration of each license, permanent
20employee registration card, canine handler authorization card,
21canine trainer authorization card, and firearm control card
22shall be set by rule. The holder may renew the license,
23permanent employee registration card, canine handler
24authorization card, canine trainer authorization card, or
25firearm control card during the 30 days preceding its
26expiration by paying the required fee and by meeting

 

 

HB3655- 889 -LRB102 16922 WGH 22334 b

1conditions that the Department may specify. Any license holder
2who notifies the Department on forms prescribed by the
3Department may place his or her license on inactive status for
4a period of not longer than 3 years and shall, subject to the
5rules of the Department, be excused from payment of renewal
6fees until the license holder notifies the Department, in
7writing, of an intention to resume active status. Practice
8while on inactive status constitutes unlicensed practice. A
9non-renewed license that has lapsed for less than 3 years may
10be restored upon payment of the restoration fee and all lapsed
11renewal fees. A license that has lapsed for more than 3 years
12may be restored by paying the required restoration fee and all
13lapsed renewal fees and by providing evidence of competence to
14resume practice satisfactory to the Department and the Board,
15which may include passing a written examination. All
16restoration fees and lapsed renewal fees shall be waived for
17an applicant whose license lapsed while on active duty in the
18armed forces of the United States if application for
19restoration is made within 12 months after discharge from the
20service.
21    Any person seeking renewal or restoration under this
22subsection (c) shall be subject to the continuing education
23requirements established pursuant to Section 10-27 of this
24Act.
25    (d) Any permanent employee registration card expired for
26less than one year may be restored upon payment of lapsed

 

 

HB3655- 890 -LRB102 16922 WGH 22334 b

1renewal fees. Any permanent employee registration card expired
2for one year or more may be restored by making application to
3the Department and filing proof acceptable to the Department
4of the licensee's fitness to have the permanent employee
5registration card restored, including verification of
6fingerprint processing through the Illinois Department of
7State Police and Federal Bureau of Investigation and paying
8the restoration fee.
9(Source: P.A. 98-253, eff. 8-9-13.)
 
10    (225 ILCS 447/31-5)
11    (Section scheduled to be repealed on January 1, 2024)
12    Sec. 31-5. Exemptions.
13    (a) The provisions of this Act regarding fingerprint
14vendors do not apply to any of the following, if the person
15performing the service does not hold himself or herself out as
16a fingerprint vendor or fingerprint vendor agency:
17        (1) An employee of the United States, Illinois, or a
18    political subdivision, including public school districts,
19    of either while the employee is engaged in the performance
20    of his or her official duties within the scope of his or
21    her employment. However, any such person who offers his or
22    her services as a fingerprint vendor or uses a similar
23    title when these services are performed for compensation
24    or other consideration, whether received directly or
25    indirectly, is subject to this Act.

 

 

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1        (2) A person employed exclusively by only one employer
2    in connection with the exclusive activities of that
3    employer, provided that person does not hold himself or
4    herself out to the public as a fingerprint vendor.
5        (3) Any member of local law enforcement in the
6    performance of his or her duties for criminal justice
7    purposes, notwithstanding whether the local law
8    enforcement agency charges a reasonable fee related to the
9    cost of offering fingerprinting services.
10    (b) The provisions of this Act regarding fingerprint
11vendors do not apply to any member of a local law enforcement
12agency, acting on behalf of the local law enforcement agency
13that is registered with the Illinois Department of State
14Police to provide fingerprinting services for non-criminal
15justice purposes, notwithstanding whether the local law
16enforcement agency charges a reasonable fee related to the
17cost of offering fingerprinting services.
18(Source: P.A. 98-294, eff. 8-9-13; 98-600, eff. 12-6-13.)
 
19    (225 ILCS 447/31-10)
20    (Section scheduled to be repealed on January 1, 2024)
21    Sec. 31-10. Qualifications for licensure as a fingerprint
22vendor.
23    (a) A person is qualified for licensure as a fingerprint
24vendor if he or she meets all of the following requirements:
25        (1) Is at least 18 years of age.

 

 

HB3655- 892 -LRB102 16922 WGH 22334 b

1        (2) Has not been convicted of any felony in any
2    jurisdiction or at least 10 years have elapsed since the
3    time of full discharge from a sentence imposed for a
4    felony conviction.
5        (3) Is of good moral character. Good moral character
6    is a continuing requirement of licensure. Conviction of
7    crimes other than felonies may be used in determining
8    moral character, but shall not constitute an absolute bar
9    to licensure, except where the applicant is a registered
10    sex offender.
11        (4) Has not been declared by any court of competent
12    jurisdiction to be incompetent by reason of mental or
13    physical defect or disease, unless a court has
14    subsequently declared him or her to be competent.
15        (5) Is not suffering from dependence on alcohol or
16    from narcotic addiction or dependence.
17        (6) Has not been dishonorably discharged from the
18    armed forces of the United States.
19        (7) Submits certification issued by the Illinois
20    Department of State Police that the applicant has
21    successfully completed a fingerprint vendor training
22    course conducted or authorized by the Illinois Department
23    of State Police.
24        (8) Submits his or her fingerprints, in accordance
25    with subsection (b) of this Section.
26        (9) Has not violated any provision of this Act or any

 

 

HB3655- 893 -LRB102 16922 WGH 22334 b

1    rule adopted under this Act.
2        (10) Provides evidence satisfactory to the Department
3    that the applicant has obtained general liability
4    insurance in an amount and with coverage as determined by
5    rule. Failure to maintain general liability insurance and
6    failure to provide the Department with written proof of
7    the insurance, upon request, shall result in cancellation
8    of the license without hearing. A fingerprint vendor
9    employed by a licensed fingerprint vendor agency may
10    provide proof that his or her actions as a fingerprint
11    vendor are covered by the liability insurance of his or
12    her employer.
13        (11) Pays the required licensure fee.
14        (12) (Blank).
15        (13) Submits proof that the applicant maintains a
16    business office located in the State of Illinois.
17        (14) Provides proof of compliance with subsection (e)
18    of Section 31-15 of this Act if the applicant is not
19    required to obtain a fingerprint vendor agency license
20    pursuant to subsection (b) of Section 31-15 of this Act.
21    (b) Each applicant for a fingerprint vendor license shall
22have his or her fingerprints submitted to the Illinois
23Department of State Police in an electronic format that
24complies with the form and manner for requesting and
25furnishing criminal history record information as prescribed
26by the Illinois Department of State Police. These fingerprints

 

 

HB3655- 894 -LRB102 16922 WGH 22334 b

1shall be checked against the Illinois Department of State
2Police and Federal Bureau of Investigation criminal history
3record databases now and hereafter filed. The Illinois
4Department of State Police shall charge applicants a fee for
5conducting the criminal history records check, which shall be
6deposited in the State Police Services Fund and shall not
7exceed the actual cost of the records check. The Illinois
8Department of State Police shall furnish, pursuant to positive
9identification, records of Illinois convictions to the
10Department. The Department may require applicants to pay a
11separate fingerprinting fee, either to the Department or
12directly to the vendor. The Department, in its discretion, may
13allow an applicant who does not have reasonable access to a
14designated vendor to provide his or her fingerprints in an
15alternative manner. The Department, in its discretion, may
16also use other procedures in performing or obtaining criminal
17background checks of applicants. Instead of submitting his or
18her fingerprints, an individual may submit proof that is
19satisfactory to the Department that an equivalent security
20clearance has been conducted. Also, an individual who has
21retired as a peace officer within 12 months of application may
22submit verification, on forms provided by the Department and
23signed by his or her employer, of his or her previous full-time
24employment as a peace officer.
25(Source: P.A. 100-44, eff. 8-11-17.)
 

 

 

HB3655- 895 -LRB102 16922 WGH 22334 b

1    (225 ILCS 447/31-15)
2    (Section scheduled to be repealed on January 1, 2024)
3    Sec. 31-15. Qualifications for licensure as a fingerprint
4vendor agency.
5    (a) Upon receipt of the required fee, compliance with
6subsection (e) of this Section, and proof that the applicant
7has a full-time Illinois licensed fingerprint vendor
8licensee-in-charge, which is a continuing requirement for
9agency licensure, the Department may issue a license as a
10fingerprint vendor agency to any of the following:
11        (1) An individual who submits an application and is a
12    licensed fingerprint vendor under this Act.
13        (2) A firm that submits an application and all of the
14    members of the firm are licensed fingerprint vendors under
15    this Act.
16        (3) A corporation or limited liability company doing
17    business in Illinois that is authorized to engage in the
18    business of conducting a fingerprint vendor agency if at
19    least one officer or executive employee is a licensed
20    fingerprint vendor under this Act and all unlicensed
21    officers and directors of the corporation or limited
22    liability company are determined by the Department to be
23    persons of good moral character.
24    (b) An individual licensed as a fingerprint vendor
25operating under a business name other than the licensed
26fingerprint vendor's own name shall not be required to obtain

 

 

HB3655- 896 -LRB102 16922 WGH 22334 b

1a fingerprint vendor agency license if that licensed
2fingerprint vendor does not employ any persons to provide
3fingerprinting services. However, in either circumstance, the
4individual shall comply with the requirements of subsection
5(e) of this Section as a requirement for licensure.
6    (c) No fingerprint vendor may be the licensee-in-charge
7for more than one fingerprint vendor agency. Upon written
8request by a representative of the agency, within 10 days
9after the loss of a licensee-in-charge of an agency because of
10the death of that individual or because of the termination of
11the employment of that individual, the Department shall issue
12a temporary certificate of authority allowing the continuing
13operation of the licensed agency. No temporary certificate of
14authority shall be valid for more than 90 days. An extension of
15an additional 90 days may be granted upon written request by
16the representative of the agency. Not more than 2 extensions
17may be granted to any agency. No temporary permit shall be
18issued for loss of the licensee-in-charge because of
19disciplinary action by the Department related to his or her
20conduct on behalf of the agency.
21    (d) Upon issuance of the temporary certificate of
22authority as provided for in subsection (c) of this Section
23and at any time thereafter while the temporary certificate of
24authority is in effect, the Department may request in writing
25additional information from the agency regarding the loss of
26its licensee-in-charge, the selection of a new

 

 

HB3655- 897 -LRB102 16922 WGH 22334 b

1licensee-in-charge, and the management of the agency. Failure
2of the agency to respond or respond to the satisfaction of the
3Department shall cause the Department to deny any extension of
4the temporary certificate of authority. While the temporary
5certificate of authority is in effect, the Department may
6disapprove the selection of a new licensee-in-charge by the
7agency if the person's license is not operative or the
8Department has good cause to believe that the person selected
9will not fully exercise the responsibilities of a
10licensee-in-charge. If the Department has disapproved the
11selection of a new licensee-in-charge and the temporary
12certificate of authority expires or is about to expire without
13the agency selecting another new licensee-in-charge, the
14Department shall grant an extension of the temporary
15certificate of authority for an additional 90 days, except as
16otherwise prohibited in subsection (c) or this subsection (d).
17    (e) An applicant shall submit certification issued by the
18Illinois Department of State Police that the applicant's
19fingerprinting equipment and software meets all specifications
20required by the Illinois Department of State Police.
21Compliance with Illinois Department of State Police
22fingerprinting equipment and software specifications is a
23continuing requirement for licensure.
24(Source: P.A. 100-44, eff. 8-11-17.)
 
25    (225 ILCS 447/31-20)

 

 

HB3655- 898 -LRB102 16922 WGH 22334 b

1    (Section scheduled to be repealed on January 1, 2024)
2    Sec. 31-20. Training; fingerprint vendor and employees.
3    (a) Registered employees of a licensed fingerprint vendor
4agency shall complete a minimum of 20 hours of training
5provided by a qualified instructor within 30 days of their
6employment. The substance of the training shall be prescribed
7by rule.
8    (b) It is the responsibility of the employer to certify,
9on a form provided by the Department, that the employee has
10successfully completed the training. The form shall be a
11permanent record of training completed by the employee and
12shall be placed in the employee's file with the employer for
13the period the employee remains with the employer. An agency
14may place a notarized copy of the Department form, in lieu of
15the original, into the permanent employee registration card
16file. The original form shall be given to the employee when his
17or her employment is terminated. Failure to return the
18original form to the employee is grounds for disciplinary
19action. The employee shall not be required to repeat the
20required training once the employee has been issued the form.
21An employer may provide or require additional training.
22    (c) Any certification of completion of the 20-hour basic
23training issued under the Private Detective, Private Alarm,
24Private Security, and Locksmith Act of 2004 or any prior Act
25shall be accepted as proof of training under this Act.
26    (d) No registered employee of a licensed fingerprint

 

 

HB3655- 899 -LRB102 16922 WGH 22334 b

1vendor agency may operate live scan fingerprint equipment or
2other equipment designed to obtain fingerprint images for the
3purpose of providing fingerprint images and associated
4demographic data to the Illinois Department of State Police.
5(Source: P.A. 95-613, eff. 9-11-07.)
 
6    (225 ILCS 447/31-25)
7    (Section scheduled to be repealed on January 1, 2024)
8    Sec. 31-25. Customer identification; record keeping. A
9fingerprint vendor or fingerprint vendor agency shall document
10in the form of a work order when and where each and every
11fingerprint service is provided. The work order shall also
12include the name, address, date of birth, telephone number,
13and driver's license number or other identification number of
14the person requesting the service to be done, the signature of
15that person, the routing number and any other information or
16documentation as provided by rule. All work orders shall be
17kept by the licensed fingerprint vendor for a period of 2 years
18from the date of service and shall include the name and license
19number of the fingerprint vendor and, if applicable, the name
20and identification number of the registered employee who
21performed the services. Work order forms required to be kept
22under this Section shall be available for inspection by the
23Department or by the Illinois Department of State Police.
24(Source: P.A. 95-613, eff. 9-11-07.)
 

 

 

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1    (225 ILCS 447/35-30)
2    (Section scheduled to be repealed on January 1, 2024)
3    Sec. 35-30. Employee requirements. All employees of a
4licensed agency, other than those exempted, shall apply for a
5permanent employee registration card. The holder of an agency
6license issued under this Act, known in this Section as
7"employer", may employ in the conduct of his or her business
8employees under the following provisions:
9    (a) No person shall be issued a permanent employee
10registration card who:
11        (1) Is younger than 18 years of age.
12        (2) Is younger than 21 years of age if the services
13    will include being armed.
14        (3) Has been determined by the Department to be unfit
15    by reason of conviction of an offense in this or another
16    state, including registration as a sex offender, but not
17    including a traffic offense. Persons convicted of felonies
18    involving bodily harm, weapons, violence, or theft within
19    the previous 10 years shall be presumed to be unfit for
20    registration. The Department shall adopt rules for making
21    those determinations that shall afford the applicant due
22    process of law.
23        (4) Has had a license or permanent employee
24    registration card denied, suspended, or revoked under this
25    Act (i) within one year before the date the person's
26    application for permanent employee registration card is

 

 

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1    received by the Department; and (ii) that refusal, denial,
2    suspension, or revocation was based on any provision of
3    this Act other than Section 40-50, item (6) or (8) of
4    subsection (a) of Section 15-10, subsection (b) of Section
5    15-10, item (6) or (8) of subsection (a) of Section 20-10,
6    subsection (b) of Section 20-10, item (6) or (8) of
7    subsection (a) of Section 25-10, subsection (b) of Section
8    25-10, item (7) of subsection (a) of Section 30-10,
9    subsection (b) of Section 30-10, or Section 10-40.
10        (5) Has been declared incompetent by any court of
11    competent jurisdiction by reason of mental disease or
12    defect and has not been restored.
13        (6) Has been dishonorably discharged from the armed
14    services of the United States.
15    (b) No person may be employed by a private detective
16agency, private security contractor agency, private alarm
17contractor agency, fingerprint vendor agency, or locksmith
18agency under this Section until he or she has executed and
19furnished to the employer, on forms furnished by the
20Department, a verified statement to be known as "Employee's
21Statement" setting forth:
22        (1) The person's full name, age, and residence
23    address.
24        (2) The business or occupation engaged in for the 5
25    years immediately before the date of the execution of the
26    statement, the place where the business or occupation was

 

 

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1    engaged in, and the names of employers, if any.
2        (3) That the person has not had a license or employee
3    registration denied, revoked, or suspended under this Act
4    (i) within one year before the date the person's
5    application for permanent employee registration card is
6    received by the Department; and (ii) that refusal, denial,
7    suspension, or revocation was based on any provision of
8    this Act other than Section 40-50, item (6) or (8) of
9    subsection (a) of Section 15-10, subsection (b) of Section
10    15-10, item (6) or (8) of subsection (a) of Section 20-10,
11    subsection (b) of Section 20-10, item (6) or (8) of
12    subsection (a) of Section 25-10, subsection (b) of Section
13    25-10, item (7) of subsection (a) of Section 30-10,
14    subsection (b) of Section 30-10, or Section 10-40.
15        (4) Any conviction of a felony or misdemeanor.
16        (5) Any declaration of incompetence by a court of
17    competent jurisdiction that has not been restored.
18        (6) Any dishonorable discharge from the armed services
19    of the United States.
20        (7) Any other information as may be required by any
21    rule of the Department to show the good character,
22    competency, and integrity of the person executing the
23    statement.
24    (c) Each applicant for a permanent employee registration
25card shall have his or her fingerprints submitted to the
26Illinois Department of State Police in an electronic format

 

 

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1that complies with the form and manner for requesting and
2furnishing criminal history record information as prescribed
3by the Illinois Department of State Police. These fingerprints
4shall be checked against the Illinois Department of State
5Police and Federal Bureau of Investigation criminal history
6record databases now and hereafter filed. The Illinois
7Department of State Police shall charge applicants a fee for
8conducting the criminal history records check, which shall be
9deposited in the State Police Services Fund and shall not
10exceed the actual cost of the records check. The Illinois
11Department of State Police shall furnish, pursuant to positive
12identification, records of Illinois convictions to the
13Department. The Department may require applicants to pay a
14separate fingerprinting fee, either to the Department or
15directly to the vendor. The Department, in its discretion, may
16allow an applicant who does not have reasonable access to a
17designated vendor to provide his or her fingerprints in an
18alternative manner. The Department, in its discretion, may
19also use other procedures in performing or obtaining criminal
20background checks of applicants. Instead of submitting his or
21her fingerprints, an individual may submit proof that is
22satisfactory to the Department that an equivalent security
23clearance has been conducted. Also, an individual who has
24retired as a peace officer within 12 months of application may
25submit verification, on forms provided by the Department and
26signed by his or her employer, of his or her previous full-time

 

 

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1employment as a peace officer.
2    (d) The Department shall issue a permanent employee
3registration card, in a form the Department prescribes, to all
4qualified applicants. The holder of a permanent employee
5registration card shall carry the card at all times while
6actually engaged in the performance of the duties of his or her
7employment. Expiration and requirements for renewal of
8permanent employee registration cards shall be established by
9rule of the Department. Possession of a permanent employee
10registration card does not in any way imply that the holder of
11the card is employed by an agency unless the permanent
12employee registration card is accompanied by the employee
13identification card required by subsection (f) of this
14Section.
15    (e) Each employer shall maintain a record of each employee
16that is accessible to the duly authorized representatives of
17the Department. The record shall contain the following
18information:
19        (1) A photograph taken within 10 days of the date that
20    the employee begins employment with the employer. The
21    photograph shall be replaced with a current photograph
22    every 3 calendar years.
23        (2) The Employee's Statement specified in subsection
24    (b) of this Section.
25        (3) All correspondence or documents relating to the
26    character and integrity of the employee received by the

 

 

HB3655- 905 -LRB102 16922 WGH 22334 b

1    employer from any official source or law enforcement
2    agency.
3        (4) In the case of former employees, the employee
4    identification card of that person issued under subsection
5    (f) of this Section. Each employee record shall duly note
6    if the employee is employed in an armed capacity. Armed
7    employee files shall contain a copy of an active firearm
8    owner's identification card and a copy of an active
9    firearm control card. Each employer shall maintain a
10    record for each armed employee of each instance in which
11    the employee's weapon was discharged during the course of
12    his or her professional duties or activities. The record
13    shall be maintained on forms provided by the Department, a
14    copy of which must be filed with the Department within 15
15    days of an instance. The record shall include the date and
16    time of the occurrence, the circumstances involved in the
17    occurrence, and any other information as the Department
18    may require. Failure to provide this information to the
19    Department or failure to maintain the record as a part of
20    each armed employee's permanent file is grounds for
21    disciplinary action. The Department, upon receipt of a
22    report, shall have the authority to make any investigation
23    it considers appropriate into any occurrence in which an
24    employee's weapon was discharged and to take disciplinary
25    action as may be appropriate.
26        (5) A copy of the employee's permanent employee

 

 

HB3655- 906 -LRB102 16922 WGH 22334 b

1    registration card or a copy of the Department's "License
2    Lookup" Webpage showing that the employee has been issued
3    a valid permanent employee registration card by the
4    Department.
5    The Department may, by rule, prescribe further record
6requirements.
7    (f) Every employer shall furnish an employee
8identification card to each of his or her employees. This
9employee identification card shall contain a recent photograph
10of the employee, the employee's name, the name and agency
11license number of the employer, the employee's personal
12description, the signature of the employer, the signature of
13that employee, the date of issuance, and an employee
14identification card number.
15    (g) No employer may issue an employee identification card
16to any person who is not employed by the employer in accordance
17with this Section or falsely state or represent that a person
18is or has been in his or her employ. It is unlawful for an
19applicant for registered employment to file with the
20Department the fingerprints of a person other than himself or
21herself.
22    (h) Every employer shall obtain the identification card of
23every employee who terminates employment with him or her.
24    (i) Every employer shall maintain a separate roster of the
25names of all employees currently working in an armed capacity
26and submit the roster to the Department on request.

 

 

HB3655- 907 -LRB102 16922 WGH 22334 b

1    (j) No agency may employ any person to perform a licensed
2activity under this Act unless the person possesses a valid
3permanent employee registration card or a valid license under
4this Act, or is exempt pursuant to subsection (n).
5    (k) Notwithstanding the provisions of subsection (j), an
6agency may employ a person in a temporary capacity if all of
7the following conditions are met:
8        (1) The agency completes in its entirety and submits
9    to the Department an application for a permanent employee
10    registration card, including the required fingerprint
11    receipt and fees.
12        (2) The agency has verification from the Department
13    that the applicant has no record of any criminal
14    conviction pursuant to the criminal history check
15    conducted by the Illinois Department of State Police. The
16    agency shall maintain the verification of the results of
17    the Illinois Department of State Police criminal history
18    check as part of the employee record as required under
19    subsection (e) of this Section.
20        (3) The agency exercises due diligence to ensure that
21    the person is qualified under the requirements of the Act
22    to be issued a permanent employee registration card.
23        (4) The agency maintains a separate roster of the
24    names of all employees whose applications are currently
25    pending with the Department and submits the roster to the
26    Department on a monthly basis. Rosters are to be

 

 

HB3655- 908 -LRB102 16922 WGH 22334 b

1    maintained by the agency for a period of at least 24
2    months.
3    An agency may employ only a permanent employee applicant
4for which it either submitted a permanent employee application
5and all required forms and fees or it confirms with the
6Department that a permanent employee application and all
7required forms and fees have been submitted by another agency,
8licensee or the permanent employee and all other requirements
9of this Section are met.
10    The Department shall have the authority to revoke, without
11a hearing, the temporary authority of an individual to work
12upon receipt of Federal Bureau of Investigation fingerprint
13data or a report of another official authority indicating a
14criminal conviction. If the Department has not received a
15temporary employee's Federal Bureau of Investigation
16fingerprint data within 120 days of the date the Department
17received the Illinois Department of State Police fingerprint
18data, the Department may, at its discretion, revoke the
19employee's temporary authority to work with 15 days written
20notice to the individual and the employing agency.
21    An agency may not employ a person in a temporary capacity
22if it knows or reasonably should have known that the person has
23been convicted of a crime under the laws of this State, has
24been convicted in another state of any crime that is a crime
25under the laws of this State, has been convicted of any crime
26in a federal court, or has been posted as an unapproved

 

 

HB3655- 909 -LRB102 16922 WGH 22334 b

1applicant by the Department. Notice by the Department to the
2agency, via certified mail, personal delivery, electronic
3mail, or posting on the Department's Internet site accessible
4to the agency that the person has been convicted of a crime
5shall be deemed constructive knowledge of the conviction on
6the part of the agency. The Department may adopt rules to
7implement this subsection (k).
8    (l) No person may be employed under this Section in any
9capacity if:
10        (1) the person, while so employed, is being paid by
11    the United States or any political subdivision for the
12    time so employed in addition to any payments he or she may
13    receive from the employer; or
14        (2) the person wears any portion of his or her
15    official uniform, emblem of authority, or equipment while
16    so employed.
17    (m) If information is discovered affecting the
18registration of a person whose fingerprints were submitted
19under this Section, the Department shall so notify the agency
20that submitted the fingerprints on behalf of that person.
21    (n) Peace officers shall be exempt from the requirements
22of this Section relating to permanent employee registration
23cards. The agency shall remain responsible for any peace
24officer employed under this exemption, regardless of whether
25the peace officer is compensated as an employee or as an
26independent contractor and as further defined by rule.

 

 

HB3655- 910 -LRB102 16922 WGH 22334 b

1    (o) Persons who have no access to confidential or security
2information, who do not go to a client's or prospective
3client's residence or place of business, and who otherwise do
4not provide traditional security services are exempt from
5employee registration. Examples of exempt employees include,
6but are not limited to, employees working in the capacity of
7ushers, directors, ticket takers, cashiers, drivers, and
8reception personnel. Confidential or security information is
9that which pertains to employee files, scheduling, client
10contracts, or technical security and alarm data.
11    (p) An applicant who is 21 years of age or older seeking a
12religious exemption to the photograph requirement of this
13Section shall furnish with the application an approved copy of
14United States Department of the Treasury Internal Revenue
15Service Form 4029. Regardless of age, an applicant seeking a
16religious exemption to this photograph requirement shall
17submit fingerprints in a form and manner prescribed by the
18Department with his or her application in lieu of a
19photograph.
20(Source: P.A. 98-253, eff. 8-9-13; 98-848, eff. 1-1-15.)
 
21    (225 ILCS 447/40-10)
22    (Section scheduled to be repealed on January 1, 2024)
23    Sec. 40-10. Disciplinary sanctions.
24    (a) The Department may deny issuance, refuse to renew, or
25restore or may reprimand, place on probation, suspend, revoke,

 

 

HB3655- 911 -LRB102 16922 WGH 22334 b

1or take other disciplinary or non-disciplinary action against
2any license, registration, permanent employee registration
3card, canine handler authorization card, canine trainer
4authorization card, or firearm control card, may impose a fine
5not to exceed $10,000 for each violation, and may assess costs
6as provided for under Section 45-60, for any of the following:
7        (1) Fraud, deception, or misrepresentation in
8    obtaining or renewing of a license or registration.
9        (2) Professional incompetence as manifested by poor
10    standards of service.
11        (3) Engaging in dishonorable, unethical, or
12    unprofessional conduct of a character likely to deceive,
13    defraud, or harm the public.
14        (4) Conviction of or plea of guilty or plea of nolo
15    contendere to a felony or misdemeanor in this State or any
16    other jurisdiction or the entry of an administrative
17    sanction by a government agency in this State or any other
18    jurisdiction; action taken under this paragraph (4) for a
19    misdemeanor or an administrative sanction is limited to a
20    misdemeanor or administrative sanction that has as an
21    essential element of dishonesty or fraud or involves
22    larceny, embezzlement, or obtaining money, property, or
23    credit by false pretenses or by means of a confidence
24    game.
25        (5) Performing any services in a grossly negligent
26    manner or permitting any of a licensee's employees to

 

 

HB3655- 912 -LRB102 16922 WGH 22334 b

1    perform services in a grossly negligent manner, regardless
2    of whether actual damage to the public is established.
3        (6) Continued practice, although the person has become
4    unfit to practice due to any of the following:
5            (A) Physical illness, mental illness, or other
6        impairment, including, but not limited to,
7        deterioration through the aging process or loss of
8        motor skills that results in the inability to serve
9        the public with reasonable judgment, skill, or safety.
10            (B) (Blank).
11            (C) Habitual or excessive use or abuse of drugs
12        defined in law as controlled substances, alcohol, or
13        any other substance that results in the inability to
14        practice with reasonable judgment, skill, or safety.
15        (7) Receiving, directly or indirectly, compensation
16    for any services not rendered.
17        (8) Willfully deceiving or defrauding the public on a
18    material matter.
19        (9) Failing to account for or remit any moneys or
20    documents coming into the licensee's possession that
21    belong to another person or entity.
22        (10) Discipline by another United States jurisdiction,
23    foreign nation, or governmental agency, if at least one of
24    the grounds for the discipline is the same or
25    substantially equivalent to those set forth in this Act.
26        (11) Giving differential treatment to a person that is

 

 

HB3655- 913 -LRB102 16922 WGH 22334 b

1    to that person's detriment because of race, color, creed,
2    sex, religion, or national origin.
3        (12) Engaging in false or misleading advertising.
4        (13) Aiding, assisting, or willingly permitting
5    another person to violate this Act or rules promulgated
6    under it.
7        (14) Performing and charging for services without
8    authorization to do so from the person or entity serviced.
9        (15) Directly or indirectly offering or accepting any
10    benefit to or from any employee, agent, or fiduciary
11    without the consent of the latter's employer or principal
12    with intent to or the understanding that this action will
13    influence his or her conduct in relation to his or her
14    employer's or principal's affairs.
15        (16) Violation of any disciplinary order imposed on a
16    licensee by the Department.
17        (17) Performing any act or practice that is a
18    violation of this Act or the rules for the administration
19    of this Act, or having a conviction or administrative
20    finding of guilty as a result of violating any federal or
21    State laws, rules, or regulations that apply exclusively
22    to the practices of private detectives, private alarm
23    contractors, private security contractors, fingerprint
24    vendors, or locksmiths.
25        (18) Conducting an agency without a valid license.
26        (19) Revealing confidential information, except as

 

 

HB3655- 914 -LRB102 16922 WGH 22334 b

1    required by law, including but not limited to information
2    available under Section 2-123 of the Illinois Vehicle
3    Code.
4        (20) Failing to make available to the Department, upon
5    request, any books, records, or forms required by this
6    Act.
7        (21) Failing, within 30 days, to respond to a written
8    request for information from the Department.
9        (22) Failing to provide employment information or
10    experience information required by the Department
11    regarding an applicant for licensure.
12        (23) Failing to make available to the Department at
13    the time of the request any indicia of licensure or
14    registration issued under this Act.
15        (24) Purporting to be a licensee-in-charge of an
16    agency without active participation in the agency.
17        (25) A finding by the Department that the licensee,
18    after having his or her license placed on probationary
19    status, has violated the terms of probation.
20        (26) Violating subsection (f) of Section 30-30.
21        (27) A firearm control card holder having more
22    firearms in his or her immediate possession than he or she
23    can reasonably exercise control over.
24        (28) Failure to report in writing to the Department,
25    within 60 days of an entry of a settlement or a verdict in
26    excess of $10,000, any legal action in which the quality

 

 

HB3655- 915 -LRB102 16922 WGH 22334 b

1    of the licensee's or registrant's professional services
2    was the subject of the legal action.
3    (b) All fines imposed under this Section shall be paid
4within 60 days after the effective date of the order imposing
5the fine.
6    (c) The Department shall adopt rules that set forth
7standards of service for the following: (i) acceptable error
8rate in the transmission of fingerprint images and other data
9to the Illinois Department of State Police; (ii) acceptable
10error rate in the collection and documentation of information
11used to generate fingerprint work orders; and (iii) any other
12standard of service that affects fingerprinting services as
13determined by the Department.
14    The determination by a circuit court that a licensee is
15subject to involuntary admission or judicial admission, as
16provided in the Mental Health and Developmental Disabilities
17Code, operates as an automatic suspension. The suspension will
18end only upon a finding by a court that the patient is no
19longer subject to involuntary admission or judicial admission
20and the issuance of an order so finding and discharging the
21patient.
22(Source: P.A. 98-253, eff. 8-9-13; 99-174, eff. 7-29-15.)
 
23    Section 640. The Real Estate Appraiser Licensing Act of
242002 is amended by changing Section 5-22 as follows:
 

 

 

HB3655- 916 -LRB102 16922 WGH 22334 b

1    (225 ILCS 458/5-22)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 5-22. Criminal history records check.
4    (a) Each applicant for licensure by examination or
5restoration shall have his or her fingerprints submitted to
6the Illinois Department of State Police in an electronic
7format that complies with the form and manner for requesting
8and furnishing criminal history record information as
9prescribed by the Illinois Department of State Police. These
10fingerprints shall be checked against the Illinois Department
11of State Police and Federal Bureau of Investigation criminal
12history record databases now and hereafter filed. The Illinois
13Department of State Police shall charge applicants a fee for
14conducting the criminal history records check, which shall be
15deposited into the State Police Services Fund and shall not
16exceed the actual cost of the records check. The Illinois
17Department of State Police shall furnish, pursuant to positive
18identification, records of Illinois convictions to the
19Department. The Department may require applicants to pay a
20separate fingerprinting fee, either to the Department or to a
21vendor. The Department may adopt any rules necessary to
22implement this Section.
23    (b) The Secretary may designate a multi-state licensing
24system to perform the functions described in subsection (a).
25The Department may require applicants to pay a separate
26fingerprinting fee, either to the Department or to the

 

 

HB3655- 917 -LRB102 16922 WGH 22334 b

1multi-state licensing system. The Department may adopt any
2rules necessary to implement this subsection.
3(Source: P.A. 100-604, eff. 7-13-18.)
 
4    Section 645. The Appraisal Management Company Registration
5Act is amended by changing Section 68 as follows:
 
6    (225 ILCS 459/68)
7    Sec. 68. Criminal history records background check. Each
8individual applicant or controlling person on behalf of a
9business entity that applies for registration or restoration
10shall have his or her fingerprints submitted to the Illinois
11Department of State Police in an electronic format that
12complies with the form and manner for requesting and
13furnishing criminal history record information as prescribed
14by the Illinois Department of State Police, or through a
15multi-state licensing system as designated by the Secretary.
16These fingerprints shall be checked against the Illinois
17Department of State Police and Federal Bureau of Investigation
18criminal history record databases now and hereafter filed. The
19Illinois Department of State Police shall charge applicants a
20fee for conducting the criminal history records background
21check, which shall be deposited into the State Police Services
22Fund and shall not exceed the actual cost of the criminal
23history records background check. The Illinois Department of
24State Police shall furnish, pursuant to positive

 

 

HB3655- 918 -LRB102 16922 WGH 22334 b

1identification, records of Illinois convictions to the
2Department. The Department may require an applicant to pay a
3separate fingerprinting fee, either to the Department or to a
4vendor. The Department may adopt any rules necessary to
5implement this Section.
6(Source: P.A. 100-604, eff. 7-13-18.)
 
7    Section 650. The Solicitation for Charity Act is amended
8by changing Section 16.5 as follows:
 
9    (225 ILCS 460/16.5)
10    Sec. 16.5. Terrorist acts.
11    (a) Any person or organization subject to registration
12under this Act, who knowingly acts to further, directly or
13indirectly, or knowingly uses charitable assets to conduct or
14further, directly or indirectly, an act or actions as set
15forth in Article 29D of the Criminal Code of 2012, is thereby
16engaged in an act or actions contrary to public policy and
17antithetical to charity, and all of the funds, assets, and
18records of the person or organization shall be subject to
19temporary and permanent injunction from use or expenditure and
20the appointment of a temporary and permanent receiver to take
21possession of all of the assets and related records.
22    (b) An ex parte action may be commenced by the Attorney
23General, and, upon a showing of probable cause of a violation
24of this Section or Article 29D of the Criminal Code of 2012, an

 

 

HB3655- 919 -LRB102 16922 WGH 22334 b

1immediate seizure of books and records by the Attorney General
2by and through his or her assistants or investigators or the
3Illinois Department of State Police and freezing of all assets
4shall be made by order of a court to protect the public,
5protect the assets, and allow a full review of the records.
6    (c) Upon a finding by a court after a hearing that a person
7or organization has acted or is in violation of this Section,
8the person or organization shall be permanently enjoined from
9soliciting funds from the public, holding charitable funds, or
10acting as a trustee or fiduciary within Illinois. Upon a
11finding of violation all assets and funds held by the person or
12organization shall be forfeited to the People of the State of
13Illinois or otherwise ordered by the court to be accounted for
14and marshaled and then delivered to charitable causes and uses
15within the State of Illinois by court order.
16    (d) A determination under this Section may be made by any
17court separate and apart from any criminal proceedings and the
18standard of proof shall be that for civil proceedings.
19    (e) Any knowing use of charitable assets to conduct or
20further, directly or indirectly, an act or actions set forth
21in Article 29D of the Criminal Code of 2012 shall be a misuse
22of charitable assets and breach of fiduciary duty relative to
23all other Sections of this Act.
24(Source: P.A. 97-1150, eff. 1-25-13.)
 
25    Section 655. The Illinois Horse Racing Act of 1975 is

 

 

HB3655- 920 -LRB102 16922 WGH 22334 b

1amended by changing Sections 9, 15, 28, 34, and 45 as follows:
 
2    (230 ILCS 5/9)  (from Ch. 8, par. 37-9)
3    Sec. 9. The Board shall have all powers necessary and
4proper to fully and effectively execute the provisions of this
5Act, including, but not limited to, the following:
6    (a) The Board is vested with jurisdiction and supervision
7over all race meetings in this State, over all licensees doing
8business in this State, over all occupation licensees, and
9over all persons on the facilities of any licensee. Such
10jurisdiction shall include the power to issue licenses to the
11Illinois Department of Agriculture authorizing the pari-mutuel
12system of wagering on harness and Quarter Horse races held (1)
13at the Illinois State Fair in Sangamon County, and (2) at the
14DuQuoin State Fair in Perry County. The jurisdiction of the
15Board shall also include the power to issue licenses to county
16fairs which are eligible to receive funds pursuant to the
17Agricultural Fair Act, as now or hereafter amended, or their
18agents, authorizing the pari-mutuel system of wagering on
19horse races conducted at the county fairs receiving such
20licenses. Such licenses shall be governed by subsection (n) of
21this Section.
22    Upon application, the Board shall issue a license to the
23Illinois Department of Agriculture to conduct harness and
24Quarter Horse races at the Illinois State Fair and at the
25DuQuoin State Fairgrounds during the scheduled dates of each

 

 

HB3655- 921 -LRB102 16922 WGH 22334 b

1fair. The Board shall not require and the Department of
2Agriculture shall be exempt from the requirements of Sections
315.3, 18 and 19, paragraphs (a)(2), (b), (c), (d), (e), (e-5),
4(e-10), (f), (g), and (h) of Section 20, and Sections 21, 24
5and 25. The Board and the Department of Agriculture may extend
6any or all of these exemptions to any contractor or agent
7engaged by the Department of Agriculture to conduct its race
8meetings when the Board determines that this would best serve
9the public interest and the interest of horse racing.
10    Notwithstanding any provision of law to the contrary, it
11shall be lawful for any licensee to operate pari-mutuel
12wagering or contract with the Department of Agriculture to
13operate pari-mutuel wagering at the DuQuoin State Fairgrounds
14or for the Department to enter into contracts with a licensee,
15employ its owners, employees or agents and employ such other
16occupation licensees as the Department deems necessary in
17connection with race meetings and wagerings.
18    (b) The Board is vested with the full power to promulgate
19reasonable rules and regulations for the purpose of
20administering the provisions of this Act and to prescribe
21reasonable rules, regulations and conditions under which all
22horse race meetings or wagering in the State shall be
23conducted. Such reasonable rules and regulations are to
24provide for the prevention of practices detrimental to the
25public interest and to promote the best interests of horse
26racing and to impose penalties for violations thereof.

 

 

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1    (c) The Board, and any person or persons to whom it
2delegates this power, is vested with the power to enter the
3facilities and other places of business of any licensee to
4determine whether there has been compliance with the
5provisions of this Act and its rules and regulations.
6    (d) The Board, and any person or persons to whom it
7delegates this power, is vested with the authority to
8investigate alleged violations of the provisions of this Act,
9its reasonable rules and regulations, orders and final
10decisions; the Board shall take appropriate disciplinary
11action against any licensee or occupation licensee for
12violation thereof or institute appropriate legal action for
13the enforcement thereof.
14    (e) The Board, and any person or persons to whom it
15delegates this power, may eject or exclude from any race
16meeting or the facilities of any licensee, or any part
17thereof, any occupation licensee or any other individual whose
18conduct or reputation is such that his presence on those
19facilities may, in the opinion of the Board, call into
20question the honesty and integrity of horse racing or wagering
21or interfere with the orderly conduct of horse racing or
22wagering; provided, however, that no person shall be excluded
23or ejected from the facilities of any licensee solely on the
24grounds of race, color, creed, national origin, ancestry, or
25sex. The power to eject or exclude an occupation licensee or
26other individual may be exercised for just cause by the

 

 

HB3655- 923 -LRB102 16922 WGH 22334 b

1licensee or the Board, subject to subsequent hearing by the
2Board as to the propriety of said exclusion.
3    (f) The Board is vested with the power to acquire,
4establish, maintain and operate (or provide by contract to
5maintain and operate) testing laboratories and related
6facilities, for the purpose of conducting saliva, blood, urine
7and other tests on the horses run or to be run in any horse
8race meeting, including races run at county fairs, and to
9purchase all equipment and supplies deemed necessary or
10desirable in connection with any such testing laboratories and
11related facilities and all such tests.
12    (g) The Board may require that the records, including
13financial or other statements of any licensee or any person
14affiliated with the licensee who is involved directly or
15indirectly in the activities of any licensee as regulated
16under this Act to the extent that those financial or other
17statements relate to such activities be kept in such manner as
18prescribed by the Board, and that Board employees shall have
19access to those records during reasonable business hours.
20Within 120 days of the end of its fiscal year, each licensee
21shall transmit to the Board an audit of the financial
22transactions and condition of the licensee's total operations.
23All audits shall be conducted by certified public accountants.
24Each certified public accountant must be registered in the
25State of Illinois under the Illinois Public Accounting Act.
26The compensation for each certified public accountant shall be

 

 

HB3655- 924 -LRB102 16922 WGH 22334 b

1paid directly by the licensee to the certified public
2accountant. A licensee shall also submit any other financial
3or related information the Board deems necessary to
4effectively administer this Act and all rules, regulations,
5and final decisions promulgated under this Act.
6    (h) The Board shall name and appoint in the manner
7provided by the rules and regulations of the Board: an
8Executive Director; a State director of mutuels; State
9veterinarians and representatives to take saliva, blood, urine
10and other tests on horses; licensing personnel; revenue
11inspectors; and State seasonal employees (excluding admission
12ticket sellers and mutuel clerks). All of those named and
13appointed as provided in this subsection shall serve during
14the pleasure of the Board; their compensation shall be
15determined by the Board and be paid in the same manner as other
16employees of the Board under this Act.
17    (i) The Board shall require that there shall be 3 stewards
18at each horse race meeting, at least 2 of whom shall be named
19and appointed by the Board. Stewards appointed or approved by
20the Board, while performing duties required by this Act or by
21the Board, shall be entitled to the same rights and immunities
22as granted to Board members and Board employees in Section 10
23of this Act.
24    (j) The Board may discharge any Board employee who fails
25or refuses for any reason to comply with the rules and
26regulations of the Board, or who, in the opinion of the Board,

 

 

HB3655- 925 -LRB102 16922 WGH 22334 b

1is guilty of fraud, dishonesty or who is proven to be
2incompetent. The Board shall have no right or power to
3determine who shall be officers, directors or employees of any
4licensee, or their salaries except the Board may, by rule,
5require that all or any officials or employees in charge of or
6whose duties relate to the actual running of races be approved
7by the Board.
8    (k) The Board is vested with the power to appoint
9delegates to execute any of the powers granted to it under this
10Section for the purpose of administering this Act and any
11rules or regulations promulgated in accordance with this Act.
12    (l) The Board is vested with the power to impose civil
13penalties of up to $5,000 against an individual and up to
14$10,000 against a licensee for each violation of any provision
15of this Act, any rules adopted by the Board, any order of the
16Board or any other action which, in the Board's discretion, is
17a detriment or impediment to horse racing or wagering.
18Beginning on the date when any organization licensee begins
19conducting gaming pursuant to an organization gaming license
20issued under the Illinois Gambling Act, the power granted to
21the Board pursuant to this subsection (l) shall authorize the
22Board to impose penalties of up to $10,000 against an
23individual and up to $25,000 against a licensee. All such
24civil penalties shall be deposited into the Horse Racing Fund.
25    (m) The Board is vested with the power to prescribe a form
26to be used by licensees as an application for employment for

 

 

HB3655- 926 -LRB102 16922 WGH 22334 b

1employees of each licensee.
2    (n) The Board shall have the power to issue a license to
3any county fair, or its agent, authorizing the conduct of the
4pari-mutuel system of wagering. The Board is vested with the
5full power to promulgate reasonable rules, regulations and
6conditions under which all horse race meetings licensed
7pursuant to this subsection shall be held and conducted,
8including rules, regulations and conditions for the conduct of
9the pari-mutuel system of wagering. The rules, regulations and
10conditions shall provide for the prevention of practices
11detrimental to the public interest and for the best interests
12of horse racing, and shall prescribe penalties for violations
13thereof. Any authority granted the Board under this Act shall
14extend to its jurisdiction and supervision over county fairs,
15or their agents, licensed pursuant to this subsection.
16However, the Board may waive any provision of this Act or its
17rules or regulations which would otherwise apply to such
18county fairs or their agents.
19    (o) Whenever the Board is authorized or required by law to
20consider some aspect of criminal history record information
21for the purpose of carrying out its statutory powers and
22responsibilities, then, upon request and payment of fees in
23conformance with the requirements of Section 2605-400 of the
24Illinois Department of State Police Law (20 ILCS
252605/2605-400), the Illinois Department of State Police is
26authorized to furnish, pursuant to positive identification,

 

 

HB3655- 927 -LRB102 16922 WGH 22334 b

1such information contained in State files as is necessary to
2fulfill the request.
3    (p) To insure the convenience, comfort, and wagering
4accessibility of race track patrons, to provide for the
5maximization of State revenue, and to generate increases in
6purse allotments to the horsemen, the Board shall require any
7licensee to staff the pari-mutuel department with adequate
8personnel.
9(Source: P.A. 101-31, eff. 6-28-19.)
 
10    (230 ILCS 5/15)  (from Ch. 8, par. 37-15)
11    Sec. 15. (a) The Board shall, in its discretion, issue
12occupation licenses to horse owners, trainers, harness
13drivers, jockeys, agents, apprentices, grooms, stable foremen,
14exercise persons, veterinarians, valets, blacksmiths,
15concessionaires and others designated by the Board whose work,
16in whole or in part, is conducted upon facilities within the
17State. Such occupation licenses will be obtained prior to the
18persons engaging in their vocation upon such facilities. The
19Board shall not license pari-mutuel clerks, parking
20attendants, security guards and employees of concessionaires.
21No occupation license shall be required of any person who
22works at facilities within this State as a pari-mutuel clerk,
23parking attendant, security guard or as an employee of a
24concessionaire. Concessionaires of the Illinois State Fair and
25DuQuoin State Fair and employees of the Illinois Department of

 

 

HB3655- 928 -LRB102 16922 WGH 22334 b

1Agriculture shall not be required to obtain an occupation
2license by the Board.
3    (b) Each application for an occupation license shall be on
4forms prescribed by the Board. Such license, when issued,
5shall be for the period ending December 31 of each year, except
6that the Board in its discretion may grant 3-year licenses.
7The application shall be accompanied by a fee of not more than
8$25 per year or, in the case of 3-year occupation license
9applications, a fee of not more than $60. Each applicant shall
10set forth in the application his full name and address, and if
11he had been issued prior occupation licenses or has been
12licensed in any other state under any other name, such name,
13his age, whether or not a permit or license issued to him in
14any other state has been suspended or revoked and if so whether
15such suspension or revocation is in effect at the time of the
16application, and such other information as the Board may
17require. Fees for registration of stable names shall not
18exceed $50.00. Beginning on the date when any organization
19licensee begins conducting gaming pursuant to an organization
20gaming license issued under the Illinois Gambling Act, the fee
21for registration of stable names shall not exceed $150, and
22the application fee for an occupation license shall not exceed
23$75, per year or, in the case of a 3-year occupation license
24application, the fee shall not exceed $180.
25    (c) The Board may in its discretion refuse an occupation
26license to any person:

 

 

HB3655- 929 -LRB102 16922 WGH 22334 b

1        (1) who has been convicted of a crime;
2        (2) who is unqualified to perform the duties required
3    of such applicant;
4        (3) who fails to disclose or states falsely any
5    information called for in the application;
6        (4) who has been found guilty of a violation of this
7    Act or of the rules and regulations of the Board; or
8        (5) whose license or permit has been suspended,
9    revoked or denied for just cause in any other state.
10    (d) The Board may suspend or revoke any occupation
11license:
12        (1) for violation of any of the provisions of this
13    Act; or
14        (2) for violation of any of the rules or regulations
15    of the Board; or
16        (3) for any cause which, if known to the Board, would
17    have justified the Board in refusing to issue such
18    occupation license; or
19        (4) for any other just cause.
20    (e)   Each applicant shall submit his or her fingerprints
21to the Illinois Department of State Police in the form and
22manner prescribed by the Illinois Department of State Police.
23These fingerprints shall be checked against the fingerprint
24records now and hereafter filed in the Illinois Department of
25State Police and Federal Bureau of Investigation criminal
26history records databases. The Illinois Department of State

 

 

HB3655- 930 -LRB102 16922 WGH 22334 b

1Police shall charge a fee for conducting the criminal history
2records check, which shall be deposited in the State Police
3Services Fund and shall not exceed the actual cost of the
4records check. The Illinois Department of State Police shall
5furnish, pursuant to positive identification, records of
6conviction to the Board. Each applicant for licensure shall
7submit with his occupation license application, on forms
8provided by the Board, 2 sets of his fingerprints. All such
9applicants shall appear in person at the location designated
10by the Board for the purpose of submitting such sets of
11fingerprints; however, with the prior approval of a State
12steward, an applicant may have such sets of fingerprints taken
13by an official law enforcement agency and submitted to the
14Board.
15    (f) The Board may, in its discretion, issue an occupation
16license without submission of fingerprints if an applicant has
17been duly licensed in another recognized racing jurisdiction
18after submitting fingerprints that were subjected to a Federal
19Bureau of Investigation criminal history background check in
20that jurisdiction.
21    (g) Beginning on the date when any organization licensee
22begins conducting gaming pursuant to an organization gaming
23license issued under the Illinois Gambling Act, the Board may
24charge each applicant a reasonable nonrefundable fee to defray
25the costs associated with the background investigation
26conducted by the Board. This fee shall be exclusive of any

 

 

HB3655- 931 -LRB102 16922 WGH 22334 b

1other fee or fees charged in connection with an application
2for and, if applicable, the issuance of, an organization
3gaming license. If the costs of the investigation exceed the
4amount of the fee charged, the Board shall immediately notify
5the applicant of the additional amount owed, payment of which
6must be submitted to the Board within 7 days after such
7notification. All information, records, interviews, reports,
8statements, memoranda, or other data supplied to or used by
9the Board in the course of its review or investigation of an
10applicant for a license or renewal under this Act shall be
11privileged, strictly confidential, and shall be used only for
12the purpose of evaluating an applicant for a license or a
13renewal. Such information, records, interviews, reports,
14statements, memoranda, or other data shall not be admissible
15as evidence, nor discoverable, in any action of any kind in any
16court or before any tribunal, board, agency, or person, except
17for any action deemed necessary by the Board.
18(Source: P.A. 101-31, eff. 6-28-19.)
 
19    (230 ILCS 5/28)  (from Ch. 8, par. 37-28)
20    Sec. 28. Except as provided in subsection (g) of Section
2127 of this Act, moneys collected shall be distributed
22according to the provisions of this Section 28.
23    (a) Thirty per cent of the total of all monies received by
24the State as privilege taxes shall be paid into the
25Metropolitan Exposition, Auditorium and Office Building Fund

 

 

HB3655- 932 -LRB102 16922 WGH 22334 b

1in the State Treasury.
2    (b) In addition, 4.5% of the total of all monies received
3by the State as privilege taxes shall be paid into the State
4treasury into a special Fund to be known as the Metropolitan
5Exposition, Auditorium and Office Building Fund.
6    (c) Fifty per cent of the total of all monies received by
7the State as privilege taxes under the provisions of this Act
8shall be paid into the Agricultural Premium Fund.
9    (d) Seven per cent of the total of all monies received by
10the State as privilege taxes shall be paid into the Fair and
11Exposition Fund in the State treasury; provided, however, that
12when all bonds issued prior to July 1, 1984 by the Metropolitan
13Fair and Exposition Authority shall have been paid or payment
14shall have been provided for upon a refunding of those bonds,
15thereafter 1/12 of $1,665,662 of such monies shall be paid
16each month into the Build Illinois Fund, and the remainder
17into the Fair and Exposition Fund. All excess monies shall be
18allocated to the Department of Agriculture for distribution to
19county fairs for premiums and rehabilitation as set forth in
20the Agricultural Fair Act.
21    (e) The monies provided for in Section 30 shall be paid
22into the Illinois Thoroughbred Breeders Fund.
23    (f) The monies provided for in Section 31 shall be paid
24into the Illinois Standardbred Breeders Fund.
25    (g) Until January 1, 2000, that part representing 1/2 of
26the total breakage in Thoroughbred, Harness, Appaloosa,

 

 

HB3655- 933 -LRB102 16922 WGH 22334 b

1Arabian, and Quarter Horse racing in the State shall be paid
2into the Illinois Race Track Improvement Fund as established
3in Section 32.
4    (h) All other monies received by the Board under this Act
5shall be paid into the Horse Racing Fund.
6    (i) The salaries of the Board members, secretary,
7stewards, directors of mutuels, veterinarians,
8representatives, accountants, clerks, stenographers,
9inspectors and other employees of the Board, and all expenses
10of the Board incident to the administration of this Act,
11including, but not limited to, all expenses and salaries
12incident to the taking of saliva and urine samples in
13accordance with the rules and regulations of the Board shall
14be paid out of the Agricultural Premium Fund.
15    (j) The Agricultural Premium Fund shall also be used:
16        (1) for the expenses of operating the Illinois State
17    Fair and the DuQuoin State Fair, including the payment of
18    prize money or premiums;
19        (2) for the distribution to county fairs, vocational
20    agriculture section fairs, agricultural societies, and
21    agricultural extension clubs in accordance with the
22    Agricultural Fair Act, as amended;
23        (3) for payment of prize monies and premiums awarded
24    and for expenses incurred in connection with the
25    International Livestock Exposition and the Mid-Continent
26    Livestock Exposition held in Illinois, which premiums, and

 

 

HB3655- 934 -LRB102 16922 WGH 22334 b

1    awards must be approved, and paid by the Illinois
2    Department of Agriculture;
3        (4) for personal service of county agricultural
4    advisors and county home advisors;
5        (5) for distribution to agricultural home economic
6    extension councils in accordance with "An Act in relation
7    to additional support and finance for the Agricultural and
8    Home Economic Extension Councils in the several counties
9    in this State and making an appropriation therefor",
10    approved July 24, 1967, as amended;
11        (6) for research on equine disease, including a
12    development center therefor;
13        (7) for training scholarships for study on equine
14    diseases to students at the University of Illinois College
15    of Veterinary Medicine;
16        (8) for the rehabilitation, repair and maintenance of
17    the Illinois and DuQuoin State Fair Grounds and the
18    structures and facilities thereon and the construction of
19    permanent improvements on such Fair Grounds, including
20    such structures, facilities and property located on such
21    State Fair Grounds which are under the custody and control
22    of the Department of Agriculture;
23        (9) (blank);
24        (10) for the expenses of the Department of Commerce
25    and Economic Opportunity under Sections 605-620, 605-625,
26    and 605-630 of the Department of Commerce and Economic

 

 

HB3655- 935 -LRB102 16922 WGH 22334 b

1    Opportunity Law (20 ILCS 605/605-620, 605/605-625, and
2    605/605-630);
3        (11) for remodeling, expanding, and reconstructing
4    facilities destroyed by fire of any Fair and Exposition
5    Authority in counties with a population of 1,000,000 or
6    more inhabitants;
7        (12) for the purpose of assisting in the care and
8    general rehabilitation of veterans with disabilities of
9    any war and their surviving spouses and orphans;
10        (13) for expenses of the Illinois Department of State
11    Police for duties performed under this Act;
12        (14) for the Department of Agriculture for soil
13    surveys and soil and water conservation purposes;
14        (15) for the Department of Agriculture for grants to
15    the City of Chicago for conducting the Chicagofest;
16        (16) for the State Comptroller for grants and
17    operating expenses authorized by the Illinois Global
18    Partnership Act.
19    (k) To the extent that monies paid by the Board to the
20Agricultural Premium Fund are in the opinion of the Governor
21in excess of the amount necessary for the purposes herein
22stated, the Governor shall notify the Comptroller and the
23State Treasurer of such fact, who, upon receipt of such
24notification, shall transfer such excess monies from the
25Agricultural Premium Fund to the General Revenue Fund.
26(Source: P.A. 99-143, eff. 7-27-15; 99-933, eff. 1-27-17;

 

 

HB3655- 936 -LRB102 16922 WGH 22334 b

1100-110, eff. 8-15-17; 100-863, eff. 8-14-18.)
 
2    (230 ILCS 5/34)  (from Ch. 8, par. 37-34)
3    Sec. 34. (a) The Illinois Department of State Police shall
4enforce the racing statutes of the State and provide
5investigative services during all horse racing meetings
6conducted in this State. Each licensee shall provide and
7maintain his own security personnel.
8    (b) Each licensee shall submit a request for the
9investigative services to the Illinois Department of State
10Police. The Illinois Department of State Police shall
11determine each licensee's pro rata share of the Department's
12expenses for investigative services rendered to race tracks on
13a fiscal year basis, and bill each licensee, except the
14Illinois Department of Agriculture or their contractor, for
15such expenses. Upon receipt of such billing, the licensee
16shall pay the amount billed into the Agricultural Premium
17Fund. It shall be the duty of the General Assembly in
18subsequent years to review the operation of the Illinois
19Department of State Police and make consistent increases or,
20if the situation necessitates, decreases in the number of
21personnel necessary in order to fully assure that the Illinois
22Department of State Police is at such a strength as to
23effectively carry out the purposes of this Act.
24(Source: P.A. 89-16, eff. 5-30-95.)
 

 

 

HB3655- 937 -LRB102 16922 WGH 22334 b

1    (230 ILCS 5/45)  (from Ch. 8, par. 37-45)
2    Sec. 45. It shall be the duty of the Attorney General and
3the various State's attorneys in this State in cooperation
4with the Illinois Department of State Police to enforce this
5Act. The Governor may, upon request of the Illinois Department
6of State Police, order the law enforcing officers of the
7various cities and counties to assign a sufficient number of
8deputies to aid members of the Illinois Department of State
9Police in preventing horse racing at any track within the
10respective jurisdiction of such cities or counties an
11organization license for which has been refused, suspended or
12revoked by the Board. The Governor may similarly assign such
13deputies to aid the Illinois Department of State Police when,
14by his determination, additional forces are needed to preserve
15the health, welfare or safety of any person or animal within
16the grounds of any race track in the State.
17(Source: P.A. 84-25.)
 
18    Section 700. The Illinois Gambling Act is amended by
19changing Sections 5, 6, 7.7, 9, 11, 13, and 22 as follows:
 
20    (230 ILCS 10/5)  (from Ch. 120, par. 2405)
21    Sec. 5. Gaming Board.
22    (a) (1) There is hereby established the Illinois Gaming
23Board, which shall have the powers and duties specified in
24this Act, and all other powers necessary and proper to fully

 

 

HB3655- 938 -LRB102 16922 WGH 22334 b

1and effectively execute this Act for the purpose of
2administering, regulating, and enforcing the system of
3riverboat and casino gambling established by this Act and
4gaming pursuant to an organization gaming license issued under
5this Act. Its jurisdiction shall extend under this Act to
6every person, association, corporation, partnership and trust
7involved in riverboat and casino gambling operations and
8gaming pursuant to an organization gaming license issued under
9this Act in the State of Illinois.
10    (2) The Board shall consist of 5 members to be appointed by
11the Governor with the advice and consent of the Senate, one of
12whom shall be designated by the Governor to be chairperson.
13Each member shall have a reasonable knowledge of the practice,
14procedure and principles of gambling operations. Each member
15shall either be a resident of Illinois or shall certify that he
16or she will become a resident of Illinois before taking
17office.
18    On and after the effective date of this amendatory Act of
19the 101st General Assembly, new appointees to the Board must
20include the following:
21        (A) One member who has received, at a minimum, a
22    bachelor's degree from an accredited school and at least
23    10 years of verifiable experience in the fields of
24    investigation and law enforcement.
25        (B) One member who is a certified public accountant
26    with experience in auditing and with knowledge of complex

 

 

HB3655- 939 -LRB102 16922 WGH 22334 b

1    corporate structures and transactions.
2        (C) One member who has 5 years' experience as a
3    principal, senior officer, or director of a company or
4    business with either material responsibility for the daily
5    operations and management of the overall company or
6    business or material responsibility for the policy making
7    of the company or business.
8        (D) One member who is an attorney licensed to practice
9    law in Illinois for at least 5 years.
10    Notwithstanding any provision of this subsection (a), the
11requirements of subparagraphs (A) through (D) of this
12paragraph (2) shall not apply to any person reappointed
13pursuant to paragraph (3).
14    No more than 3 members of the Board may be from the same
15political party. No Board member shall, within a period of one
16year immediately preceding nomination, have been employed or
17received compensation or fees for services from a person or
18entity, or its parent or affiliate, that has engaged in
19business with the Board, a licensee, or a licensee under the
20Illinois Horse Racing Act of 1975. Board members must publicly
21disclose all prior affiliations with gaming interests,
22including any compensation, fees, bonuses, salaries, and other
23reimbursement received from a person or entity, or its parent
24or affiliate, that has engaged in business with the Board, a
25licensee, or a licensee under the Illinois Horse Racing Act of
261975. This disclosure must be made within 30 days after

 

 

HB3655- 940 -LRB102 16922 WGH 22334 b

1nomination but prior to confirmation by the Senate and must be
2made available to the members of the Senate.
3    (3) The terms of office of the Board members shall be 3
4years, except that the terms of office of the initial Board
5members appointed pursuant to this Act will commence from the
6effective date of this Act and run as follows: one for a term
7ending July 1, 1991, 2 for a term ending July 1, 1992, and 2
8for a term ending July 1, 1993. Upon the expiration of the
9foregoing terms, the successors of such members shall serve a
10term for 3 years and until their successors are appointed and
11qualified for like terms. Vacancies in the Board shall be
12filled for the unexpired term in like manner as original
13appointments. Each member of the Board shall be eligible for
14reappointment at the discretion of the Governor with the
15advice and consent of the Senate.
16    (4) Each member of the Board shall receive $300 for each
17day the Board meets and for each day the member conducts any
18hearing pursuant to this Act. Each member of the Board shall
19also be reimbursed for all actual and necessary expenses and
20disbursements incurred in the execution of official duties.
21    (5) No person shall be appointed a member of the Board or
22continue to be a member of the Board who is, or whose spouse,
23child or parent is, a member of the board of directors of, or a
24person financially interested in, any gambling operation
25subject to the jurisdiction of this Board, or any race track,
26race meeting, racing association or the operations thereof

 

 

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1subject to the jurisdiction of the Illinois Racing Board. No
2Board member shall hold any other public office. No person
3shall be a member of the Board who is not of good moral
4character or who has been convicted of, or is under indictment
5for, a felony under the laws of Illinois or any other state, or
6the United States.
7    (5.5) No member of the Board shall engage in any political
8activity. For the purposes of this Section, "political" means
9any activity in support of or in connection with any campaign
10for federal, State, or local elective office or any political
11organization, but does not include activities (i) relating to
12the support or opposition of any executive, legislative, or
13administrative action (as those terms are defined in Section 2
14of the Lobbyist Registration Act), (ii) relating to collective
15bargaining, or (iii) that are otherwise in furtherance of the
16person's official State duties or governmental and public
17service functions.
18    (6) Any member of the Board may be removed by the Governor
19for neglect of duty, misfeasance, malfeasance, or nonfeasance
20in office or for engaging in any political activity.
21    (7) Before entering upon the discharge of the duties of
22his office, each member of the Board shall take an oath that he
23will faithfully execute the duties of his office according to
24the laws of the State and the rules and regulations adopted
25therewith and shall give bond to the State of Illinois,
26approved by the Governor, in the sum of $25,000. Every such

 

 

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1bond, when duly executed and approved, shall be recorded in
2the office of the Secretary of State. Whenever the Governor
3determines that the bond of any member of the Board has become
4or is likely to become invalid or insufficient, he shall
5require such member forthwith to renew his bond, which is to be
6approved by the Governor. Any member of the Board who fails to
7take oath and give bond within 30 days from the date of his
8appointment, or who fails to renew his bond within 30 days
9after it is demanded by the Governor, shall be guilty of
10neglect of duty and may be removed by the Governor. The cost of
11any bond given by any member of the Board under this Section
12shall be taken to be a part of the necessary expenses of the
13Board.
14    (7.5) For the examination of all mechanical,
15electromechanical, or electronic table games, slot machines,
16slot accounting systems, sports wagering systems, and other
17electronic gaming equipment, and the field inspection of such
18systems, games, and machines, for compliance with this Act,
19the Board shall utilize the services of independent outside
20testing laboratories that have been accredited in accordance
21with ISO/IEC 17025 by an accreditation body that is a
22signatory to the International Laboratory Accreditation
23Cooperation Mutual Recognition Agreement signifying they are
24qualified to perform such examinations. Notwithstanding any
25law to the contrary, the Board shall consider the licensing of
26independent outside testing laboratory applicants in

 

 

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1accordance with procedures established by the Board by rule.
2The Board shall not withhold its approval of an independent
3outside testing laboratory license applicant that has been
4accredited as required under this paragraph (7.5) and is
5licensed in gaming jurisdictions comparable to Illinois. Upon
6the finalization of required rules, the Board shall license
7independent testing laboratories and accept the test reports
8of any licensed testing laboratory of the system's, game's, or
9machine manufacturer's choice, notwithstanding the existence
10of contracts between the Board and any independent testing
11laboratory.
12    (8) The Board shall employ such personnel as may be
13necessary to carry out its functions and shall determine the
14salaries of all personnel, except those personnel whose
15salaries are determined under the terms of a collective
16bargaining agreement. No person shall be employed to serve the
17Board who is, or whose spouse, parent or child is, an official
18of, or has a financial interest in or financial relation with,
19any operator engaged in gambling operations within this State
20or any organization engaged in conducting horse racing within
21this State. For the one year immediately preceding employment,
22an employee shall not have been employed or received
23compensation or fees for services from a person or entity, or
24its parent or affiliate, that has engaged in business with the
25Board, a licensee, or a licensee under the Illinois Horse
26Racing Act of 1975. Any employee violating these prohibitions

 

 

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1shall be subject to termination of employment.
2    (9) An Administrator shall perform any and all duties that
3the Board shall assign him. The salary of the Administrator
4shall be determined by the Board and, in addition, he shall be
5reimbursed for all actual and necessary expenses incurred by
6him in discharge of his official duties. The Administrator
7shall keep records of all proceedings of the Board and shall
8preserve all records, books, documents and other papers
9belonging to the Board or entrusted to its care. The
10Administrator shall devote his full time to the duties of the
11office and shall not hold any other office or employment.
12    (b) The Board shall have general responsibility for the
13implementation of this Act. Its duties include, without
14limitation, the following:
15        (1) To decide promptly and in reasonable order all
16    license applications. Any party aggrieved by an action of
17    the Board denying, suspending, revoking, restricting or
18    refusing to renew a license may request a hearing before
19    the Board. A request for a hearing must be made to the
20    Board in writing within 5 days after service of notice of
21    the action of the Board. Notice of the action of the Board
22    shall be served either by personal delivery or by
23    certified mail, postage prepaid, to the aggrieved party.
24    Notice served by certified mail shall be deemed complete
25    on the business day following the date of such mailing.
26    The Board shall conduct any such hearings promptly and in

 

 

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1    reasonable order;
2        (2) To conduct all hearings pertaining to civil
3    violations of this Act or rules and regulations
4    promulgated hereunder;
5        (3) To promulgate such rules and regulations as in its
6    judgment may be necessary to protect or enhance the
7    credibility and integrity of gambling operations
8    authorized by this Act and the regulatory process
9    hereunder;
10        (4) To provide for the establishment and collection of
11    all license and registration fees and taxes imposed by
12    this Act and the rules and regulations issued pursuant
13    hereto. All such fees and taxes shall be deposited into
14    the State Gaming Fund;
15        (5) To provide for the levy and collection of
16    penalties and fines for the violation of provisions of
17    this Act and the rules and regulations promulgated
18    hereunder. All such fines and penalties shall be deposited
19    into the Education Assistance Fund, created by Public Act
20    86-0018, of the State of Illinois;
21        (6) To be present through its inspectors and agents
22    any time gambling operations are conducted on any
23    riverboat, in any casino, or at any organization gaming
24    facility for the purpose of certifying the revenue
25    thereof, receiving complaints from the public, and
26    conducting such other investigations into the conduct of

 

 

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1    the gambling games and the maintenance of the equipment as
2    from time to time the Board may deem necessary and proper;
3        (7) To review and rule upon any complaint by a
4    licensee regarding any investigative procedures of the
5    State which are unnecessarily disruptive of gambling
6    operations. The need to inspect and investigate shall be
7    presumed at all times. The disruption of a licensee's
8    operations shall be proved by clear and convincing
9    evidence, and establish that: (A) the procedures had no
10    reasonable law enforcement purposes, and (B) the
11    procedures were so disruptive as to unreasonably inhibit
12    gambling operations;
13        (8) To hold at least one meeting each quarter of the
14    fiscal year. In addition, special meetings may be called
15    by the Chairman or any 2 Board members upon 72 hours
16    written notice to each member. All Board meetings shall be
17    subject to the Open Meetings Act. Three members of the
18    Board shall constitute a quorum, and 3 votes shall be
19    required for any final determination by the Board. The
20    Board shall keep a complete and accurate record of all its
21    meetings. A majority of the members of the Board shall
22    constitute a quorum for the transaction of any business,
23    for the performance of any duty, or for the exercise of any
24    power which this Act requires the Board members to
25    transact, perform or exercise en banc, except that, upon
26    order of the Board, one of the Board members or an

 

 

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1    administrative law judge designated by the Board may
2    conduct any hearing provided for under this Act or by
3    Board rule and may recommend findings and decisions to the
4    Board. The Board member or administrative law judge
5    conducting such hearing shall have all powers and rights
6    granted to the Board in this Act. The record made at the
7    time of the hearing shall be reviewed by the Board, or a
8    majority thereof, and the findings and decision of the
9    majority of the Board shall constitute the order of the
10    Board in such case;
11        (9) To maintain records which are separate and
12    distinct from the records of any other State board or
13    commission. Such records shall be available for public
14    inspection and shall accurately reflect all Board
15    proceedings;
16        (10) To file a written annual report with the Governor
17    on or before July 1 each year and such additional reports
18    as the Governor may request. The annual report shall
19    include a statement of receipts and disbursements by the
20    Board, actions taken by the Board, and any additional
21    information and recommendations which the Board may deem
22    valuable or which the Governor may request;
23        (11) (Blank);
24        (12) (Blank);
25        (13) To assume responsibility for administration and
26    enforcement of the Video Gaming Act;

 

 

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1        (13.1) To assume responsibility for the administration
2    and enforcement of operations at organization gaming
3    facilities pursuant to this Act and the Illinois Horse
4    Racing Act of 1975;
5        (13.2) To assume responsibility for the administration
6    and enforcement of the Sports Wagering Act; and
7        (14) To adopt, by rule, a code of conduct governing
8    Board members and employees that ensure, to the maximum
9    extent possible, that persons subject to this Code avoid
10    situations, relationships, or associations that may
11    represent or lead to a conflict of interest.
12    Internal controls and changes submitted by licensees must
13be reviewed and either approved or denied with cause within 90
14days after receipt of submission is deemed final by the
15Illinois Gaming Board. In the event an internal control
16submission or change does not meet the standards set by the
17Board, staff of the Board must provide technical assistance to
18the licensee to rectify such deficiencies within 90 days after
19the initial submission and the revised submission must be
20reviewed and approved or denied with cause within 90 days
21after the date the revised submission is deemed final by the
22Board. For the purposes of this paragraph, "with cause" means
23that the approval of the submission would jeopardize the
24integrity of gaming. In the event the Board staff has not acted
25within the timeframe, the submission shall be deemed approved.
26    (c) The Board shall have jurisdiction over and shall

 

 

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1supervise all gambling operations governed by this Act. The
2Board shall have all powers necessary and proper to fully and
3effectively execute the provisions of this Act, including, but
4not limited to, the following:
5        (1) To investigate applicants and determine the
6    eligibility of applicants for licenses and to select among
7    competing applicants the applicants which best serve the
8    interests of the citizens of Illinois.
9        (2) To have jurisdiction and supervision over all
10    riverboat gambling operations authorized under this Act
11    and all persons in places where gambling operations are
12    conducted.
13        (3) To promulgate rules and regulations for the
14    purpose of administering the provisions of this Act and to
15    prescribe rules, regulations and conditions under which
16    all gambling operations subject to this Act shall be
17    conducted. Such rules and regulations are to provide for
18    the prevention of practices detrimental to the public
19    interest and for the best interests of riverboat gambling,
20    including rules and regulations regarding the inspection
21    of organization gaming facilities, casinos, and
22    riverboats, and the review of any permits or licenses
23    necessary to operate a riverboat, casino, or organization
24    gaming facility under any laws or regulations applicable
25    to riverboats, casinos, or organization gaming facilities
26    and to impose penalties for violations thereof.

 

 

HB3655- 950 -LRB102 16922 WGH 22334 b

1        (4) To enter the office, riverboats, casinos,
2    organization gaming facilities, and other facilities, or
3    other places of business of a licensee, where evidence of
4    the compliance or noncompliance with the provisions of
5    this Act is likely to be found.
6        (5) To investigate alleged violations of this Act or
7    the rules of the Board and to take appropriate
8    disciplinary action against a licensee or a holder of an
9    occupational license for a violation, or institute
10    appropriate legal action for enforcement, or both.
11        (6) To adopt standards for the licensing of all
12    persons and entities under this Act, as well as for
13    electronic or mechanical gambling games, and to establish
14    fees for such licenses.
15        (7) To adopt appropriate standards for all
16    organization gaming facilities, riverboats, casinos, and
17    other facilities authorized under this Act.
18        (8) To require that the records, including financial
19    or other statements of any licensee under this Act, shall
20    be kept in such manner as prescribed by the Board and that
21    any such licensee involved in the ownership or management
22    of gambling operations submit to the Board an annual
23    balance sheet and profit and loss statement, list of the
24    stockholders or other persons having a 1% or greater
25    beneficial interest in the gambling activities of each
26    licensee, and any other information the Board deems

 

 

HB3655- 951 -LRB102 16922 WGH 22334 b

1    necessary in order to effectively administer this Act and
2    all rules, regulations, orders and final decisions
3    promulgated under this Act.
4        (9) To conduct hearings, issue subpoenas for the
5    attendance of witnesses and subpoenas duces tecum for the
6    production of books, records and other pertinent documents
7    in accordance with the Illinois Administrative Procedure
8    Act, and to administer oaths and affirmations to the
9    witnesses, when, in the judgment of the Board, it is
10    necessary to administer or enforce this Act or the Board
11    rules.
12        (10) To prescribe a form to be used by any licensee
13    involved in the ownership or management of gambling
14    operations as an application for employment for their
15    employees.
16        (11) To revoke or suspend licenses, as the Board may
17    see fit and in compliance with applicable laws of the
18    State regarding administrative procedures, and to review
19    applications for the renewal of licenses. The Board may
20    suspend an owners license or an organization gaming
21    license without notice or hearing upon a determination
22    that the safety or health of patrons or employees is
23    jeopardized by continuing a gambling operation conducted
24    under that license. The suspension may remain in effect
25    until the Board determines that the cause for suspension
26    has been abated. The Board may revoke an owners license or

 

 

HB3655- 952 -LRB102 16922 WGH 22334 b

1    organization gaming license upon a determination that the
2    licensee has not made satisfactory progress toward abating
3    the hazard.
4        (12) To eject or exclude or authorize the ejection or
5    exclusion of, any person from gambling facilities where
6    that person is in violation of this Act, rules and
7    regulations thereunder, or final orders of the Board, or
8    where such person's conduct or reputation is such that his
9    or her presence within the gambling facilities may, in the
10    opinion of the Board, call into question the honesty and
11    integrity of the gambling operations or interfere with the
12    orderly conduct thereof; provided that the propriety of
13    such ejection or exclusion is subject to subsequent
14    hearing by the Board.
15        (13) To require all licensees of gambling operations
16    to utilize a cashless wagering system whereby all players'
17    money is converted to tokens, electronic cards, or chips
18    which shall be used only for wagering in the gambling
19    establishment.
20        (14) (Blank).
21        (15) To suspend, revoke or restrict licenses, to
22    require the removal of a licensee or an employee of a
23    licensee for a violation of this Act or a Board rule or for
24    engaging in a fraudulent practice, and to impose civil
25    penalties of up to $5,000 against individuals and up to
26    $10,000 or an amount equal to the daily gross receipts,

 

 

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1    whichever is larger, against licensees for each violation
2    of any provision of the Act, any rules adopted by the
3    Board, any order of the Board or any other action which, in
4    the Board's discretion, is a detriment or impediment to
5    gambling operations.
6        (16) To hire employees to gather information, conduct
7    investigations and carry out any other tasks contemplated
8    under this Act.
9        (17) To establish minimum levels of insurance to be
10    maintained by licensees.
11        (18) To authorize a licensee to sell or serve
12    alcoholic liquors, wine or beer as defined in the Liquor
13    Control Act of 1934 on board a riverboat or in a casino and
14    to have exclusive authority to establish the hours for
15    sale and consumption of alcoholic liquor on board a
16    riverboat or in a casino, notwithstanding any provision of
17    the Liquor Control Act of 1934 or any local ordinance, and
18    regardless of whether the riverboat makes excursions. The
19    establishment of the hours for sale and consumption of
20    alcoholic liquor on board a riverboat or in a casino is an
21    exclusive power and function of the State. A home rule
22    unit may not establish the hours for sale and consumption
23    of alcoholic liquor on board a riverboat or in a casino.
24    This subdivision (18) is a denial and limitation of home
25    rule powers and functions under subsection (h) of Section
26    6 of Article VII of the Illinois Constitution.

 

 

HB3655- 954 -LRB102 16922 WGH 22334 b

1        (19) After consultation with the U.S. Army Corps of
2    Engineers, to establish binding emergency orders upon the
3    concurrence of a majority of the members of the Board
4    regarding the navigability of water, relative to
5    excursions, in the event of extreme weather conditions,
6    acts of God or other extreme circumstances.
7        (20) To delegate the execution of any of its powers
8    under this Act for the purpose of administering and
9    enforcing this Act and the rules adopted by the Board.
10        (20.5) To approve any contract entered into on its
11    behalf.
12        (20.6) To appoint investigators to conduct
13    investigations, searches, seizures, arrests, and other
14    duties imposed under this Act, as deemed necessary by the
15    Board. These investigators have and may exercise all of
16    the rights and powers of peace officers, provided that
17    these powers shall be limited to offenses or violations
18    occurring or committed in a casino, in an organization
19    gaming facility, or on a riverboat or dock, as defined in
20    subsections (d) and (f) of Section 4, or as otherwise
21    provided by this Act or any other law.
22        (20.7) To contract with the Illinois Department of
23    State Police for the use of trained and qualified State
24    police officers and with the Department of Revenue for the
25    use of trained and qualified Department of Revenue
26    investigators to conduct investigations, searches,

 

 

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1    seizures, arrests, and other duties imposed under this Act
2    and to exercise all of the rights and powers of peace
3    officers, provided that the powers of Department of
4    Revenue investigators under this subdivision (20.7) shall
5    be limited to offenses or violations occurring or
6    committed in a casino, in an organization gaming facility,
7    or on a riverboat or dock, as defined in subsections (d)
8    and (f) of Section 4, or as otherwise provided by this Act
9    or any other law. In the event the Illinois Department of
10    State Police or the Department of Revenue is unable to
11    fill contracted police or investigative positions, the
12    Board may appoint investigators to fill those positions
13    pursuant to subdivision (20.6).
14        (21) To adopt rules concerning the conduct of gaming
15    pursuant to an organization gaming license issued under
16    this Act.
17        (22) To have the same jurisdiction and supervision
18    over casinos and organization gaming facilities as the
19    Board has over riverboats, including, but not limited to,
20    the power to (i) investigate, review, and approve
21    contracts as that power is applied to riverboats, (ii)
22    adopt rules for administering the provisions of this Act,
23    (iii) adopt standards for the licensing of all persons
24    involved with a casino or organization gaming facility,
25    (iv) investigate alleged violations of this Act by any
26    person involved with a casino or organization gaming

 

 

HB3655- 956 -LRB102 16922 WGH 22334 b

1    facility, and (v) require that records, including
2    financial or other statements of any casino or
3    organization gaming facility, shall be kept in such manner
4    as prescribed by the Board.
5        (23) To take any other action as may be reasonable or
6    appropriate to enforce this Act and the rules adopted by
7    the Board.
8    (d) The Board may seek and shall receive the cooperation
9of the Illinois Department of State Police in conducting
10background investigations of applicants and in fulfilling its
11responsibilities under this Section. Costs incurred by the
12Illinois Department of State Police as a result of such
13cooperation shall be paid by the Board in conformance with the
14requirements of Section 2605-400 of the Illinois Department of
15State Police Law.
16    (e) The Board must authorize to each investigator and to
17any other employee of the Board exercising the powers of a
18peace officer a distinct badge that, on its face, (i) clearly
19states that the badge is authorized by the Board and (ii)
20contains a unique identifying number. No other badge shall be
21authorized by the Board.
22(Source: P.A. 100-1152, eff. 12-14-18; 101-31, eff. 6-28-19.)
 
23    (230 ILCS 10/6)  (from Ch. 120, par. 2406)
24    Sec. 6. Application for owners license.
25    (a) A qualified person may apply to the Board for an owners

 

 

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1license to conduct a gambling operation as provided in this
2Act. The application shall be made on forms provided by the
3Board and shall contain such information as the Board
4prescribes, including but not limited to the identity of the
5riverboat on which such gambling operation is to be conducted,
6if applicable, and the exact location where such riverboat or
7casino will be located, a certification that the riverboat
8will be registered under this Act at all times during which
9gambling operations are conducted on board, detailed
10information regarding the ownership and management of the
11applicant, and detailed personal information regarding the
12applicant. Any application for an owners license to be
13re-issued on or after June 1, 2003 shall also include the
14applicant's license bid in a form prescribed by the Board.
15Information provided on the application shall be used as a
16basis for a thorough background investigation which the Board
17shall conduct with respect to each applicant. An incomplete
18application shall be cause for denial of a license by the
19Board.
20    (a-5) In addition to any other information required under
21this Section, each application for an owners license must
22include the following information:
23        (1) The history and success of the applicant and each
24    person and entity disclosed under subsection (c) of this
25    Section in developing tourism facilities ancillary to
26    gaming, if applicable.

 

 

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1        (2) The likelihood that granting a license to the
2    applicant will lead to the creation of quality, living
3    wage jobs and permanent, full-time jobs for residents of
4    the State and residents of the unit of local government
5    that is designated as the home dock of the proposed
6    facility where gambling is to be conducted by the
7    applicant.
8        (3) The projected number of jobs that would be created
9    if the license is granted and the projected number of new
10    employees at the proposed facility where gambling is to be
11    conducted by the applicant.
12        (4) The record, if any, of the applicant and its
13    developer in meeting commitments to local agencies,
14    community-based organizations, and employees at other
15    locations where the applicant or its developer has
16    performed similar functions as they would perform if the
17    applicant were granted a license.
18        (5) Identification of adverse effects that might be
19    caused by the proposed facility where gambling is to be
20    conducted by the applicant, including the costs of meeting
21    increased demand for public health care, child care,
22    public transportation, affordable housing, and social
23    services, and a plan to mitigate those adverse effects.
24        (6) The record, if any, of the applicant and its
25    developer regarding compliance with:
26            (A) federal, state, and local discrimination, wage

 

 

HB3655- 959 -LRB102 16922 WGH 22334 b

1        and hour, disability, and occupational and
2        environmental health and safety laws; and
3            (B) state and local labor relations and employment
4        laws.
5        (7) The applicant's record, if any, in dealing with
6    its employees and their representatives at other
7    locations.
8        (8) A plan concerning the utilization of
9    minority-owned and women-owned businesses and concerning
10    the hiring of minorities and women.
11        (9) Evidence the applicant used its best efforts to
12    reach a goal of 25% ownership representation by minority
13    persons and 5% ownership representation by women.
14    (b) Applicants shall submit with their application all
15documents, resolutions, and letters of support from the
16governing body that represents the municipality or county
17wherein the licensee will be located.
18    (c) Each applicant shall disclose the identity of every
19person or entity having a greater than 1% direct or indirect
20pecuniary interest in the gambling operation with respect to
21which the license is sought. If the disclosed entity is a
22trust, the application shall disclose the names and addresses
23of all beneficiaries; if a corporation, the names and
24addresses of all stockholders and directors; if a partnership,
25the names and addresses of all partners, both general and
26limited.

 

 

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1    (d) An application shall be filed and considered in
2accordance with the rules of the Board. Each application shall
3be accompanied by a nonrefundable application fee of $250,000.
4In addition, a nonrefundable fee of $50,000 shall be paid at
5the time of filing to defray the costs associated with the
6background investigation conducted by the Board. If the costs
7of the investigation exceed $50,000, the applicant shall pay
8the additional amount to the Board within 7 days after
9requested by the Board. If the costs of the investigation are
10less than $50,000, the applicant shall receive a refund of the
11remaining amount. All information, records, interviews,
12reports, statements, memoranda or other data supplied to or
13used by the Board in the course of its review or investigation
14of an application for a license or a renewal under this Act
15shall be privileged, strictly confidential and shall be used
16only for the purpose of evaluating an applicant for a license
17or a renewal. Such information, records, interviews, reports,
18statements, memoranda or other data shall not be admissible as
19evidence, nor discoverable in any action of any kind in any
20court or before any tribunal, board, agency or person, except
21for any action deemed necessary by the Board. The application
22fee shall be deposited into the State Gaming Fund.
23    (e) The Board shall charge each applicant a fee set by the
24Illinois Department of State Police to defray the costs
25associated with the search and classification of fingerprints
26obtained by the Board with respect to the applicant's

 

 

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1application. These fees shall be paid into the State Police
2Services Fund. In order to expedite the application process,
3the Board may establish rules allowing applicants to acquire
4criminal background checks and financial integrity reviews as
5part of the initial application process from a list of vendors
6approved by the Board.
7    (f) The licensed owner shall be the person primarily
8responsible for the boat or casino itself. Only one gambling
9operation may be authorized by the Board on any riverboat or in
10any casino. The applicant must identify the riverboat or
11premises it intends to use and certify that the riverboat or
12premises: (1) has the authorized capacity required in this
13Act; (2) is accessible to persons with disabilities; and (3)
14is fully registered and licensed in accordance with any
15applicable laws.
16    (g) A person who knowingly makes a false statement on an
17application is guilty of a Class A misdemeanor.
18(Source: P.A. 101-31, eff. 6-28-19.)
 
19    (230 ILCS 10/7.7)
20    Sec. 7.7. Organization gaming licenses.
21    (a) The Illinois Gaming Board shall award one organization
22gaming license to each person or entity having operating
23control of a racetrack that applies under Section 56 of the
24Illinois Horse Racing Act of 1975, subject to the application
25and eligibility requirements of this Section. Within 60 days

 

 

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1after the effective date of this amendatory Act of the 101st
2General Assembly, a person or entity having operating control
3of a racetrack may submit an application for an organization
4gaming license. The application shall be made on such forms as
5provided by the Board and shall contain such information as
6the Board prescribes, including, but not limited to, the
7identity of any racetrack at which gaming will be conducted
8pursuant to an organization gaming license, detailed
9information regarding the ownership and management of the
10applicant, and detailed personal information regarding the
11applicant. The application shall specify the number of gaming
12positions the applicant intends to use and the place where the
13organization gaming facility will operate. A person who
14knowingly makes a false statement on an application is guilty
15of a Class A misdemeanor.
16    Each applicant shall disclose the identity of every person
17or entity having a direct or indirect pecuniary interest
18greater than 1% in any racetrack with respect to which the
19license is sought. If the disclosed entity is a corporation,
20the applicant shall disclose the names and addresses of all
21officers, stockholders, and directors. If the disclosed entity
22is a limited liability company, the applicant shall disclose
23the names and addresses of all members and managers. If the
24disclosed entity is a partnership, the applicant shall
25disclose the names and addresses of all partners, both general
26and limited. If the disclosed entity is a trust, the applicant

 

 

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1shall disclose the names and addresses of all beneficiaries.
2    An application shall be filed and considered in accordance
3with the rules of the Board. Each application for an
4organization gaming license shall include a nonrefundable
5application fee of $250,000. In addition, a nonrefundable fee
6of $50,000 shall be paid at the time of filing to defray the
7costs associated with background investigations conducted by
8the Board. If the costs of the background investigation exceed
9$50,000, the applicant shall pay the additional amount to the
10Board within 7 days after a request by the Board. If the costs
11of the investigation are less than $50,000, the applicant
12shall receive a refund of the remaining amount. All
13information, records, interviews, reports, statements,
14memoranda, or other data supplied to or used by the Board in
15the course of this review or investigation of an applicant for
16an organization gaming license under this Act shall be
17privileged and strictly confidential and shall be used only
18for the purpose of evaluating an applicant for an organization
19gaming license or a renewal. Such information, records,
20interviews, reports, statements, memoranda, or other data
21shall not be admissible as evidence nor discoverable in any
22action of any kind in any court or before any tribunal, board,
23agency or person, except for any action deemed necessary by
24the Board. The application fee shall be deposited into the
25State Gaming Fund.
26    Any applicant or key person, including the applicant's

 

 

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1owners, officers, directors (if a corporation), managers and
2members (if a limited liability company), and partners (if a
3partnership), for an organization gaming license shall have
4his or her fingerprints submitted to the Illinois Department
5of State Police in an electronic format that complies with the
6form and manner for requesting and furnishing criminal history
7record information as prescribed by the Illinois Department of
8State Police. These fingerprints shall be checked against the
9Illinois Department of State Police and Federal Bureau of
10Investigation criminal history record databases now and
11hereafter filed, including, but not limited to, civil,
12criminal, and latent fingerprint databases. The Illinois
13Department of State Police shall charge applicants a fee for
14conducting the criminal history records check, which shall be
15deposited into the State Police Services Fund and shall not
16exceed the actual cost of the records check. The Illinois
17Department of State Police shall furnish, pursuant to positive
18identification, records of Illinois criminal history to the
19Illinois State Police Department.
20    (b) The Board shall determine within 120 days after
21receiving an application for an organization gaming license
22whether to grant an organization gaming license to the
23applicant. If the Board does not make a determination within
24that time period, then the Board shall give a written
25explanation to the applicant as to why it has not reached a
26determination and when it reasonably expects to make a

 

 

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1determination.
2    The organization gaming licensee shall purchase up to the
3amount of gaming positions authorized under this Act within
4120 days after receiving its organization gaming license. If
5an organization gaming licensee is prepared to purchase the
6gaming positions, but is temporarily prohibited from doing so
7by order of a court of competent jurisdiction or the Board,
8then the 120-day period is tolled until a resolution is
9reached.
10    An organization gaming license shall authorize its holder
11to conduct gaming under this Act at its racetracks on the same
12days of the year and hours of the day that owners licenses are
13allowed to operate under approval of the Board.
14    An organization gaming license and any renewal of an
15organization gaming license shall authorize gaming pursuant to
16this Section for a period of 4 years. The fee for the issuance
17or renewal of an organization gaming license shall be
18$250,000.
19    All payments by licensees under this subsection (b) shall
20be deposited into the Rebuild Illinois Projects Fund.
21    (c) To be eligible to conduct gaming under this Section, a
22person or entity having operating control of a racetrack must
23(i) obtain an organization gaming license, (ii) hold an
24organization license under the Illinois Horse Racing Act of
251975, (iii) hold an inter-track wagering license, (iv) pay an
26initial fee of $30,000 per gaming position from organization

 

 

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1gaming licensees where gaming is conducted in Cook County and,
2except as provided in subsection (c-5), $17,500 for
3organization gaming licensees where gaming is conducted
4outside of Cook County before beginning to conduct gaming plus
5make the reconciliation payment required under subsection (k),
6(v) conduct live racing in accordance with subsections (e-1),
7(e-2), and (e-3) of Section 20 of the Illinois Horse Racing Act
8of 1975, (vi) meet the requirements of subsection (a) of
9Section 56 of the Illinois Horse Racing Act of 1975, (vii) for
10organization licensees conducting standardbred race meetings,
11keep backstretch barns and dormitories open and operational
12year-round unless a lesser schedule is mutually agreed to by
13the organization licensee and the horsemen association racing
14at that organization licensee's race meeting, (viii) for
15organization licensees conducting thoroughbred race meetings,
16the organization licensee must maintain accident medical
17expense liability insurance coverage of $1,000,000 for
18jockeys, and (ix) meet all other requirements of this Act that
19apply to owners licensees.
20    An organization gaming licensee may enter into a joint
21venture with a licensed owner to own, manage, conduct, or
22otherwise operate the organization gaming licensee's
23organization gaming facilities, unless the organization gaming
24licensee has a parent company or other affiliated company that
25is, directly or indirectly, wholly owned by a parent company
26that is also licensed to conduct organization gaming, casino

 

 

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1gaming, or their equivalent in another state.
2    All payments by licensees under this subsection (c) shall
3be deposited into the Rebuild Illinois Projects Fund.
4    (c-5) A person or entity having operating control of a
5racetrack located in Madison County shall only pay the initial
6fees specified in subsection (c) for 540 of the gaming
7positions authorized under the license.
8    (d) A person or entity is ineligible to receive an
9organization gaming license if:
10        (1) the person or entity has been convicted of a
11    felony under the laws of this State, any other state, or
12    the United States, including a conviction under the
13    Racketeer Influenced and Corrupt Organizations Act;
14        (2) the person or entity has been convicted of any
15    violation of Article 28 of the Criminal Code of 2012, or
16    substantially similar laws of any other jurisdiction;
17        (3) the person or entity has submitted an application
18    for a license under this Act that contains false
19    information;
20        (4) the person is a member of the Board;
21        (5) a person defined in (1), (2), (3), or (4) of this
22    subsection (d) is an officer, director, or managerial
23    employee of the entity;
24        (6) the person or entity employs a person defined in
25    (1), (2), (3), or (4) of this subsection (d) who
26    participates in the management or operation of gambling

 

 

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1    operations authorized under this Act; or
2        (7) a license of the person or entity issued under
3    this Act or a license to own or operate gambling
4    facilities in any other jurisdiction has been revoked.
5    (e) The Board may approve gaming positions pursuant to an
6organization gaming license statewide as provided in this
7Section. The authority to operate gaming positions under this
8Section shall be allocated as follows: up to 1,200 gaming
9positions for any organization gaming licensee in Cook County
10and up to 900 gaming positions for any organization gaming
11licensee outside of Cook County.
12    (f) Each applicant for an organization gaming license
13shall specify in its application for licensure the number of
14gaming positions it will operate, up to the applicable
15limitation set forth in subsection (e) of this Section. Any
16unreserved gaming positions that are not specified shall be
17forfeited and retained by the Board. For the purposes of this
18subsection (f), an organization gaming licensee that did not
19conduct live racing in 2010 and is located within 3 miles of
20the Mississippi River may reserve up to 900 positions and
21shall not be penalized under this Section for not operating
22those positions until it meets the requirements of subsection
23(e) of this Section, but such licensee shall not request
24unreserved gaming positions under this subsection (f) until
25its 900 positions are all operational.
26    Thereafter, the Board shall publish the number of

 

 

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1unreserved gaming positions and shall accept requests for
2additional positions from any organization gaming licensee
3that initially reserved all of the positions that were
4offered. The Board shall allocate expeditiously the unreserved
5gaming positions to requesting organization gaming licensees
6in a manner that maximizes revenue to the State. The Board may
7allocate any such unused gaming positions pursuant to an open
8and competitive bidding process, as provided under Section 7.5
9of this Act. This process shall continue until all unreserved
10gaming positions have been purchased. All positions obtained
11pursuant to this process and all positions the organization
12gaming licensee specified it would operate in its application
13must be in operation within 18 months after they were obtained
14or the organization gaming licensee forfeits the right to
15operate those positions, but is not entitled to a refund of any
16fees paid. The Board may, after holding a public hearing,
17grant extensions so long as the organization gaming licensee
18is working in good faith to make the positions operational.
19The extension may be for a period of 6 months. If, after the
20period of the extension, the organization gaming licensee has
21not made the positions operational, then another public
22hearing must be held by the Board before it may grant another
23extension.
24    Unreserved gaming positions retained from and allocated to
25organization gaming licensees by the Board pursuant to this
26subsection (f) shall not be allocated to owners licensees

 

 

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1under this Act.
2    For the purpose of this subsection (f), the unreserved
3gaming positions for each organization gaming licensee shall
4be the applicable limitation set forth in subsection (e) of
5this Section, less the number of reserved gaming positions by
6such organization gaming licensee, and the total unreserved
7gaming positions shall be the aggregate of the unreserved
8gaming positions for all organization gaming licensees.
9    (g) An organization gaming licensee is authorized to
10conduct the following at a racetrack:
11        (1) slot machine gambling;
12        (2) video game of chance gambling;
13        (3) gambling with electronic gambling games as defined
14    in this Act or defined by the Illinois Gaming Board; and
15        (4) table games.
16    (h) Subject to the approval of the Illinois Gaming Board,
17an organization gaming licensee may make modification or
18additions to any existing buildings and structures to comply
19with the requirements of this Act. The Illinois Gaming Board
20shall make its decision after consulting with the Illinois
21Racing Board. In no case, however, shall the Illinois Gaming
22Board approve any modification or addition that alters the
23grounds of the organization licensee such that the act of live
24racing is an ancillary activity to gaming authorized under
25this Section. Gaming authorized under this Section may take
26place in existing structures where inter-track wagering is

 

 

HB3655- 971 -LRB102 16922 WGH 22334 b

1conducted at the racetrack or a facility within 300 yards of
2the racetrack in accordance with the provisions of this Act
3and the Illinois Horse Racing Act of 1975.
4    (i) An organization gaming licensee may conduct gaming at
5a temporary facility pending the construction of a permanent
6facility or the remodeling or relocation of an existing
7facility to accommodate gaming participants for up to 24
8months after the temporary facility begins to conduct gaming
9authorized under this Section. Upon request by an organization
10gaming licensee and upon a showing of good cause by the
11organization gaming licensee, the Board shall extend the
12period during which the licensee may conduct gaming authorized
13under this Section at a temporary facility by up to 12 months.
14The Board shall make rules concerning the conduct of gaming
15authorized under this Section from temporary facilities.
16    The gaming authorized under this Section may take place in
17existing structures where inter-track wagering is conducted at
18the racetrack or a facility within 300 yards of the racetrack
19in accordance with the provisions of this Act and the Illinois
20Horse Racing Act of 1975.
21    (i-5) Under no circumstances shall an organization gaming
22licensee conduct gaming at any State or county fair.
23    (j) The Illinois Gaming Board must adopt emergency rules
24in accordance with Section 5-45 of the Illinois Administrative
25Procedure Act as necessary to ensure compliance with the
26provisions of this amendatory Act of the 101st General

 

 

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1Assembly concerning the conduct of gaming by an organization
2gaming licensee. The adoption of emergency rules authorized by
3this subsection (j) shall be deemed to be necessary for the
4public interest, safety, and welfare.
5    (k) Each organization gaming licensee who obtains gaming
6positions must make a reconciliation payment 3 years after the
7date the organization gaming licensee begins operating the
8positions in an amount equal to 75% of the difference between
9its adjusted gross receipts from gaming authorized under this
10Section and amounts paid to its purse accounts pursuant to
11item (1) of subsection (b) of Section 56 of the Illinois Horse
12Racing Act of 1975 for the 12-month period for which such
13difference was the largest, minus an amount equal to the
14initial per position fee paid by the organization gaming
15licensee. If this calculation results in a negative amount,
16then the organization gaming licensee is not entitled to any
17reimbursement of fees previously paid. This reconciliation
18payment may be made in installments over a period of no more
19than 6 years.
20    All payments by licensees under this subsection (k) shall
21be deposited into the Rebuild Illinois Projects Fund.
22    (l) As soon as practical after a request is made by the
23Illinois Gaming Board, to minimize duplicate submissions by
24the applicant, the Illinois Racing Board must provide
25information on an applicant for an organization gaming license
26to the Illinois Gaming Board.

 

 

HB3655- 973 -LRB102 16922 WGH 22334 b

1(Source: P.A. 101-31, eff. 6-28-19; 101-597, eff. 12-6-19;
2101-648, eff. 6-30-20.)
 
3    (230 ILCS 10/9)  (from Ch. 120, par. 2409)
4    Sec. 9. Occupational licenses.
5    (a) The Board may issue an occupational license to an
6applicant upon the payment of a non-refundable fee set by the
7Board, upon a determination by the Board that the applicant is
8eligible for an occupational license and upon payment of an
9annual license fee in an amount to be established. To be
10eligible for an occupational license, an applicant must:
11        (1) be at least 21 years of age if the applicant will
12    perform any function involved in gaming by patrons. Any
13    applicant seeking an occupational license for a non-gaming
14    function shall be at least 18 years of age;
15        (2) not have been convicted of a felony offense, a
16    violation of Article 28 of the Criminal Code of 1961 or the
17    Criminal Code of 2012, or a similar statute of any other
18    jurisdiction;
19        (2.5) not have been convicted of a crime, other than a
20    crime described in item (2) of this subsection (a),
21    involving dishonesty or moral turpitude, except that the
22    Board may, in its discretion, issue an occupational
23    license to a person who has been convicted of a crime
24    described in this item (2.5) more than 10 years prior to
25    his or her application and has not subsequently been

 

 

HB3655- 974 -LRB102 16922 WGH 22334 b

1    convicted of any other crime;
2        (3) have demonstrated a level of skill or knowledge
3    which the Board determines to be necessary in order to
4    operate gambling aboard a riverboat, in a casino, or at an
5    organization gaming facility; and
6        (4) have met standards for the holding of an
7    occupational license as adopted by rules of the Board.
8    Such rules shall provide that any person or entity seeking
9    an occupational license to manage gambling operations
10    under this Act shall be subject to background inquiries
11    and further requirements similar to those required of
12    applicants for an owners license. Furthermore, such rules
13    shall provide that each such entity shall be permitted to
14    manage gambling operations for only one licensed owner.
15    (b) Each application for an occupational license shall be
16on forms prescribed by the Board and shall contain all
17information required by the Board. The applicant shall set
18forth in the application: whether he has been issued prior
19gambling related licenses; whether he has been licensed in any
20other state under any other name, and, if so, such name and his
21age; and whether or not a permit or license issued to him in
22any other state has been suspended, restricted or revoked,
23and, if so, for what period of time.
24    (c) Each applicant shall submit with his application, on
25forms provided by the Board, 2 sets of his fingerprints. The
26Board shall charge each applicant a fee set by the Illinois

 

 

HB3655- 975 -LRB102 16922 WGH 22334 b

1Department of State Police to defray the costs associated with
2the search and classification of fingerprints obtained by the
3Board with respect to the applicant's application. These fees
4shall be paid into the State Police Services Fund.
5    (d) The Board may in its discretion refuse an occupational
6license to any person: (1) who is unqualified to perform the
7duties required of such applicant; (2) who fails to disclose
8or states falsely any information called for in the
9application; (3) who has been found guilty of a violation of
10this Act or whose prior gambling related license or
11application therefor has been suspended, restricted, revoked
12or denied for just cause in any other state; or (4) for any
13other just cause.
14    (e) The Board may suspend, revoke or restrict any
15occupational licensee: (1) for violation of any provision of
16this Act; (2) for violation of any of the rules and regulations
17of the Board; (3) for any cause which, if known to the Board,
18would have disqualified the applicant from receiving such
19license; or (4) for default in the payment of any obligation or
20debt due to the State of Illinois; or (5) for any other just
21cause.
22    (f) A person who knowingly makes a false statement on an
23application is guilty of a Class A misdemeanor.
24    (g) Any license issued pursuant to this Section shall be
25valid for a period of one year from the date of issuance.
26    (h) Nothing in this Act shall be interpreted to prohibit a

 

 

HB3655- 976 -LRB102 16922 WGH 22334 b

1licensed owner or organization gaming licensee from entering
2into an agreement with a public community college or a school
3approved under the Private Business and Vocational Schools Act
4of 2012 for the training of any occupational licensee. Any
5training offered by such a school shall be in accordance with a
6written agreement between the licensed owner or organization
7gaming licensee and the school.
8    (i) Any training provided for occupational licensees may
9be conducted either at the site of the gambling facility or at
10a school with which a licensed owner or organization gaming
11licensee has entered into an agreement pursuant to subsection
12(h).
13(Source: P.A. 101-31, eff. 6-28-19.)
 
14    (230 ILCS 10/11)  (from Ch. 120, par. 2411)
15    Sec. 11. Conduct of gambling. Gambling may be conducted by
16licensed owners or licensed managers on behalf of the State
17aboard riverboats. Gambling may be conducted by organization
18gaming licensees at organization gaming facilities. Gambling
19authorized under this Section is subject to the following
20standards:
21        (1) A licensee may conduct riverboat gambling
22    authorized under this Act regardless of whether it
23    conducts excursion cruises. A licensee may permit the
24    continuous ingress and egress of patrons on a riverboat
25    not used for excursion cruises for the purpose of

 

 

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1    gambling. Excursion cruises shall not exceed 4 hours for a
2    round trip. However, the Board may grant express approval
3    for an extended cruise on a case-by-case basis.
4        (1.5) An owners licensee may conduct gambling
5    operations authorized under this Act 24 hours a day.
6        (2) (Blank).
7        (3) Minimum and maximum wagers on games shall be set
8    by the licensee.
9        (4) Agents of the Board and the Illinois Department of
10    State Police may board and inspect any riverboat, enter
11    and inspect any portion of a casino, or enter and inspect
12    any portion of an organization gaming facility at any time
13    for the purpose of determining whether this Act is being
14    complied with. Every riverboat, if under way and being
15    hailed by a law enforcement officer or agent of the Board,
16    must stop immediately and lay to.
17        (5) Employees of the Board shall have the right to be
18    present on the riverboat or in the casino or on adjacent
19    facilities under the control of the licensee and at the
20    organization gaming facility under the control of the
21    organization gaming licensee.
22        (6) Gambling equipment and supplies customarily used
23    in conducting gambling must be purchased or leased only
24    from suppliers licensed for such purpose under this Act.
25    The Board may approve the transfer, sale, or lease of
26    gambling equipment and supplies by a licensed owner from

 

 

HB3655- 978 -LRB102 16922 WGH 22334 b

1    or to an affiliate of the licensed owner as long as the
2    gambling equipment and supplies were initially acquired
3    from a supplier licensed in Illinois.
4        (7) Persons licensed under this Act shall permit no
5    form of wagering on gambling games except as permitted by
6    this Act.
7        (8) Wagers may be received only from a person present
8    on a licensed riverboat, in a casino, or at an
9    organization gaming facility. No person present on a
10    licensed riverboat, in a casino, or at an organization
11    gaming facility shall place or attempt to place a wager on
12    behalf of another person who is not present on the
13    riverboat, in a casino, or at the organization gaming
14    facility.
15        (9) Wagering, including gaming authorized under
16    Section 7.7, shall not be conducted with money or other
17    negotiable currency.
18        (10) A person under age 21 shall not be permitted on an
19    area of a riverboat or casino where gambling is being
20    conducted or at an organization gaming facility where
21    gambling is being conducted, except for a person at least
22    18 years of age who is an employee of the riverboat or
23    casino gambling operation or gaming operation. No employee
24    under age 21 shall perform any function involved in
25    gambling by the patrons. No person under age 21 shall be
26    permitted to make a wager under this Act, and any winnings

 

 

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1    that are a result of a wager by a person under age 21,
2    whether or not paid by a licensee, shall be treated as
3    winnings for the privilege tax purposes, confiscated, and
4    forfeited to the State and deposited into the Education
5    Assistance Fund.
6        (11) Gambling excursion cruises are permitted only
7    when the waterway for which the riverboat is licensed is
8    navigable, as determined by the Board in consultation with
9    the U.S. Army Corps of Engineers. This paragraph (11) does
10    not limit the ability of a licensee to conduct gambling
11    authorized under this Act when gambling excursion cruises
12    are not permitted.
13        (12) All tickets, chips, or electronic cards used to
14    make wagers must be purchased (i) from a licensed owner or
15    manager, in the case of a riverboat, either aboard a
16    riverboat or at an onshore facility which has been
17    approved by the Board and which is located where the
18    riverboat docks, (ii) in the case of a casino, from a
19    licensed owner at the casino, or (iii) from an
20    organization gaming licensee at the organization gaming
21    facility. The tickets, chips, or electronic cards may be
22    purchased by means of an agreement under which the owner
23    or manager extends credit to the patron. Such tickets,
24    chips, or electronic cards may be used while aboard the
25    riverboat, in the casino, or at the organization gaming
26    facility only for the purpose of making wagers on gambling

 

 

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1    games.
2        (13) Notwithstanding any other Section of this Act, in
3    addition to the other licenses authorized under this Act,
4    the Board may issue special event licenses allowing
5    persons who are not otherwise licensed to conduct
6    riverboat gambling to conduct such gambling on a specified
7    date or series of dates. Riverboat gambling under such a
8    license may take place on a riverboat not normally used
9    for riverboat gambling. The Board shall establish
10    standards, fees and fines for, and limitations upon, such
11    licenses, which may differ from the standards, fees, fines
12    and limitations otherwise applicable under this Act. All
13    such fees shall be deposited into the State Gaming Fund.
14    All such fines shall be deposited into the Education
15    Assistance Fund, created by Public Act 86-0018, of the
16    State of Illinois.
17        (14) In addition to the above, gambling must be
18    conducted in accordance with all rules adopted by the
19    Board.
20(Source: P.A. 101-31, eff. 6-28-19.)
 
21    (230 ILCS 10/13)  (from Ch. 120, par. 2413)
22    Sec. 13. Wagering tax; rate; distribution.
23    (a) Until January 1, 1998, a tax is imposed on the adjusted
24gross receipts received from gambling games authorized under
25this Act at the rate of 20%.

 

 

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1    (a-1) From January 1, 1998 until July 1, 2002, a privilege
2tax is imposed on persons engaged in the business of
3conducting riverboat gambling operations, based on the
4adjusted gross receipts received by a licensed owner from
5gambling games authorized under this Act at the following
6rates:
7        15% of annual adjusted gross receipts up to and
8    including $25,000,000;
9        20% of annual adjusted gross receipts in excess of
10    $25,000,000 but not exceeding $50,000,000;
11        25% of annual adjusted gross receipts in excess of
12    $50,000,000 but not exceeding $75,000,000;
13        30% of annual adjusted gross receipts in excess of
14    $75,000,000 but not exceeding $100,000,000;
15        35% of annual adjusted gross receipts in excess of
16    $100,000,000.
17    (a-2) From July 1, 2002 until July 1, 2003, a privilege tax
18is imposed on persons engaged in the business of conducting
19riverboat gambling operations, other than licensed managers
20conducting riverboat gambling operations on behalf of the
21State, based on the adjusted gross receipts received by a
22licensed owner from gambling games authorized under this Act
23at the following rates:
24        15% of annual adjusted gross receipts up to and
25    including $25,000,000;
26        22.5% of annual adjusted gross receipts in excess of

 

 

HB3655- 982 -LRB102 16922 WGH 22334 b

1    $25,000,000 but not exceeding $50,000,000;
2        27.5% of annual adjusted gross receipts in excess of
3    $50,000,000 but not exceeding $75,000,000;
4        32.5% of annual adjusted gross receipts in excess of
5    $75,000,000 but not exceeding $100,000,000;
6        37.5% of annual adjusted gross receipts in excess of
7    $100,000,000 but not exceeding $150,000,000;
8        45% of annual adjusted gross receipts in excess of
9    $150,000,000 but not exceeding $200,000,000;
10        50% of annual adjusted gross receipts in excess of
11    $200,000,000.
12    (a-3) Beginning July 1, 2003, a privilege tax is imposed
13on persons engaged in the business of conducting riverboat
14gambling operations, other than licensed managers conducting
15riverboat gambling operations on behalf of the State, based on
16the adjusted gross receipts received by a licensed owner from
17gambling games authorized under this Act at the following
18rates:
19        15% of annual adjusted gross receipts up to and
20    including $25,000,000;
21        27.5% of annual adjusted gross receipts in excess of
22    $25,000,000 but not exceeding $37,500,000;
23        32.5% of annual adjusted gross receipts in excess of
24    $37,500,000 but not exceeding $50,000,000;
25        37.5% of annual adjusted gross receipts in excess of
26    $50,000,000 but not exceeding $75,000,000;

 

 

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1        45% of annual adjusted gross receipts in excess of
2    $75,000,000 but not exceeding $100,000,000;
3        50% of annual adjusted gross receipts in excess of
4    $100,000,000 but not exceeding $250,000,000;
5        70% of annual adjusted gross receipts in excess of
6    $250,000,000.
7    An amount equal to the amount of wagering taxes collected
8under this subsection (a-3) that are in addition to the amount
9of wagering taxes that would have been collected if the
10wagering tax rates under subsection (a-2) were in effect shall
11be paid into the Common School Fund.
12    The privilege tax imposed under this subsection (a-3)
13shall no longer be imposed beginning on the earlier of (i) July
141, 2005; (ii) the first date after June 20, 2003 that riverboat
15gambling operations are conducted pursuant to a dormant
16license; or (iii) the first day that riverboat gambling
17operations are conducted under the authority of an owners
18license that is in addition to the 10 owners licenses
19initially authorized under this Act. For the purposes of this
20subsection (a-3), the term "dormant license" means an owners
21license that is authorized by this Act under which no
22riverboat gambling operations are being conducted on June 20,
232003.
24    (a-4) Beginning on the first day on which the tax imposed
25under subsection (a-3) is no longer imposed and ending upon
26the imposition of the privilege tax under subsection (a-5) of

 

 

HB3655- 984 -LRB102 16922 WGH 22334 b

1this Section, a privilege tax is imposed on persons engaged in
2the business of conducting gambling operations, other than
3licensed managers conducting riverboat gambling operations on
4behalf of the State, based on the adjusted gross receipts
5received by a licensed owner from gambling games authorized
6under this Act at the following rates:
7        15% of annual adjusted gross receipts up to and
8    including $25,000,000;
9        22.5% of annual adjusted gross receipts in excess of
10    $25,000,000 but not exceeding $50,000,000;
11        27.5% of annual adjusted gross receipts in excess of
12    $50,000,000 but not exceeding $75,000,000;
13        32.5% of annual adjusted gross receipts in excess of
14    $75,000,000 but not exceeding $100,000,000;
15        37.5% of annual adjusted gross receipts in excess of
16    $100,000,000 but not exceeding $150,000,000;
17        45% of annual adjusted gross receipts in excess of
18    $150,000,000 but not exceeding $200,000,000;
19        50% of annual adjusted gross receipts in excess of
20    $200,000,000.
21    For the imposition of the privilege tax in this subsection
22(a-4), amounts paid pursuant to item (1) of subsection (b) of
23Section 56 of the Illinois Horse Racing Act of 1975 shall not
24be included in the determination of adjusted gross receipts.
25    (a-5)(1) Beginning on July 1, 2020, a privilege tax is
26imposed on persons engaged in the business of conducting

 

 

HB3655- 985 -LRB102 16922 WGH 22334 b

1gambling operations, other than the owners licensee under
2paragraph (1) of subsection (e-5) of Section 7 and licensed
3managers conducting riverboat gambling operations on behalf of
4the State, based on the adjusted gross receipts received by
5such licensee from the gambling games authorized under this
6Act. The privilege tax for all gambling games other than table
7games, including, but not limited to, slot machines, video
8game of chance gambling, and electronic gambling games shall
9be at the following rates:
10        15% of annual adjusted gross receipts up to and
11    including $25,000,000;
12        22.5% of annual adjusted gross receipts in excess of
13    $25,000,000 but not exceeding $50,000,000;
14        27.5% of annual adjusted gross receipts in excess of
15    $50,000,000 but not exceeding $75,000,000;
16        32.5% of annual adjusted gross receipts in excess of
17    $75,000,000 but not exceeding $100,000,000;
18        37.5% of annual adjusted gross receipts in excess of
19    $100,000,000 but not exceeding $150,000,000;
20        45% of annual adjusted gross receipts in excess of
21    $150,000,000 but not exceeding $200,000,000;
22        50% of annual adjusted gross receipts in excess of
23    $200,000,000.
24    The privilege tax for table games shall be at the
25following rates:
26        15% of annual adjusted gross receipts up to and

 

 

HB3655- 986 -LRB102 16922 WGH 22334 b

1    including $25,000,000;
2        20% of annual adjusted gross receipts in excess of
3    $25,000,000.
4    For the imposition of the privilege tax in this subsection
5(a-5), amounts paid pursuant to item (1) of subsection (b) of
6Section 56 of the Illinois Horse Racing Act of 1975 shall not
7be included in the determination of adjusted gross receipts.
8    (2) Beginning on the first day that an owners licensee
9under paragraph (1) of subsection (e-5) of Section 7 conducts
10gambling operations, either in a temporary facility or a
11permanent facility, a privilege tax is imposed on persons
12engaged in the business of conducting gambling operations
13under paragraph (1) of subsection (e-5) of Section 7, other
14than licensed managers conducting riverboat gambling
15operations on behalf of the State, based on the adjusted gross
16receipts received by such licensee from the gambling games
17authorized under this Act. The privilege tax for all gambling
18games other than table games, including, but not limited to,
19slot machines, video game of chance gambling, and electronic
20gambling games shall be at the following rates:
21        12% of annual adjusted gross receipts up to and
22    including $25,000,000 to the State and 10.5% of annual
23    adjusted gross receipts up to and including $25,000,000 to
24    the City of Chicago;
25        16% of annual adjusted gross receipts in excess of
26    $25,000,000 but not exceeding $50,000,000 to the State and

 

 

HB3655- 987 -LRB102 16922 WGH 22334 b

1    14% of annual adjusted gross receipts in excess of
2    $25,000,000 but not exceeding $50,000,000 to the City of
3    Chicago;
4        20.1% of annual adjusted gross receipts in excess of
5    $50,000,000 but not exceeding $75,000,000 to the State and
6    17.4% of annual adjusted gross receipts in excess of
7    $50,000,000 but not exceeding $75,000,000 to the City of
8    Chicago;
9        21.4% of annual adjusted gross receipts in excess of
10    $75,000,000 but not exceeding $100,000,000 to the State
11    and 18.6% of annual adjusted gross receipts in excess of
12    $75,000,000 but not exceeding $100,000,000 to the City of
13    Chicago;
14        22.7% of annual adjusted gross receipts in excess of
15    $100,000,000 but not exceeding $150,000,000 to the State
16    and 19.8% of annual adjusted gross receipts in excess of
17    $100,000,000 but not exceeding $150,000,000 to the City of
18    Chicago;
19        24.1% of annual adjusted gross receipts in excess of
20    $150,000,000 but not exceeding $225,000,000 to the State
21    and 20.9% of annual adjusted gross receipts in excess of
22    $150,000,000 but not exceeding $225,000,000 to the City of
23    Chicago;
24        26.8% of annual adjusted gross receipts in excess of
25    $225,000,000 but not exceeding $1,000,000,000 to the State
26    and 23.2% of annual adjusted gross receipts in excess of

 

 

HB3655- 988 -LRB102 16922 WGH 22334 b

1    $225,000,000 but not exceeding $1,000,000,000 to the City
2    of Chicago;
3        40% of annual adjusted gross receipts in excess of
4    $1,000,000,000 to the State and 34.7% of annual gross
5    receipts in excess of $1,000,000,000 to the City of
6    Chicago.
7    The privilege tax for table games shall be at the
8following rates:
9        8.1% of annual adjusted gross receipts up to and
10    including $25,000,000 to the State and 6.9% of annual
11    adjusted gross receipts up to and including $25,000,000 to
12    the City of Chicago;
13        10.7% of annual adjusted gross receipts in excess of
14    $25,000,000 but not exceeding $75,000,000 to the State and
15    9.3% of annual adjusted gross receipts in excess of
16    $25,000,000 but not exceeding $75,000,000 to the City of
17    Chicago;
18        11.2% of annual adjusted gross receipts in excess of
19    $75,000,000 but not exceeding $175,000,000 to the State
20    and 9.8% of annual adjusted gross receipts in excess of
21    $75,000,000 but not exceeding $175,000,000 to the City of
22    Chicago;
23        13.5% of annual adjusted gross receipts in excess of
24    $175,000,000 but not exceeding $225,000,000 to the State
25    and 11.5% of annual adjusted gross receipts in excess of
26    $175,000,000 but not exceeding $225,000,000 to the City of

 

 

HB3655- 989 -LRB102 16922 WGH 22334 b

1    Chicago;
2        15.1% of annual adjusted gross receipts in excess of
3    $225,000,000 but not exceeding $275,000,000 to the State
4    and 12.9% of annual adjusted gross receipts in excess of
5    $225,000,000 but not exceeding $275,000,000 to the City of
6    Chicago;
7        16.2% of annual adjusted gross receipts in excess of
8    $275,000,000 but not exceeding $375,000,000 to the State
9    and 13.8% of annual adjusted gross receipts in excess of
10    $275,000,000 but not exceeding $375,000,000 to the City of
11    Chicago;
12        18.9% of annual adjusted gross receipts in excess of
13    $375,000,000 to the State and 16.1% of annual gross
14    receipts in excess of $375,000,000 to the City of Chicago.
15    For the imposition of the privilege tax in this subsection
16(a-5), amounts paid pursuant to item (1) of subsection (b) of
17Section 56 of the Illinois Horse Racing Act of 1975 shall not
18be included in the determination of adjusted gross receipts.
19    Notwithstanding the provisions of this subsection (a-5),
20for the first 10 years that the privilege tax is imposed under
21this subsection (a-5), the privilege tax shall be imposed on
22the modified annual adjusted gross receipts of a riverboat or
23casino conducting gambling operations in the City of East St.
24Louis, unless:
25        (1) the riverboat or casino fails to employ at least
26    450 people;

 

 

HB3655- 990 -LRB102 16922 WGH 22334 b

1        (2) the riverboat or casino fails to maintain
2    operations in a manner consistent with this Act or is not a
3    viable riverboat or casino subject to the approval of the
4    Board; or
5        (3) the owners licensee is not an entity in which
6    employees participate in an employee stock ownership plan.
7    As used in this subsection (a-5), "modified annual
8adjusted gross receipts" means:
9        (A) for calendar year 2020, the annual adjusted gross
10    receipts for the current year minus the difference between
11    an amount equal to the average annual adjusted gross
12    receipts from a riverboat or casino conducting gambling
13    operations in the City of East St. Louis for 2014, 2015,
14    2016, 2017, and 2018 and the annual adjusted gross
15    receipts for 2018;
16        (B) for calendar year 2021, the annual adjusted gross
17    receipts for the current year minus the difference between
18    an amount equal to the average annual adjusted gross
19    receipts from a riverboat or casino conducting gambling
20    operations in the City of East St. Louis for 2014, 2015,
21    2016, 2017, and 2018 and the annual adjusted gross
22    receipts for 2019; and
23        (C) for calendar years 2022 through 2029, the annual
24    adjusted gross receipts for the current year minus the
25    difference between an amount equal to the average annual
26    adjusted gross receipts from a riverboat or casino

 

 

HB3655- 991 -LRB102 16922 WGH 22334 b

1    conducting gambling operations in the City of East St.
2    Louis for 3 years preceding the current year and the
3    annual adjusted gross receipts for the immediately
4    preceding year.
5    (a-6) From June 28, 2019 (the effective date of Public Act
6101-31) until June 30, 2023, an owners licensee that conducted
7gambling operations prior to January 1, 2011 shall receive a
8dollar-for-dollar credit against the tax imposed under this
9Section for any renovation or construction costs paid by the
10owners licensee, but in no event shall the credit exceed
11$2,000,000.
12    Additionally, from June 28, 2019 (the effective date of
13Public Act 101-31) until December 31, 2022, an owners licensee
14that (i) is located within 15 miles of the Missouri border, and
15(ii) has at least 3 riverboats, casinos, or their equivalent
16within a 45-mile radius, may be authorized to relocate to a new
17location with the approval of both the unit of local
18government designated as the home dock and the Board, so long
19as the new location is within the same unit of local government
20and no more than 3 miles away from its original location. Such
21owners licensee shall receive a credit against the tax imposed
22under this Section equal to 8% of the total project costs, as
23approved by the Board, for any renovation or construction
24costs paid by the owners licensee for the construction of the
25new facility, provided that the new facility is operational by
26July 1, 2022. In determining whether or not to approve a

 

 

HB3655- 992 -LRB102 16922 WGH 22334 b

1relocation, the Board must consider the extent to which the
2relocation will diminish the gaming revenues received by other
3Illinois gaming facilities.
4    (a-7) Beginning in the initial adjustment year and through
5the final adjustment year, if the total obligation imposed
6pursuant to either subsection (a-5) or (a-6) will result in an
7owners licensee receiving less after-tax adjusted gross
8receipts than it received in calendar year 2018, then the
9total amount of privilege taxes that the owners licensee is
10required to pay for that calendar year shall be reduced to the
11extent necessary so that the after-tax adjusted gross receipts
12in that calendar year equals the after-tax adjusted gross
13receipts in calendar year 2018, but the privilege tax
14reduction shall not exceed the annual adjustment cap. If
15pursuant to this subsection (a-7), the total obligation
16imposed pursuant to either subsection (a-5) or (a-6) shall be
17reduced, then the owners licensee shall not receive a refund
18from the State at the end of the subject calendar year but
19instead shall be able to apply that amount as a credit against
20any payments it owes to the State in the following calendar
21year to satisfy its total obligation under either subsection
22(a-5) or (a-6). The credit for the final adjustment year shall
23occur in the calendar year following the final adjustment
24year.
25    If an owners licensee that conducted gambling operations
26prior to January 1, 2019 expands its riverboat or casino,

 

 

HB3655- 993 -LRB102 16922 WGH 22334 b

1including, but not limited to, with respect to its gaming
2floor, additional non-gaming amenities such as restaurants,
3bars, and hotels and other additional facilities, and incurs
4construction and other costs related to such expansion from
5June 28, 2019 (the effective date of Public Act 101-31) until
6June 28, 2024 (the 5th anniversary of the effective date of
7Public Act 101-31), then for each $15,000,000 spent for any
8such construction or other costs related to expansion paid by
9the owners licensee, the final adjustment year shall be
10extended by one year and the annual adjustment cap shall
11increase by 0.2% of adjusted gross receipts during each
12calendar year until and including the final adjustment year.
13No further modifications to the final adjustment year or
14annual adjustment cap shall be made after $75,000,000 is
15incurred in construction or other costs related to expansion
16so that the final adjustment year shall not extend beyond the
179th calendar year after the initial adjustment year, not
18including the initial adjustment year, and the annual
19adjustment cap shall not exceed 4% of adjusted gross receipts
20in a particular calendar year. Construction and other costs
21related to expansion shall include all project related costs,
22including, but not limited to, all hard and soft costs,
23financing costs, on or off-site ground, road or utility work,
24cost of gaming equipment and all other personal property,
25initial fees assessed for each incremental gaming position,
26and the cost of incremental land acquired for such expansion.

 

 

HB3655- 994 -LRB102 16922 WGH 22334 b

1Soft costs shall include, but not be limited to, legal fees,
2architect, engineering and design costs, other consultant
3costs, insurance cost, permitting costs, and pre-opening costs
4related to the expansion, including, but not limited to, any
5of the following: marketing, real estate taxes, personnel,
6training, travel and out-of-pocket expenses, supply,
7inventory, and other costs, and any other project related soft
8costs.
9    To be eligible for the tax credits in subsection (a-6),
10all construction contracts shall include a requirement that
11the contractor enter into a project labor agreement with the
12building and construction trades council with geographic
13jurisdiction of the location of the proposed gaming facility.
14    Notwithstanding any other provision of this subsection
15(a-7), this subsection (a-7) does not apply to an owners
16licensee unless such owners licensee spends at least
17$15,000,000 on construction and other costs related to its
18expansion, excluding the initial fees assessed for each
19incremental gaming position.
20    This subsection (a-7) does not apply to owners licensees
21authorized pursuant to subsection (e-5) of Section 7 of this
22Act.
23    For purposes of this subsection (a-7):
24    "Building and construction trades council" means any
25organization representing multiple construction entities that
26are monitoring or attentive to compliance with public or

 

 

HB3655- 995 -LRB102 16922 WGH 22334 b

1workers' safety laws, wage and hour requirements, or other
2statutory requirements or that are making or maintaining
3collective bargaining agreements.
4    "Initial adjustment year" means the year commencing on
5January 1 of the calendar year immediately following the
6earlier of the following:
7        (1) the commencement of gambling operations, either in
8    a temporary or permanent facility, with respect to the
9    owners license authorized under paragraph (1) of
10    subsection (e-5) of Section 7 of this Act; or
11        (2) June 28, 2021 (24 months after the effective date
12    of Public Act 101-31);
13provided the initial adjustment year shall not commence
14earlier than June 28, 2020 (12 months after the effective date
15of Public Act 101-31).
16    "Final adjustment year" means the 2nd calendar year after
17the initial adjustment year, not including the initial
18adjustment year, and as may be extended further as described
19in this subsection (a-7).
20    "Annual adjustment cap" means 3% of adjusted gross
21receipts in a particular calendar year, and as may be
22increased further as otherwise described in this subsection
23(a-7).
24    (a-8) Riverboat gambling operations conducted by a
25licensed manager on behalf of the State are not subject to the
26tax imposed under this Section.

 

 

HB3655- 996 -LRB102 16922 WGH 22334 b

1    (a-9) Beginning on January 1, 2020, the calculation of
2gross receipts or adjusted gross receipts, for the purposes of
3this Section, for a riverboat, a casino, or an organization
4gaming facility shall not include the dollar amount of
5non-cashable vouchers, coupons, and electronic promotions
6redeemed by wagerers upon the riverboat, in the casino, or in
7the organization gaming facility up to and including an amount
8not to exceed 20% of a riverboat's, a casino's, or an
9organization gaming facility's adjusted gross receipts.
10    The Illinois Gaming Board shall submit to the General
11Assembly a comprehensive report no later than March 31, 2023
12detailing, at a minimum, the effect of removing non-cashable
13vouchers, coupons, and electronic promotions from this
14calculation on net gaming revenues to the State in calendar
15years 2020 through 2022, the increase or reduction in wagerers
16as a result of removing non-cashable vouchers, coupons, and
17electronic promotions from this calculation, the effect of the
18tax rates in subsection (a-5) on net gaming revenues to this
19State, and proposed modifications to the calculation.
20    (a-10) The taxes imposed by this Section shall be paid by
21the licensed owner or the organization gaming licensee to the
22Board not later than 5:00 o'clock p.m. of the day after the day
23when the wagers were made.
24    (a-15) If the privilege tax imposed under subsection (a-3)
25is no longer imposed pursuant to item (i) of the last paragraph
26of subsection (a-3), then by June 15 of each year, each owners

 

 

HB3655- 997 -LRB102 16922 WGH 22334 b

1licensee, other than an owners licensee that admitted
21,000,000 persons or fewer in calendar year 2004, must, in
3addition to the payment of all amounts otherwise due under
4this Section, pay to the Board a reconciliation payment in the
5amount, if any, by which the licensed owner's base amount
6exceeds the amount of net privilege tax paid by the licensed
7owner to the Board in the then current State fiscal year. A
8licensed owner's net privilege tax obligation due for the
9balance of the State fiscal year shall be reduced up to the
10total of the amount paid by the licensed owner in its June 15
11reconciliation payment. The obligation imposed by this
12subsection (a-15) is binding on any person, firm, corporation,
13or other entity that acquires an ownership interest in any
14such owners license. The obligation imposed under this
15subsection (a-15) terminates on the earliest of: (i) July 1,
162007, (ii) the first day after the effective date of this
17amendatory Act of the 94th General Assembly that riverboat
18gambling operations are conducted pursuant to a dormant
19license, (iii) the first day that riverboat gambling
20operations are conducted under the authority of an owners
21license that is in addition to the 10 owners licenses
22initially authorized under this Act, or (iv) the first day
23that a licensee under the Illinois Horse Racing Act of 1975
24conducts gaming operations with slot machines or other
25electronic gaming devices. The Board must reduce the
26obligation imposed under this subsection (a-15) by an amount

 

 

HB3655- 998 -LRB102 16922 WGH 22334 b

1the Board deems reasonable for any of the following reasons:
2(A) an act or acts of God, (B) an act of bioterrorism or
3terrorism or a bioterrorism or terrorism threat that was
4investigated by a law enforcement agency, or (C) a condition
5beyond the control of the owners licensee that does not result
6from any act or omission by the owners licensee or any of its
7agents and that poses a hazardous threat to the health and
8safety of patrons. If an owners licensee pays an amount in
9excess of its liability under this Section, the Board shall
10apply the overpayment to future payments required under this
11Section.
12    For purposes of this subsection (a-15):
13    "Act of God" means an incident caused by the operation of
14an extraordinary force that cannot be foreseen, that cannot be
15avoided by the exercise of due care, and for which no person
16can be held liable.
17    "Base amount" means the following:
18        For a riverboat in Alton, $31,000,000.
19        For a riverboat in East Peoria, $43,000,000.
20        For the Empress riverboat in Joliet, $86,000,000.
21        For a riverboat in Metropolis, $45,000,000.
22        For the Harrah's riverboat in Joliet, $114,000,000.
23        For a riverboat in Aurora, $86,000,000.
24        For a riverboat in East St. Louis, $48,500,000.
25        For a riverboat in Elgin, $198,000,000.
26    "Dormant license" has the meaning ascribed to it in

 

 

HB3655- 999 -LRB102 16922 WGH 22334 b

1subsection (a-3).
2    "Net privilege tax" means all privilege taxes paid by a
3licensed owner to the Board under this Section, less all
4payments made from the State Gaming Fund pursuant to
5subsection (b) of this Section.
6    The changes made to this subsection (a-15) by Public Act
794-839 are intended to restate and clarify the intent of
8Public Act 94-673 with respect to the amount of the payments
9required to be made under this subsection by an owners
10licensee to the Board.
11    (b) From the tax revenue from riverboat or casino gambling
12deposited in the State Gaming Fund under this Section, an
13amount equal to 5% of adjusted gross receipts generated by a
14riverboat or a casino, other than a riverboat or casino
15designated in paragraph (1), (3), or (4) of subsection (e-5)
16of Section 7, shall be paid monthly, subject to appropriation
17by the General Assembly, to the unit of local government in
18which the casino is located or that is designated as the home
19dock of the riverboat. Notwithstanding anything to the
20contrary, beginning on the first day that an owners licensee
21under paragraph (1), (2), (3), (4), (5), or (6) of subsection
22(e-5) of Section 7 conducts gambling operations, either in a
23temporary facility or a permanent facility, and for 2 years
24thereafter, a unit of local government designated as the home
25dock of a riverboat whose license was issued before January 1,
262019, other than a riverboat conducting gambling operations in

 

 

HB3655- 1000 -LRB102 16922 WGH 22334 b

1the City of East St. Louis, shall not receive less under this
2subsection (b) than the amount the unit of local government
3received under this subsection (b) in calendar year 2018.
4Notwithstanding anything to the contrary and because the City
5of East St. Louis is a financially distressed city, beginning
6on the first day that an owners licensee under paragraph (1),
7(2), (3), (4), (5), or (6) of subsection (e-5) of Section 7
8conducts gambling operations, either in a temporary facility
9or a permanent facility, and for 10 years thereafter, a unit of
10local government designated as the home dock of a riverboat
11conducting gambling operations in the City of East St. Louis
12shall not receive less under this subsection (b) than the
13amount the unit of local government received under this
14subsection (b) in calendar year 2018.
15    From the tax revenue deposited in the State Gaming Fund
16pursuant to riverboat or casino gambling operations conducted
17by a licensed manager on behalf of the State, an amount equal
18to 5% of adjusted gross receipts generated pursuant to those
19riverboat or casino gambling operations shall be paid monthly,
20subject to appropriation by the General Assembly, to the unit
21of local government that is designated as the home dock of the
22riverboat upon which those riverboat gambling operations are
23conducted or in which the casino is located.
24    From the tax revenue from riverboat or casino gambling
25deposited in the State Gaming Fund under this Section, an
26amount equal to 5% of the adjusted gross receipts generated by

 

 

HB3655- 1001 -LRB102 16922 WGH 22334 b

1a riverboat designated in paragraph (3) of subsection (e-5) of
2Section 7 shall be divided and remitted monthly, subject to
3appropriation, as follows: 70% to Waukegan, 10% to Park City,
415% to North Chicago, and 5% to Lake County.
5    From the tax revenue from riverboat or casino gambling
6deposited in the State Gaming Fund under this Section, an
7amount equal to 5% of the adjusted gross receipts generated by
8a riverboat designated in paragraph (4) of subsection (e-5) of
9Section 7 shall be remitted monthly, subject to appropriation,
10as follows: 70% to the City of Rockford, 5% to the City of
11Loves Park, 5% to the Village of Machesney, and 20% to
12Winnebago County.
13    From the tax revenue from riverboat or casino gambling
14deposited in the State Gaming Fund under this Section, an
15amount equal to 5% of the adjusted gross receipts generated by
16a riverboat designated in paragraph (5) of subsection (e-5) of
17Section 7 shall be remitted monthly, subject to appropriation,
18as follows: 2% to the unit of local government in which the
19riverboat or casino is located, and 3% shall be distributed:
20(A) in accordance with a regional capital development plan
21entered into by the following communities: Village of Beecher,
22City of Blue Island, Village of Burnham, City of Calumet City,
23Village of Calumet Park, City of Chicago Heights, City of
24Country Club Hills, Village of Crestwood, Village of Crete,
25Village of Dixmoor, Village of Dolton, Village of East Hazel
26Crest, Village of Flossmoor, Village of Ford Heights, Village

 

 

HB3655- 1002 -LRB102 16922 WGH 22334 b

1of Glenwood, City of Harvey, Village of Hazel Crest, Village
2of Homewood, Village of Lansing, Village of Lynwood, City of
3Markham, Village of Matteson, Village of Midlothian, Village
4of Monee, City of Oak Forest, Village of Olympia Fields,
5Village of Orland Hills, Village of Orland Park, City of Palos
6Heights, Village of Park Forest, Village of Phoenix, Village
7of Posen, Village of Richton Park, Village of Riverdale,
8Village of Robbins, Village of Sauk Village, Village of South
9Chicago Heights, Village of South Holland, Village of Steger,
10Village of Thornton, Village of Tinley Park, Village of
11University Park and Village of Worth; or (B) if no regional
12capital development plan exists, equally among the communities
13listed in item (A) to be used for capital expenditures or
14public pension payments, or both.
15    Units of local government may refund any portion of the
16payment that they receive pursuant to this subsection (b) to
17the riverboat or casino.
18    (b-4) Beginning on the first day the licensee under
19paragraph (5) of subsection (e-5) of Section 7 conducts
20gambling operations, either in a temporary facility or a
21permanent facility, and ending on July 31, 2042, from the tax
22revenue deposited in the State Gaming Fund under this Section,
23$5,000,000 shall be paid annually, subject to appropriation,
24to the host municipality of that owners licensee of a license
25issued or re-issued pursuant to Section 7.1 of this Act before
26January 1, 2012. Payments received by the host municipality

 

 

HB3655- 1003 -LRB102 16922 WGH 22334 b

1pursuant to this subsection (b-4) may not be shared with any
2other unit of local government.
3    (b-5) Beginning on June 28, 2019 (the effective date of
4Public Act 101-31), from the tax revenue deposited in the
5State Gaming Fund under this Section, an amount equal to 3% of
6adjusted gross receipts generated by each organization gaming
7facility located outside Madison County shall be paid monthly,
8subject to appropriation by the General Assembly, to a
9municipality other than the Village of Stickney in which each
10organization gaming facility is located or, if the
11organization gaming facility is not located within a
12municipality, to the county in which the organization gaming
13facility is located, except as otherwise provided in this
14Section. From the tax revenue deposited in the State Gaming
15Fund under this Section, an amount equal to 3% of adjusted
16gross receipts generated by an organization gaming facility
17located in the Village of Stickney shall be paid monthly,
18subject to appropriation by the General Assembly, as follows:
1925% to the Village of Stickney, 5% to the City of Berwyn, 50%
20to the Town of Cicero, and 20% to the Stickney Public Health
21District.
22    From the tax revenue deposited in the State Gaming Fund
23under this Section, an amount equal to 5% of adjusted gross
24receipts generated by an organization gaming facility located
25in the City of Collinsville shall be paid monthly, subject to
26appropriation by the General Assembly, as follows: 30% to the

 

 

HB3655- 1004 -LRB102 16922 WGH 22334 b

1City of Alton, 30% to the City of East St. Louis, and 40% to
2the City of Collinsville.
3    Municipalities and counties may refund any portion of the
4payment that they receive pursuant to this subsection (b-5) to
5the organization gaming facility.
6    (b-6) Beginning on June 28, 2019 (the effective date of
7Public Act 101-31), from the tax revenue deposited in the
8State Gaming Fund under this Section, an amount equal to 2% of
9adjusted gross receipts generated by an organization gaming
10facility located outside Madison County shall be paid monthly,
11subject to appropriation by the General Assembly, to the
12county in which the organization gaming facility is located
13for the purposes of its criminal justice system or health care
14system.
15    Counties may refund any portion of the payment that they
16receive pursuant to this subsection (b-6) to the organization
17gaming facility.
18    (b-7) From the tax revenue from the organization gaming
19licensee located in one of the following townships of Cook
20County: Bloom, Bremen, Calumet, Orland, Rich, Thornton, or
21Worth, an amount equal to 5% of the adjusted gross receipts
22generated by that organization gaming licensee shall be
23remitted monthly, subject to appropriation, as follows: 2% to
24the unit of local government in which the organization gaming
25licensee is located, and 3% shall be distributed: (A) in
26accordance with a regional capital development plan entered

 

 

HB3655- 1005 -LRB102 16922 WGH 22334 b

1into by the following communities: Village of Beecher, City of
2Blue Island, Village of Burnham, City of Calumet City, Village
3of Calumet Park, City of Chicago Heights, City of Country Club
4Hills, Village of Crestwood, Village of Crete, Village of
5Dixmoor, Village of Dolton, Village of East Hazel Crest,
6Village of Flossmoor, Village of Ford Heights, Village of
7Glenwood, City of Harvey, Village of Hazel Crest, Village of
8Homewood, Village of Lansing, Village of Lynwood, City of
9Markham, Village of Matteson, Village of Midlothian, Village
10of Monee, City of Oak Forest, Village of Olympia Fields,
11Village of Orland Hills, Village of Orland Park, City of Palos
12Heights, Village of Park Forest, Village of Phoenix, Village
13of Posen, Village of Richton Park, Village of Riverdale,
14Village of Robbins, Village of Sauk Village, Village of South
15Chicago Heights, Village of South Holland, Village of Steger,
16Village of Thornton, Village of Tinley Park, Village of
17University Park, and Village of Worth; or (B) if no regional
18capital development plan exists, equally among the communities
19listed in item (A) to be used for capital expenditures or
20public pension payments, or both.
21    (b-8) In lieu of the payments under subsection (b) of this
22Section, from the tax revenue deposited in the State Gaming
23Fund pursuant to riverboat or casino gambling operations
24conducted by an owners licensee under paragraph (1) of
25subsection (e-5) of Section 7, an amount equal to the tax
26revenue generated from the privilege tax imposed by paragraph

 

 

HB3655- 1006 -LRB102 16922 WGH 22334 b

1(2) of subsection (a-5) that is to be paid to the City of
2Chicago shall be paid monthly, subject to appropriation by the
3General Assembly, as follows: (1) an amount equal to 0.5% of
4the annual adjusted gross receipts generated by the owners
5licensee under paragraph (1) of subsection (e-5) of Section 7
6to the home rule county in which the owners licensee is located
7for the purpose of enhancing the county's criminal justice
8system; and (2) the balance to the City of Chicago and shall be
9expended or obligated by the City of Chicago for pension
10payments in accordance with Public Act 99-506.
11    (c) Appropriations, as approved by the General Assembly,
12may be made from the State Gaming Fund to the Board (i) for the
13administration and enforcement of this Act and the Video
14Gaming Act, (ii) for distribution to the Illinois Department
15of State Police and to the Department of Revenue for the
16enforcement of this Act and the Video Gaming Act, and (iii) to
17the Department of Human Services for the administration of
18programs to treat problem gambling, including problem gambling
19from sports wagering. The Board's annual appropriations
20request must separately state its funding needs for the
21regulation of gaming authorized under Section 7.7, riverboat
22gaming, casino gaming, video gaming, and sports wagering.
23    (c-2) An amount equal to 2% of the adjusted gross receipts
24generated by an organization gaming facility located within a
25home rule county with a population of over 3,000,000
26inhabitants shall be paid, subject to appropriation from the

 

 

HB3655- 1007 -LRB102 16922 WGH 22334 b

1General Assembly, from the State Gaming Fund to the home rule
2county in which the organization gaming licensee is located
3for the purpose of enhancing the county's criminal justice
4system.
5    (c-3) Appropriations, as approved by the General Assembly,
6may be made from the tax revenue deposited into the State
7Gaming Fund from organization gaming licensees pursuant to
8this Section for the administration and enforcement of this
9Act.
10    (c-4) After payments required under subsections (b),
11(b-5), (b-6), (b-7), (c), (c-2), and (c-3) have been made from
12the tax revenue from organization gaming licensees deposited
13into the State Gaming Fund under this Section, all remaining
14amounts from organization gaming licensees shall be
15transferred into the Capital Projects Fund.
16    (c-5) (Blank).
17    (c-10) Each year the General Assembly shall appropriate
18from the General Revenue Fund to the Education Assistance Fund
19an amount equal to the amount paid into the Horse Racing Equity
20Fund pursuant to subsection (c-5) in the prior calendar year.
21    (c-15) After the payments required under subsections (b),
22(c), and (c-5) have been made, an amount equal to 2% of the
23adjusted gross receipts of (1) an owners licensee that
24relocates pursuant to Section 11.2, (2) an owners licensee
25conducting riverboat gambling operations pursuant to an owners
26license that is initially issued after June 25, 1999, or (3)

 

 

HB3655- 1008 -LRB102 16922 WGH 22334 b

1the first riverboat gambling operations conducted by a
2licensed manager on behalf of the State under Section 7.3,
3whichever comes first, shall be paid, subject to appropriation
4from the General Assembly, from the State Gaming Fund to each
5home rule county with a population of over 3,000,000
6inhabitants for the purpose of enhancing the county's criminal
7justice system.
8    (c-20) Each year the General Assembly shall appropriate
9from the General Revenue Fund to the Education Assistance Fund
10an amount equal to the amount paid to each home rule county
11with a population of over 3,000,000 inhabitants pursuant to
12subsection (c-15) in the prior calendar year.
13    (c-21) After the payments required under subsections (b),
14(b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), and (c-4) have
15been made, an amount equal to 0.5% of the adjusted gross
16receipts generated by the owners licensee under paragraph (1)
17of subsection (e-5) of Section 7 shall be paid monthly,
18subject to appropriation from the General Assembly, from the
19State Gaming Fund to the home rule county in which the owners
20licensee is located for the purpose of enhancing the county's
21criminal justice system.
22    (c-22) After the payments required under subsections (b),
23(b-4), (b-5), (b-6), (b-7), (b-8), (c), (c-3), (c-4), and
24(c-21) have been made, an amount equal to 2% of the adjusted
25gross receipts generated by the owners licensee under
26paragraph (5) of subsection (e-5) of Section 7 shall be paid,

 

 

HB3655- 1009 -LRB102 16922 WGH 22334 b

1subject to appropriation from the General Assembly, from the
2State Gaming Fund to the home rule county in which the owners
3licensee is located for the purpose of enhancing the county's
4criminal justice system.
5    (c-25) From July 1, 2013 and each July 1 thereafter
6through July 1, 2019, $1,600,000 shall be transferred from the
7State Gaming Fund to the Chicago State University Education
8Improvement Fund.
9    On July 1, 2020 and each July 1 thereafter, $3,000,000
10shall be transferred from the State Gaming Fund to the Chicago
11State University Education Improvement Fund.
12    (c-30) On July 1, 2013 or as soon as possible thereafter,
13$92,000,000 shall be transferred from the State Gaming Fund to
14the School Infrastructure Fund and $23,000,000 shall be
15transferred from the State Gaming Fund to the Horse Racing
16Equity Fund.
17    (c-35) Beginning on July 1, 2013, in addition to any
18amount transferred under subsection (c-30) of this Section,
19$5,530,000 shall be transferred monthly from the State Gaming
20Fund to the School Infrastructure Fund.
21    (d) From time to time, the Board shall transfer the
22remainder of the funds generated by this Act into the
23Education Assistance Fund, created by Public Act 86-0018, of
24the State of Illinois.
25    (e) Nothing in this Act shall prohibit the unit of local
26government designated as the home dock of the riverboat from

 

 

HB3655- 1010 -LRB102 16922 WGH 22334 b

1entering into agreements with other units of local government
2in this State or in other states to share its portion of the
3tax revenue.
4    (f) To the extent practicable, the Board shall administer
5and collect the wagering taxes imposed by this Section in a
6manner consistent with the provisions of Sections 4, 5, 5a,
75b, 5c, 5d, 5e, 5f, 5g, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, and 10 of
8the Retailers' Occupation Tax Act and Section 3-7 of the
9Uniform Penalty and Interest Act.
10(Source: P.A. 101-31, Article 25, Section 25-910, eff.
116-28-19; 101-31, Article 35, Section 35-55, eff. 6-28-19;
12101-648, eff. 6-30-20.)
 
13    (230 ILCS 10/22)  (from Ch. 120, par. 2422)
14    Sec. 22. Criminal history record information. Whenever the
15Board is authorized or required by law to consider some aspect
16of criminal history record information for the purpose of
17carrying out its statutory powers and responsibilities, the
18Board shall, in the form and manner required by the Illinois
19Department of State Police and the Federal Bureau of
20Investigation, cause to be conducted a criminal history record
21investigation to obtain any information currently or
22thereafter contained in the files of the Illinois Department
23of State Police or the Federal Bureau of Investigation,
24including, but not limited to, civil, criminal, and latent
25fingerprint databases. Each applicant for occupational

 

 

HB3655- 1011 -LRB102 16922 WGH 22334 b

1licensing under Section 9 or key person as defined by the Board
2in administrative rules shall submit his or her fingerprints
3to the Illinois Department of State Police in the form and
4manner prescribed by the Illinois Department of State Police.
5These fingerprints shall be checked against the fingerprint
6records now and hereafter filed in the Illinois Department of
7State Police and Federal Bureau of Investigation criminal
8history records databases, including, but not limited to,
9civil, criminal, and latent fingerprint databases. The
10Illinois Department of State Police shall charge a fee for
11conducting the criminal history records check, which shall be
12deposited in the State Police Services Fund and shall not
13exceed the actual cost of the records check. The Illinois
14Department of State Police shall provide, on the Board's
15request, information concerning any criminal charges, and
16their disposition, currently or thereafter filed against any
17applicant, key person, or holder of any license or for
18determinations of suitability. Information obtained as a
19result of an investigation under this Section shall be used in
20determining eligibility for any license. Upon request and
21payment of fees in conformance with the requirements of
22Section 2605-400 of the Illinois Department of State Police
23Law (20 ILCS 2605/2605-400), the Illinois Department of State
24Police is authorized to furnish, pursuant to positive
25identification, such information contained in State files as
26is necessary to fulfill the request.

 

 

HB3655- 1012 -LRB102 16922 WGH 22334 b

1(Source: P.A. 101-597, eff. 12-6-19.)
 
2    Section 705. The Illinois Pull Tabs and Jar Games Act is
3amended by changing Sections 2.1 and 5 as follows:
 
4    (230 ILCS 20/2.1)
5    Sec. 2.1. Ineligibility for a license. The following are
6ineligible for any license under this Act:
7        (1) Any person convicted of any felony within the last
8    5 years where such conviction will impair the person's
9    ability to engage in the position for which a license is
10    sought.
11        (2) Any person convicted of a violation of Article 28
12    of the Criminal Code of 1961 or the Criminal Code of 2012
13    who has not been sufficiently rehabilitated following the
14    conviction.
15        (3) Any person who has had a bingo, pull tabs and jar
16    games, or charitable games license revoked by the
17    Department.
18        (4) Any person who is or has been a professional
19    gambler.
20        (5) Any person found gambling in a manner not
21    authorized by the Illinois Pull Tabs and Jar Games Act,
22    the Bingo License and Tax Act, or the Charitable Games
23    Act, participating in such gambling, or knowingly
24    permitting such gambling on premises where pull tabs and

 

 

HB3655- 1013 -LRB102 16922 WGH 22334 b

1    jar games are authorized to be conducted.
2        (6) Any firm or corporation in which a person defined
3    in (1), (2), (3), (4), or (5) has any proprietary,
4    equitable, or credit interest or in which such person is
5    active or employed.
6        (7) Any organization in which a person defined in (1),
7    (2), (3), (4), or (5) is an officer, director, or
8    employee, whether compensated or not.
9        (8) Any organization in which a person defined in (1),
10    (2), (3), (4), or (5) is to participate in the management
11    or operation of pull tabs and jar games.
12    The Illinois Department of State Police shall provide the
13criminal background of any supplier as requested by the
14Department of Revenue.
15(Source: P.A. 100-286, eff. 1-1-18.)
 
16    (230 ILCS 20/5)  (from Ch. 120, par. 1055)
17    Sec. 5. Payments; returns. There shall be paid to the
18Department of Revenue 5% of the gross proceeds of any pull tabs
19and jar games conducted under this Act. Such payments shall be
20made 4 times per year, between the first and the 20th day of
21April, July, October and January. Accompanying each payment
22shall be a return, on forms prescribed by the Department of
23Revenue. Failure to submit either the payment or the return
24within the specified time shall result in suspension or
25revocation of the license. Tax returns filed pursuant to this

 

 

HB3655- 1014 -LRB102 16922 WGH 22334 b

1Act shall not be confidential and shall be available for
2public inspection. All payments made to the Department of
3Revenue under this Act shall be deposited as follows:
4        (a) 50% shall be deposited in the Common School Fund;
5    and
6        (b) 50% shall be deposited in the Illinois Gaming Law
7    Enforcement Fund. Of the monies deposited in the Illinois
8    Gaming Law Enforcement Fund under this Section, the
9    General Assembly shall appropriate two-thirds to the
10    Department of Revenue, Illinois Department of State Police
11    and the Office of the Attorney General for State law
12    enforcement purposes, and one-third shall be appropriated
13    to the Department of Revenue for the purpose of
14    distribution in the form of grants to counties or
15    municipalities for law enforcement purposes. The amounts
16    of grants to counties or municipalities shall bear the
17    same ratio as the number of licenses issued in counties or
18    municipalities bears to the total number of licenses
19    issued in the State. In computing the number of licenses
20    issued in a county, licenses issued for locations within a
21    municipality's boundaries shall be excluded.
22    The provisions of Sections 4, 5, 5a, 5b, 5c, 5d, 5e, 5f,
235g, 5h, 5i, 5j, 6, 6a, 6b, 6c, 8, 9, 10, 11 and 12 of the
24Retailers' Occupation Tax Act, and Section 3-7 of the Uniform
25Penalty and Interest Act, which are not inconsistent with this
26Act shall apply, as far as practicable, to the subject matter

 

 

HB3655- 1015 -LRB102 16922 WGH 22334 b

1of this Act to the same extent as if such provisions were
2included in this Act. For the purposes of this Act, references
3in such incorporated Sections of the Retailers' Occupation Tax
4Act to retailers, sellers or persons engaged in the business
5of selling tangible personal property means persons engaged in
6conducting pull tabs and jar games and references in such
7incorporated Sections of the Retailers' Occupation Tax Act to
8sales of tangible personal property mean the conducting of
9pull tabs and jar games and the making of charges for
10participating in such drawings.
11    If any payment provided for in this Section exceeds the
12taxpayer's liabilities under this Act, as shown on an original
13return, the taxpayer may credit such excess payment against
14liability subsequently to be remitted to the Department under
15this Act, in accordance with reasonable rules adopted by the
16Department.
17(Source: P.A. 100-1171, eff. 1-4-19.)
 
18    Section 710. The Bingo License and Tax Act is amended by
19changing Section 1.2 as follows:
 
20    (230 ILCS 25/1.2)
21    Sec. 1.2. Ineligibility for licensure. The following are
22ineligible for any license under this Act:
23        (1) Any person convicted of any felony within the last
24    5 years where such conviction will impair the person's

 

 

HB3655- 1016 -LRB102 16922 WGH 22334 b

1    ability to engage in the position for which a license is
2    sought.
3        (2) Any person convicted of a violation of Article 28
4    of the Criminal Code of 1961 or the Criminal Code of 2012
5    who has not been sufficiently rehabilitated following the
6    conviction.
7        (3) Any person who has had a bingo, pull tabs and jar
8    games, or charitable games license revoked by the
9    Department.
10        (4) Any person who is or has been a professional
11    gambler.
12        (5) Any person found gambling in a manner not
13    authorized by the Illinois Pull Tabs and Jar Games Act,
14    Bingo License and Tax Act, or the Charitable Games Act,
15    participating in such gambling, or knowingly permitting
16    such gambling on premises where a bingo event is
17    authorized to be conducted or has been conducted.
18        (6) Any organization in which a person defined in (1),
19    (2), (3), (4), or (5) has a proprietary, equitable, or
20    credit interest, or in which such person is active or
21    employed.
22        (7) Any organization in which a person defined in (1),
23    (2), (3), (4), or (5) is an officer, director, or
24    employee, whether compensated or not.
25        (8) Any organization in which a person defined in (1),
26    (2), (3), (4), or (5) is to participate in the management

 

 

HB3655- 1017 -LRB102 16922 WGH 22334 b

1    or operation of a bingo game.
2    The Illinois Department of State Police shall provide the
3criminal background of any person requested by the Department
4of Revenue.
5(Source: P.A. 100-286, eff. 1-1-18.)
 
6    Section 715. The Charitable Games Act is amended by
7changing Sections 7 and 14 as follows:
 
8    (230 ILCS 30/7)  (from Ch. 120, par. 1127)
9    Sec. 7. Ineligible persons. The following are ineligible
10for any license under this Act:
11        (a) any person convicted of any felony within the last
12    5 years where such conviction will impair the person's
13    ability to engage in the position for which a license is
14    sought;
15        (b) any person convicted of a violation of Article 28
16    of the Criminal Code of 1961 or the Criminal Code of 2012
17    who has not been sufficiently rehabilitated following the
18    conviction;
19        (c) any person who has had a bingo, pull tabs and jar
20    games, or charitable games license revoked by the
21    Department;
22        (d) any person who is or has been a professional
23    gambler;
24        (d-1) any person found gambling in a manner not

 

 

HB3655- 1018 -LRB102 16922 WGH 22334 b

1    authorized by this Act, the Illinois Pull Tabs and Jar
2    Games Act, or the Bingo License and Tax Act participating
3    in such gambling, or knowingly permitting such gambling on
4    premises where an authorized charitable games event is
5    authorized to be conducted or has been conducted;
6        (e) any organization in which a person defined in (a),
7    (b), (c), (d), or (d-1) has a proprietary, equitable, or
8    credit interest, or in which the person is active or
9    employed;
10        (f) any organization in which a person defined in (a),
11    (b), (c), (d), or (d-1) is an officer, director, or
12    employee, whether compensated or not;
13        (g) any organization in which a person defined in (a),
14    (b), (c), (d), or (d-1) is to participate in the
15    management or operation of charitable games.
16    The Illinois Department of State Police shall provide the
17criminal background of any person requested by the Department
18of Revenue.
19(Source: P.A. 100-286, eff. 1-1-18.)
 
20    (230 ILCS 30/14)  (from Ch. 120, par. 1134)
21    Sec. 14. (a) There is hereby created the Illinois Gaming
22Law Enforcement Fund, a special fund in the State Treasury.
23    (b) The General Assembly shall appropriate two-thirds of
24the monies in such fund to the Department of Revenue, Illinois
25Department of State Police and the Office of the Attorney

 

 

HB3655- 1019 -LRB102 16922 WGH 22334 b

1General for State law enforcement purposes. The remaining
2one-third of the monies in such fund shall be appropriated to
3the Department of Revenue for the purpose of distribution in
4the form of grants to counties or municipalities for law
5enforcement purposes.
6    The amount of a grant to counties or municipalities shall
7bear the same ratio to the total amount of grants made as the
8number of licenses issued in counties or municipalities bears
9to the total number of licenses issued in the State. In
10computing the number of licenses issued in a county, licenses
11issued for locations within a municipality's boundaries shall
12be excluded.
13    (c) (Blank).
14(Source: P.A. 90-372, eff. 7-1-98.)
 
15    Section 720. The Video Gaming Act is amended by changing
16Section 45 as follows:
 
17    (230 ILCS 40/45)
18    Sec. 45. Issuance of license.
19    (a) The burden is upon each applicant to demonstrate his
20suitability for licensure. Each video gaming terminal
21manufacturer, distributor, supplier, operator, handler,
22licensed establishment, licensed truck stop establishment,
23licensed large truck stop establishment, licensed fraternal
24establishment, and licensed veterans establishment shall be

 

 

HB3655- 1020 -LRB102 16922 WGH 22334 b

1licensed by the Board. The Board may issue or deny a license
2under this Act to any person pursuant to the same criteria set
3forth in Section 9 of the Illinois Gambling Act.
4    (a-5) The Board shall not grant a license to a person who
5has facilitated, enabled, or participated in the use of
6coin-operated devices for gambling purposes or who is under
7the significant influence or control of such a person. For the
8purposes of this Act, "facilitated, enabled, or participated
9in the use of coin-operated amusement devices for gambling
10purposes" means that the person has been convicted of any
11violation of Article 28 of the Criminal Code of 1961 or the
12Criminal Code of 2012. If there is pending legal action
13against a person for any such violation, then the Board shall
14delay the licensure of that person until the legal action is
15resolved.
16    (b) Each person seeking and possessing a license as a
17video gaming terminal manufacturer, distributor, supplier,
18operator, handler, licensed establishment, licensed truck stop
19establishment, licensed large truck stop establishment,
20licensed fraternal establishment, or licensed veterans
21establishment shall submit to a background investigation
22conducted by the Board with the assistance of the Illinois
23State Police or other law enforcement. To the extent that the
24corporate structure of the applicant allows, the background
25investigation shall include any or all of the following as the
26Board deems appropriate or as provided by rule for each

 

 

HB3655- 1021 -LRB102 16922 WGH 22334 b

1category of licensure: (i) each beneficiary of a trust, (ii)
2each partner of a partnership, (iii) each member of a limited
3liability company, (iv) each director and officer of a
4publicly or non-publicly held corporation, (v) each
5stockholder of a non-publicly held corporation, (vi) each
6stockholder of 5% or more of a publicly held corporation, or
7(vii) each stockholder of 5% or more in a parent or subsidiary
8corporation.
9    (c) Each person seeking and possessing a license as a
10video gaming terminal manufacturer, distributor, supplier,
11operator, handler, licensed establishment, licensed truck stop
12establishment, licensed large truck stop establishment,
13licensed fraternal establishment, or licensed veterans
14establishment shall disclose the identity of every person,
15association, trust, corporation, or limited liability company
16having a greater than 1% direct or indirect pecuniary interest
17in the video gaming terminal operation for which the license
18is sought. If the disclosed entity is a trust, the application
19shall disclose the names and addresses of the beneficiaries;
20if a corporation, the names and addresses of all stockholders
21and directors; if a limited liability company, the names and
22addresses of all members; or if a partnership, the names and
23addresses of all partners, both general and limited.
24    (d) No person may be licensed as a video gaming terminal
25manufacturer, distributor, supplier, operator, handler,
26licensed establishment, licensed truck stop establishment,

 

 

HB3655- 1022 -LRB102 16922 WGH 22334 b

1licensed large truck stop establishment, licensed fraternal
2establishment, or licensed veterans establishment if that
3person has been found by the Board to:
4        (1) have a background, including a criminal record,
5    reputation, habits, social or business associations, or
6    prior activities that pose a threat to the public
7    interests of the State or to the security and integrity of
8    video gaming;
9        (2) create or enhance the dangers of unsuitable,
10    unfair, or illegal practices, methods, and activities in
11    the conduct of video gaming; or
12        (3) present questionable business practices and
13    financial arrangements incidental to the conduct of video
14    gaming activities.
15    (e) Any applicant for any license under this Act has the
16burden of proving his or her qualifications to the
17satisfaction of the Board. The Board may adopt rules to
18establish additional qualifications and requirements to
19preserve the integrity and security of video gaming in this
20State.
21    (f) A non-refundable application fee shall be paid at the
22time an application for a license is filed with the Board in
23the following amounts:
24        (1) Manufacturer..........................$5,000
25        (2) Distributor...........................$5,000
26        (3) Terminal operator.....................$5,000

 

 

HB3655- 1023 -LRB102 16922 WGH 22334 b

1        (4) Supplier..............................$2,500
2        (5) Technician..............................$100
3        (6) Terminal Handler........................$100
4        (7) Licensed establishment, licensed truck stop
5    establishment, licensed large truck stop establishment,
6    licensed fraternal establishment, or licensed
7    veterans establishment...............................$100
8    (g) The Board shall establish an annual fee for each
9license not to exceed the following:
10        (1) Manufacturer.........................$10,000
11        (2) Distributor..........................$10,000
12        (3) Terminal operator.....................$5,000
13        (4) Supplier..............................$2,000
14        (5) Technician..............................$100
15        (6) Licensed establishment, licensed truck stop
16    establishment, licensed large truck stop establishment,
17    licensed fraternal establishment, or licensed
18    veterans establishment..........................$100
19        (7) Video gaming terminal...................$100
20        (8) Terminal Handler............................$100 
21    (h) A terminal operator and a licensed establishment,
22licensed truck stop establishment, licensed large truck stop
23establishment, licensed fraternal establishment, or licensed
24veterans establishment shall equally split the fees specified
25in item (7) of subsection (g).
26(Source: P.A. 100-1152, eff. 12-14-18; 101-31, eff. 6-28-19.)
 

 

 

HB3655- 1024 -LRB102 16922 WGH 22334 b

1    Section 725. The Sports Wagering Act is amended by
2changing Section 25-20 as follows:
 
3    (230 ILCS 45/25-20)
4    Sec. 25-20. Licenses required.
5    (a) No person may engage in any activity in connection
6with sports wagering in this State unless all necessary
7licenses have been obtained in accordance with this Act and
8the rules of the Board and the Department. The following
9licenses shall be issued under this Act:
10        (1) master sports wagering license;
11        (2) occupational license;
12        (3) supplier license;
13        (4) management services provider license;
14        (5) tier 2 official league data provider license; and
15        (6) central system provider license.
16    No person or entity may engage in a sports wagering
17operation or activity without first obtaining the appropriate
18license.
19    (b) An applicant for a license issued under this Act shall
20submit an application to the Board in the form the Board
21requires. The applicant shall submit fingerprints for a
22national criminal records check by the Illinois Department of
23State Police and the Federal Bureau of Investigation. The
24fingerprints shall be furnished by the applicant's owners,

 

 

HB3655- 1025 -LRB102 16922 WGH 22334 b

1officers, and directors (if a corporation), managers and
2members (if a limited liability company), and partners (if a
3partnership). The fingerprints shall be accompanied by a
4signed authorization for the release of information by the
5Federal Bureau of Investigation. The Board may require
6additional background checks on licensees when they apply for
7license renewal, and an applicant convicted of a disqualifying
8offense shall not be licensed.
9    (c) Each master sports wagering licensee shall display the
10license conspicuously in the licensee's place of business or
11have the license available for inspection by an agent of the
12Board or a law enforcement agency.
13    (d) Each holder of an occupational license shall carry the
14license and have some indicia of licensure prominently
15displayed on his or her person when present in a gaming
16facility licensed under this Act at all times, in accordance
17with the rules of the Board.
18    (e) Each person licensed under this Act shall give the
19Board written notice within 30 days after a material change to
20information provided in the licensee's application for a
21license or renewal.
22(Source: P.A. 101-31, eff. 6-28-19; 101-597, eff. 12-6-19.)
 
23    Section 730. The Liquor Control Act of 1934 is amended by
24changing Sections 4-7 and 10-1 as follows:
 

 

 

HB3655- 1026 -LRB102 16922 WGH 22334 b

1    (235 ILCS 5/4-7)  (from Ch. 43, par. 114a)
2    Sec. 4-7. The local liquor control commissioner shall have
3the right to require fingerprints of any applicant for a local
4license or for a renewal thereof other than an applicant who is
5an air carrier operating under a certificate or a foreign air
6permit issued pursuant to the Federal Aviation Act of 1958.
7Each applicant shall submit his or her fingerprints to the
8Illinois Department of State Police in the form and manner
9prescribed by the Illinois Department of State Police. These
10fingerprints shall be checked against the fingerprint records
11now and hereafter filed in the Illinois Department of State
12Police and Federal Bureau of Investigation criminal history
13records databases. The Illinois Department of State Police
14shall charge a fee for conducting the criminal history records
15check, which shall be deposited in the State Police Services
16Fund and shall not exceed the actual cost of the records check.
17The Illinois Department of State Police shall furnish pursuant
18to positive identification, records of conviction to the local
19liquor control commissioner. For purposes of obtaining
20fingerprints under this Section, the local liquor commissioner
21shall collect a fee and forward the fee to the appropriate
22policing body who shall submit the fingerprints and the fee to
23the Illinois Department of State Police.
24(Source: P.A. 93-418, eff. 1-1-04.)
 
25    (235 ILCS 5/10-1)  (from Ch. 43, par. 183)

 

 

HB3655- 1027 -LRB102 16922 WGH 22334 b

1    Sec. 10-1. Violations; penalties. Whereas a substantial
2threat to the sound and careful control, regulation, and
3taxation of the manufacture, sale, and distribution of
4alcoholic liquors exists by virtue of individuals who
5manufacture, import, distribute, or sell alcoholic liquors
6within the State without having first obtained a valid license
7to do so, and whereas such threat is especially serious along
8the borders of this State, and whereas such threat requires
9immediate correction by this Act, by active investigation and
10prosecution by the State Commission, law enforcement
11officials, and prosecutors, and by prompt and strict
12enforcement through the courts of this State to punish
13violators and to deter such conduct in the future:
14    (a) Any person who manufactures, imports for distribution
15or use, transports from outside this State into this State, or
16distributes or sells 108 liters (28.53 gallons) or more of
17wine, 45 liters (11.88 gallons) or more of distilled spirits,
18or 118 liters (31.17 gallons) or more of beer at any place
19within the State without having first obtained a valid license
20to do so under the provisions of this Act shall be guilty of a
21Class 4 felony for each offense. However, any person who was
22duly licensed under this Act and whose license expired within
2330 days prior to a violation shall be guilty of a business
24offense and fined not more than $1,000 for the first such
25offense and shall be guilty of a Class 4 felony for each
26subsequent offense.

 

 

HB3655- 1028 -LRB102 16922 WGH 22334 b

1    Any person who manufactures, imports for distribution,
2transports from outside this State into this State for sale or
3resale in this State, or distributes or sells less than 108
4liters (28.53 gallons) of wine, less than 45 liters (11.88
5gallons) of distilled spirits, or less than 118 liters (31.17
6gallons) of beer at any place within the State without having
7first obtained a valid license to do so under the provisions of
8this Act shall be guilty of a business offense and fined not
9more than $1,000 for the first such offense and shall be guilty
10of a Class 4 felony for each subsequent offense. This
11subsection does not apply to a motor carrier or freight
12forwarder, as defined in Section 13102 of Title 49 of the
13United States Code, an air carrier, as defined in Section
1440102 of Title 49 of the United States Code, or a rail carrier,
15as defined in Section 10102 of Title 49 of the United States
16Code.
17    Any person who: (1) has been issued an initial cease and
18desist notice from the State Commission; and (2) for
19compensation, does any of the following: (i) ships alcoholic
20liquor into this State without a license authorized by Section
215-1 issued by the State Commission or in violation of that
22license; or (ii) manufactures, imports for distribution,
23transports from outside this State into this State for sale or
24resale in this State, or distributes or sells alcoholic
25liquors at any place without having first obtained a valid
26license to do so is guilty of a Class 4 felony for each

 

 

HB3655- 1029 -LRB102 16922 WGH 22334 b

1offense.
2    (b) (1) Any retailer, caterer retailer, brew pub, special
3event retailer, special use permit holder, homebrewer special
4event permit holder, or craft distiller tasting permit holder
5who knowingly causes alcoholic liquors to be imported directly
6into the State of Illinois from outside of the State for the
7purpose of furnishing, giving, or selling to another, except
8when having received the product from a duly licensed
9distributor or importing distributor, shall have his license
10suspended for 30 days for the first offense and for the second
11offense, shall have his license revoked by the Commission.
12    (2) In the event the State Commission receives a certified
13copy of a final order from a foreign jurisdiction that an
14Illinois retail licensee has been found to have violated that
15foreign jurisdiction's laws, rules, or regulations concerning
16the importation of alcoholic liquor into that foreign
17jurisdiction, the violation may be grounds for the State
18Commission to revoke, suspend, or refuse to issue or renew a
19license, to impose a fine, or to take any additional action
20provided by this Act with respect to the Illinois retail
21license or licensee. Any such action on the part of the State
22Commission shall be in accordance with this Act and
23implementing rules.
24    For the purposes of paragraph (2): (i) "foreign
25jurisdiction" means a state, territory, or possession of the
26United States, the District of Columbia, or the Commonwealth

 

 

HB3655- 1030 -LRB102 16922 WGH 22334 b

1of Puerto Rico, and (ii) "final order" means an order or
2judgment of a court or administrative body that determines the
3rights of the parties respecting the subject matter of the
4proceeding, that remains in full force and effect, and from
5which no appeal can be taken.
6    (c) Any person who shall make any false statement or
7otherwise violates any of the provisions of this Act in
8obtaining any license hereunder, or who having obtained a
9license hereunder shall violate any of the provisions of this
10Act with respect to the manufacture, possession, distribution
11or sale of alcoholic liquor, or with respect to the
12maintenance of the licensed premises, or shall violate any
13other provision of this Act, shall for a first offense be
14guilty of a petty offense and fined not more than $500, and for
15a second or subsequent offense shall be guilty of a Class B
16misdemeanor.
17    (c-5) Any owner of an establishment that serves alcohol on
18its premises, if more than 50% of the establishment's gross
19receipts within the prior 3 months is from the sale of alcohol,
20who knowingly fails to prohibit concealed firearms on its
21premises or who knowingly makes a false statement or record to
22avoid the prohibition of concealed firearms on its premises
23under the Firearm Concealed Carry Act shall be guilty of a
24business offense with a fine up to $5,000.
25    (d) Each day any person engages in business as a
26manufacturer, foreign importer, importing distributor,

 

 

HB3655- 1031 -LRB102 16922 WGH 22334 b

1distributor or retailer in violation of the provisions of this
2Act shall constitute a separate offense.
3    (e) Any person, under the age of 21 years who, for the
4purpose of buying, accepting or receiving alcoholic liquor
5from a licensee, represents that he is 21 years of age or over
6shall be guilty of a Class A misdemeanor.
7    (f) In addition to the penalties herein provided, any
8person licensed as a wine-maker in either class who
9manufactures more wine than authorized by his license shall be
10guilty of a business offense and shall be fined $1 for each
11gallon so manufactured.
12    (g) A person shall be exempt from prosecution for a
13violation of this Act if he is a peace officer in the
14enforcement of the criminal laws and such activity is approved
15in writing by one of the following:
16        (1) In all counties, the respective State's Attorney;
17        (2) The Director of the Illinois State Police under
18    Section 2605-10, 2605-15, 2605-51, 2605-52, 2605-75,
19    2605-100, 2605-105, 2605-110, 2605-115, 2605-120,
20    2605-130, 2605-140, 2605-190, 2605-200, 2605-205,
21    2605-210, 2605-215, 2605-250, 2605-275, 2605-300,
22    2605-305, 2605-315, 2605-325, 2605-335, 2605-340,
23    2605-350, 2605-355, 2605-360, 2605-365, 2605-375,
24    2605-390, 2605-400, 2605-405, 2605-420, 2605-430,
25    2605-435, 2605-500, 2605-525, or 2605-550 of the Illinois
26    Department of State Police Law (20 ILCS 2605/2605-10,

 

 

HB3655- 1032 -LRB102 16922 WGH 22334 b

1    2605/2605-15, 2605/2605-75, 2605/2605-100, 2605/2605-105,
2    2605/2605-110, 2605/2605-115, 2605/2605-120,
3    2605/2605-130, 2605/2605-140, 2605/2605-190,
4    2605/2605-200, 2605/2605-205, 2605/2605-210,
5    2605/2605-215, 2605/2605-250, 2605/2605-275,
6    2605/2605-300, 2605/2605-305, 2605/2605-315,
7    2605/2605-325, 2605/2605-335, 2605/2605-340,
8    2605/2605-350, 2605/2605-355, 2605/2605-360,
9    2605/2605-365, 2605/2605-375, 2605/2605-390,
10    2605/2605-400, 2605/2605-405, 2605/2605-420,
11    2605/2605-430, 2605/2605-435, 2605/2605-500,
12    2605/2605-525, or 2605/2605-550); or
13        (3) In cities over 1,000,000, the Superintendent of
14    Police.
15(Source: P.A. 101-37, eff. 7-3-19.)
 
16    Section 735. The Illinois Public Aid Code is amended by
17changing Sections 8A-7, 9A-11.5, 10-3.4, and 12-4.25 as
18follows:
 
19    (305 ILCS 5/8A-7)  (from Ch. 23, par. 8A-7)
20    Sec. 8A-7. Civil Remedies. (a) A person who receives
21financial aid by means of a false statement, willful
22misrepresentation or by his failure to notify the county
23department or local governmental unit, as the case may be, of a
24change in his status as required by Sections 11-18 and 11-19,

 

 

HB3655- 1033 -LRB102 16922 WGH 22334 b

1for the purpose of preventing the denial, cancellation or
2suspension of his grant, or a variation in the amount thereof,
3or by other fraudulent device, or a person who knowingly aids
4or abets any person in obtaining financial aid for which he is
5not eligible, shall be answerable to the county department or
6the local governmental unit, as the case may be, for refunding
7the entire amount of aid received. If the refund is not made,
8it shall be recoverable in a civil action from the person who
9received the aid, or from anyone who willfully aided such
10person to obtain the aid. If an act which would be unlawful
11under Section 8A-2 is proven, the court may as a penalty assess
12an additional sum of money, not to exceed the entire amount of
13aid provided, against the recipient or against any person who
14willfully aided the recipient. If assessed, the penalty shall
15be included in any judgment entered for the aid received, and
16paid to the county department or the local governmental unit,
17as the case may be. Upon entry of the judgment a lien shall
18attach to all property and assets of such person until the
19judgment is satisfied.
20    (b) Any person, firm, corporation, association, agency,
21institution or other legal entity, other than an individual
22recipient, that willfully, by means of a false statement or
23representation, or by concealment of any material fact or by
24other fraudulent scheme or device on behalf of himself or
25others, obtains or attempts to obtain benefits or payments
26under this Code to which he or it is not entitled, or in a

 

 

HB3655- 1034 -LRB102 16922 WGH 22334 b

1greater amount than that to which he or it is entitled, shall
2be liable for repayment of any excess benefits or payments
3received and, in addition to any other penalties provided by
4law, civil penalties consisting of (1) the interest on the
5amount of excess benefits or payments at the maximum legal
6rate in effect on the date the payment was made to such person,
7firm, corporation, association, agency, institution or other
8legal entity for the period from the date upon which payment
9was made to the date upon which repayment is made to the State,
10(2) an amount not to exceed 3 times the amount of such excess
11benefits or payments, and (3) the sum of $2,000 for each
12excessive claim for benefits or payments. Upon entry of a
13judgment for repayment of any excess benefits or payments, or
14for any civil penalties assessed by the court, a lien shall
15attach to all property and assets of such person, firm,
16corporation, association, agency, institution or other legal
17entity until the judgment is satisfied.
18    (c) Civil recoveries provided for in this Section may be
19recoverable in court proceedings initiated by the Attorney
20General or, in actions involving a local governmental unit, by
21the State's Attorney.
22    (d) Any person who commits the offense of vendor fraud or
23recipient fraud as defined in Section 8A-2 and Section 8A-3 of
24this Article shall forfeit, according to the provisions of
25this subsection, any monies, profits or proceeds, and any
26interest or property which the sentencing court determines he

 

 

HB3655- 1035 -LRB102 16922 WGH 22334 b

1has acquired or maintained, directly or indirectly, in whole
2or in part as a result of such offense. Such person shall also
3forfeit any interest in, securities of, claim against, or
4contractual right of any kind which affords him a source of
5influence over, any enterprise which he has established,
6operated, controlled, conducted, or participated in
7conducting, where his relationship to or connection with any
8such thing or activity directly or indirectly, in whole or in
9part, is traceable to any thing or benefit which he has
10obtained or acquired through vendor fraud or recipient fraud.
11    Proceedings instituted pursuant to this subsection shall
12be subject to and conducted in accordance with the following
13procedures:
14    (1) The sentencing court shall, upon petition by the
15Attorney General or State's Attorney at any time following
16sentencing, conduct a hearing to determine whether any
17property or property interest is subject to forfeiture under
18this subsection. At the forfeiture hearing the People shall
19have the burden of establishing, by a preponderance of the
20evidence, that the property or property interests are subject
21to such forfeiture.
22    (2) In any action brought by the People of the State of
23Illinois under this Section, in which any restraining order,
24injunction or prohibition or any other action in connection
25with any property or interest subject to forfeiture under this
26subsection is sought, the circuit court presiding over the

 

 

HB3655- 1036 -LRB102 16922 WGH 22334 b

1trial of the person charged with recipient fraud or vendor
2fraud as defined in Sections 8A-2 or 8A-3 of this Article shall
3first determine whether there is probable cause to believe
4that the person so charged has committed the offense of
5recipient fraud or vendor fraud and whether the property or
6interest is subject to forfeiture under this subsection. To
7make such a determination, prior to entering any such order,
8the court shall conduct a hearing without a jury, at which the
9People shall establish that there is (i) probable cause that
10the person so charged has committed the offense of recipient
11fraud or vendor fraud and (ii) probable cause that any
12property or interest may be subject to forfeiture pursuant to
13this subsection. Such hearing may be conducted simultaneously
14with a preliminary hearing, if the prosecution is commenced by
15information or complaint, or by motion of the People at any
16stage in the proceedings. The court may accept a finding of
17probable cause at a preliminary hearing following the filing
18of an information charging the offense of recipient fraud or
19vendor fraud as defined in Sections 8A-2 or 8A-3 or the return
20of an indictment by a grand jury charging the offense of
21recipient fraud or vendor fraud as defined in Sections 8A-2 or
228A-3 of this Article as sufficient evidence of probable cause
23as provided in item (i) above. Upon such a finding, the circuit
24court shall enter such restraining order, injunction or
25prohibition, or shall take such other action in connection
26with any such property or other interest subject to forfeiture

 

 

HB3655- 1037 -LRB102 16922 WGH 22334 b

1under this Act as is necessary to insure that such property is
2not removed from the jurisdiction of the court, concealed,
3destroyed or otherwise disposed of by the owner of that
4property or interest prior to a forfeiture hearing under this
5subsection. The Attorney General or State's Attorney shall
6file a certified copy of such restraining order, injunction or
7other prohibition with the recorder of deeds or registrar of
8titles of each county where any such property of the defendant
9may be located. No such injunction, restraining order or other
10prohibition shall affect the rights of any bonafide purchaser,
11mortgagee, judgement creditor or other lien holder arising
12prior to the date of such filing. The court may, at any time,
13upon verified petition by the defendant, conduct a hearing to
14determine whether all or portions of any such property or
15interest which the court previously determined to be subject
16to forfeiture or subject to any restraining order, injunction,
17or prohibition or other action, should be released. The court
18may in its discretion release such property to the defendant
19for good cause shown.
20    (3) Upon conviction of a person under this Article, the
21court shall authorize the Director of the Illinois Department
22of State Police to seize all property or other interest
23declared forfeited under this subsection upon such terms and
24conditions as the court shall deem proper.
25    (4) The Director of the Illinois Department of State
26Police is authorized to sell all property forfeited and seized

 

 

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1pursuant to this subsection, unless such property is required
2by law to be destroyed or is harmful to the public. After the
3deduction of all requisite expenses of administration and
4sale, the court shall order the Director to distribute to the
5Illinois Department an amount from the proceeds of the
6forfeited property, or monies forfeited or seized, which will
7satisfy any unsatisfied court order of restitution entered
8pursuant to a conviction under this Article. If the proceeds
9are less than the amount necessary to satisfy the order of
10restitution, the Director shall distribute to the Illinois
11Department the entire amount of the remaining proceeds. The
12Director shall distribute any remaining proceeds of such sale,
13along with any monies forfeited or seized, in accordance with
14the following schedules:
15    (a) 25% shall be distributed to the unit of local
16government whose officers or employees conducted the
17investigation into recipient fraud or vendor fraud and caused
18the arrest or arrests and prosecution leading to the
19forfeiture. Amounts distributed to units of local government
20shall be used solely for enforcement matters relating to
21detection, investigation or prosecution of recipient fraud or
22vendor fraud as defined in Section 8A-2 or 8A-3 of this
23Article. Where the investigation, arrest or arrests leading to
24the prosecution and forfeiture is undertaken solely by the
25Illinois Department of State Police, the portion provided
26hereunder shall be paid into the Medicaid Fraud and Abuse

 

 

HB3655- 1039 -LRB102 16922 WGH 22334 b

1Prevention Fund, which is hereby created in the State
2treasury. Monies from this fund shall be used by the Illinois
3Department of State Police for the furtherance of enforcement
4matters relating to detection, investigation or prosecution of
5recipient fraud or vendor fraud. Monies directed to this fund
6shall be used in addition to, and not as a substitute for,
7funds annually appropriated to the Illinois Department of
8State Police for medicaid fraud enforcement.
9    (b) 25% shall be distributed to the county in which the
10prosecution and petition for forfeiture resulting in the
11forfeiture was instituted, and deposited in a special fund in
12the county treasury and appropriated to the State's Attorney
13for use solely in enforcement matters relating to detection,
14investigation or prosecution of recipient fraud or vendor
15fraud; however, if the Attorney General brought the
16prosecution resulting in the forfeiture, the portion provided
17hereunder shall be paid into the Medicaid Fraud and Abuse
18Prevention Fund, to be used by the Medicaid Fraud Control Unit
19of the Illinois Department of State Police for enforcement
20matters relating to detection, investigation or prosecution of
21recipient fraud or vendor fraud. Where the Attorney General
22and a State's Attorney have jointly participated in any
23portion of the proceedings, 12.5% shall be distributed to the
24county in which the prosecution resulting in the forfeiture
25was instituted, and used as specified herein, and 12.5% shall
26be paid into the Medicaid Fraud and Abuse Prevention Fund, and

 

 

HB3655- 1040 -LRB102 16922 WGH 22334 b

1used as specified herein.
2    (c) 50% shall be transmitted to the State Treasurer for
3deposit in the General Revenue Fund.
4(Source: P.A. 85-707.)
 
5    (305 ILCS 5/9A-11.5)
6    Sec. 9A-11.5. Investigate child care providers.
7    (a) Any child care provider receiving funds from the child
8care assistance program under this Code who is not required to
9be licensed under the Child Care Act of 1969 shall, as a
10condition of eligibility to participate in the child care
11assistance program under this Code, authorize in writing on a
12form prescribed by the Department of Children and Family
13Services, periodic investigations of the Central Register, as
14defined in the Abused and Neglected Child Reporting Act, to
15ascertain if the child care provider has been determined to be
16a perpetrator in an indicated report of child abuse or
17neglect. The Department of Children and Family Services shall
18conduct an investigation of the Central Register at the
19request of the Department.
20    (b) Any child care provider, other than a relative of the
21child, receiving funds from the child care assistance program
22under this Code who is not required to be licensed under the
23Child Care Act of 1969 shall, as a condition of eligibility to
24participate in the child care assistance program under this
25Code, authorize in writing a State and Federal Bureau of

 

 

HB3655- 1041 -LRB102 16922 WGH 22334 b

1Investigation fingerprint-based criminal history record check
2to determine if the child care provider has ever been
3convicted of a crime with respect to which the conviction has
4not been overturned and the criminal records have not been
5sealed or expunged. Upon this authorization, the Department
6shall request and receive information and assistance from any
7federal or State governmental agency as part of the authorized
8criminal history record check. The Illinois Department of
9State Police shall provide information concerning any
10conviction that has not been overturned and with respect to
11which the criminal records have not been sealed or expunged,
12whether the conviction occurred before or on or after the
13effective date of this amendatory Act of the 96th General
14Assembly, of a child care provider upon the request of the
15Department when the request is made in the form and manner
16required by the Illinois Department of State Police. The
17Illinois Department of State Police shall charge a fee not to
18exceed the cost of processing the criminal history record
19check. The fee is to be deposited into the State Police
20Services Fund. Any information concerning convictions that
21have not been overturned and with respect to which the
22criminal records have not been sealed or expunged obtained by
23the Department is confidential and may not be transmitted (i)
24outside the Department except as required in this Section or
25(ii) to anyone within the Department except as needed for the
26purposes of determining participation in the child care

 

 

HB3655- 1042 -LRB102 16922 WGH 22334 b

1assistance program. A copy of the criminal history record
2check obtained from the Illinois Department of State Police
3shall be provided to the unlicensed child care provider.
4    (c) The Department shall by rule set standards for
5determining when to disqualify an unlicensed child care
6provider for payment because (i) there is an indicated finding
7against the provider based on the results of the Central
8Register search or (ii) there is a disqualifying criminal
9charge pending against the provider or the provider has a
10disqualifying criminal conviction that has not been overturned
11and with respect to which the criminal records have not been
12expunged or sealed based on the results of the
13fingerprint-based Illinois Department of State Police and
14Federal Bureau of Investigation criminal history record check.
15In determining whether to disqualify an unlicensed child care
16provider for payment under this subsection, the Department
17shall consider the nature and gravity of any offense or
18offenses; the time that has passed since the offense or
19offenses or the completion of the criminal sentence or both;
20and the relationship of the offense or offenses to the
21responsibilities of the child care provider.
22(Source: P.A. 96-632, eff. 8-24-09.)
 
23    (305 ILCS 5/10-3.4)
24    Sec. 10-3.4. Obtaining location information.
25    (a) The Illinois Department shall enter into agreements

 

 

HB3655- 1043 -LRB102 16922 WGH 22334 b

1with the Illinois Department of State Police and the Secretary
2of State to obtain location information on persons for the
3purpose of establishing paternity, and establishing,
4modifying, and enforcing child support obligations.
5    (b) Upon request, the Illinois Department shall provide
6information obtained pursuant to this Section to federal
7agencies and other states' agencies conducting child support
8enforcement activities under Title IV, Part D of the Social
9Security Act.
10(Source: P.A. 90-18, eff. 7-1-97.)
 
11    (305 ILCS 5/12-4.25)  (from Ch. 23, par. 12-4.25)
12    Sec. 12-4.25. Medical assistance program; vendor
13participation.
14    (A) The Illinois Department may deny, suspend, or
15terminate the eligibility of any person, firm, corporation,
16association, agency, institution or other legal entity to
17participate as a vendor of goods or services to recipients
18under the medical assistance program under Article V, or may
19exclude any such person or entity from participation as such a
20vendor, and may deny, suspend, or recover payments, if after
21reasonable notice and opportunity for a hearing the Illinois
22Department finds:
23        (a) Such vendor is not complying with the Department's
24    policy or rules and regulations, or with the terms and
25    conditions prescribed by the Illinois Department in its

 

 

HB3655- 1044 -LRB102 16922 WGH 22334 b

1    vendor agreement, which document shall be developed by the
2    Department as a result of negotiations with each vendor
3    category, including physicians, hospitals, long term care
4    facilities, pharmacists, optometrists, podiatric
5    physicians, and dentists setting forth the terms and
6    conditions applicable to the participation of each vendor
7    group in the program; or
8        (b) Such vendor has failed to keep or make available
9    for inspection, audit or copying, after receiving a
10    written request from the Illinois Department, such records
11    regarding payments claimed for providing services. This
12    section does not require vendors to make available patient
13    records of patients for whom services are not reimbursed
14    under this Code; or
15        (c) Such vendor has failed to furnish any information
16    requested by the Department regarding payments for
17    providing goods or services; or
18        (d) Such vendor has knowingly made, or caused to be
19    made, any false statement or representation of a material
20    fact in connection with the administration of the medical
21    assistance program; or
22        (e) Such vendor has furnished goods or services to a
23    recipient which are (1) in excess of need, (2) harmful, or
24    (3) of grossly inferior quality, all of such
25    determinations to be based upon competent medical judgment
26    and evaluations; or

 

 

HB3655- 1045 -LRB102 16922 WGH 22334 b

1        (f) The vendor; a person with management
2    responsibility for a vendor; an officer or person owning,
3    either directly or indirectly, 5% or more of the shares of
4    stock or other evidences of ownership in a corporate
5    vendor; an owner of a sole proprietorship which is a
6    vendor; or a partner in a partnership which is a vendor,
7    either:
8            (1) was previously terminated, suspended, or
9        excluded from participation in the Illinois medical
10        assistance program, or was terminated, suspended, or
11        excluded from participation in another state or
12        federal medical assistance or health care program; or
13            (2) was a person with management responsibility
14        for a vendor previously terminated, suspended, or
15        excluded from participation in the Illinois medical
16        assistance program, or terminated, suspended, or
17        excluded from participation in another state or
18        federal medical assistance or health care program
19        during the time of conduct which was the basis for that
20        vendor's termination, suspension, or exclusion; or
21            (3) was an officer, or person owning, either
22        directly or indirectly, 5% or more of the shares of
23        stock or other evidences of ownership in a corporate
24        or limited liability company vendor previously
25        terminated, suspended, or excluded from participation
26        in the Illinois medical assistance program, or

 

 

HB3655- 1046 -LRB102 16922 WGH 22334 b

1        terminated, suspended, or excluded from participation
2        in a state or federal medical assistance or health
3        care program during the time of conduct which was the
4        basis for that vendor's termination, suspension, or
5        exclusion; or
6            (4) was an owner of a sole proprietorship or
7        partner of a partnership previously terminated,
8        suspended, or excluded from participation in the
9        Illinois medical assistance program, or terminated,
10        suspended, or excluded from participation in a state
11        or federal medical assistance or health care program
12        during the time of conduct which was the basis for that
13        vendor's termination, suspension, or exclusion; or
14        (f-1) Such vendor has a delinquent debt owed to the
15    Illinois Department; or
16        (g) The vendor; a person with management
17    responsibility for a vendor; an officer or person owning,
18    either directly or indirectly, 5% or more of the shares of
19    stock or other evidences of ownership in a corporate or
20    limited liability company vendor; an owner of a sole
21    proprietorship which is a vendor; or a partner in a
22    partnership which is a vendor, either:
23            (1) has engaged in practices prohibited by
24        applicable federal or State law or regulation; or
25            (2) was a person with management responsibility
26        for a vendor at the time that such vendor engaged in

 

 

HB3655- 1047 -LRB102 16922 WGH 22334 b

1        practices prohibited by applicable federal or State
2        law or regulation; or
3            (3) was an officer, or person owning, either
4        directly or indirectly, 5% or more of the shares of
5        stock or other evidences of ownership in a vendor at
6        the time such vendor engaged in practices prohibited
7        by applicable federal or State law or regulation; or
8            (4) was an owner of a sole proprietorship or
9        partner of a partnership which was a vendor at the time
10        such vendor engaged in practices prohibited by
11        applicable federal or State law or regulation; or
12        (h) The direct or indirect ownership of the vendor
13    (including the ownership of a vendor that is a sole
14    proprietorship, a partner's interest in a vendor that is a
15    partnership, or ownership of 5% or more of the shares of
16    stock or other evidences of ownership in a corporate
17    vendor) has been transferred by an individual who is
18    terminated, suspended, or excluded or barred from
19    participating as a vendor to the individual's spouse,
20    child, brother, sister, parent, grandparent, grandchild,
21    uncle, aunt, niece, nephew, cousin, or relative by
22    marriage.
23    (A-5) The Illinois Department may deny, suspend, or
24terminate the eligibility of any person, firm, corporation,
25association, agency, institution, or other legal entity to
26participate as a vendor of goods or services to recipients

 

 

HB3655- 1048 -LRB102 16922 WGH 22334 b

1under the medical assistance program under Article V, or may
2exclude any such person or entity from participation as such a
3vendor, if, after reasonable notice and opportunity for a
4hearing, the Illinois Department finds that the vendor; a
5person with management responsibility for a vendor; an officer
6or person owning, either directly or indirectly, 5% or more of
7the shares of stock or other evidences of ownership in a
8corporate vendor; an owner of a sole proprietorship that is a
9vendor; or a partner in a partnership that is a vendor has been
10convicted of an offense based on fraud or willful
11misrepresentation related to any of the following:
12        (1) The medical assistance program under Article V of
13    this Code.
14        (2) A medical assistance or health care program in
15    another state.
16        (3) The Medicare program under Title XVIII of the
17    Social Security Act.
18        (4) The provision of health care services.
19        (5) A violation of this Code, as provided in Article
20    VIIIA, or another state or federal medical assistance
21    program or health care program.
22    (A-10) The Illinois Department may deny, suspend, or
23terminate the eligibility of any person, firm, corporation,
24association, agency, institution, or other legal entity to
25participate as a vendor of goods or services to recipients
26under the medical assistance program under Article V, or may

 

 

HB3655- 1049 -LRB102 16922 WGH 22334 b

1exclude any such person or entity from participation as such a
2vendor, if, after reasonable notice and opportunity for a
3hearing, the Illinois Department finds that (i) the vendor,
4(ii) a person with management responsibility for a vendor,
5(iii) an officer or person owning, either directly or
6indirectly, 5% or more of the shares of stock or other
7evidences of ownership in a corporate vendor, (iv) an owner of
8a sole proprietorship that is a vendor, or (v) a partner in a
9partnership that is a vendor has been convicted of an offense
10related to any of the following:
11        (1) Murder.
12        (2) A Class X felony under the Criminal Code of 1961 or
13    the Criminal Code of 2012.
14        (3) Sexual misconduct that may subject recipients to
15    an undue risk of harm.
16        (4) A criminal offense that may subject recipients to
17    an undue risk of harm.
18        (5) A crime of fraud or dishonesty.
19        (6) A crime involving a controlled substance.
20        (7) A misdemeanor relating to fraud, theft,
21    embezzlement, breach of fiduciary responsibility, or other
22    financial misconduct related to a health care program.
23    (A-15) The Illinois Department may deny the eligibility of
24any person, firm, corporation, association, agency,
25institution, or other legal entity to participate as a vendor
26of goods or services to recipients under the medical

 

 

HB3655- 1050 -LRB102 16922 WGH 22334 b

1assistance program under Article V if, after reasonable notice
2and opportunity for a hearing, the Illinois Department finds:
3        (1) The applicant or any person with management
4    responsibility for the applicant; an officer or member of
5    the board of directors of an applicant; an entity owning
6    (directly or indirectly) 5% or more of the shares of stock
7    or other evidences of ownership in a corporate vendor
8    applicant; an owner of a sole proprietorship applicant; a
9    partner in a partnership applicant; or a technical or
10    other advisor to an applicant has a debt owed to the
11    Illinois Department, and no payment arrangements
12    acceptable to the Illinois Department have been made by
13    the applicant.
14        (2) The applicant or any person with management
15    responsibility for the applicant; an officer or member of
16    the board of directors of an applicant; an entity owning
17    (directly or indirectly) 5% or more of the shares of stock
18    or other evidences of ownership in a corporate vendor
19    applicant; an owner of a sole proprietorship applicant; a
20    partner in a partnership vendor applicant; or a technical
21    or other advisor to an applicant was (i) a person with
22    management responsibility, (ii) an officer or member of
23    the board of directors of an applicant, (iii) an entity
24    owning (directly or indirectly) 5% or more of the shares
25    of stock or other evidences of ownership in a corporate
26    vendor, (iv) an owner of a sole proprietorship, (v) a

 

 

HB3655- 1051 -LRB102 16922 WGH 22334 b

1    partner in a partnership vendor, (vi) a technical or other
2    advisor to a vendor, during a period of time where the
3    conduct of that vendor resulted in a debt owed to the
4    Illinois Department, and no payment arrangements
5    acceptable to the Illinois Department have been made by
6    that vendor.
7        (3) There is a credible allegation of the use,
8    transfer, or lease of assets of any kind to an applicant
9    from a current or prior vendor who has a debt owed to the
10    Illinois Department, no payment arrangements acceptable to
11    the Illinois Department have been made by that vendor or
12    the vendor's alternate payee, and the applicant knows or
13    should have known of such debt.
14        (4) There is a credible allegation of a transfer of
15    management responsibilities, or direct or indirect
16    ownership, to an applicant from a current or prior vendor
17    who has a debt owed to the Illinois Department, and no
18    payment arrangements acceptable to the Illinois Department
19    have been made by that vendor or the vendor's alternate
20    payee, and the applicant knows or should have known of
21    such debt.
22        (5) There is a credible allegation of the use,
23    transfer, or lease of assets of any kind to an applicant
24    who is a spouse, child, brother, sister, parent,
25    grandparent, grandchild, uncle, aunt, niece, relative by
26    marriage, nephew, cousin, or relative of a current or

 

 

HB3655- 1052 -LRB102 16922 WGH 22334 b

1    prior vendor who has a debt owed to the Illinois
2    Department and no payment arrangements acceptable to the
3    Illinois Department have been made.
4        (6) There is a credible allegation that the
5    applicant's previous affiliations with a provider of
6    medical services that has an uncollected debt, a provider
7    that has been or is subject to a payment suspension under a
8    federal health care program, or a provider that has been
9    previously excluded from participation in the medical
10    assistance program, poses a risk of fraud, waste, or abuse
11    to the Illinois Department.
12    As used in this subsection, "credible allegation" is
13defined to include an allegation from any source, including,
14but not limited to, fraud hotline complaints, claims data
15mining, patterns identified through provider audits, civil
16actions filed under the Illinois False Claims Act, and law
17enforcement investigations. An allegation is considered to be
18credible when it has indicia of reliability.
19    (B) The Illinois Department shall deny, suspend or
20terminate the eligibility of any person, firm, corporation,
21association, agency, institution or other legal entity to
22participate as a vendor of goods or services to recipients
23under the medical assistance program under Article V, or may
24exclude any such person or entity from participation as such a
25vendor:
26        (1) immediately, if such vendor is not properly

 

 

HB3655- 1053 -LRB102 16922 WGH 22334 b

1    licensed, certified, or authorized;
2        (2) within 30 days of the date when such vendor's
3    professional license, certification or other authorization
4    has been refused renewal, restricted, revoked, suspended,
5    or otherwise terminated; or
6        (3) if such vendor has been convicted of a violation
7    of this Code, as provided in Article VIIIA.
8    (C) Upon termination, suspension, or exclusion of a vendor
9of goods or services from participation in the medical
10assistance program authorized by this Article, a person with
11management responsibility for such vendor during the time of
12any conduct which served as the basis for that vendor's
13termination, suspension, or exclusion is barred from
14participation in the medical assistance program.
15    Upon termination, suspension, or exclusion of a corporate
16vendor, the officers and persons owning, directly or
17indirectly, 5% or more of the shares of stock or other
18evidences of ownership in the vendor during the time of any
19conduct which served as the basis for that vendor's
20termination, suspension, or exclusion are barred from
21participation in the medical assistance program. A person who
22owns, directly or indirectly, 5% or more of the shares of stock
23or other evidences of ownership in a terminated, suspended, or
24excluded vendor may not transfer his or her ownership interest
25in that vendor to his or her spouse, child, brother, sister,
26parent, grandparent, grandchild, uncle, aunt, niece, nephew,

 

 

HB3655- 1054 -LRB102 16922 WGH 22334 b

1cousin, or relative by marriage.
2    Upon termination, suspension, or exclusion of a sole
3proprietorship or partnership, the owner or partners during
4the time of any conduct which served as the basis for that
5vendor's termination, suspension, or exclusion are barred from
6participation in the medical assistance program. The owner of
7a terminated, suspended, or excluded vendor that is a sole
8proprietorship, and a partner in a terminated, suspended, or
9excluded vendor that is a partnership, may not transfer his or
10her ownership or partnership interest in that vendor to his or
11her spouse, child, brother, sister, parent, grandparent,
12grandchild, uncle, aunt, niece, nephew, cousin, or relative by
13marriage.
14    A person who owns, directly or indirectly, 5% or more of
15the shares of stock or other evidences of ownership in a
16corporate or limited liability company vendor who owes a debt
17to the Department, if that vendor has not made payment
18arrangements acceptable to the Department, shall not transfer
19his or her ownership interest in that vendor, or vendor assets
20of any kind, to his or her spouse, child, brother, sister,
21parent, grandparent, grandchild, uncle, aunt, niece, nephew,
22cousin, or relative by marriage.
23    Rules adopted by the Illinois Department to implement
24these provisions shall specifically include a definition of
25the term "management responsibility" as used in this Section.
26Such definition shall include, but not be limited to, typical

 

 

HB3655- 1055 -LRB102 16922 WGH 22334 b

1job titles, and duties and descriptions which will be
2considered as within the definition of individuals with
3management responsibility for a provider.
4    A vendor or a prior vendor who has been terminated,
5excluded, or suspended from the medical assistance program, or
6from another state or federal medical assistance or health
7care program, and any individual currently or previously
8barred from the medical assistance program, or from another
9state or federal medical assistance or health care program, as
10a result of being an officer or a person owning, directly or
11indirectly, 5% or more of the shares of stock or other
12evidences of ownership in a corporate or limited liability
13company vendor during the time of any conduct which served as
14the basis for that vendor's termination, suspension, or
15exclusion, may be required to post a surety bond as part of a
16condition of enrollment or participation in the medical
17assistance program. The Illinois Department shall establish,
18by rule, the criteria and requirements for determining when a
19surety bond must be posted and the value of the bond.
20    A vendor or a prior vendor who has a debt owed to the
21Illinois Department and any individual currently or previously
22barred from the medical assistance program, or from another
23state or federal medical assistance or health care program, as
24a result of being an officer or a person owning, directly or
25indirectly, 5% or more of the shares of stock or other
26evidences of ownership in that corporate or limited liability

 

 

HB3655- 1056 -LRB102 16922 WGH 22334 b

1company vendor during the time of any conduct which served as
2the basis for the debt, may be required to post a surety bond
3as part of a condition of enrollment or participation in the
4medical assistance program. The Illinois Department shall
5establish, by rule, the criteria and requirements for
6determining when a surety bond must be posted and the value of
7the bond.
8    (D) If a vendor has been suspended from the medical
9assistance program under Article V of the Code, the Director
10may require that such vendor correct any deficiencies which
11served as the basis for the suspension. The Director shall
12specify in the suspension order a specific period of time,
13which shall not exceed one year from the date of the order,
14during which a suspended vendor shall not be eligible to
15participate. At the conclusion of the period of suspension the
16Director shall reinstate such vendor, unless he finds that
17such vendor has not corrected deficiencies upon which the
18suspension was based.
19    If a vendor has been terminated, suspended, or excluded
20from the medical assistance program under Article V, such
21vendor shall be barred from participation for at least one
22year, except that if a vendor has been terminated, suspended,
23or excluded based on a conviction of a violation of Article
24VIIIA or a conviction of a felony based on fraud or a willful
25misrepresentation related to (i) the medical assistance
26program under Article V, (ii) a federal or another state's

 

 

HB3655- 1057 -LRB102 16922 WGH 22334 b

1medical assistance or health care program, or (iii) the
2provision of health care services, then the vendor shall be
3barred from participation for 5 years or for the length of the
4vendor's sentence for that conviction, whichever is longer. At
5the end of one year a vendor who has been terminated,
6suspended, or excluded may apply for reinstatement to the
7program. Upon proper application to be reinstated such vendor
8may be deemed eligible by the Director providing that such
9vendor meets the requirements for eligibility under this Code.
10If such vendor is deemed not eligible for reinstatement, he
11shall be barred from again applying for reinstatement for one
12year from the date his application for reinstatement is
13denied.
14    A vendor whose termination, suspension, or exclusion from
15participation in the Illinois medical assistance program under
16Article V was based solely on an action by a governmental
17entity other than the Illinois Department may, upon
18reinstatement by that governmental entity or upon reversal of
19the termination, suspension, or exclusion, apply for
20rescission of the termination, suspension, or exclusion from
21participation in the Illinois medical assistance program. Upon
22proper application for rescission, the vendor may be deemed
23eligible by the Director if the vendor meets the requirements
24for eligibility under this Code.
25    If a vendor has been terminated, suspended, or excluded
26and reinstated to the medical assistance program under Article

 

 

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1V and the vendor is terminated, suspended, or excluded a
2second or subsequent time from the medical assistance program,
3the vendor shall be barred from participation for at least 2
4years, except that if a vendor has been terminated, suspended,
5or excluded a second time based on a conviction of a violation
6of Article VIIIA or a conviction of a felony based on fraud or
7a willful misrepresentation related to (i) the medical
8assistance program under Article V, (ii) a federal or another
9state's medical assistance or health care program, or (iii)
10the provision of health care services, then the vendor shall
11be barred from participation for life. At the end of 2 years, a
12vendor who has been terminated, suspended, or excluded may
13apply for reinstatement to the program. Upon application to be
14reinstated, the vendor may be deemed eligible if the vendor
15meets the requirements for eligibility under this Code. If the
16vendor is deemed not eligible for reinstatement, the vendor
17shall be barred from again applying for reinstatement for 2
18years from the date the vendor's application for reinstatement
19is denied.
20    (E) The Illinois Department may recover money improperly
21or erroneously paid, or overpayments, either by setoff,
22crediting against future billings or by requiring direct
23repayment to the Illinois Department. The Illinois Department
24may suspend or deny payment, in whole or in part, if such
25payment would be improper or erroneous or would otherwise
26result in overpayment.

 

 

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1        (1) Payments may be suspended, denied, or recovered
2    from a vendor or alternate payee: (i) for services
3    rendered in violation of the Illinois Department's
4    provider notices, statutes, rules, and regulations; (ii)
5    for services rendered in violation of the terms and
6    conditions prescribed by the Illinois Department in its
7    vendor agreement; (iii) for any vendor who fails to grant
8    the Office of Inspector General timely access to full and
9    complete records, including, but not limited to, records
10    relating to recipients under the medical assistance
11    program for the most recent 6 years, in accordance with
12    Section 140.28 of Title 89 of the Illinois Administrative
13    Code, and other information for the purpose of audits,
14    investigations, or other program integrity functions,
15    after reasonable written request by the Inspector General;
16    this subsection (E) does not require vendors to make
17    available the medical records of patients for whom
18    services are not reimbursed under this Code or to provide
19    access to medical records more than 6 years old; (iv) when
20    the vendor has knowingly made, or caused to be made, any
21    false statement or representation of a material fact in
22    connection with the administration of the medical
23    assistance program; or (v) when the vendor previously
24    rendered services while terminated, suspended, or excluded
25    from participation in the medical assistance program or
26    while terminated or excluded from participation in another

 

 

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1    state or federal medical assistance or health care
2    program.
3        (2) Notwithstanding any other provision of law, if a
4    vendor has the same taxpayer identification number
5    (assigned under Section 6109 of the Internal Revenue Code
6    of 1986) as is assigned to a vendor with past-due
7    financial obligations to the Illinois Department, the
8    Illinois Department may make any necessary adjustments to
9    payments to that vendor in order to satisfy any past-due
10    obligations, regardless of whether the vendor is assigned
11    a different billing number under the medical assistance
12    program.
13    (E-5) Civil monetary penalties.
14        (1) As used in this subsection (E-5):
15            (a) "Knowingly" means that a person, with respect
16        to information: (i) has actual knowledge of the
17        information; (ii) acts in deliberate ignorance of the
18        truth or falsity of the information; or (iii) acts in
19        reckless disregard of the truth or falsity of the
20        information. No proof of specific intent to defraud is
21        required.
22            (b) "Overpayment" means any funds that a person
23        receives or retains from the medical assistance
24        program to which the person, after applicable
25        reconciliation, is not entitled under this Code.
26            (c) "Remuneration" means the offer or transfer of

 

 

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1        items or services for free or for other than fair
2        market value by a person; however, remuneration does
3        not include items or services of a nominal value of no
4        more than $10 per item or service, or $50 in the
5        aggregate on an annual basis, or any other offer or
6        transfer of items or services as determined by the
7        Department.
8            (d) "Should know" means that a person, with
9        respect to information: (i) acts in deliberate
10        ignorance of the truth or falsity of the information;
11        or (ii) acts in reckless disregard of the truth or
12        falsity of the information. No proof of specific
13        intent to defraud is required.
14        (2) Any person (including a vendor, provider,
15    organization, agency, or other entity, or an alternate
16    payee thereof, but excluding a recipient) who:
17            (a) knowingly presents or causes to be presented
18        to an officer, employee, or agent of the State, a claim
19        that the Department determines:
20                (i) is for a medical or other item or service
21            that the person knows or should know was not
22            provided as claimed, including any person who
23            engages in a pattern or practice of presenting or
24            causing to be presented a claim for an item or
25            service that is based on a code that the person
26            knows or should know will result in a greater

 

 

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1            payment to the person than the code the person
2            knows or should know is applicable to the item or
3            service actually provided;
4                (ii) is for a medical or other item or service
5            and the person knows or should know that the claim
6            is false or fraudulent;
7                (iii) is presented for a vendor physician's
8            service, or an item or service incident to a
9            vendor physician's service, by a person who knows
10            or should know that the individual who furnished,
11            or supervised the furnishing of, the service:
12                    (AA) was not licensed as a physician;
13                    (BB) was licensed as a physician but such
14                license had been obtained through a
15                misrepresentation of material fact (including
16                cheating on an examination required for
17                licensing); or
18                    (CC) represented to the patient at the
19                time the service was furnished that the
20                physician was certified in a medical specialty
21                by a medical specialty board, when the
22                individual was not so certified;
23                (iv) is for a medical or other item or service
24            furnished during a period in which the person was
25            excluded from the medical assistance program or a
26            federal or state health care program under which

 

 

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1            the claim was made pursuant to applicable law; or
2                (v) is for a pattern of medical or other items
3            or services that a person knows or should know are
4            not medically necessary;
5            (b) knowingly presents or causes to be presented
6        to any person a request for payment which is in
7        violation of the conditions for receipt of vendor
8        payments under the medical assistance program under
9        Section 11-13 of this Code;
10            (c) knowingly gives or causes to be given to any
11        person, with respect to medical assistance program
12        coverage of inpatient hospital services, information
13        that he or she knows or should know is false or
14        misleading, and that could reasonably be expected to
15        influence the decision when to discharge such person
16        or other individual from the hospital;
17            (d) in the case of a person who is not an
18        organization, agency, or other entity, is excluded
19        from participating in the medical assistance program
20        or a federal or state health care program and who, at
21        the time of a violation of this subsection (E-5):
22                (i) retains a direct or indirect ownership or
23            control interest in an entity that is
24            participating in the medical assistance program or
25            a federal or state health care program, and who
26            knows or should know of the action constituting

 

 

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1            the basis for the exclusion; or
2                (ii) is an officer or managing employee of
3            such an entity;
4            (e) offers or transfers remuneration to any
5        individual eligible for benefits under the medical
6        assistance program that such person knows or should
7        know is likely to influence such individual to order
8        or receive from a particular vendor, provider,
9        practitioner, or supplier any item or service for
10        which payment may be made, in whole or in part, under
11        the medical assistance program;
12            (f) arranges or contracts (by employment or
13        otherwise) with an individual or entity that the
14        person knows or should know is excluded from
15        participation in the medical assistance program or a
16        federal or state health care program, for the
17        provision of items or services for which payment may
18        be made under such a program;
19            (g) commits an act described in subsection (b) or
20        (c) of Section 8A-3;
21            (h) knowingly makes, uses, or causes to be made or
22        used, a false record or statement material to a false
23        or fraudulent claim for payment for items and services
24        furnished under the medical assistance program;
25            (i) fails to grant timely access, upon reasonable
26        request (as defined by the Department by rule), to the

 

 

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1        Inspector General, for the purpose of audits,
2        investigations, evaluations, or other statutory
3        functions of the Inspector General of the Department;
4            (j) orders or prescribes a medical or other item
5        or service during a period in which the person was
6        excluded from the medical assistance program or a
7        federal or state health care program, in the case
8        where the person knows or should know that a claim for
9        such medical or other item or service will be made
10        under such a program;
11            (k) knowingly makes or causes to be made any false
12        statement, omission, or misrepresentation of a
13        material fact in any application, bid, or contract to
14        participate or enroll as a vendor or provider of
15        services or a supplier under the medical assistance
16        program;
17            (l) knows of an overpayment and does not report
18        and return the overpayment to the Department in
19        accordance with paragraph (6);
20    shall be subject, in addition to any other penalties that
21    may be prescribed by law, to a civil money penalty of not
22    more than $10,000 for each item or service (or, in cases
23    under subparagraph (c), $15,000 for each individual with
24    respect to whom false or misleading information was given;
25    in cases under subparagraph (d), $10,000 for each day the
26    prohibited relationship occurs; in cases under

 

 

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1    subparagraph (g), $50,000 for each such act; in cases
2    under subparagraph (h), $50,000 for each false record or
3    statement; in cases under subparagraph (i), $15,000 for
4    each day of the failure described in such subparagraph; or
5    in cases under subparagraph (k), $50,000 for each false
6    statement, omission, or misrepresentation of a material
7    fact). In addition, such a person shall be subject to an
8    assessment of not more than 3 times the amount claimed for
9    each such item or service in lieu of damages sustained by
10    the State because of such claim (or, in cases under
11    subparagraph (g), damages of not more than 3 times the
12    total amount of remuneration offered, paid, solicited, or
13    received, without regard to whether a portion of such
14    remuneration was offered, paid, solicited, or received for
15    a lawful purpose; or in cases under subparagraph (k), an
16    assessment of not more than 3 times the total amount
17    claimed for each item or service for which payment was
18    made based upon the application, bid, or contract
19    containing the false statement, omission, or
20    misrepresentation of a material fact).
21        (3) In addition, the Director or his or her designee
22    may make a determination in the same proceeding to
23    exclude, terminate, suspend, or bar the person from
24    participation in the medical assistance program.
25        (4) The Illinois Department may seek the civil
26    monetary penalties and exclusion, termination, suspension,

 

 

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1    or barment identified in this subsection (E-5). Prior to
2    the imposition of any penalties or sanctions, the affected
3    person shall be afforded an opportunity for a hearing
4    after reasonable notice. The Department shall establish
5    hearing procedures by rule.
6        (5) Any final order, decision, or other determination
7    made, issued, or executed by the Director under the
8    provisions of this subsection (E-5), whereby a person is
9    aggrieved, shall be subject to review in accordance with
10    the provisions of the Administrative Review Law, and the
11    rules adopted pursuant thereto, which shall apply to and
12    govern all proceedings for the judicial review of final
13    administrative decisions of the Director.
14        (6)(a) If a person has received an overpayment, the
15    person shall:
16            (i) report and return the overpayment to the
17        Department at the correct address; and
18            (ii) notify the Department in writing of the
19        reason for the overpayment.
20        (b) An overpayment must be reported and returned under
21    subparagraph (a) by the later of:
22            (i) the date which is 60 days after the date on
23        which the overpayment was identified; or
24            (ii) the date any corresponding cost report is
25        due, if applicable.
26    (E-10) A vendor who disputes an overpayment identified as

 

 

HB3655- 1068 -LRB102 16922 WGH 22334 b

1part of a Department audit shall utilize the Department's
2self-referral disclosure protocol as set forth under this Code
3to identify, investigate, and return to the Department any
4undisputed audit overpayment amount. Unless the disputed
5overpayment amount is subject to a fraud payment suspension,
6or involves a termination sanction, the Department shall defer
7the recovery of the disputed overpayment amount up to one year
8after the date of the Department's final audit determination,
9or earlier, or as required by State or federal law. If the
10administrative hearing extends beyond one year, and such delay
11was not caused by the request of the vendor, then the
12Department shall not recover the disputed overpayment amount
13until the date of the final administrative decision. If a
14final administrative decision establishes that the disputed
15overpayment amount is owed to the Department, then the amount
16shall be immediately due to the Department. The Department
17shall be entitled to recover interest from the vendor on the
18overpayment amount from the date of the overpayment through
19the date the vendor returns the overpayment to the Department
20at a rate not to exceed the Wall Street Journal Prime Rate, as
21published from time to time, but not to exceed 5%. Any interest
22billed by the Department shall be due immediately upon receipt
23of the Department's billing statement.
24    (F) The Illinois Department may withhold payments to any
25vendor or alternate payee prior to or during the pendency of
26any audit or proceeding under this Section, and through the

 

 

HB3655- 1069 -LRB102 16922 WGH 22334 b

1pendency of any administrative appeal or administrative review
2by any court proceeding. The Illinois Department shall state
3by rule with as much specificity as practicable the conditions
4under which payments will not be withheld under this Section.
5Payments may be denied for bills submitted with service dates
6occurring during the pendency of a proceeding, after a final
7decision has been rendered, or after the conclusion of any
8administrative appeal, where the final administrative decision
9is to terminate, exclude, or suspend eligibility to
10participate in the medical assistance program. The Illinois
11Department shall state by rule with as much specificity as
12practicable the conditions under which payments will not be
13denied for such bills. The Illinois Department shall state by
14rule a process and criteria by which a vendor or alternate
15payee may request full or partial release of payments withheld
16under this subsection. The Department must complete a
17proceeding under this Section in a timely manner.
18    Notwithstanding recovery allowed under subsection (E) or
19this subsection (F), the Illinois Department may withhold
20payments to any vendor or alternate payee who is not properly
21licensed, certified, or in compliance with State or federal
22agency regulations. Payments may be denied for bills submitted
23with service dates occurring during the period of time that a
24vendor is not properly licensed, certified, or in compliance
25with State or federal regulations. Facilities licensed under
26the Nursing Home Care Act shall have payments denied or

 

 

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1withheld pursuant to subsection (I) of this Section.
2    (F-5) The Illinois Department may temporarily withhold
3payments to a vendor or alternate payee if any of the following
4individuals have been indicted or otherwise charged under a
5law of the United States or this or any other state with an
6offense that is based on alleged fraud or willful
7misrepresentation on the part of the individual related to (i)
8the medical assistance program under Article V of this Code,
9(ii) a federal or another state's medical assistance or health
10care program, or (iii) the provision of health care services:
11        (1) If the vendor or alternate payee is a corporation:
12    an officer of the corporation or an individual who owns,
13    either directly or indirectly, 5% or more of the shares of
14    stock or other evidence of ownership of the corporation.
15        (2) If the vendor is a sole proprietorship: the owner
16    of the sole proprietorship.
17        (3) If the vendor or alternate payee is a partnership:
18    a partner in the partnership.
19        (4) If the vendor or alternate payee is any other
20    business entity authorized by law to transact business in
21    this State: an officer of the entity or an individual who
22    owns, either directly or indirectly, 5% or more of the
23    evidences of ownership of the entity.
24    If the Illinois Department withholds payments to a vendor
25or alternate payee under this subsection, the Department shall
26not release those payments to the vendor or alternate payee

 

 

HB3655- 1071 -LRB102 16922 WGH 22334 b

1while any criminal proceeding related to the indictment or
2charge is pending unless the Department determines that there
3is good cause to release the payments before completion of the
4proceeding. If the indictment or charge results in the
5individual's conviction, the Illinois Department shall retain
6all withheld payments, which shall be considered forfeited to
7the Department. If the indictment or charge does not result in
8the individual's conviction, the Illinois Department shall
9release to the vendor or alternate payee all withheld
10payments.
11    (F-10) If the Illinois Department establishes that the
12vendor or alternate payee owes a debt to the Illinois
13Department, and the vendor or alternate payee subsequently
14fails to pay or make satisfactory payment arrangements with
15the Illinois Department for the debt owed, the Illinois
16Department may seek all remedies available under the law of
17this State to recover the debt, including, but not limited to,
18wage garnishment or the filing of claims or liens against the
19vendor or alternate payee.
20    (F-15) Enforcement of judgment.
21        (1) Any fine, recovery amount, other sanction, or
22    costs imposed, or part of any fine, recovery amount, other
23    sanction, or cost imposed, remaining unpaid after the
24    exhaustion of or the failure to exhaust judicial review
25    procedures under the Illinois Administrative Review Law is
26    a debt due and owing the State and may be collected using

 

 

HB3655- 1072 -LRB102 16922 WGH 22334 b

1    all remedies available under the law.
2        (2) After expiration of the period in which judicial
3    review under the Illinois Administrative Review Law may be
4    sought for a final administrative decision, unless stayed
5    by a court of competent jurisdiction, the findings,
6    decision, and order of the Director may be enforced in the
7    same manner as a judgment entered by a court of competent
8    jurisdiction.
9        (3) In any case in which any person or entity has
10    failed to comply with a judgment ordering or imposing any
11    fine or other sanction, any expenses incurred by the
12    Illinois Department to enforce the judgment, including,
13    but not limited to, attorney's fees, court costs, and
14    costs related to property demolition or foreclosure, after
15    they are fixed by a court of competent jurisdiction or the
16    Director, shall be a debt due and owing the State and may
17    be collected in accordance with applicable law. Prior to
18    any expenses being fixed by a final administrative
19    decision pursuant to this subsection (F-15), the Illinois
20    Department shall provide notice to the individual or
21    entity that states that the individual or entity shall
22    appear at a hearing before the administrative hearing
23    officer to determine whether the individual or entity has
24    failed to comply with the judgment. The notice shall set
25    the date for such a hearing, which shall not be less than 7
26    days from the date that notice is served. If notice is

 

 

HB3655- 1073 -LRB102 16922 WGH 22334 b

1    served by mail, the 7-day period shall begin to run on the
2    date that the notice was deposited in the mail.
3        (4) Upon being recorded in the manner required by
4    Article XII of the Code of Civil Procedure or by the
5    Uniform Commercial Code, a lien shall be imposed on the
6    real estate or personal estate, or both, of the individual
7    or entity in the amount of any debt due and owing the State
8    under this Section. The lien may be enforced in the same
9    manner as a judgment of a court of competent jurisdiction.
10    A lien shall attach to all property and assets of such
11    person, firm, corporation, association, agency,
12    institution, or other legal entity until the judgment is
13    satisfied.
14        (5) The Director may set aside any judgment entered by
15    default and set a new hearing date upon a petition filed at
16    any time (i) if the petitioner's failure to appear at the
17    hearing was for good cause, or (ii) if the petitioner
18    established that the Department did not provide proper
19    service of process. If any judgment is set aside pursuant
20    to this paragraph (5), the hearing officer shall have
21    authority to enter an order extinguishing any lien which
22    has been recorded for any debt due and owing the Illinois
23    Department as a result of the vacated default judgment.
24    (G) The provisions of the Administrative Review Law, as
25now or hereafter amended, and the rules adopted pursuant
26thereto, shall apply to and govern all proceedings for the

 

 

HB3655- 1074 -LRB102 16922 WGH 22334 b

1judicial review of final administrative decisions of the
2Illinois Department under this Section. The term
3"administrative decision" is defined as in Section 3-101 of
4the Code of Civil Procedure.
5    (G-5) Vendors who pose a risk of fraud, waste, abuse, or
6harm.
7        (1) Notwithstanding any other provision in this
8    Section, the Department may terminate, suspend, or exclude
9    vendors who pose a risk of fraud, waste, abuse, or harm
10    from participation in the medical assistance program prior
11    to an evidentiary hearing but after reasonable notice and
12    opportunity to respond as established by the Department by
13    rule.
14        (2) Vendors who pose a risk of fraud, waste, abuse, or
15    harm shall submit to a fingerprint-based criminal
16    background check on current and future information
17    available in the State system and current information
18    available through the Federal Bureau of Investigation's
19    system by submitting all necessary fees and information in
20    the form and manner prescribed by the Illinois Department
21    of State Police. The following individuals shall be
22    subject to the check:
23            (A) In the case of a vendor that is a corporation,
24        every shareholder who owns, directly or indirectly, 5%
25        or more of the outstanding shares of the corporation.
26            (B) In the case of a vendor that is a partnership,

 

 

HB3655- 1075 -LRB102 16922 WGH 22334 b

1        every partner.
2            (C) In the case of a vendor that is a sole
3        proprietorship, the sole proprietor.
4            (D) Each officer or manager of the vendor.
5        Each such vendor shall be responsible for payment of
6    the cost of the criminal background check.
7        (3) Vendors who pose a risk of fraud, waste, abuse, or
8    harm may be required to post a surety bond. The Department
9    shall establish, by rule, the criteria and requirements
10    for determining when a surety bond must be posted and the
11    value of the bond.
12        (4) The Department, or its agents, may refuse to
13    accept requests for authorization from specific vendors
14    who pose a risk of fraud, waste, abuse, or harm, including
15    prior-approval and post-approval requests, if:
16            (A) the Department has initiated a notice of
17        termination, suspension, or exclusion of the vendor
18        from participation in the medical assistance program;
19        or
20            (B) the Department has issued notification of its
21        withholding of payments pursuant to subsection (F-5)
22        of this Section; or
23            (C) the Department has issued a notification of
24        its withholding of payments due to reliable evidence
25        of fraud or willful misrepresentation pending
26        investigation.

 

 

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1        (5) As used in this subsection, the following terms
2    are defined as follows:
3            (A) "Fraud" means an intentional deception or
4        misrepresentation made by a person with the knowledge
5        that the deception could result in some unauthorized
6        benefit to himself or herself or some other person. It
7        includes any act that constitutes fraud under
8        applicable federal or State law.
9            (B) "Abuse" means provider practices that are
10        inconsistent with sound fiscal, business, or medical
11        practices and that result in an unnecessary cost to
12        the medical assistance program or in reimbursement for
13        services that are not medically necessary or that fail
14        to meet professionally recognized standards for health
15        care. It also includes recipient practices that result
16        in unnecessary cost to the medical assistance program.
17        Abuse does not include diagnostic or therapeutic
18        measures conducted primarily as a safeguard against
19        possible vendor liability.
20            (C) "Waste" means the unintentional misuse of
21        medical assistance resources, resulting in unnecessary
22        cost to the medical assistance program. Waste does not
23        include diagnostic or therapeutic measures conducted
24        primarily as a safeguard against possible vendor
25        liability.
26            (D) "Harm" means physical, mental, or monetary

 

 

HB3655- 1077 -LRB102 16922 WGH 22334 b

1        damage to recipients or to the medical assistance
2        program.
3    (G-6) The Illinois Department, upon making a determination
4based upon information in the possession of the Illinois
5Department that continuation of participation in the medical
6assistance program by a vendor would constitute an immediate
7danger to the public, may immediately suspend such vendor's
8participation in the medical assistance program without a
9hearing. In instances in which the Illinois Department
10immediately suspends the medical assistance program
11participation of a vendor under this Section, a hearing upon
12the vendor's participation must be convened by the Illinois
13Department within 15 days after such suspension and completed
14without appreciable delay. Such hearing shall be held to
15determine whether to recommend to the Director that the
16vendor's medical assistance program participation be denied,
17terminated, suspended, placed on provisional status, or
18reinstated. In the hearing, any evidence relevant to the
19vendor constituting an immediate danger to the public may be
20introduced against such vendor; provided, however, that the
21vendor, or his or her counsel, shall have the opportunity to
22discredit, impeach, and submit evidence rebutting such
23evidence.
24    (H) Nothing contained in this Code shall in any way limit
25or otherwise impair the authority or power of any State agency
26responsible for licensing of vendors.

 

 

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1    (I) Based on a finding of noncompliance on the part of a
2nursing home with any requirement for certification under
3Title XVIII or XIX of the Social Security Act (42 U.S.C. Sec.
41395 et seq. or 42 U.S.C. Sec. 1396 et seq.), the Illinois
5Department may impose one or more of the following remedies
6after notice to the facility:
7        (1) Termination of the provider agreement.
8        (2) Temporary management.
9        (3) Denial of payment for new admissions.
10        (4) Civil money penalties.
11        (5) Closure of the facility in emergency situations or
12    transfer of residents, or both.
13        (6) State monitoring.
14        (7) Denial of all payments when the U.S. Department of
15    Health and Human Services has imposed this sanction.
16    The Illinois Department shall by rule establish criteria
17governing continued payments to a nursing facility subsequent
18to termination of the facility's provider agreement if, in the
19sole discretion of the Illinois Department, circumstances
20affecting the health, safety, and welfare of the facility's
21residents require those continued payments. The Illinois
22Department may condition those continued payments on the
23appointment of temporary management, sale of the facility to
24new owners or operators, or other arrangements that the
25Illinois Department determines best serve the needs of the
26facility's residents.

 

 

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1    Except in the case of a facility that has a right to a
2hearing on the finding of noncompliance before an agency of
3the federal government, a facility may request a hearing
4before a State agency on any finding of noncompliance within
560 days after the notice of the intent to impose a remedy.
6Except in the case of civil money penalties, a request for a
7hearing shall not delay imposition of the penalty. The choice
8of remedies is not appealable at a hearing. The level of
9noncompliance may be challenged only in the case of a civil
10money penalty. The Illinois Department shall provide by rule
11for the State agency that will conduct the evidentiary
12hearings.
13    The Illinois Department may collect interest on unpaid
14civil money penalties.
15    The Illinois Department may adopt all rules necessary to
16implement this subsection (I).
17    (J) The Illinois Department, by rule, may permit
18individual practitioners to designate that Department payments
19that may be due the practitioner be made to an alternate payee
20or alternate payees.
21        (a) Such alternate payee or alternate payees shall be
22    required to register as an alternate payee in the Medical
23    Assistance Program with the Illinois Department.
24        (b) If a practitioner designates an alternate payee,
25    the alternate payee and practitioner shall be jointly and
26    severally liable to the Department for payments made to

 

 

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1    the alternate payee. Pursuant to subsection (E) of this
2    Section, any Department action to suspend or deny payment
3    or recover money or overpayments from an alternate payee
4    shall be subject to an administrative hearing.
5        (c) Registration as an alternate payee or alternate
6    payees in the Illinois Medical Assistance Program shall be
7    conditional. At any time, the Illinois Department may deny
8    or cancel any alternate payee's registration in the
9    Illinois Medical Assistance Program without cause. Any
10    such denial or cancellation is not subject to an
11    administrative hearing.
12        (d) The Illinois Department may seek a revocation of
13    any alternate payee, and all owners, officers, and
14    individuals with management responsibility for such
15    alternate payee shall be permanently prohibited from
16    participating as an owner, an officer, or an individual
17    with management responsibility with an alternate payee in
18    the Illinois Medical Assistance Program, if after
19    reasonable notice and opportunity for a hearing the
20    Illinois Department finds that:
21            (1) the alternate payee is not complying with the
22        Department's policy or rules and regulations, or with
23        the terms and conditions prescribed by the Illinois
24        Department in its alternate payee registration
25        agreement; or
26            (2) the alternate payee has failed to keep or make

 

 

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1        available for inspection, audit, or copying, after
2        receiving a written request from the Illinois
3        Department, such records regarding payments claimed as
4        an alternate payee; or
5            (3) the alternate payee has failed to furnish any
6        information requested by the Illinois Department
7        regarding payments claimed as an alternate payee; or
8            (4) the alternate payee has knowingly made, or
9        caused to be made, any false statement or
10        representation of a material fact in connection with
11        the administration of the Illinois Medical Assistance
12        Program; or
13            (5) the alternate payee, a person with management
14        responsibility for an alternate payee, an officer or
15        person owning, either directly or indirectly, 5% or
16        more of the shares of stock or other evidences of
17        ownership in a corporate alternate payee, or a partner
18        in a partnership which is an alternate payee:
19                (a) was previously terminated, suspended, or
20            excluded from participation as a vendor in the
21            Illinois Medical Assistance Program, or was
22            previously revoked as an alternate payee in the
23            Illinois Medical Assistance Program, or was
24            terminated, suspended, or excluded from
25            participation as a vendor in a medical assistance
26            program in another state that is of the same kind

 

 

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1            as the program of medical assistance provided
2            under Article V of this Code; or
3                (b) was a person with management
4            responsibility for a vendor previously terminated,
5            suspended, or excluded from participation as a
6            vendor in the Illinois Medical Assistance Program,
7            or was previously revoked as an alternate payee in
8            the Illinois Medical Assistance Program, or was
9            terminated, suspended, or excluded from
10            participation as a vendor in a medical assistance
11            program in another state that is of the same kind
12            as the program of medical assistance provided
13            under Article V of this Code, during the time of
14            conduct which was the basis for that vendor's
15            termination, suspension, or exclusion or alternate
16            payee's revocation; or
17                (c) was an officer, or person owning, either
18            directly or indirectly, 5% or more of the shares
19            of stock or other evidences of ownership in a
20            corporate vendor previously terminated, suspended,
21            or excluded from participation as a vendor in the
22            Illinois Medical Assistance Program, or was
23            previously revoked as an alternate payee in the
24            Illinois Medical Assistance Program, or was
25            terminated, suspended, or excluded from
26            participation as a vendor in a medical assistance

 

 

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1            program in another state that is of the same kind
2            as the program of medical assistance provided
3            under Article V of this Code, during the time of
4            conduct which was the basis for that vendor's
5            termination, suspension, or exclusion; or
6                (d) was an owner of a sole proprietorship or
7            partner in a partnership previously terminated,
8            suspended, or excluded from participation as a
9            vendor in the Illinois Medical Assistance Program,
10            or was previously revoked as an alternate payee in
11            the Illinois Medical Assistance Program, or was
12            terminated, suspended, or excluded from
13            participation as a vendor in a medical assistance
14            program in another state that is of the same kind
15            as the program of medical assistance provided
16            under Article V of this Code, during the time of
17            conduct which was the basis for that vendor's
18            termination, suspension, or exclusion or alternate
19            payee's revocation; or
20            (6) the alternate payee, a person with management
21        responsibility for an alternate payee, an officer or
22        person owning, either directly or indirectly, 5% or
23        more of the shares of stock or other evidences of
24        ownership in a corporate alternate payee, or a partner
25        in a partnership which is an alternate payee:
26                (a) has engaged in conduct prohibited by

 

 

HB3655- 1084 -LRB102 16922 WGH 22334 b

1            applicable federal or State law or regulation
2            relating to the Illinois Medical Assistance
3            Program; or
4                (b) was a person with management
5            responsibility for a vendor or alternate payee at
6            the time that the vendor or alternate payee
7            engaged in practices prohibited by applicable
8            federal or State law or regulation relating to the
9            Illinois Medical Assistance Program; or
10                (c) was an officer, or person owning, either
11            directly or indirectly, 5% or more of the shares
12            of stock or other evidences of ownership in a
13            vendor or alternate payee at the time such vendor
14            or alternate payee engaged in practices prohibited
15            by applicable federal or State law or regulation
16            relating to the Illinois Medical Assistance
17            Program; or
18                (d) was an owner of a sole proprietorship or
19            partner in a partnership which was a vendor or
20            alternate payee at the time such vendor or
21            alternate payee engaged in practices prohibited by
22            applicable federal or State law or regulation
23            relating to the Illinois Medical Assistance
24            Program; or
25            (7) the direct or indirect ownership of the vendor
26        or alternate payee (including the ownership of a

 

 

HB3655- 1085 -LRB102 16922 WGH 22334 b

1        vendor or alternate payee that is a partner's interest
2        in a vendor or alternate payee, or ownership of 5% or
3        more of the shares of stock or other evidences of
4        ownership in a corporate vendor or alternate payee)
5        has been transferred by an individual who is
6        terminated, suspended, or excluded or barred from
7        participating as a vendor or is prohibited or revoked
8        as an alternate payee to the individual's spouse,
9        child, brother, sister, parent, grandparent,
10        grandchild, uncle, aunt, niece, nephew, cousin, or
11        relative by marriage.
12    (K) The Illinois Department of Healthcare and Family
13Services may withhold payments, in whole or in part, to a
14provider or alternate payee where there is credible evidence,
15received from State or federal law enforcement or federal
16oversight agencies or from the results of a preliminary
17Department audit, that the circumstances giving rise to the
18need for a withholding of payments may involve fraud or
19willful misrepresentation under the Illinois Medical
20Assistance program. The Department shall by rule define what
21constitutes "credible" evidence for purposes of this
22subsection. The Department may withhold payments without first
23notifying the provider or alternate payee of its intention to
24withhold such payments. A provider or alternate payee may
25request a reconsideration of payment withholding, and the
26Department must grant such a request. The Department shall

 

 

HB3655- 1086 -LRB102 16922 WGH 22334 b

1state by rule a process and criteria by which a provider or
2alternate payee may request full or partial release of
3payments withheld under this subsection. This request may be
4made at any time after the Department first withholds such
5payments.
6        (a) The Illinois Department must send notice of its
7    withholding of program payments within 5 days of taking
8    such action. The notice must set forth the general
9    allegations as to the nature of the withholding action,
10    but need not disclose any specific information concerning
11    its ongoing investigation. The notice must do all of the
12    following:
13            (1) State that payments are being withheld in
14        accordance with this subsection.
15            (2) State that the withholding is for a temporary
16        period, as stated in paragraph (b) of this subsection,
17        and cite the circumstances under which withholding
18        will be terminated.
19            (3) Specify, when appropriate, which type or types
20        of Medicaid claims withholding is effective.
21            (4) Inform the provider or alternate payee of the
22        right to submit written evidence for reconsideration
23        of the withholding by the Illinois Department.
24            (5) Inform the provider or alternate payee that a
25        written request may be made to the Illinois Department
26        for full or partial release of withheld payments and

 

 

HB3655- 1087 -LRB102 16922 WGH 22334 b

1        that such requests may be made at any time after the
2        Department first withholds such payments.
3        (b) All withholding-of-payment actions under this
4    subsection shall be temporary and shall not continue after
5    any of the following:
6            (1) The Illinois Department or the prosecuting
7        authorities determine that there is insufficient
8        evidence of fraud or willful misrepresentation by the
9        provider or alternate payee.
10            (2) Legal proceedings related to the provider's or
11        alternate payee's alleged fraud, willful
12        misrepresentation, violations of this Act, or
13        violations of the Illinois Department's administrative
14        rules are completed.
15            (3) The withholding of payments for a period of 3
16        years.
17        (c) The Illinois Department may adopt all rules
18    necessary to implement this subsection (K).
19    (K-5) The Illinois Department may withhold payments, in
20whole or in part, to a provider or alternate payee upon
21initiation of an audit, quality of care review, investigation
22when there is a credible allegation of fraud, or the provider
23or alternate payee demonstrating a clear failure to cooperate
24with the Illinois Department such that the circumstances give
25rise to the need for a withholding of payments. As used in this
26subsection, "credible allegation" is defined to include an

 

 

HB3655- 1088 -LRB102 16922 WGH 22334 b

1allegation from any source, including, but not limited to,
2fraud hotline complaints, claims data mining, patterns
3identified through provider audits, civil actions filed under
4the Illinois False Claims Act, and law enforcement
5investigations. An allegation is considered to be credible
6when it has indicia of reliability. The Illinois Department
7may withhold payments without first notifying the provider or
8alternate payee of its intention to withhold such payments. A
9provider or alternate payee may request a hearing or a
10reconsideration of payment withholding, and the Illinois
11Department must grant such a request. The Illinois Department
12shall state by rule a process and criteria by which a provider
13or alternate payee may request a hearing or a reconsideration
14for the full or partial release of payments withheld under
15this subsection. This request may be made at any time after the
16Illinois Department first withholds such payments.
17        (a) The Illinois Department must send notice of its
18    withholding of program payments within 5 days of taking
19    such action. The notice must set forth the general
20    allegations as to the nature of the withholding action but
21    need not disclose any specific information concerning its
22    ongoing investigation. The notice must do all of the
23    following:
24            (1) State that payments are being withheld in
25        accordance with this subsection.
26            (2) State that the withholding is for a temporary

 

 

HB3655- 1089 -LRB102 16922 WGH 22334 b

1        period, as stated in paragraph (b) of this subsection,
2        and cite the circumstances under which withholding
3        will be terminated.
4            (3) Specify, when appropriate, which type or types
5        of claims are withheld.
6            (4) Inform the provider or alternate payee of the
7        right to request a hearing or a reconsideration of the
8        withholding by the Illinois Department, including the
9        ability to submit written evidence.
10            (5) Inform the provider or alternate payee that a
11        written request may be made to the Illinois Department
12        for a hearing or a reconsideration for the full or
13        partial release of withheld payments and that such
14        requests may be made at any time after the Illinois
15        Department first withholds such payments.
16        (b) All withholding of payment actions under this
17    subsection shall be temporary and shall not continue after
18    any of the following:
19            (1) The Illinois Department determines that there
20        is insufficient evidence of fraud, or the provider or
21        alternate payee demonstrates clear cooperation with
22        the Illinois Department, as determined by the Illinois
23        Department, such that the circumstances do not give
24        rise to the need for withholding of payments; or
25            (2) The withholding of payments has lasted for a
26        period in excess of 3 years.

 

 

HB3655- 1090 -LRB102 16922 WGH 22334 b

1        (c) The Illinois Department may adopt all rules
2    necessary to implement this subsection (K-5).
3    (L) The Illinois Department shall establish a protocol to
4enable health care providers to disclose an actual or
5potential violation of this Section pursuant to a
6self-referral disclosure protocol, referred to in this
7subsection as "the protocol". The protocol shall include
8direction for health care providers on a specific person,
9official, or office to whom such disclosures shall be made.
10The Illinois Department shall post information on the protocol
11on the Illinois Department's public website. The Illinois
12Department may adopt rules necessary to implement this
13subsection (L). In addition to other factors that the Illinois
14Department finds appropriate, the Illinois Department may
15consider a health care provider's timely use or failure to use
16the protocol in considering the provider's failure to comply
17with this Code.
18    (M) Notwithstanding any other provision of this Code, the
19Illinois Department, at its discretion, may exempt an entity
20licensed under the Nursing Home Care Act, the ID/DD Community
21Care Act, or the MC/DD Act from the provisions of subsections
22(A-15), (B), and (C) of this Section if the licensed entity is
23in receivership.
24(Source: P.A. 98-214, eff. 8-9-13; 98-550, eff. 8-27-13;
2598-756, eff. 7-16-14; 99-180, eff. 7-29-15.)
 

 

 

HB3655- 1091 -LRB102 16922 WGH 22334 b

1    Section 740. The Housing Authorities Act is amended by
2changing Section 25 as follows:
 
3    (310 ILCS 10/25)   (from Ch. 67 1/2, par. 25)
4    Sec. 25. Rentals and tenant selection. In the operation or
5management of housing projects an Authority shall at all times
6observe the following duties with respect to rentals and
7tenant selection:
8    (a) It shall not accept any person as a tenant in any
9dwelling in a housing project if the persons who would occupy
10the dwelling have an aggregate annual income which equals or
11exceeds the amount which the Authority determines (which
12determination shall be conclusive) to be necessary in order to
13enable such persons to secure safe, sanitary and uncongested
14dwelling accommodations within the area of operation of the
15Authority and to provide an adequate standard of living for
16themselves.
17    (b) It may rent or lease the dwelling accommodations
18therein only at rentals within the financial reach of persons
19who lack the amount of income which it determines (pursuant to
20(a) of this Section) to be necessary in order to obtain safe,
21sanitary and uncongested dwelling accommodations within the
22area of operation of the Authority and to provide an adequate
23standard of living.
24    (c) It may rent or lease to a tenant a dwelling consisting
25of the number of rooms (but no greater number) which it deems

 

 

HB3655- 1092 -LRB102 16922 WGH 22334 b

1necessary to provide safe and sanitary accommodations to the
2proposed occupants thereof, without overcrowding.
3    (d) It shall not change the residency preference of any
4prospective tenant once the application has been accepted by
5the authority.
6    (e) It may refuse to certify or recertify applicants,
7current tenants, or other household members if, after due
8notice and an impartial hearing, that person or any of the
9proposed occupants of the dwelling has, prior to or during a
10term of tenancy or occupancy in any housing project operated
11by an Authority, been convicted of a criminal offense relating
12to the sale or distribution of controlled substances under the
13laws of this State, the United States or any other state. If an
14Authority desires a criminal history records check of all 50
15states or a 50-state confirmation of a conviction record, the
16Authority shall submit the fingerprints of the relevant
17applicant, tenant, or other household member to the Illinois
18Department of State Police in a manner prescribed by the
19Illinois Department of State Police. These fingerprints shall
20be checked against the fingerprint records now and hereafter
21filed in the Illinois Department of State Police and Federal
22Bureau of Investigation criminal history records databases.
23The Illinois Department of State Police shall charge a fee for
24conducting the criminal history records check, which shall be
25deposited in the State Police Services Fund and shall not
26exceed the actual cost of the records check. The Illinois

 

 

HB3655- 1093 -LRB102 16922 WGH 22334 b

1Department of State Police shall furnish pursuant to positive
2identification, records of conviction to the Authority.
3    (f) It may, if a tenant has created or maintained a threat
4constituting a serious and clear danger to the health or
5safety of other tenants or Authority employees, after 3 days'
6written notice of termination and without a hearing, file suit
7against any such tenant for recovery of possession of the
8premises. The tenant shall be given the opportunity to contest
9the termination in the court proceedings. A serious and clear
10danger to the health or safety of other tenants or Authority
11employees shall include, but not be limited to, any of the
12following activities of the tenant or of any other person on
13the premises with the consent of the tenant:
14        (1) Physical assault or the threat of physical
15    assault.
16        (2) Illegal use of a firearm or other weapon or the
17    threat to use in an illegal manner a firearm or other
18    weapon.
19        (3) Possession of a controlled substance by the tenant
20    or any other person on the premises with the consent of the
21    tenant if the tenant knew or should have known of the
22    possession by the other person of a controlled substance,
23    unless the controlled substance was obtained directly from
24    or pursuant to a valid prescription.
25        (4) Streetgang membership as defined in the Illinois
26    Streetgang Terrorism Omnibus Prevention Act.

 

 

HB3655- 1094 -LRB102 16922 WGH 22334 b

1    The management of low-rent public housing projects
2financed and developed under the U.S. Housing Act of 1937
3shall be in accordance with that Act.
4    Nothing contained in this Section or any other Section of
5this Act shall be construed as limiting the power of an
6Authority to vest in a bondholder or trustee the right, in the
7event of a default by the Authority, to take possession and
8operate a housing project or cause the appointment of a
9receiver thereof, free from all restrictions imposed by this
10Section or any other Section of this Act.
11(Source: P.A. 93-418, eff. 1-1-04; 93-749, eff. 7-15-04.)
 
12    Section 745. The Adult Protective Services Act is amended
13by changing Section 3.5 as follows:
 
14    (320 ILCS 20/3.5)
15    Sec. 3.5. Other responsibilities. The Department shall
16also be responsible for the following activities, contingent
17upon adequate funding; implementation shall be expanded to
18adults with disabilities upon the effective date of this
19amendatory Act of the 98th General Assembly, except those
20responsibilities under subsection (a), which shall be
21undertaken as soon as practicable:
22        (a) promotion of a wide range of endeavors for the
23    purpose of preventing abuse, neglect, financial
24    exploitation, and self-neglect, including, but not limited

 

 

HB3655- 1095 -LRB102 16922 WGH 22334 b

1    to, promotion of public and professional education to
2    increase awareness of abuse, neglect, financial
3    exploitation, and self-neglect; to increase reports; to
4    establish access to and use of the Registry established
5    under Section 7.5; and to improve response by various
6    legal, financial, social, and health systems;
7        (b) coordination of efforts with other agencies,
8    councils, and like entities, to include but not be limited
9    to, the Administrative Office of the Illinois Courts, the
10    Office of the Attorney General, the Illinois State Police,
11    the Illinois Law Enforcement Training Standards Board, the
12    State Triad, the Illinois Criminal Justice Information
13    Authority, the Departments of Public Health, Healthcare
14    and Family Services, and Human Services, the Illinois
15    Guardianship and Advocacy Commission, the Family Violence
16    Coordinating Council, the Illinois Violence Prevention
17    Authority, and other entities which may impact awareness
18    of, and response to, abuse, neglect, financial
19    exploitation, and self-neglect;
20        (c) collection and analysis of data;
21        (d) monitoring of the performance of regional
22    administrative agencies and adult protective services
23    agencies;
24        (e) promotion of prevention activities;
25        (f) establishing and coordinating an aggressive
26    training program on the unique nature of adult abuse cases

 

 

HB3655- 1096 -LRB102 16922 WGH 22334 b

1    with other agencies, councils, and like entities, to
2    include but not be limited to the Office of the Attorney
3    General, the Illinois State Police, the Illinois Law
4    Enforcement Training Standards Board, the State Triad, the
5    Illinois Criminal Justice Information Authority, the State
6    Departments of Public Health, Healthcare and Family
7    Services, and Human Services, the Family Violence
8    Coordinating Council, the Illinois Violence Prevention
9    Authority, the agency designated by the Governor under
10    Section 1 of the Protection and Advocacy for Persons with
11    Developmental Disabilities Act, and other entities that
12    may impact awareness of and response to abuse, neglect,
13    financial exploitation, and self-neglect;
14        (g) solicitation of financial institutions for the
15    purpose of making information available to the general
16    public warning of financial exploitation of adults and
17    related financial fraud or abuse, including such
18    information and warnings available through signage or
19    other written materials provided by the Department on the
20    premises of such financial institutions, provided that the
21    manner of displaying or distributing such information is
22    subject to the sole discretion of each financial
23    institution;
24        (g-1) developing by joint rulemaking with the
25    Department of Financial and Professional Regulation
26    minimum training standards which shall be used by

 

 

HB3655- 1097 -LRB102 16922 WGH 22334 b

1    financial institutions for their current and new employees
2    with direct customer contact; the Department of Financial
3    and Professional Regulation shall retain sole visitation
4    and enforcement authority under this subsection (g-1); the
5    Department of Financial and Professional Regulation shall
6    provide bi-annual reports to the Department setting forth
7    aggregate statistics on the training programs required
8    under this subsection (g-1); and
9        (h) coordinating efforts with utility and electric
10    companies to send notices in utility bills to explain to
11    persons 60 years of age or older their rights regarding
12    telemarketing and home repair fraud.
13(Source: P.A. 98-49, eff. 7-1-13; 98-1039, eff. 8-25-14;
1499-143, eff. 7-27-15.)
 
15    Section 755. The Abused and Neglected Child Reporting Act
16is amended by changing Sections 7.3, 7.4, and 11.1 as follows:
 
17    (325 ILCS 5/7.3)  (from Ch. 23, par. 2057.3)
18    Sec. 7.3. (a) The Department shall be the sole agency
19responsible for receiving and investigating reports of child
20abuse or neglect made under this Act, including reports of
21adult resident abuse or neglect as defined in this Act, except
22where investigations by other agencies may be required with
23respect to reports alleging the abuse or neglect of a child by
24a person who is not the child's parent, a member of the child's

 

 

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1immediate family, a person responsible for the child's
2welfare, an individual residing in the same home as the child,
3or a paramour of the child's parent, the death of a child,
4serious injury to a child or sexual abuse to a child made
5pursuant to Sections 4.1 or 7 of this Act, and except that the
6Department may delegate the performance of the investigation
7to the Illinois Department of State Police, a law enforcement
8agency and to those private social service agencies which have
9been designated for this purpose by the Department prior to
10July 1, 1980.
11    (b) Notwithstanding any other provision of this Act, the
12Department shall adopt rules expressly allowing law
13enforcement personnel to investigate reports of suspected
14child abuse or neglect concurrently with the Department,
15without regard to whether the Department determines a report
16to be "indicated" or "unfounded" or deems a report to be
17"undetermined".
18    (c) By June 1, 2016, the Department shall adopt rules that
19address and set forth criteria and standards relevant to
20investigations of reports of abuse or neglect committed by any
21agency, as defined in Section 3 of this Act, or person working
22for an agency responsible for the welfare of a child or adult
23resident.
24(Source: P.A. 101-583, eff. 1-1-20.)
 
25    (325 ILCS 5/7.4)  (from Ch. 23, par. 2057.4)

 

 

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1    Sec. 7.4. (a) The Department shall be capable of receiving
2reports of suspected child abuse or neglect 24 hours a day, 7
3days a week. Whenever the Department receives a report
4alleging that a child is a truant as defined in Section 26-2a
5of the School Code, as now or hereafter amended, the
6Department shall notify the superintendent of the school
7district in which the child resides and the appropriate
8superintendent of the educational service region. The
9notification to the appropriate officials by the Department
10shall not be considered an allegation of abuse or neglect
11under this Act.
12    (a-5) The Department of Children and Family Services may
13implement a "differential response program" in accordance with
14criteria, standards, and procedures prescribed by rule. The
15program may provide that, upon receiving a report, the
16Department shall determine whether to conduct a family
17assessment or an investigation as appropriate to prevent or
18provide a remedy for child abuse or neglect.
19    For purposes of this subsection (a-5), "family assessment"
20means a comprehensive assessment of child safety, risk of
21subsequent child maltreatment, and family strengths and needs
22that is applied to a child maltreatment report that does not
23allege substantial child endangerment. "Family assessment"
24does not include a determination as to whether child
25maltreatment occurred but does determine the need for services
26to address the safety of family members and the risk of

 

 

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1subsequent maltreatment.
2    For purposes of this subsection (a-5), "investigation"
3means fact-gathering related to the current safety of a child
4and the risk of subsequent abuse or neglect that determines
5whether a report of suspected child abuse or neglect should be
6indicated or unfounded and whether child protective services
7are needed.
8    Under the "differential response program" implemented
9under this subsection (a-5), the Department:
10        (1) Shall conduct an investigation on reports
11    involving substantial child abuse or neglect.
12        (2) Shall begin an immediate investigation if, at any
13    time when it is using a family assessment response, it
14    determines that there is reason to believe that
15    substantial child abuse or neglect or a serious threat to
16    the child's safety exists.
17        (3) May conduct a family assessment for reports that
18    do not allege substantial child endangerment. In
19    determining that a family assessment is appropriate, the
20    Department may consider issues, including, but not limited
21    to, child safety, parental cooperation, and the need for
22    an immediate response.
23        (4) Shall promulgate criteria, standards, and
24    procedures that shall be applied in making this
25    determination, taking into consideration the Child
26    Endangerment Risk Assessment Protocol of the Department.

 

 

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1        (5) May conduct a family assessment on a report that
2    was initially screened and assigned for an investigation.
3    In determining that a complete investigation is not
4required, the Department must document the reason for
5terminating the investigation and notify the local law
6enforcement agency or the Illinois Department of State Police
7if the local law enforcement agency or Illinois Department of
8State Police is conducting a joint investigation.
9    Once it is determined that a "family assessment" will be
10implemented, the case shall not be reported to the central
11register of abuse and neglect reports.
12    During a family assessment, the Department shall collect
13any available and relevant information to determine child
14safety, risk of subsequent abuse or neglect, and family
15strengths.
16    Information collected includes, but is not limited to,
17when relevant: information with regard to the person reporting
18the alleged abuse or neglect, including the nature of the
19reporter's relationship to the child and to the alleged
20offender, and the basis of the reporter's knowledge for the
21report; the child allegedly being abused or neglected; the
22alleged offender; the child's caretaker; and other collateral
23sources having relevant information related to the alleged
24abuse or neglect. Information relevant to the assessment must
25be asked for, and may include:
26        (A) The child's sex and age, prior reports of abuse or

 

 

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1    neglect, information relating to developmental
2    functioning, credibility of the child's statement, and
3    whether the information provided under this paragraph (A)
4    is consistent with other information collected during the
5    course of the assessment or investigation.
6        (B) The alleged offender's age, a record check for
7    prior reports of abuse or neglect, and criminal charges
8    and convictions. The alleged offender may submit
9    supporting documentation relevant to the assessment.
10        (C) Collateral source information regarding the
11    alleged abuse or neglect and care of the child. Collateral
12    information includes, when relevant: (i) a medical
13    examination of the child; (ii) prior medical records
14    relating to the alleged maltreatment or care of the child
15    maintained by any facility, clinic, or health care
16    professional, and an interview with the treating
17    professionals; and (iii) interviews with the child's
18    caretakers, including the child's parent, guardian, foster
19    parent, child care provider, teachers, counselors, family
20    members, relatives, and other persons who may have
21    knowledge regarding the alleged maltreatment and the care
22    of the child.
23        (D) Information on the existence of domestic abuse and
24    violence in the home of the child, and substance abuse.
25    Nothing in this subsection (a-5) precludes the Department
26from collecting other relevant information necessary to

 

 

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1conduct the assessment or investigation. Nothing in this
2subsection (a-5) shall be construed to allow the name or
3identity of a reporter to be disclosed in violation of the
4protections afforded under Section 7.19 of this Act.
5    After conducting the family assessment, the Department
6shall determine whether services are needed to address the
7safety of the child and other family members and the risk of
8subsequent abuse or neglect.
9    Upon completion of the family assessment, if the
10Department concludes that no services shall be offered, then
11the case shall be closed. If the Department concludes that
12services shall be offered, the Department shall develop a
13family preservation plan and offer or refer services to the
14family.
15    At any time during a family assessment, if the Department
16believes there is any reason to stop the assessment and
17conduct an investigation based on the information discovered,
18the Department shall do so.
19    The procedures available to the Department in conducting
20investigations under this Act shall be followed as appropriate
21during a family assessment.
22    If the Department implements a differential response
23program authorized under this subsection (a-5), the Department
24shall arrange for an independent evaluation of the program for
25at least the first 3 years of implementation to determine
26whether it is meeting the goals in accordance with Section 2 of

 

 

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1this Act.
2    The Department may adopt administrative rules necessary
3for the execution of this Section, in accordance with Section
44 of the Children and Family Services Act.
5    The Department shall submit a report to the General
6Assembly by January 15, 2018 on the implementation progress
7and recommendations for additional needed legislative changes.
8    (b)(1) The following procedures shall be followed in the
9investigation of all reports of suspected abuse or neglect of
10a child, except as provided in subsection (c) of this Section.
11    (2) If, during a family assessment authorized by
12subsection (a-5) or an investigation, it appears that the
13immediate safety or well-being of a child is endangered, that
14the family may flee or the child disappear, or that the facts
15otherwise so warrant, the Child Protective Service Unit shall
16commence an investigation immediately, regardless of the time
17of day or night. All other investigations shall be commenced
18within 24 hours of receipt of the report. Upon receipt of a
19report, the Child Protective Service Unit shall conduct a
20family assessment authorized by subsection (a-5) or begin an
21initial investigation and make an initial determination
22whether the report is a good faith indication of alleged child
23abuse or neglect.
24    (3) Based on an initial investigation, if the Unit
25determines the report is a good faith indication of alleged
26child abuse or neglect, then a formal investigation shall

 

 

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1commence and, pursuant to Section 7.12 of this Act, may or may
2not result in an indicated report. The formal investigation
3shall include: direct contact with the subject or subjects of
4the report as soon as possible after the report is received; an
5evaluation of the environment of the child named in the report
6and any other children in the same environment; a
7determination of the risk to such children if they continue to
8remain in the existing environments, as well as a
9determination of the nature, extent and cause of any condition
10enumerated in such report; the name, age and condition of
11other children in the environment; and an evaluation as to
12whether there would be an immediate and urgent necessity to
13remove the child from the environment if appropriate family
14preservation services were provided. After seeing to the
15safety of the child or children, the Department shall
16forthwith notify the subjects of the report in writing, of the
17existence of the report and their rights existing under this
18Act in regard to amendment or expungement. To fulfill the
19requirements of this Section, the Child Protective Service
20Unit shall have the capability of providing or arranging for
21comprehensive emergency services to children and families at
22all times of the day or night.
23    (4) If (i) at the conclusion of the Unit's initial
24investigation of a report, the Unit determines the report to
25be a good faith indication of alleged child abuse or neglect
26that warrants a formal investigation by the Unit, the

 

 

HB3655- 1106 -LRB102 16922 WGH 22334 b

1Department, any law enforcement agency or any other
2responsible agency and (ii) the person who is alleged to have
3caused the abuse or neglect is employed or otherwise engaged
4in an activity resulting in frequent contact with children and
5the alleged abuse or neglect are in the course of such
6employment or activity, then the Department shall, except in
7investigations where the Director determines that such
8notification would be detrimental to the Department's
9investigation, inform the appropriate supervisor or
10administrator of that employment or activity that the Unit has
11commenced a formal investigation pursuant to this Act, which
12may or may not result in an indicated report. The Department
13shall also notify the person being investigated, unless the
14Director determines that such notification would be
15detrimental to the Department's investigation.
16    (c) In an investigation of a report of suspected abuse or
17neglect of a child by a school employee at a school or on
18school grounds, the Department shall make reasonable efforts
19to follow the following procedures:
20        (1) Investigations involving teachers shall not, to
21    the extent possible, be conducted when the teacher is
22    scheduled to conduct classes. Investigations involving
23    other school employees shall be conducted so as to
24    minimize disruption of the school day. The school employee
25    accused of child abuse or neglect may have his superior,
26    his association or union representative and his attorney

 

 

HB3655- 1107 -LRB102 16922 WGH 22334 b

1    present at any interview or meeting at which the teacher
2    or administrator is present. The accused school employee
3    shall be informed by a representative of the Department,
4    at any interview or meeting, of the accused school
5    employee's due process rights and of the steps in the
6    investigation process. These due process rights shall also
7    include the right of the school employee to present
8    countervailing evidence regarding the accusations. In an
9    investigation in which the alleged perpetrator of abuse or
10    neglect is a school employee, including, but not limited
11    to, a school teacher or administrator, and the
12    recommendation is to determine the report to be indicated,
13    in addition to other procedures as set forth and defined
14    in Department rules and procedures, the employee's due
15    process rights shall also include: (i) the right to a copy
16    of the investigation summary; (ii) the right to review the
17    specific allegations which gave rise to the investigation;
18    and (iii) the right to an administrator's teleconference
19    which shall be convened to provide the school employee
20    with the opportunity to present documentary evidence or
21    other information that supports his or her position and to
22    provide information before a final finding is entered.
23        (2) If a report of neglect or abuse of a child by a
24    teacher or administrator does not involve allegations of
25    sexual abuse or extreme physical abuse, the Child
26    Protective Service Unit shall make reasonable efforts to

 

 

HB3655- 1108 -LRB102 16922 WGH 22334 b

1    conduct the initial investigation in coordination with the
2    employee's supervisor.
3        If the Unit determines that the report is a good faith
4    indication of potential child abuse or neglect, it shall
5    then commence a formal investigation under paragraph (3)
6    of subsection (b) of this Section.
7        (3) If a report of neglect or abuse of a child by a
8    teacher or administrator involves an allegation of sexual
9    abuse or extreme physical abuse, the Child Protective Unit
10    shall commence an investigation under paragraph (2) of
11    subsection (b) of this Section.
12    (c-5) In any instance in which a report is made or caused
13to made by a school district employee involving the conduct of
14a person employed by the school district, at the time the
15report was made, as required under Section 4 of this Act, the
16Child Protective Service Unit shall send a copy of its final
17finding report to the general superintendent of that school
18district.
19    (c-10) The Department may recommend that a school district
20remove a school employee who is the subject of an
21investigation from his or her employment position pending the
22outcome of the investigation; however, all employment
23decisions regarding school personnel shall be the sole
24responsibility of the school district or employer. The
25Department may not require a school district to remove a
26school employee from his or her employment position or limit

 

 

HB3655- 1109 -LRB102 16922 WGH 22334 b

1the school employee's duties pending the outcome of an
2investigation.
3    (d) If the Department has contact with an employer, or
4with a religious institution or religious official having
5supervisory or hierarchical authority over a member of the
6clergy accused of the abuse of a child, in the course of its
7investigation, the Department shall notify the employer or the
8religious institution or religious official, in writing, when
9a report is unfounded so that any record of the investigation
10can be expunged from the employee's or member of the clergy's
11personnel or other records. The Department shall also notify
12the employee or the member of the clergy, in writing, that
13notification has been sent to the employer or to the
14appropriate religious institution or religious official
15informing the employer or religious institution or religious
16official that the Department's investigation has resulted in
17an unfounded report.
18    (d-1) Whenever a report alleges that a child was abused or
19neglected while receiving care in a hospital, including a
20freestanding psychiatric hospital licensed by the Department
21of Public Health, the Department shall send a copy of its final
22finding to the Director of Public Health and the Director of
23Healthcare and Family Services.
24    (e) Upon request by the Department, the Illinois
25Department of State Police and law enforcement agencies are
26authorized to provide criminal history record information as

 

 

HB3655- 1110 -LRB102 16922 WGH 22334 b

1defined in the Illinois Uniform Conviction Information Act and
2information maintained in the adjudicatory and dispositional
3record system as defined in Section 2605-355 of the Illinois
4Department of State Police Law (20 ILCS 2605/2605-355) to
5properly designated employees of the Department of Children
6and Family Services if the Department determines the
7information is necessary to perform its duties under the
8Abused and Neglected Child Reporting Act, the Child Care Act
9of 1969, and the Children and Family Services Act. The request
10shall be in the form and manner required by the Illinois
11Department of State Police. Any information obtained by the
12Department of Children and Family Services under this Section
13is confidential and may not be transmitted outside the
14Department of Children and Family Services other than to a
15court of competent jurisdiction or unless otherwise authorized
16by law. Any employee of the Department of Children and Family
17Services who transmits confidential information in violation
18of this Section or causes the information to be transmitted in
19violation of this Section is guilty of a Class A misdemeanor
20unless the transmittal of the information is authorized by
21this Section or otherwise authorized by law.
22    (f) For purposes of this Section, "child abuse or neglect"
23includes abuse or neglect of an adult resident as defined in
24this Act.
25(Source: P.A. 100-68, eff. 1-1-18; 100-176, eff. 1-1-18;
26100-191, eff. 1-1-18; 100-863, eff. 8-14-18; 101-43, eff.

 

 

HB3655- 1111 -LRB102 16922 WGH 22334 b

11-1-20.)
 
2    (325 ILCS 5/11.1)  (from Ch. 23, par. 2061.1)
3    Sec. 11.1. Access to records.
4    (a) A person shall have access to the records described in
5Section 11 only in furtherance of purposes directly connected
6with the administration of this Act or the Intergovernmental
7Missing Child Recovery Act of 1984. Those persons and purposes
8for access include:
9        (1) Department staff in the furtherance of their
10    responsibilities under this Act, or for the purpose of
11    completing background investigations on persons or
12    agencies licensed by the Department or with whom the
13    Department contracts for the provision of child welfare
14    services.
15        (2) A law enforcement agency investigating known or
16    suspected child abuse or neglect, known or suspected
17    involvement with child pornography, known or suspected
18    criminal sexual assault, known or suspected criminal
19    sexual abuse, or any other sexual offense when a child is
20    alleged to be involved.
21        (3) The Illinois Department of State Police when
22    administering the provisions of the Intergovernmental
23    Missing Child Recovery Act of 1984.
24        (4) A physician who has before him a child whom he
25    reasonably suspects may be abused or neglected.

 

 

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1        (5) A person authorized under Section 5 of this Act to
2    place a child in temporary protective custody when such
3    person requires the information in the report or record to
4    determine whether to place the child in temporary
5    protective custody.
6        (6) A person having the legal responsibility or
7    authorization to care for, treat, or supervise a child, or
8    a parent, prospective adoptive parent, foster parent,
9    guardian, or other person responsible for the child's
10    welfare, who is the subject of a report.
11        (7) Except in regard to harmful or detrimental
12    information as provided in Section 7.19, any subject of
13    the report, and if the subject of the report is a minor,
14    his guardian or guardian ad litem.
15        (8) A court, upon its finding that access to such
16    records may be necessary for the determination of an issue
17    before such court; however, such access shall be limited
18    to in camera inspection, unless the court determines that
19    public disclosure of the information contained therein is
20    necessary for the resolution of an issue then pending
21    before it.
22        (8.1) A probation officer or other authorized
23    representative of a probation or court services department
24    conducting an investigation ordered by a court under the
25    Juvenile Court Act of 1987.
26        (9) A grand jury, upon its determination that access

 

 

HB3655- 1113 -LRB102 16922 WGH 22334 b

1    to such records is necessary in the conduct of its
2    official business.
3        (10) Any person authorized by the Director, in
4    writing, for audit or bona fide research purposes.
5        (11) Law enforcement agencies, coroners or medical
6    examiners, physicians, courts, school superintendents and
7    child welfare agencies in other states who are responsible
8    for child abuse or neglect investigations or background
9    investigations.
10        (12) The Department of Professional Regulation, the
11    State Board of Education and school superintendents in
12    Illinois, who may use or disclose information from the
13    records as they deem necessary to conduct investigations
14    or take disciplinary action, as provided by law.
15        (13) A coroner or medical examiner who has reason to
16    believe that a child has died as the result of abuse or
17    neglect.
18        (14) The Director of a State-operated facility when an
19    employee of that facility is the perpetrator in an
20    indicated report.
21        (15) The operator of a licensed child care facility or
22    a facility licensed by the Department of Human Services
23    (as successor to the Department of Alcoholism and
24    Substance Abuse) in which children reside when a current
25    or prospective employee of that facility is the
26    perpetrator in an indicated child abuse or neglect report,

 

 

HB3655- 1114 -LRB102 16922 WGH 22334 b

1    pursuant to Section 4.3 of the Child Care Act of 1969.
2        (16) Members of a multidisciplinary team in the
3    furtherance of its responsibilities under subsection (b)
4    of Section 7.1. All reports concerning child abuse and
5    neglect made available to members of such
6    multidisciplinary teams and all records generated as a
7    result of such reports shall be confidential and shall not
8    be disclosed, except as specifically authorized by this
9    Act or other applicable law. It is a Class A misdemeanor to
10    permit, assist or encourage the unauthorized release of
11    any information contained in such reports or records.
12    Nothing contained in this Section prevents the sharing of
13    reports or records relating or pertaining to the death of
14    a minor under the care of or receiving services from the
15    Department of Children and Family Services and under the
16    jurisdiction of the juvenile court with the juvenile
17    court, the State's Attorney, and the minor's attorney.
18        (17) The Department of Human Services, as provided in
19    Section 17 of the Rehabilitation of Persons with
20    Disabilities Act.
21        (18) Any other agency or investigative body, including
22    the Department of Public Health and a local board of
23    health, authorized by State law to conduct an
24    investigation into the quality of care provided to
25    children in hospitals and other State regulated care
26    facilities.

 

 

HB3655- 1115 -LRB102 16922 WGH 22334 b

1        (19) The person appointed, under Section 2-17 of the
2    Juvenile Court Act of 1987, as the guardian ad litem of a
3    minor who is the subject of a report or records under this
4    Act; or the person appointed, under Section 5-610 of the
5    Juvenile Court Act of 1987, as the guardian ad litem of a
6    minor who is in the custody or guardianship of the
7    Department or who has an open intact family services case
8    with the Department and who is the subject of a report or
9    records made pursuant to this Act.
10        (20) The Department of Human Services, as provided in
11    Section 10 of the Early Intervention Services System Act,
12    and the operator of a facility providing early
13    intervention services pursuant to that Act, for the
14    purpose of determining whether a current or prospective
15    employee who provides or may provide direct services under
16    that Act is the perpetrator in an indicated report of
17    child abuse or neglect filed under this Act.
18    (b) Nothing contained in this Act prevents the sharing or
19disclosure of information or records relating or pertaining to
20juveniles subject to the provisions of the Serious Habitual
21Offender Comprehensive Action Program when that information is
22used to assist in the early identification and treatment of
23habitual juvenile offenders.
24    (c) To the extent that persons or agencies are given
25access to information pursuant to this Section, those persons
26or agencies may give this information to and receive this

 

 

HB3655- 1116 -LRB102 16922 WGH 22334 b

1information from each other in order to facilitate an
2investigation conducted by those persons or agencies.
3(Source: P.A. 100-158, eff. 1-1-18; 101-43, eff. 1-1-20.)
 
4    Section 760. The Intergovernmental Missing Child Recovery
5Act of 1984 is amended by changing Sections 2, 3, 3.5, 3.6, 6,
6and 7 as follows:
 
7    (325 ILCS 40/2)  (from Ch. 23, par. 2252)
8    Sec. 2. As used in this Act:
9    (a) (Blank). "Department" means the Department of State
10Police.
11    (b) "Director" means the Director of the Illinois
12Department of State Police.
13    (c) "Unit of local government" is defined as in Article
14VII, Section 1 of the Illinois Constitution and includes both
15home rule units and units which are not home rule units. The
16term is also defined to include all public school districts
17subject to the provisions of the School Code.
18    (d) "Child" means a person under 21 years of age.
19    (e) A "LEADS terminal" is an interactive computerized
20communication and processing unit which permits a direct
21on-line communication with the Illinois Department of State
22Police's central data repository, the Law Enforcement Agencies
23Data System (LEADS).
24    (f) A "primary contact agency" means a law enforcement

 

 

HB3655- 1117 -LRB102 16922 WGH 22334 b

1agency which maintains a LEADS terminal, or has immediate
2access to one on a 24-hour-per-day, 7-day-per-week basis by
3written agreement with another law enforcement agency.
4    (g) (Blank).
5    (h) "Missing child" means any person under 21 years of age
6whose whereabouts are unknown to his or her parents or legal
7guardian.
8    (i) "Exploitation" means activities and actions which
9include, but are not limited to, child pornography, aggravated
10child pornography, child prostitution, child sexual abuse,
11drug and substance abuse by children, and child suicide.
12    (j) (Blank).
13(Source: P.A. 96-1551, eff. 7-1-11; 97-938, eff. 1-1-13.)
 
14    (325 ILCS 40/3)  (from Ch. 23, par. 2253)
15    Sec. 3. The Illinois State Police Department shall
16establish a State Missing Persons Clearinghouse as a resource
17to promote an immediate and effective community response to
18missing children and may engage in, but shall not be limited
19to, the following activities:
20    (a) To establish and conduct programs to educate parents,
21children and communities in ways to prevent the abduction of
22children.
23    (b) To conduct training programs and distribute materials
24providing guidelines for children when dealing with strangers,
25casual acquaintances, or non-custodial parents, in order to

 

 

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1avoid abduction or kidnapping situations.
2    (c) To compile, maintain and make available data upon the
3request of law enforcement agencies and other entities deemed
4appropriate by the Illinois State Police Department to assist
5enforcement agencies in recovering missing children, including
6but not limited to data regarding the places of shelter
7commonly used by runaway children in a requested geographical
8area.
9    (d) To draft and implement plans for the most efficient
10use of available resources to publicize information regarding
11missing children.
12    (e) To establish and maintain contacts with other state
13missing persons clearinghouses, law enforcement agencies, and
14missing persons non-profit organizations in order to increase
15the probability of locating and returning missing children,
16and to otherwise assist in the recovery and tracking of
17missing children.
18    (f) To coordinate the tracking and recovery of children
19under the custody or guardianship of the Department of
20Children and Family Services whose disappearance has been
21reported and to produce an annual report indicating the number
22of children under the custody or guardianship of that
23Department who have been reported missing and the number who
24have been recovered.
25    (g) To conduct other activities as may be necessary to
26achieve the goals established by this Act.

 

 

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1(Source: P.A. 97-938, eff. 1-1-13.)
 
2    (325 ILCS 40/3.5)
3    Sec. 3.5. Contact with Department of Children and Family
4Services. For each child reported missing and entered into the
5LEADS network, the Illinois State Police Department shall, in
6the form and manner it determines, contact the Department of
7Children and Family Services to provide it with the name, age,
8and sex of the child, and the geographic area from which the
9child was reported missing so that the Department of Children
10and Family Services can determine if that child had been
11abandoned within the previous 2 months.
12(Source: P.A. 97-938, eff. 1-1-13.)
 
13    (325 ILCS 40/3.6)
14    Sec. 3.6. Department of Children and Family Services;
15missing persons. The Illinois State Police Department shall
16develop and conduct a training advisory for LEADS reporting of
17missing persons when the missing individual, regardless of
18age, is under the care and legal custody of the Department of
19Children and Family Services.
20(Source: P.A. 99-351, eff. 1-1-16.)
 
21    (325 ILCS 40/6)  (from Ch. 23, par. 2256)
22    Sec. 6. The Illinois State Police Department shall:
23    (a) Utilize the Establish and maintain a statewide Law

 

 

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1Enforcement Agencies Data System (LEADS) for the purpose of
2effecting an immediate law enforcement response to reports of
3missing children. The Illinois State Police Department shall
4implement an automated data exchange system to compile, to
5maintain and to make available for dissemination to Illinois
6and out-of-State law enforcement agencies, data which can
7assist appropriate agencies in recovering missing children.
8    (b) Establish contacts and exchange information regarding
9lost, missing or runaway children with nationally recognized
10"missing person and runaway" service organizations and monitor
11national research and publicize important developments.
12    (c) Provide a uniform reporting format for the entry of
13pertinent information regarding reports of missing children
14into LEADS.
15    (d) Develop and implement a policy whereby a statewide or
16regional alert would be used in situations relating to the
17disappearances of children, based on criteria and in a format
18established by the Illinois State Police Department. Such a
19format shall include, but not be limited to, the age and
20physical description of the missing child and the suspected
21circumstances of the disappearance.
22    (e) Notify all law enforcement agencies that reports of
23missing persons shall be entered as soon as the minimum level
24of data specified by the Illinois State Police Department is
25available to the reporting agency and that no waiting period
26for entry of such data exists.

 

 

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1    (f) Provide a procedure for prompt confirmation of the
2receipt and entry of the missing child report into LEADS to the
3parent or guardian of the missing child.
4    (g) Compile and retain information regarding missing
5children in a separate data file, in a manner that allows such
6information to be used by law enforcement and other agencies
7deemed appropriate by the Director, for investigative
8purposes. Such files shall be updated to reflect and include
9information relating to the disposition of the case.
10    (h) Compile and maintain an historic data repository
11relating to missing children in order (1) to develop and
12improve techniques utilized by law enforcement agencies when
13responding to reports of missing children and (2) to provide a
14factual and statistical base for research that would address
15the problem of missing children.
16    (i) Create a quality control program to monitor timeliness
17of entries of missing children reports into LEADS and conduct
18performance audits of all entering agencies.
19    (j) Prepare a periodic information bulletin concerning
20missing children who it determines may be present in this
21State, compiling such bulletin from information contained in
22both the National Crime Information Center computer and from
23reports, alerts and other information entered into LEADS or
24otherwise compiled and retained by the Illinois State Police
25Department pursuant to this Act. The bulletin shall indicate
26the name, age, physical description, suspected circumstances

 

 

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1of disappearance if that information is available, a
2photograph if one is available, the name of the law
3enforcement agency investigating the case, and such other
4information as the Director considers appropriate concerning
5each missing child who the Illinois State Police Department
6determines may be present in this State. The Illinois State
7Police Department shall send a copy of each periodic
8information bulletin to the State Board of Education for its
9use in accordance with Section 2-3.48 of the School Code. The
10Illinois State Police Department shall provide a copy of the
11bulletin, upon request, to law enforcement agencies of this or
12any other state or of the federal government, and may provide a
13copy of the bulletin, upon request, to other persons or
14entities, if deemed appropriate by the Director, and may
15establish limitations on its use and a reasonable fee for so
16providing the same, except that no fee shall be charged for
17providing the periodic information bulletin to the State Board
18of Education, appropriate units of local government, State
19agencies, or law enforcement agencies of this or any other
20state or of the federal government.
21    (k) Provide for the entry into LEADS of the names and
22addresses of sex offenders as defined in the Sex Offender
23Registration Act who are required to register under that Act.
24The information shall be immediately accessible to law
25enforcement agencies and peace officers of this State or any
26other state or of the federal government. Similar information

 

 

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1may be requested from any other state or of the federal
2government for purposes of this Act.
3    (l) Provide for the entry into LEADS of the names and
4addresses of violent offenders against youth as defined in the
5Murderer and Violent Offender Against Youth Registration Act
6who are required to register under that Act. The information
7shall be immediately accessible to law enforcement agencies
8and peace officers of this State or any other state or of the
9federal government. Similar information may be requested from
10any other state or of the federal government for purposes of
11this Act.
12(Source: P.A. 97-154, eff. 1-1-12.)
 
13    (325 ILCS 40/7)  (from Ch. 23, par. 2257)
14    Sec. 7. (a) All law enforcement agencies and policing
15bodies of this State shall, upon receipt of a report of a
16missing person, enter that report into LEADS as soon as the
17minimum level of data specified pursuant to subsection (e) of
18Section 6 is available and shall furnish the Illinois State
19Police Department, in the form and detail the Illinois State
20Police Department requires, (1) reports of cases of lost,
21missing or runaway children as they arise and the disposition
22of such cases, (2) information relating to sex crimes which
23occurred in their respective jurisdictions and which they
24investigated, and (3) the names and addresses of sex offenders
25required to register in their respective jurisdictions under

 

 

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1the Sex Offender Registration Act. Such information shall be
2submitted on a regular basis, as deemed necessary by the
3Illinois State Police Department, and shall be kept in a
4central automated data repository for the purpose of
5establishing profiles of sex offenders and victims and to
6assist all law enforcement agencies in the identification and
7apprehension of sex offenders.
8    (b) In addition to entering the report of a missing child
9into LEADS as prescribed by subsection (a), all law
10enforcement agencies shall, upon receipt of a report of a
11missing child:
12        (1) Immediately make a radio dispatch to officers on
13    duty at the time of receipt of the report. The dispatch
14    shall contain the name and approximate age of the missing
15    child and any other pertinent information available at
16    that time. In the event that the law enforcement agency
17    receiving the report of the missing child does not operate
18    a radio dispatch system, a geographically appropriate
19    radio dispatch system shall be used, such as the Illinois
20    State Police Emergency Radio Network or a similar
21    multi-agency law enforcement radio communication system
22    serving the area of the reporting agency.
23        In addition, in the event that a missing child is not
24    recovered during the work shift in which the radio
25    dispatch was made, the law enforcement agency receiving
26    the report of the missing child shall disseminate the

 

 

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1    information relating to the missing child to all sworn
2    personnel employed by the agency who work or are assigned
3    to other shifts or time periods.
4        (2) Immediately contact State Missing Persons
5    Clearinghouse personnel designated by the Illinois State
6    Police Department, by a means and in a manner and form
7    prescribed by the Illinois State Police Department,
8    informing the personnel of the report of the missing
9    child.
10(Source: P.A. 97-938, eff. 1-1-13.)
 
11    Section 765. The Missing Children Records Act is amended
12by changing Sections 1, 2, 3, 4, and 5 as follows:
 
13    (325 ILCS 50/1)  (from Ch. 23, par. 2281)
14    Sec. 1. Definitions. As used in this Act, unless the
15context requires otherwise:
16    (a) "Custodian" means the State Registrar of Vital
17Records, local registrars of vital records appointed by the
18State Registrar and county clerks.
19    (b) (Blank). "Department" means the Illinois Department of
20State Police.
21    (c) "Missing person" means a person 17 years old or
22younger reported to any law enforcement authority as abducted,
23lost or a runaway.
24    (d) "Registrar" means the State Registrar of Vital

 

 

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1Records.
2(Source: P.A. 84-1430.)
 
3    (325 ILCS 50/2)  (from Ch. 23, par. 2282)
4    Sec. 2. Illinois State Police Department duties. Upon
5entry of a report of a missing person born in Illinois into the
6Law Enforcement Agencies Data System (LEADS) established
7pursuant to the Intergovernmental Missing Child Recovery Act
8of 1984, the Illinois State Police Department shall notify the
9Registrar within 5 business days of the disappearance and
10shall provide the Registrar with information concerning the
11identity of the missing person. Upon entry of a report of a
12missing person born in a state other than Illinois into the Law
13Enforcement Agencies Data System (LEADS), the Illinois State
14Police Department shall notify the registrar, or other state
15agency responsible for vital records, in that state within 5
16business days of the disappearance and shall provide such
17registrar or other agency with information concerning the
18identity of the missing person.
19    If the Illinois State Police Department has reason to
20believe that a missing person has been enrolled in a specific
21Illinois elementary or secondary school, it shall notify the
22last such known school as to the disappearance at which time
23the school shall flag the missing child's record pursuant to
24Section 5.
25    Upon learning of the recovery of a missing person, the

 

 

HB3655- 1127 -LRB102 16922 WGH 22334 b

1Illinois State Police Department shall so notify the Registrar
2and any school previously informed of the person's
3disappearance.
4    The Illinois State Police Department shall by rule
5determine the manner and form of notices and information
6required by this Act.
7(Source: P.A. 84-1430.)
 
8    (325 ILCS 50/3)  (from Ch. 23, par. 2283)
9    Sec. 3. Registrar duties. Upon notification by the
10Illinois State Police Department that a person born in this
11State is missing, the Registrar shall flag the birth
12certificate record of that person in such a manner that
13whenever a copy of the birth certificate or information
14regarding the birth record is requested, the Registrar shall
15be alerted to the fact that the certificate is that of a
16missing person. The Registrar shall also notify the
17appropriate municipality or county custodians to likewise flag
18their records. Upon notification by the Illinois State Police
19Department that the missing person has been recovered, the
20Registrar shall remove the flag from the person's birth
21certificate record and shall notify any other previously
22notified municipality or county custodian to remove the flag
23from his record.
24(Source: P.A. 84-1430.)
 

 

 

HB3655- 1128 -LRB102 16922 WGH 22334 b

1    (325 ILCS 50/4)  (from Ch. 23, par. 2284)
2    Sec. 4. Custodian duties. (a) In response to any inquiry,
3a custodian shall not provide a copy of a birth certificate or
4information concerning the birth record of any person whose
5record is flagged pursuant to Section 3 except as approved by
6the Illinois State Police Department.
7    (b) When a copy of the birth certificate of a person whose
8record has been flagged is requested in person, the
9custodian's personnel accepting the request shall immediately
10notify his supervisor. The custodian's personnel shall then
11follow procedures prescribed by the Illinois State Police
12Department to clearly ascertain the identity of the person
13making the request, his address and his physical description.
14Such procedures shall include requiring the person making the
15request to complete a standardized information form and to
16present at least one form of photo identification. The
17custodian's personnel shall inform the person making the
18request that a copy of the certificate shall be mailed to him,
19and, upon the latter's departure from the custodian's office,
20his supervisor shall immediately notify the Illinois State
21Police Department or the local law enforcement authority as to
22the request and the information obtained pursuant to this
23subsection. The custodian shall retain the form completed by
24the person making the request.
25    (c) When a copy of the birth certificate of a person whose
26record has been flagged is requested in writing, the

 

 

HB3655- 1129 -LRB102 16922 WGH 22334 b

1custodian's personnel receiving the request shall immediately
2notify his supervisor. The supervisor shall immediately notify
3the Illinois State Police Department or local law enforcement
4authority as to the request and shall provide a copy of the
5written request. The custodian shall retain the original
6written request.
7(Source: P.A. 84-1430.)
 
8    (325 ILCS 50/5)  (from Ch. 23, par. 2285)
9    Sec. 5. Duties of school or other entity.
10    (a) Upon notification by the Illinois State Police
11Department of a person's disappearance, a school, preschool
12educational program, child care facility, or day care home or
13group day care home in which the person is currently or was
14previously enrolled shall flag the record of that person in
15such a manner that whenever a copy of or information regarding
16the record is requested, the school or other entity shall be
17alerted to the fact that the record is that of a missing
18person. The school or other entity shall immediately report to
19the Illinois State Police Department any request concerning
20flagged records or knowledge as to the whereabouts of any
21missing person. Upon notification by the Illinois State Police
22Department that the missing person has been recovered, the
23school or other entity shall remove the flag from the person's
24record.
25    (b) (1) For every child enrolled in a particular

 

 

HB3655- 1130 -LRB102 16922 WGH 22334 b

1elementary or secondary school, public or private preschool
2educational program, public or private child care facility
3licensed under the Child Care Act of 1969, or day care home or
4group day care home licensed under the Child Care Act of 1969,
5that school or other entity shall notify in writing the person
6enrolling the child that within 30 days he must provide either
7(i) a certified copy of the child's birth certificate or (ii)
8other reliable proof, as determined by the Illinois State
9Police Department, of the child's identity and age and an
10affidavit explaining the inability to produce a copy of the
11birth certificate. Other reliable proof of the child's
12identity and age shall include a passport, visa or other
13governmental documentation of the child's identity. When the
14person enrolling the child provides the school or other entity
15with a certified copy of the child's birth certificate, the
16school or other entity shall promptly make a copy of the
17certified copy for its records and return the original
18certified copy to the person enrolling the child. Once a
19school or other entity has been provided with a certified copy
20of a child's birth certificate as required under item (i) of
21this subdivision (b)(1), the school or other entity need not
22request another such certified copy with respect to that child
23for any other year in which the child is enrolled in that
24school or other entity.
25    (2) Upon the failure of a person enrolling a child to
26comply with subsection (b) (1), the school or other entity

 

 

HB3655- 1131 -LRB102 16922 WGH 22334 b

1shall immediately notify the Illinois State Police Department
2or local law enforcement agency of such failure, and shall
3notify the person enrolling the child in writing that he has 10
4additional days to comply.
5    (3) The school or other entity shall immediately report to
6the Illinois State Police Department any affidavit received
7pursuant to this subsection which appears inaccurate or
8suspicious in form or content.
9    (c) Within 14 days after enrolling a transfer student, the
10elementary or secondary school shall request directly from the
11student's previous school a certified copy of his record. The
12requesting school shall exercise due diligence in obtaining
13the copy of the record requested. Any elementary or secondary
14school requested to forward a copy of a transferring student's
15record to the new school shall comply within 10 days of receipt
16of the request unless the record has been flagged pursuant to
17subsection (a), in which case the copy shall not be forwarded
18and the requested school shall notify the Illinois State
19Police Department or local law enforcement authority of the
20request.
21(Source: P.A. 95-439, eff. 1-1-08; 95-793, eff. 8-8-08.)
 
22    Section 770. The Missing Children Registration Law is
23amended by changing Sections 1, 2, 3, 4, 5, and 6 as follows:
 
24    (325 ILCS 55/1)  (from Ch. 23, par. 2271)

 

 

HB3655- 1132 -LRB102 16922 WGH 22334 b

1    Sec. 1. Definitions. As used in this Article, unless the
2context requires otherwise:
3    (a) "Custodian" means the State Registrar of Vital
4Records, local registrars of vital records appointed by the
5State Registrar and county clerks.
6    (b) (Blank). "Department" means the Illinois Department of
7State Police.
8    (c) "Missing child" means a person under the age of 18
9years, reported to any law enforcement authority as abducted,
10lost or a runaway, whose identity is entered into the Law
11Enforcement Agencies Data System.
12    (d) "Registrar" means the State Registrar of Vital
13Records.
14(Source: P.A. 84-1279.)
 
15    (325 ILCS 55/2)  (from Ch. 23, par. 2272)
16    Sec. 2. Illinois State Police Department duties. Upon
17entry of a report of a missing child born in Illinois into the
18Law Enforcement Agencies Data System, the Illinois State
19Police Department shall notify the Registrar of the
20disappearance and shall provide the Registrar with information
21concerning the identity of the missing child.
22    If the Illinois State Police Department has reason to
23believe that a missing child may be enrolled in an Illinois
24elementary or secondary school, it shall notify the last such
25known school as to the disappearance, at which time the school

 

 

HB3655- 1133 -LRB102 16922 WGH 22334 b

1shall flag the missing child's record pursuant to Section 5.
2    Upon learning of the recovery of a missing child, the
3Illinois State Police Department shall so notify the
4Registrar.
5    The Illinois State Police Department shall by rule
6determine the manner and form of notices and information
7required by this Article.
8(Source: P.A. 84-1279.)
 
9    (325 ILCS 55/3)  (from Ch. 23, par. 2273)
10    Sec. 3. Registrar duties. Upon notification by the
11Illinois State Police Department that a person under the age
12of 18 years who was born in this State is missing, the
13Registrar shall flag the birth certificate record of that
14person in such a manner that whenever a copy of the birth
15certificate or information regarding the birth record is
16requested, the Registrar shall be alerted to the fact that the
17certificate is that of a missing child. The Registrar shall
18also notify the appropriate city or county custodian to
19likewise flag his records. Upon notification by the Illinois
20State Police Department that the missing child has been
21recovered, the Registrar shall remove the flag from the
22person's birth certificate record and shall notify any other
23previously notified city or county custodian to remove the
24flag from his record.
25(Source: P.A. 84-1279.)
 

 

 

HB3655- 1134 -LRB102 16922 WGH 22334 b

1    (325 ILCS 55/4)  (from Ch. 23, par. 2274)
2    Sec. 4. Custodian duties. (a) In response to any inquiry,
3a custodian shall not provide a copy of a birth certificate or
4information concerning the birth record of any person whose
5record is flagged pursuant to Section 3 except as approved by
6the Illinois State Police Department.
7    (b) When a copy of the birth certificate of a person whose
8record has been flagged is requested in person, the
9custodian's personnel accepting the request shall immediately
10notify his supervisor. The person making the request shall
11complete a form as prescribed by the Illinois State Police
12Department, which may include the name, address, telephone
13number and social security number of the person making the
14request, his or her relationship to the missing child and the
15name, address and birth date of the missing child. The
16driver's license of the person making the request, if
17available, shall be photocopied and returned to him. He shall
18be informed that a copy of the certificate shall be mailed to
19him. The custodian's personnel shall note the physical
20description of the person making the request, and, upon the
21latter's departure from the custodian's office, his supervisor
22shall immediately notify the local law enforcement authority
23as to the request and the information obtained pursuant to
24this subsection. The custodian shall retain the form completed
25by the person making the request.

 

 

HB3655- 1135 -LRB102 16922 WGH 22334 b

1    (c) When a copy of the birth certificate of a person whose
2record has been flagged is requested in writing, the
3custodian's personnel receiving the request shall immediately
4notify his supervisor. The supervisor shall immediately notify
5the local law enforcement authority as to the request and
6shall provide a copy of the written request. The custodian
7shall retain the original written request.
8(Source: P.A. 84-1279.)
 
9    (325 ILCS 55/5)  (from Ch. 23, par. 2275)
10    Sec. 5. School duties. (a) Upon notification by the
11Illinois State Police Department of a child's disappearance, a
12school in which the child is currently or was previously
13enrolled shall flag the record of that child in such a manner
14that whenever a copy of or information regarding the record is
15requested, the school shall be alerted to the fact that the
16record is that of a missing child. The school shall
17immediately report to the local law enforcement authority any
18request concerning flagged records or knowledge as to the
19whereabouts of any missing child. Upon notification by the
20Illinois State Police Department that the missing child has
21been recovered, the school shall remove the flag from the
22person's record.
23    (b) Upon enrollment of a student for the first time in a
24particular elementary or secondary school, that school shall
25notify in writing the person enrolling the student that within

 

 

HB3655- 1136 -LRB102 16922 WGH 22334 b

130 days he must provide either (1) a certified copy of the
2student's birth certificate or (2) other reliable proof, as
3determined by the Illinois State Police Department, of the
4student's identity and age, and an affidavit explaining the
5inability to produce a copy of the birth certificate.
6    Upon the failure of a person enrolling a student to comply
7with this subsection, the school shall immediately notify the
8local law enforcement agency and shall also notify the person
9enrolling the student in writing that, unless he complies
10within 10 days, the case shall be referred to the local law
11enforcement authority for investigation. If compliance is not
12obtained within that 10 day period, the school shall so refer
13the case.
14    The school shall immediately report to the local law
15enforcement authority any affidavit received pursuant to this
16subsection which appears inaccurate or suspicious in form or
17content.
18    (c) Within 14 days after enrolling a transfer student, the
19elementary or secondary school shall request directly from the
20student's previous school a certified copy of his record. The
21requesting school shall exercise due diligence in obtaining
22the copy of the record requested. Any elementary or secondary
23school requested to forward a copy of a transferring student's
24record to the new school shall comply within 10 days of receipt
25of such request unless the record has been flagged pursuant to
26subsection (a), in which case the copy shall not be forwarded

 

 

HB3655- 1137 -LRB102 16922 WGH 22334 b

1and the requested school shall notify the local law
2enforcement authority of the request.
3(Source: P.A. 84-1279.)
 
4    (325 ILCS 55/6)  (from Ch. 23, par. 2276)
5    Sec. 6. Local law enforcement duties. Any local law
6enforcement authority notified pursuant to this Article of the
7request for the birth certificate or school record of or other
8information concerning a missing child shall immediately
9notify the Illinois State Police Department of such request
10and shall investigate the request.
11(Source: P.A. 84-1279.)
 
12    Section 815. The Mental Health and Developmental
13Disabilities Code is amended by changing Sections 6-103.1,
146-103.2, and 6-103.3 as follows:
 
15    (405 ILCS 5/6-103.1)
16    Sec. 6-103.1. Adjudication as a person with a mental
17disability. When a person has been adjudicated as a person
18with a mental disability as defined in Section 1.1 of the
19Firearm Owners Identification Card Act, including, but not
20limited to, an adjudication as a person with a disability as
21defined in Section 11a-2 of the Probate Act of 1975, the court
22shall direct the circuit court clerk to notify the Illinois
23Department of State Police, Firearm Owner's Identification

 

 

HB3655- 1138 -LRB102 16922 WGH 22334 b

1(FOID) Office, in a form and manner prescribed by the Illinois
2Department of State Police, and shall forward a copy of the
3court order to the Department no later than 7 days after the
4entry of the order. Upon receipt of the order, the Illinois
5Department of State Police shall provide notification to the
6National Instant Criminal Background Check System.
7(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
 
8    (405 ILCS 5/6-103.2)
9    Sec. 6-103.2. Developmental disability; notice. If a
10person 14 years old or older is determined to be a person with
11a developmental disability by a physician, clinical
12psychologist, or qualified examiner, the physician, clinical
13psychologist, or qualified examiner shall notify the
14Department of Human Services within 7 days of making the
15determination that the person has a developmental disability.
16The Department of Human Services shall immediately update its
17records and information relating to mental health and
18developmental disabilities, and if appropriate, shall notify
19the Illinois Department of State Police in a form and manner
20prescribed by the Illinois Department of State Police.
21Information disclosed under this Section shall remain
22privileged and confidential, and shall not be redisclosed,
23except as required under subsection (e) of Section 3.1 of the
24Firearm Owners Identification Card Act, nor used for any other
25purpose. The method of providing this information shall

 

 

HB3655- 1139 -LRB102 16922 WGH 22334 b

1guarantee that the information is not released beyond that
2which is necessary for the purpose of this Section and shall be
3provided by rule by the Department of Human Services. The
4identity of the person reporting under this Section shall not
5be disclosed to the subject of the report.
6    The physician, clinical psychologist, or qualified
7examiner making the determination and his or her employer may
8not be held criminally, civilly, or professionally liable for
9making or not making the notification required under this
10Section, except for willful or wanton misconduct.
11    For purposes of this Section, "developmental disability"
12means a disability which is attributable to any other
13condition which results in impairment similar to that caused
14by an intellectual disability and which requires services
15similar to those required by intellectually disabled persons.
16The disability must originate before the age of 18 years, be
17expected to continue indefinitely, and constitute a
18substantial disability. This disability results, in the
19professional opinion of a physician, clinical psychologist, or
20qualified examiner, in significant functional limitations in 3
21or more of the following areas of major life activity:
22        (i) self-care;
23        (ii) receptive and expressive language;
24        (iii) learning;
25        (iv) mobility; or
26        (v) self-direction.

 

 

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1    "Determined to be a person with a developmental disability
2by a physician, clinical psychologist, or qualified examiner"
3means in the professional opinion of the physician, clinical
4psychologist, or qualified examiner, a person is diagnosed,
5assessed, or evaluated as having a developmental disability.
6(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,
7eff. 7-27-15; 99-642, eff. 7-28-16.)
 
8    (405 ILCS 5/6-103.3)
9    Sec. 6-103.3. Clear and present danger; notice. If a
10person is determined to pose a clear and present danger to
11himself, herself, or to others by a physician, clinical
12psychologist, or qualified examiner, whether employed by the
13State, by any public or private mental health facility or part
14thereof, or by a law enforcement official or a school
15administrator, then the physician, clinical psychologist,
16qualified examiner shall notify the Department of Human
17Services and a law enforcement official or school
18administrator shall notify the Illinois Department of State
19Police, within 24 hours of making the determination that the
20person poses a clear and present danger. The Department of
21Human Services shall immediately update its records and
22information relating to mental health and developmental
23disabilities, and if appropriate, shall notify the Illinois
24Department of State Police in a form and manner prescribed by
25the Illinois Department of State Police. Information disclosed

 

 

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1under this Section shall remain privileged and confidential,
2and shall not be redisclosed, except as required under
3subsection (e) of Section 3.1 of the Firearm Owners
4Identification Card Act, nor used for any other purpose. The
5method of providing this information shall guarantee that the
6information is not released beyond that which is necessary for
7the purpose of this Section and shall be provided by rule by
8the Department of Human Services. The identity of the person
9reporting under this Section shall not be disclosed to the
10subject of the report. The physician, clinical psychologist,
11qualified examiner, law enforcement official, or school
12administrator making the determination and his or her employer
13shall not be held criminally, civilly, or professionally
14liable for making or not making the notification required
15under this Section, except for willful or wanton misconduct.
16This Section does not apply to a law enforcement official, if
17making the notification under this Section will interfere with
18an ongoing or pending criminal investigation.
19    For the purposes of this Section:
20        "Clear and present danger" has the meaning ascribed to
21    it in Section 1.1 of the Firearm Owners Identification
22    Card Act.
23        "Determined to pose a clear and present danger to
24    himself, herself, or to others by a physician, clinical
25    psychologist, or qualified examiner" means in the
26    professional opinion of the physician, clinical

 

 

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1    psychologist, or qualified examiner, a person poses a
2    clear and present danger.
3        "School administrator" means the person required to
4    report under the School Administrator Reporting of Mental
5    Health Clear and Present Danger Determinations Law.
6(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
 
7    Section 820. The Sexual Assault Survivors Emergency
8Treatment Act is amended by changing Sections 1a, 5, 6.4, and
99.5 as follows:
 
10    (410 ILCS 70/1a)  (from Ch. 111 1/2, par. 87-1a)
11    Sec. 1a. Definitions.
12    (a) In this Act:
13    "Advanced practice registered nurse" has the meaning
14provided in Section 50-10 of the Nurse Practice Act.
15    "Ambulance provider" means an individual or entity that
16owns and operates a business or service using ambulances or
17emergency medical services vehicles to transport emergency
18patients.
19    "Approved pediatric health care facility" means a health
20care facility, other than a hospital, with a sexual assault
21treatment plan approved by the Department to provide medical
22forensic services to pediatric sexual assault survivors who
23present with a complaint of sexual assault within a minimum of
24the last 7 days or who have disclosed past sexual assault by a

 

 

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1specific individual and were in the care of that individual
2within a minimum of the last 7 days.
3    "Areawide sexual assault treatment plan" means a plan,
4developed by hospitals or by hospitals and approved pediatric
5health care facilities in a community or area to be served,
6which provides for medical forensic services to sexual assault
7survivors that shall be made available by each of the
8participating hospitals and approved pediatric health care
9facilities.
10    "Board-certified child abuse pediatrician" means a
11physician certified by the American Board of Pediatrics in
12child abuse pediatrics.
13    "Board-eligible child abuse pediatrician" means a
14physician who has completed the requirements set forth by the
15American Board of Pediatrics to take the examination for
16certification in child abuse pediatrics.
17    "Department" means the Department of Public Health.
18    "Emergency contraception" means medication as approved by
19the federal Food and Drug Administration (FDA) that can
20significantly reduce the risk of pregnancy if taken within 72
21hours after sexual assault.
22    "Follow-up healthcare" means healthcare services related
23to a sexual assault, including laboratory services and
24pharmacy services, rendered within 90 days of the initial
25visit for medical forensic services.
26    "Health care professional" means a physician, a physician

 

 

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1assistant, a sexual assault forensic examiner, an advanced
2practice registered nurse, a registered professional nurse, a
3licensed practical nurse, or a sexual assault nurse examiner.
4    "Hospital" means a hospital licensed under the Hospital
5Licensing Act or operated under the University of Illinois
6Hospital Act, any outpatient center included in the hospital's
7sexual assault treatment plan where hospital employees provide
8medical forensic services, and an out-of-state hospital that
9has consented to the jurisdiction of the Department under
10Section 2.06.
11    "Illinois State Police Sexual Assault Evidence Collection
12Kit" means a prepackaged set of materials and forms to be used
13for the collection of evidence relating to sexual assault. The
14standardized evidence collection kit for the State of Illinois
15shall be the Illinois State Police Sexual Assault Evidence
16Collection Kit.
17    "Law enforcement agency having jurisdiction" means the law
18enforcement agency in the jurisdiction where an alleged sexual
19assault or sexual abuse occurred.
20    "Licensed practical nurse" has the meaning provided in
21Section 50-10 of the Nurse Practice Act.
22    "Medical forensic services" means health care delivered to
23patients within or under the care and supervision of personnel
24working in a designated emergency department of a hospital or
25an approved pediatric health care facility. "Medical forensic
26services" includes, but is not limited to, taking a medical

 

 

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1history, performing photo documentation, performing a physical
2and anogenital examination, assessing the patient for evidence
3collection, collecting evidence in accordance with a statewide
4sexual assault evidence collection program administered by the
5Illinois Department of State Police using the Illinois State
6Police Sexual Assault Evidence Collection Kit, if appropriate,
7assessing the patient for drug-facilitated or
8alcohol-facilitated sexual assault, providing an evaluation of
9and care for sexually transmitted infection and human
10immunodeficiency virus (HIV), pregnancy risk evaluation and
11care, and discharge and follow-up healthcare planning.
12    "Pediatric health care facility" means a clinic or
13physician's office that provides medical services to pediatric
14patients.
15    "Pediatric sexual assault survivor" means a person under
16the age of 13 who presents for medical forensic services in
17relation to injuries or trauma resulting from a sexual
18assault.
19    "Photo documentation" means digital photographs or
20colposcope videos stored and backed up securely in the
21original file format.
22    "Physician" means a person licensed to practice medicine
23in all its branches.
24    "Physician assistant" has the meaning provided in Section
254 of the Physician Assistant Practice Act of 1987.
26    "Prepubescent sexual assault survivor" means a female who

 

 

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1is under the age of 18 years and has not had a first menstrual
2cycle or a male who is under the age of 18 years and has not
3started to develop secondary sex characteristics who presents
4for medical forensic services in relation to injuries or
5trauma resulting from a sexual assault.
6    "Qualified medical provider" means a board-certified child
7abuse pediatrician, board-eligible child abuse pediatrician, a
8sexual assault forensic examiner, or a sexual assault nurse
9examiner who has access to photo documentation tools, and who
10participates in peer review.
11    "Registered Professional Nurse" has the meaning provided
12in Section 50-10 of the Nurse Practice Act.
13    "Sexual assault" means:
14        (1) an act of sexual conduct; as used in this
15    paragraph, "sexual conduct" has the meaning provided under
16    Section 11-0.1 of the Criminal Code of 2012; or
17        (2) any act of sexual penetration; as used in this
18    paragraph, "sexual penetration" has the meaning provided
19    under Section 11-0.1 of the Criminal Code of 2012 and
20    includes, without limitation, acts prohibited under
21    Sections 11-1.20 through 11-1.60 of the Criminal Code of
22    2012.
23    "Sexual assault forensic examiner" means a physician or
24physician assistant who has completed training that meets or
25is substantially similar to the Sexual Assault Nurse Examiner
26Education Guidelines established by the International

 

 

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1Association of Forensic Nurses.
2    "Sexual assault nurse examiner" means an advanced practice
3registered nurse or registered professional nurse who has
4completed a sexual assault nurse examiner training program
5that meets the Sexual Assault Nurse Examiner Education
6Guidelines established by the International Association of
7Forensic Nurses.
8    "Sexual assault services voucher" means a document
9generated by a hospital or approved pediatric health care
10facility at the time the sexual assault survivor receives
11outpatient medical forensic services that may be used to seek
12payment for any ambulance services, medical forensic services,
13laboratory services, pharmacy services, and follow-up
14healthcare provided as a result of the sexual assault.
15    "Sexual assault survivor" means a person who presents for
16medical forensic services in relation to injuries or trauma
17resulting from a sexual assault.
18    "Sexual assault transfer plan" means a written plan
19developed by a hospital and approved by the Department, which
20describes the hospital's procedures for transferring sexual
21assault survivors to another hospital, and an approved
22pediatric health care facility, if applicable, in order to
23receive medical forensic services.
24    "Sexual assault treatment plan" means a written plan that
25describes the procedures and protocols for providing medical
26forensic services to sexual assault survivors who present

 

 

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1themselves for such services, either directly or through
2transfer from a hospital or an approved pediatric health care
3facility.
4    "Transfer hospital" means a hospital with a sexual assault
5transfer plan approved by the Department.
6    "Transfer services" means the appropriate medical
7screening examination and necessary stabilizing treatment
8prior to the transfer of a sexual assault survivor to a
9hospital or an approved pediatric health care facility that
10provides medical forensic services to sexual assault survivors
11pursuant to a sexual assault treatment plan or areawide sexual
12assault treatment plan.
13    "Treatment hospital" means a hospital with a sexual
14assault treatment plan approved by the Department to provide
15medical forensic services to all sexual assault survivors who
16present with a complaint of sexual assault within a minimum of
17the last 7 days or who have disclosed past sexual assault by a
18specific individual and were in the care of that individual
19within a minimum of the last 7 days.
20    "Treatment hospital with approved pediatric transfer"
21means a hospital with a treatment plan approved by the
22Department to provide medical forensic services to sexual
23assault survivors 13 years old or older who present with a
24complaint of sexual assault within a minimum of the last 7 days
25or who have disclosed past sexual assault by a specific
26individual and were in the care of that individual within a

 

 

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1minimum of the last 7 days.
2    (b) This Section is effective on and after July 1, 2021.
3(Source: P.A. 100-513, eff. 1-1-18; 100-775, eff. 1-1-19;
4101-81, eff. 7-12-19; 101-634, eff. 6-5-20.)
 
5    (410 ILCS 70/5)  (from Ch. 111 1/2, par. 87-5)
6    Sec. 5. Minimum requirements for medical forensic services
7provided to sexual assault survivors by hospitals and approved
8pediatric health care facilities.
9    (a) Every hospital and approved pediatric health care
10facility providing medical forensic services to sexual assault
11survivors under this Act shall, as minimum requirements for
12such services, provide, with the consent of the sexual assault
13survivor, and as ordered by the attending physician, an
14advanced practice registered nurse, or a physician assistant,
15the services set forth in subsection (a-5).
16    Beginning January 1, 2022, a qualified medical provider
17must provide the services set forth in subsection (a-5).
18    (a-5) A treatment hospital, a treatment hospital with
19approved pediatric transfer, or an approved pediatric health
20care facility shall provide the following services in
21accordance with subsection (a):
22        (1) Appropriate medical forensic services without
23    delay, in a private, age-appropriate or
24    developmentally-appropriate space, required to ensure the
25    health, safety, and welfare of a sexual assault survivor

 

 

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1    and which may be used as evidence in a criminal proceeding
2    against a person accused of the sexual assault, in a
3    proceeding under the Juvenile Court Act of 1987, or in an
4    investigation under the Abused and Neglected Child
5    Reporting Act.
6        Records of medical forensic services, including
7    results of examinations and tests, the Illinois State
8    Police Medical Forensic Documentation Forms, the Illinois
9    State Police Patient Discharge Materials, and the Illinois
10    State Police Patient Consent: Collect and Test Evidence or
11    Collect and Hold Evidence Form, shall be maintained by the
12    hospital or approved pediatric health care facility as
13    part of the patient's electronic medical record.
14        Records of medical forensic services of sexual assault
15    survivors under the age of 18 shall be retained by the
16    hospital for a period of 60 years after the sexual assault
17    survivor reaches the age of 18. Records of medical
18    forensic services of sexual assault survivors 18 years of
19    age or older shall be retained by the hospital for a period
20    of 20 years after the date the record was created.
21        Records of medical forensic services may only be
22    disseminated in accordance with Section 6.5 of this Act
23    and other State and federal law.
24        (1.5) An offer to complete the Illinois Sexual Assault
25    Evidence Collection Kit for any sexual assault survivor
26    who presents within a minimum of the last 7 days of the

 

 

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1    assault or who has disclosed past sexual assault by a
2    specific individual and was in the care of that individual
3    within a minimum of the last 7 days.
4            (A) Appropriate oral and written information
5        concerning evidence-based guidelines for the
6        appropriateness of evidence collection depending on
7        the sexual development of the sexual assault survivor,
8        the type of sexual assault, and the timing of the
9        sexual assault shall be provided to the sexual assault
10        survivor. Evidence collection is encouraged for
11        prepubescent sexual assault survivors who present to a
12        hospital or approved pediatric health care facility
13        with a complaint of sexual assault within a minimum of
14        96 hours after the sexual assault.
15            Before January 1, 2022, the information required
16        under this subparagraph shall be provided in person by
17        the health care professional providing medical
18        forensic services directly to the sexual assault
19        survivor.
20            On and after January 1, 2022, the information
21        required under this subparagraph shall be provided in
22        person by the qualified medical provider providing
23        medical forensic services directly to the sexual
24        assault survivor.
25            The written information provided shall be the
26        information created in accordance with Section 10 of

 

 

HB3655- 1152 -LRB102 16922 WGH 22334 b

1        this Act.
2            (B) Following the discussion regarding the
3        evidence-based guidelines for evidence collection in
4        accordance with subparagraph (A), evidence collection
5        must be completed at the sexual assault survivor's
6        request. A sexual assault nurse examiner conducting an
7        examination using the Illinois State Police Sexual
8        Assault Evidence Collection Kit may do so without the
9        presence or participation of a physician.
10        (2) Appropriate oral and written information
11    concerning the possibility of infection, sexually
12    transmitted infection, including an evaluation of the
13    sexual assault survivor's risk of contracting human
14    immunodeficiency virus (HIV) from sexual assault, and
15    pregnancy resulting from sexual assault.
16        (3) Appropriate oral and written information
17    concerning accepted medical procedures, laboratory tests,
18    medication, and possible contraindications of such
19    medication available for the prevention or treatment of
20    infection or disease resulting from sexual assault.
21        (3.5) After a medical evidentiary or physical
22    examination, access to a shower at no cost, unless
23    showering facilities are unavailable.
24        (4) An amount of medication, including HIV
25    prophylaxis, for treatment at the hospital or approved
26    pediatric health care facility and after discharge as is

 

 

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1    deemed appropriate by the attending physician, an advanced
2    practice registered nurse, or a physician assistant in
3    accordance with the Centers for Disease Control and
4    Prevention guidelines and consistent with the hospital's
5    or approved pediatric health care facility's current
6    approved protocol for sexual assault survivors.
7        (5) Photo documentation of the sexual assault
8    survivor's injuries, anatomy involved in the assault, or
9    other visible evidence on the sexual assault survivor's
10    body to supplement the medical forensic history and
11    written documentation of physical findings and evidence
12    beginning July 1, 2019. Photo documentation does not
13    replace written documentation of the injury.
14        (6) Written and oral instructions indicating the need
15    for follow-up examinations and laboratory tests after the
16    sexual assault to determine the presence or absence of
17    sexually transmitted infection.
18        (7) Referral by hospital or approved pediatric health
19    care facility personnel for appropriate counseling.
20        (8) Medical advocacy services provided by a rape
21    crisis counselor whose communications are protected under
22    Section 8-802.1 of the Code of Civil Procedure, if there
23    is a memorandum of understanding between the hospital or
24    approved pediatric health care facility and a rape crisis
25    center. With the consent of the sexual assault survivor, a
26    rape crisis counselor shall remain in the exam room during

 

 

HB3655- 1154 -LRB102 16922 WGH 22334 b

1    the medical forensic examination.
2        (9) Written information regarding services provided by
3    a Children's Advocacy Center and rape crisis center, if
4    applicable.
5        (10) A treatment hospital, a treatment hospital with
6    approved pediatric transfer, an out-of-state hospital as
7    defined in Section 5.4, or an approved pediatric health
8    care facility shall comply with the rules relating to the
9    collection and tracking of sexual assault evidence adopted
10    by the Illinois Department of State Police under Section
11    50 of the Sexual Assault Evidence Submission Act.
12    (a-7) By January 1, 2022, every hospital with a treatment
13plan approved by the Department shall employ or contract with
14a qualified medical provider to initiate medical forensic
15services to a sexual assault survivor within 90 minutes of the
16patient presenting to the treatment hospital or treatment
17hospital with approved pediatric transfer. The provision of
18medical forensic services by a qualified medical provider
19shall not delay the provision of life-saving medical care.
20    (b) Any person who is a sexual assault survivor who seeks
21medical forensic services or follow-up healthcare under this
22Act shall be provided such services without the consent of any
23parent, guardian, custodian, surrogate, or agent. If a sexual
24assault survivor is unable to consent to medical forensic
25services, the services may be provided under the Consent by
26Minors to Medical Procedures Act, the Health Care Surrogate

 

 

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1Act, or other applicable State and federal laws.
2    (b-5) Every hospital or approved pediatric health care
3facility providing medical forensic services to sexual assault
4survivors shall issue a voucher to any sexual assault survivor
5who is eligible to receive one in accordance with Section 5.2
6of this Act. The hospital shall make a copy of the voucher and
7place it in the medical record of the sexual assault survivor.
8The hospital shall provide a copy of the voucher to the sexual
9assault survivor after discharge upon request.
10    (c) Nothing in this Section creates a physician-patient
11relationship that extends beyond discharge from the hospital
12or approved pediatric health care facility.
13    (d) This Section is effective on and after July 1, 2021.
14(Source: P.A. 100-513, eff. 1-1-18; 100-775, eff. 1-1-19;
15100-1087, eff. 1-1-19; 101-81, eff. 7-12-19; 101-377, eff.
168-16-19; 101-634, eff. 6-5-20.)
 
17    (410 ILCS 70/6.4)  (from Ch. 111 1/2, par. 87-6.4)
18    Sec. 6.4. Sexual assault evidence collection program.
19    (a) There is created a statewide sexual assault evidence
20collection program to facilitate the prosecution of persons
21accused of sexual assault. This program shall be administered
22by the Illinois State Police. The program shall consist of the
23following: (1) distribution of sexual assault evidence
24collection kits which have been approved by the Illinois State
25Police to hospitals and approved pediatric health care

 

 

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1facilities that request them, or arranging for such
2distribution by the manufacturer of the kits, (2) collection
3of the kits from hospitals and approved pediatric health care
4facilities after the kits have been used to collect evidence,
5(3) analysis of the collected evidence and conducting of
6laboratory tests, (4) maintaining the chain of custody and
7safekeeping of the evidence for use in a legal proceeding, and
8(5) the comparison of the collected evidence with the genetic
9marker grouping analysis information maintained by the
10Illinois Department of State Police under Section 5-4-3 of the
11Unified Code of Corrections and with the information contained
12in the Federal Bureau of Investigation's National DNA
13database; provided the amount and quality of genetic marker
14grouping results obtained from the evidence in the sexual
15assault case meets the requirements of both the Illinois
16Department of State Police and the Federal Bureau of
17Investigation's Combined DNA Index System (CODIS) policies.
18The standardized evidence collection kit for the State of
19Illinois shall be the Illinois State Police Sexual Assault
20Evidence Kit and shall include a written consent form
21authorizing law enforcement to test the sexual assault
22evidence and to provide law enforcement with details of the
23sexual assault.
24    (a-5) (Blank).
25    (b) The Illinois State Police shall administer a program
26to train hospital and approved pediatric health care facility

 

 

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1personnel participating in the sexual assault evidence
2collection program, in the correct use and application of the
3sexual assault evidence collection kits. The Department shall
4cooperate with the Illinois State Police in this program as it
5pertains to medical aspects of the evidence collection.
6    (c) (Blank).
7    (d) This Section is effective on and after July 1, 2021.
8(Source: P.A. 100-775, eff. 1-1-19; 101-634, eff. 6-5-20.)
 
9    (410 ILCS 70/9.5)
10    (Section scheduled to be repealed on January 1, 2024)
11    Sec. 9.5. Sexual Assault Medical Forensic Services
12Implementation Task Force.
13    (a) The Sexual Assault Medical Forensic Services
14Implementation Task Force is created to assist hospitals and
15approved pediatric health care facilities with the
16implementation of the changes made by this amendatory Act of
17the l00th General Assembly. The Task Force shall consist of
18the following members, who shall serve without compensation:
19        (1) one member of the Senate appointed by the
20    President of the Senate, who may designate an alternate
21    member;
22        (2) one member of the Senate appointed by the Minority
23    Leader of the Senate, who may designate an alternate
24    member;
25        (3) one member of the House of Representatives

 

 

HB3655- 1158 -LRB102 16922 WGH 22334 b

1    appointed by the Speaker of the House of Representatives,
2    who may designate an alternate member;
3        (4) one member of the House of Representatives
4    appointed by the Minority Leader of the House of
5    Representatives, who may designate an alternate member;
6        (5) two members representing the Office of the
7    Attorney General appointed by the Attorney General, one of
8    whom shall be the Sexual Assault Nurse Examiner
9    Coordinator for the State of Illinois;
10        (6) one member representing the Department of Public
11    Health appointed by the Director of Public Health;
12        (7) one member representing the Illinois Department of
13    State Police appointed by the Director of the Illinois
14    State Police;
15        (8) one member representing the Department of
16    Healthcare and Family Services appointed by the Director
17    of Healthcare and Family Services;
18        (9) six members representing hospitals appointed by
19    the head of a statewide organization representing the
20    interests of hospitals in Illinois, at least one of whom
21    shall represent small and rural hospitals and at least one
22    of these members shall represent urban hospitals;
23        (10) one member representing physicians appointed by
24    the head of a statewide organization representing the
25    interests of physicians in Illinois;
26        (11) one member representing emergency physicians

 

 

HB3655- 1159 -LRB102 16922 WGH 22334 b

1    appointed by the head of a statewide organization
2    representing the interests of emergency physicians in
3    Illinois;
4        (12) two members representing child abuse
5    pediatricians appointed by the head of a statewide
6    organization representing the interests of child abuse
7    pediatricians in Illinois, at least one of whom shall
8    represent child abuse pediatricians providing medical
9    forensic services in rural locations and at least one of
10    whom shall represent child abuse pediatricians providing
11    medical forensic services in urban locations;
12        (13) one member representing nurses appointed by the
13    head of a statewide organization representing the
14    interests of nurses in Illinois;
15        (14) two members representing sexual assault nurse
16    examiners appointed by the head of a statewide
17    organization representing the interests of forensic nurses
18    in Illinois, at least one of whom shall represent
19    pediatric/adolescent sexual assault nurse examiners and at
20    least one of these members shall represent
21    adult/adolescent sexual assault nurse examiners;
22        (15) one member representing State's Attorneys
23    appointed by the head of a statewide organization
24    representing the interests of State's Attorneys in
25    Illinois;
26        (16) three members representing sexual assault

 

 

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1    survivors appointed by the head of a statewide
2    organization representing the interests of sexual assault
3    survivors and rape crisis centers, at least one of whom
4    shall represent rural rape crisis centers and at least one
5    of whom shall represent urban rape crisis centers; and
6        (17) one member representing children's advocacy
7    centers appointed by the head of a statewide organization
8    representing the interests of children's advocacy centers
9    in Illinois.
10    The members representing the Office of the Attorney
11General and the Department of Public Health shall serve as
12co-chairpersons of the Task Force. The Office of the Attorney
13General shall provide administrative and other support to the
14Task Force.
15    (b) The first meeting of the Task Force shall be called by
16the co-chairpersons no later than 90 days after the effective
17date of this Section.
18    (c) The goals of the Task Force shall include, but not be
19limited to, the following:
20        (1) to facilitate the development of areawide
21    treatment plans among hospitals and pediatric health care
22    facilities;
23        (2) to facilitate the development of on-call systems
24    of qualified medical providers and assist hospitals with
25    the development of plans to employ or contract with a
26    qualified medical provider to initiate medical forensic

 

 

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1    services to a sexual assault survivor within 90 minutes of
2    the patient presenting to the hospital as required in
3    subsection (a-7) of Section 5;
4        (3) to identify photography and storage options for
5    hospitals to comply with the photo documentation
6    requirements in Sections 5 and 5.1;
7        (4) to develop a model written agreement for use by
8    rape crisis centers, hospitals, and approved pediatric
9    health care facilities with sexual assault treatment plans
10    to comply with subsection (c) of Section 2;
11        (5) to develop and distribute educational information
12    regarding the implementation of this Act to hospitals,
13    health care providers, rape crisis centers, children's
14    advocacy centers, State's Attorney's offices;
15        (6) to examine the role of telemedicine in the
16    provision of medical forensic services under this Act and
17    to develop recommendations for statutory change and
18    standards and procedures for the use of telemedicine to be
19    adopted by the Department;
20        (7) to seek inclusion of the International Association
21    of Forensic Nurses Sexual Assault Nurse Examiner Education
22    Guidelines for nurses within the registered nurse training
23    curriculum in Illinois nursing programs and the American
24    College of Emergency Physicians Management of the Patient
25    with the Complaint of Sexual Assault for emergency
26    physicians within the Illinois residency training

 

 

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1    curriculum for emergency physicians; and
2        (8) to submit a report to the General Assembly by
3    January 1, 2023 regarding the status of implementation of
4    this amendatory Act of the 100th General Assembly,
5    including, but not limited to, the impact of transfers to
6    out-of-state hospitals on sexual assault survivors and the
7    availability of treatment hospitals in Illinois; the
8    report to the General Assembly shall be filed with the
9    Clerk of the House of Representatives and the Secretary of
10    the Senate in electronic form only, in the manner that the
11    Clerk and the Secretary shall direct.
12    (d) This Section is repealed on January 1, 2024.
13(Source: P.A. 100-775, eff. 8-10-18.)
 
14    Section 825. The Smoke Free Illinois Act is amended by
15changing Sections 40 and 45 as follows:
 
16    (410 ILCS 82/40)
17    Sec. 40. Enforcement; complaints.
18    (a) The Department, State-certified local public health
19departments, and local, Department of Natural Resources, and
20Illinois Department of State Police law enforcement agencies
21shall enforce the provisions of this Act through the issuance
22of citations and may assess civil penalties pursuant to
23Section 45 of this Act.
24    (a-2) The citations issued pursuant to this Act shall

 

 

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1conspicuously include the following:
2        (1) the name of the offense and its statutory
3    reference;
4        (2) the nature and elements of the violation;
5        (3) the date and location of the violation;
6        (4) the name of the enforcing agency;
7        (5) the name of the violator;
8        (6) the amount of the imposed civil penalty and the
9    location where the violator can pay the civil penalty
10    without objection;
11        (7) the address and phone number of the enforcing
12    agency where the violator can request a hearing before the
13    Department to contest the imposition of the civil penalty
14    imposed by the citation under the rules and procedures of
15    the Illinois Administrative Procedure Act;
16        (8) the time period in which to pay the civil penalty
17    or to request a hearing to contest the imposition of the
18    civil penalty imposed by the citation; and
19        (9) the verified signature of the person issuing the
20    citation.
21    (a-3) One copy of the citation shall be provided to the
22violator, one copy shall be retained by the enforcing agency,
23and one copy shall be provided to the entity otherwise
24authorized by the enforcing agency to receive civil penalties
25on their behalf.
26    (b) Any person may register a complaint with the

 

 

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1Department, a State-certified local public health department,
2or a law enforcement agency for a violation of this Act. The
3Department shall establish a telephone number that a person
4may call to register a complaint under this subsection (b).
5    (c) The Department shall afford a violator the opportunity
6to pay the civil penalty without objection or to contest the
7citation in accordance with the Illinois Administrative
8Procedure Act, except that in case of a conflict between the
9Illinois Administrative Procedure Act and this Act, the
10provisions of this Act shall control.
11    (d) Upon receipt of a request for hearing to contest the
12imposition of a civil penalty imposed by a citation, the
13enforcing agency shall immediately forward a copy of the
14citation and notice of the request for hearing to the
15Department for initiation of a hearing conducted in accordance
16with the Illinois Administrative Procedure Act and the rules
17established thereto by the Department applicable to contested
18cases, except that in case of a conflict between the Illinois
19Administrative Procedure Act and this Act, the provisions of
20this Act shall control. Parties to the hearing shall be the
21enforcing agency and the violator.
22    The Department shall notify the violator in writing of the
23time, place, and location of the hearing. The hearing shall be
24conducted at the nearest regional office of the Department, or
25in a location contracted by the Department in the county where
26the citation was issued.

 

 

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1    (e) Civil penalties imposed under this Act may be
2collected in accordance with all methods otherwise available
3to the enforcing agency or the Department, except that there
4shall be no collection efforts during the pendency of the
5hearing before the Department.
6    (f) Rulemaking authority to implement this amendatory Act
7of the 95th General Assembly, if any, is conditioned on the
8rules being adopted in accordance with all provisions of the
9Illinois Administrative Procedure Act and all rules and
10procedures of the Joint Committee on Administrative Rules; any
11purported rule not so adopted, for whatever reason, is
12unauthorized.
13(Source: P.A. 100-877, eff. 1-1-19.)
 
14    (410 ILCS 82/45)
15    Sec. 45. Violations.
16    (a) A person, corporation, partnership, association or
17other entity who violates Section 15 or 20 of this Act shall be
18liable for a civil penalty pursuant to this Section. Each day
19that a violation occurs is a separate violation.
20    (b) A person who smokes in an area where smoking is
21prohibited under Section 15 of this Act shall be liable for a
22civil penalty in an amount that is $100 for a first offense and
23$250 for each subsequent offense. A person who owns, operates,
24or otherwise controls a public place or place of employment
25that violates Section 15 or 20 of this Act shall be liable for

 

 

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1a civil penalty of (i) $250 for the first violation, (ii) $500
2for the second violation within one year after the first
3violation, and (iii) $2,500 for each additional violation
4within one year after the first violation.
5    (c) A civil penalty imposed under this Section shall be
6allocated as follows:
7        (1) one-half of the civil penalty shall be distributed
8    to the Department; and
9        (2) one-half of the civil penalty shall be distributed
10    to the enforcing agency.
11    With respect to funds designated for the Illinois
12Department of State Police under this subsection, the Illinois
13Department of State Police shall deposit the moneys into the
14State Police Operations Assistance Fund. With respect to funds
15designated for the Department of Natural Resources under this
16subsection, the Department of Natural Resources shall deposit
17the moneys into the Conservation Police Operations Assistance
18Fund.
19    (d) Rulemaking authority to implement this amendatory Act
20of the 95th General Assembly, if any, is conditioned on the
21rules being adopted in accordance with all provisions of the
22Illinois Administrative Procedure Act and all rules and
23procedures of the Joint Committee on Administrative Rules; any
24purported rule not so adopted, for whatever reason, is
25unauthorized.
26(Source: P.A. 100-877, eff. 1-1-19.)
 

 

 

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1    Section 830. The Compassionate Use of Medical Cannabis
2Pilot Program Act is amended by changing Sections 85, 95, 100,
3105, 145, 150, and 180 as follows:
 
4    (410 ILCS 130/85)
5    Sec. 85. Issuance and denial of medical cannabis
6cultivation permit.
7    (a) The Department of Agriculture may register up to 22
8cultivation center registrations for operation. The Department
9of Agriculture may not issue more than one registration per
10each Illinois State Police District boundary as specified on
11the date of January 1, 2013. The Department of Agriculture may
12not issue less than the 22 registrations if there are
13qualified applicants who have applied with the Department.
14    (b) The registrations shall be issued and renewed annually
15as determined by administrative rule.
16    (c) The Department of Agriculture shall determine a
17registration fee by rule.
18    (d) A cultivation center may only operate if it has been
19issued a valid registration from the Department of
20Agriculture. When applying for a cultivation center
21registration, the applicant shall submit the following in
22accordance with Department of Agriculture rules:
23        (1) the proposed legal name of the cultivation center;
24        (2) the proposed physical address of the cultivation

 

 

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1    center and description of the enclosed, locked facility as
2    it applies to cultivation centers where medical cannabis
3    will be grown, harvested, manufactured, packaged, or
4    otherwise prepared for distribution to a dispensing
5    organization;
6        (3) the name, address, and date of birth of each
7    principal officer and board member of the cultivation
8    center, provided that all those individuals shall be at
9    least 21 years of age;
10        (4) any instance in which a business that any of the
11    prospective board members of the cultivation center had
12    managed or served on the board of the business and was
13    convicted, fined, censured, or had a registration or
14    license suspended or revoked in any administrative or
15    judicial proceeding;
16        (5) cultivation, inventory, and packaging plans;
17        (6) proposed operating by-laws that include procedures
18    for the oversight of the cultivation center, development
19    and implementation of a plant monitoring system, medical
20    cannabis container tracking system, accurate record
21    keeping, staffing plan, and security plan reviewed by the
22    Illinois State Police that are in accordance with the
23    rules issued by the Department of Agriculture under this
24    Act. A physical inventory shall be performed of all plants
25    and medical cannabis containers on a weekly basis;
26        (7) experience with agricultural cultivation

 

 

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1    techniques and industry standards;
2        (8) any academic degrees, certifications, or relevant
3    experience with related businesses;
4        (9) the identity of every person, association, trust,
5    or corporation having any direct or indirect pecuniary
6    interest in the cultivation center operation with respect
7    to which the registration is sought. If the disclosed
8    entity is a trust, the application shall disclose the
9    names and addresses of the beneficiaries; if a
10    corporation, the names and addresses of all stockholders
11    and directors; if a partnership, the names and addresses
12    of all partners, both general and limited;
13        (10) verification from the Illinois State Police that
14    all background checks of the principal officer, board
15    members, and registered agents have been conducted and
16    those individuals have not been convicted of an excluded
17    offense;
18        (11) provide a copy of the current local zoning
19    ordinance to the Department of Agriculture and verify that
20    proposed cultivation center is in compliance with the
21    local zoning rules issued in accordance with Section 140;
22        (12) an application fee set by the Department of
23    Agriculture by rule; and
24        (13) any other information required by Department of
25    Agriculture rules, including, but not limited to a
26    cultivation center applicant's experience with the

 

 

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1    cultivation of agricultural or horticultural products,
2    operating an agriculturally related business, or operating
3    a horticultural business.
4    (e) An application for a cultivation center permit must be
5denied if any of the following conditions are met:
6        (1) the applicant failed to submit the materials
7    required by this Section, including if the applicant's
8    plans do not satisfy the security, oversight, inventory,
9    or recordkeeping rules issued by the Department of
10    Agriculture;
11        (2) the applicant would not be in compliance with
12    local zoning rules issued in accordance with Section 140;
13        (3) one or more of the prospective principal officers
14    or board members has been convicted of an excluded
15    offense;
16        (4) one or more of the prospective principal officers
17    or board members has served as a principal officer or
18    board member for a registered dispensing organization or
19    cultivation center that has had its registration revoked;
20        (5) one or more of the principal officers or board
21    members is under 21 years of age;
22        (6) a principal officer or board member of the
23    cultivation center has been convicted of a felony under
24    the laws of this State, any other state, or the United
25    States;
26        (7) a principal officer or board member of the

 

 

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1    cultivation center has been convicted of any violation of
2    Article 28 of the Criminal Code of 2012, or substantially
3    similar laws of any other jurisdiction; or
4        (8) the person has submitted an application for a
5    certificate under this Act which contains false
6    information.
7(Source: P.A. 98-122, eff. 1-1-14.)
 
8    (410 ILCS 130/95)
9    Sec. 95. Background checks.
10    (a) The Department of Agriculture through the Illinois
11Department of State Police shall conduct a background check of
12the prospective cultivation center agents. The Illinois
13Department of State Police shall charge a fee for conducting
14the criminal history record check, which shall be deposited in
15the State Police Services Fund and shall not exceed the actual
16cost of the record check. In order to carry out this provision,
17each person applying as a cultivation center agent shall
18submit a full set of fingerprints to the Illinois Department
19of State Police for the purpose of obtaining a State and
20federal criminal records check. These fingerprints shall be
21checked against the fingerprint records now and hereafter, to
22the extent allowed by law, filed in the Illinois Department of
23State Police and Federal Bureau of Investigation criminal
24history records databases. The Illinois Department of State
25Police shall furnish, following positive identification, all

 

 

HB3655- 1172 -LRB102 16922 WGH 22334 b

1Illinois conviction information to the Department of
2Agriculture.
3    (b) When applying for the initial permit, the background
4checks for the principal officer, board members, and
5registered agents shall be completed prior to submitting the
6application to the Department of Agriculture.
7(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
 
8    (410 ILCS 130/100)
9    Sec. 100. Cultivation center agent identification card.
10    (a) The Department of Agriculture shall:
11        (1) verify the information contained in an application
12    or renewal for a cultivation center identification card
13    submitted under this Act, and approve or deny an
14    application or renewal, within 30 days of receiving a
15    completed application or renewal application and all
16    supporting documentation required by rule;
17        (2) issue a cultivation center agent identification
18    card to a qualifying agent within 15 business days of
19    approving the application or renewal;
20        (3) enter the registry identification number of the
21    cultivation center where the agent works; and
22        (4) allow for an electronic application process, and
23    provide a confirmation by electronic or other methods that
24    an application has been submitted.
25    (b) A cultivation center agent must keep his or her

 

 

HB3655- 1173 -LRB102 16922 WGH 22334 b

1identification card visible at all times when on the property
2of a cultivation center and during the transportation of
3medical cannabis to a registered dispensary organization.
4    (c) The cultivation center agent identification cards
5shall contain the following:
6        (1) the name of the cardholder;
7        (2) the date of issuance and expiration date of
8    cultivation center agent identification cards;
9        (3) a random 10 digit alphanumeric identification
10    number containing at least 4 numbers and at least 4
11    letters; that is unique to the holder; and
12        (4) a photograph of the cardholder.
13    (d) The cultivation center agent identification cards
14shall be immediately returned to the cultivation center upon
15termination of employment.
16    (e) Any card lost by a cultivation center agent shall be
17reported to the Illinois State Police and the Department of
18Agriculture immediately upon discovery of the loss.
19    (f) An applicant shall be denied a cultivation center
20agent identification card if he or she has been convicted of an
21excluded offense.
22(Source: P.A. 98-122, eff. 1-1-14.)
 
23    (410 ILCS 130/105)
24    Sec. 105. Requirements; prohibitions; penalties for
25cultivation centers.

 

 

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1    (a) The operating documents of a registered cultivation
2center shall include procedures for the oversight of the
3cultivation center, a cannabis plant monitoring system
4including a physical inventory recorded weekly, a cannabis
5container system including a physical inventory recorded
6weekly, accurate record keeping, and a staffing plan.
7    (b) A registered cultivation center shall implement a
8security plan reviewed by the Illinois State Police and
9including but not limited to: facility access controls,
10perimeter intrusion detection systems, personnel
11identification systems, 24-hour surveillance system to monitor
12the interior and exterior of the registered cultivation center
13facility and accessible to authorized law enforcement and the
14Department of Agriculture in real-time.
15    (c) A registered cultivation center may not be located
16within 2,500 feet of the property line of a pre-existing
17public or private preschool or elementary or secondary school
18or day care center, day care home, group day care home, part
19day child care facility, or an area zoned for residential use.
20    (d) All cultivation of cannabis for distribution to a
21registered dispensing organization must take place in an
22enclosed, locked facility as it applies to cultivation centers
23at the physical address provided to the Department of
24Agriculture during the registration process. The cultivation
25center location shall only be accessed by the cultivation
26center agents working for the registered cultivation center,

 

 

HB3655- 1175 -LRB102 16922 WGH 22334 b

1Department of Agriculture staff performing inspections,
2Department of Public Health staff performing inspections, law
3enforcement or other emergency personnel, and contractors
4working on jobs unrelated to medical cannabis, such as
5installing or maintaining security devices or performing
6electrical wiring.
7    (e) A cultivation center may not sell or distribute any
8cannabis to any individual or entity other than another
9cultivation center, a dispensing organization registered under
10this Act, or a laboratory licensed by the Department of
11Agriculture.
12    (f) All harvested cannabis intended for distribution to a
13dispensing organization must be packaged in a labeled medical
14cannabis container and entered into a data collection system.
15    (g) No person who has been convicted of an excluded
16offense may be a cultivation center agent.
17    (h) Registered cultivation centers are subject to random
18inspection by the Illinois State Police.
19    (i) Registered cultivation centers are subject to random
20inspections by the Department of Agriculture and the
21Department of Public Health.
22    (j) A cultivation center agent shall notify local law
23enforcement, the Illinois State Police, and the Department of
24Agriculture within 24 hours of the discovery of any loss or
25theft. Notification shall be made by phone or in-person, or by
26written or electronic communication.

 

 

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1    (k) A cultivation center shall comply with all State and
2federal rules and regulations regarding the use of pesticides.
3(Source: P.A. 101-363, eff. 8-9-19.)
 
4    (410 ILCS 130/145)
5    Sec. 145. Confidentiality.
6    (a) The following information received and records kept by
7the Department of Public Health, Department of Financial and
8Professional Regulation, Department of Agriculture, or
9Illinois Department of State Police for purposes of
10administering this Act are subject to all applicable federal
11privacy laws, confidential, and exempt from the Freedom of
12Information Act, and not subject to disclosure to any
13individual or public or private entity, except as necessary
14for authorized employees of those authorized agencies to
15perform official duties under this Act and the following
16information received and records kept by Department of Public
17Health, Department of Agriculture, Department of Financial and
18Professional Regulation, and Illinois Department of State
19Police, excluding any existing or non-existing Illinois or
20national criminal history record information as defined in
21subsection (d), may be disclosed to each other upon request:
22        (1) Applications and renewals, their contents, and
23    supporting information submitted by qualifying patients
24    and designated caregivers, including information regarding
25    their designated caregivers and certifying health care

 

 

HB3655- 1177 -LRB102 16922 WGH 22334 b

1    professionals.
2        (2) Applications and renewals, their contents, and
3    supporting information submitted by or on behalf of
4    cultivation centers and dispensing organizations in
5    compliance with this Act, including their physical
6    addresses.
7        (3) The individual names and other information
8    identifying persons to whom the Department of Public
9    Health has issued registry identification cards.
10        (4) Any dispensing information required to be kept
11    under Section 135, Section 150, or Department of Public
12    Health, Department of Agriculture, or Department of
13    Financial and Professional Regulation rules shall identify
14    cardholders and registered cultivation centers by their
15    registry identification numbers and medical cannabis
16    dispensing organizations by their registration number and
17    not contain names or other personally identifying
18    information.
19        (5) All medical records provided to the Department of
20    Public Health in connection with an application for a
21    registry card.
22    (b) Nothing in this Section precludes the following:
23        (1) Department of Agriculture, Department of Financial
24    and Professional Regulation, or Public Health employees
25    may notify law enforcement about falsified or fraudulent
26    information submitted to the Departments if the employee

 

 

HB3655- 1178 -LRB102 16922 WGH 22334 b

1    who suspects that falsified or fraudulent information has
2    been submitted conferred with his or her supervisor and
3    both agree that circumstances exist that warrant
4    reporting.
5        (2) If the employee conferred with his or her
6    supervisor and both agree that circumstances exist that
7    warrant reporting, Department of Public Health employees
8    may notify the Department of Financial and Professional
9    Regulation if there is reasonable cause to believe a
10    certifying health care professional:
11            (A) issued a written certification without a bona
12        fide health care professional-patient relationship
13        under this Act;
14            (B) issued a written certification to a person who
15        was not under the certifying health care
16        professional's care for the debilitating medical
17        condition; or
18            (C) failed to abide by the acceptable and
19        prevailing standard of care when evaluating a
20        patient's medical condition.
21        (3) The Department of Public Health, Department of
22    Agriculture, and Department of Financial and Professional
23    Regulation may notify State or local law enforcement about
24    apparent criminal violations of this Act if the employee
25    who suspects the offense has conferred with his or her
26    supervisor and both agree that circumstances exist that

 

 

HB3655- 1179 -LRB102 16922 WGH 22334 b

1    warrant reporting.
2        (4) Medical cannabis cultivation center agents and
3    medical cannabis dispensing organizations may notify the
4    Department of Public Health, Department of Financial and
5    Professional Regulation, or Department of Agriculture of a
6    suspected violation or attempted violation of this Act or
7    the rules issued under it.
8        (5) Each Department may verify registry identification
9    cards under Section 150.
10        (6) The submission of the report to the General
11    Assembly under Section 160.
12    (c) It is a Class B misdemeanor with a $1,000 fine for any
13person, including an employee or official of the Department of
14Public Health, Department of Financial and Professional
15Regulation, or Department of Agriculture or another State
16agency or local government, to breach the confidentiality of
17information obtained under this Act.
18    (d) The Department of Public Health, the Department of
19Agriculture, the Illinois Department of State Police, and the
20Department of Financial and Professional Regulation shall not
21share or disclose any existing or non-existing Illinois or
22national criminal history record information. For the purposes
23of this Section, "any existing or non-existing Illinois or
24national criminal history record information" means any
25Illinois or national criminal history record information,
26including but not limited to the lack of or non-existence of

 

 

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1these records.
2(Source: P.A. 101-363, eff. 8-9-19.)
 
3    (410 ILCS 130/150)
4    Sec. 150. Registry identification and registration
5certificate verification.
6    (a) The Department of Public Health shall maintain a
7confidential list of the persons to whom the Department of
8Public Health has issued registry identification cards and
9their addresses, phone numbers, and registry identification
10numbers. This confidential list may not be combined or linked
11in any manner with any other list or database except as
12provided in this Section.
13    (b) Within 180 days of the effective date of this Act, the
14Department of Public Health, Department of Financial and
15Professional Regulation, and Department of Agriculture shall
16together establish a computerized database or verification
17system. The database or verification system must allow law
18enforcement personnel and medical cannabis dispensary
19organization agents to determine whether or not the
20identification number corresponds with a current, valid
21registry identification card. The system shall only disclose
22whether the identification card is valid, whether the
23cardholder is a registered qualifying patient or a registered
24designated caregiver, the registry identification number of
25the registered medical cannabis dispensing organization

 

 

HB3655- 1181 -LRB102 16922 WGH 22334 b

1designated to serve the registered qualifying patient who
2holds the card, and the registry identification number of the
3patient who is assisted by a registered designated caregiver
4who holds the card. The Department of Public Health, the
5Department of Agriculture, the Illinois Department of State
6Police, and the Department of Financial and Professional
7Regulation shall not share or disclose any existing or
8non-existing Illinois or national criminal history record
9information. Notwithstanding any other requirements
10established by this subsection, the Department of Public
11Health shall issue registry cards to qualifying patients, the
12Department of Financial and Professional Regulation may issue
13registration to medical cannabis dispensing organizations for
14the period during which the database is being established, and
15the Department of Agriculture may issue registration to
16medical cannabis cultivation organizations for the period
17during which the database is being established.
18    (c) For the purposes of this Section, "any existing or
19non-existing Illinois or national criminal history record
20information" means any Illinois or national criminal history
21record information, including but not limited to the lack of
22or non-existence of these records.
23(Source: P.A. 98-122, eff. 1-1-14; 98-1172, eff. 1-12-15.)
 
24    (410 ILCS 130/180)
25    Sec. 180. Destruction of medical cannabis.

 

 

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1    (a) All cannabis byproduct, scrap, and harvested cannabis
2not intended for distribution to a medical cannabis
3organization must be destroyed and disposed of pursuant to
4State law. Documentation of destruction and disposal shall be
5retained at the cultivation center for a period of not less
6than 5 years.
7    (b) A cultivation center shall prior to the destruction,
8notify the Department of Agriculture and the Illinois State
9Police.
10    (c) The cultivation center shall keep record of the date
11of destruction and how much was destroyed.
12    (d) A dispensary organization shall destroy all cannabis,
13including cannabis-infused products, that are not sold to
14registered qualifying patients. Documentation of destruction
15and disposal shall be retained at the dispensary organization
16for a period of not less than 5 years.
17    (e) A dispensary organization shall prior to the
18destruction, notify the Department of Financial and
19Professional Regulation and the Illinois State Police.
20(Source: P.A. 98-122, eff. 1-1-14.)
 
21    Section 835. The Vital Records Act is amended by changing
22Sections 15.1 and 25.1 as follows:
 
23    (410 ILCS 535/15.1)  (from Ch. 111 1/2, par. 73-15.1)
24    Sec. 15.1. (1) The Director of the Illinois Department of

 

 

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1State Police or his designee may obtain a registration of a
2fictitious vital record for the purpose and in the manner
3prescribed in this Section.
4    (2) A registration of a fictitious vital record may be
5obtained pursuant to this Section only for law enforcement
6purposes in providing: (a) witnesses with new identification
7to protect them during and following criminal investigations
8or proceedings; and (b) law enforcement officers with new
9identification to enable them to escape detection while
10performing criminal investigations.
11    (3) The Director of the Illinois State Police or his
12designee may apply to the circuit court on behalf of a person
13for an order directing the State Registrar of Vital Records to
14establish a fictitious vital record if it is determined by the
15Director that normal procedures of investigation or protection
16are inadequate or reasonably appear to be unlikely to succeed
17if tried or are too dangerous to employ. The court shall fix a
18time and place for hearing the application and, if it finds
19that the application should be granted, shall order the State
20Registrar of Vital Records to establish the vital record
21requested. The order shall include the data to be registered,
22and shall be delivered in person by the designee of the
23Director of the Illinois Department of State Police to the
24State Registrar of Vital Records. Upon receipt of such order,
25the State Registrar of Vital Records shall establish a vital
26record as if such data had been registered pursuant to Section

 

 

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112 or 18 of this Act or pursuant to Section 210 or 413 of the
2Illinois Marriage and Dissolution of Marriage Act.
3    (4) The general public shall be excluded from any hearing
4on an application for an order under this Section and only
5persons, including representatives of agencies, who in the
6opinion of the court have a direct interest in the matter of
7the application shall be admitted to the hearing.
8    (5) The court's file relating to any proceeding under this
9Section shall be impounded by the clerk of the court and shall
10be opened for examination only upon specific order of the
11court, which order shall name the person or persons who are to
12be permitted to examine such file. Certified copies of any
13paper or document contained in any file so impounded shall be
14made only on like order.
15    (6) Any documentation concerning a vital record registered
16pursuant to this Section, including any court order entered
17under subsection (3), maintained by the Illinois Department of
18State Police or by the State Registrar of Vital Records shall
19be sealed. Such documentation maintained by the Registrar of
20Vital Records shall be opened for examination only upon
21specific order of the court, which order shall name the person
22or persons who are to be permitted to examine such file. Such
23documentation maintained by the Illinois Department of State
24Police shall be opened for examination only upon the written
25permission of the Director of that Department or his designee.
26    (7) The Registrar of Vital Records shall immediately

 

 

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1notify the Director of the Illinois Department of State Police
2or his designee upon receiving any request for a copy of or
3information concerning any vital record registered pursuant to
4this Section.
5    (8) If the court order directing the State Registrar of
6Vital Records to establish a fictitious vital record does not
7specify a time for the destruction or elimination of such
8vital record, the fictitious vital record shall be destroyed
9or eliminated at the conclusion of the investigation or when
10the Director of the Illinois Department of State Police
11determines that such record is no longer necessary. After the
12destruction of such record, the Director of the Illinois
13Department of State Police shall so notify the court which
14entered the order directing the establishment of the
15fictitious vital record.
16(Source: P.A. 85-829.)
 
17    (410 ILCS 535/25.1)  (from Ch. 111 1/2, par. 73-25.1)
18    Sec. 25.1. (a) When the State Registrar of Vital Records
19receives or prepares a death certificate the Registrar shall
20make an appropriate notation in the birth certificate record
21of that person that the person is deceased. The Registrar
22shall also notify the appropriate municipal or county
23custodian of such birth record that the person is deceased,
24and such custodian shall likewise make an appropriate notation
25in its records.

 

 

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1    (b) In response to any inquiry, the Registrar or a
2custodian shall not provide a copy of a birth certificate or
3information concerning the birth record of any deceased person
4except as provided in this subsection (b) or as otherwise
5provided in this Act or as approved by the Department. When a
6copy of the birth certificate of a deceased person is
7requested, the Registrar or custodian shall require the person
8making the request to complete an information form, which
9shall be developed and furnished by the Department and shall
10include, at a minimum, the name, address, telephone number,
11social security number and driver's license number of the
12person making the request. Before furnishing the copy, the
13custodian shall prominently stamp on the copy the word
14"DECEASED" and write or stamp on the copy the date of death of
15the deceased person. The custodian shall retain the
16information form completed by the person making the request,
17and note on the birth certificate record that such a request
18was made. The custodian shall make the information form
19available to the Illinois Department of State Police or any
20local law enforcement agency upon request. A city or county
21custodian shall promptly submit copies of all completed forms
22to the Registrar. The word "DECEASED" and the date of death
23shall not appear on a copy of a birth certificate furnished to
24a parent of a child who died within 3 months of birth, provided
25no other copy of a birth certificate was furnished to the
26parent prior to the child's death.

 

 

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1    (c) The Registrar shall furnish, no later than 60 days
2after receipt of a form used to request a birth certificate
3record of a deceased person, a copy of the form and a copy of
4the corresponding birth certificate record to the Department
5of Healthcare and Family Services and the Department of Human
6Services. The Department of Healthcare and Family Services and
7the Department of Human Services shall, upon receipt of such
8information, check their records to ensure that no claim for
9public assistance under the Illinois Public Aid Code is being
10made either by a person purporting to be the deceased person or
11by any person on behalf of the deceased person.
12    (d) Notwithstanding the requirements of subsection (b),
13when the death of a child occurs within 90 days of that child's
14live birth, the mother listed on the birth certificate of that
15child may request the issuance of a copy of a certificate of
16live birth from the State Registrar. Such request shall be
17made in accordance with subsection (b), shall indicate the
18requestor's relationship to the child, and shall be made not
19later than 9 months from the date of the death of the child.
20Except as provided herein, the Registrar shall conform to all
21requirements of this Act in issuing copies of certificates
22under this subsection (d).
23(Source: P.A. 94-7, eff. 6-6-05; 95-331, eff. 8-21-07.)
 
24    Section 840. The Illinois Food, Drug and Cosmetic Act is
25amended by changing Section 3.21 as follows:
 

 

 

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1    (410 ILCS 620/3.21)  (from Ch. 56 1/2, par. 503.21)
2    Sec. 3.21. Except as authorized by this Act, the Illinois
3Controlled Substances Act, the Pharmacy Practice Act, the
4Dental Practice Act, the Medical Practice Act of 1987, the
5Veterinary Medicine and Surgery Practice Act of 2004, the
6Podiatric Medical Practice Act of 1987, Section 22-30 of the
7School Code, Section 40 of the Illinois State Police Act,
8Section 10.19 of the Illinois Police Training Act, or the
9Epinephrine Injector Act, to sell or dispense a prescription
10drug without a prescription.
11(Source: P.A. 99-78, eff. 7-20-15; 99-711, eff. 1-1-17;
12100-799, eff. 1-1-19.)
 
13    Section 845. The Cannabis Regulation and Tax Act is
14amended by changing Sections 1-10, 5-20, 15-25, 15-30, 15-40,
1515-65, 15-75, 15-100, 15-135, 20-15, 20-30, 20-35, 20-40,
1625-30, 25-35, 30-10, 30-30, 30-35, 30-40, 35-10, 35-25, 35-30,
1740-10, 40-25, 40-30, 40-35, 55-15, 55-30, 55-35, 55-40, 55-50,
1855-55, and 55-80 as follows:
 
19    (410 ILCS 705/1-10)
20    Sec. 1-10. Definitions. In this Act:
21    "Adult Use Cultivation Center License" means a license
22issued by the Department of Agriculture that permits a person
23to act as a cultivation center under this Act and any

 

 

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1administrative rule made in furtherance of this Act.
2    "Adult Use Dispensing Organization License" means a
3license issued by the Department of Financial and Professional
4Regulation that permits a person to act as a dispensing
5organization under this Act and any administrative rule made
6in furtherance of this Act.
7    "Advertise" means to engage in promotional activities
8including, but not limited to: newspaper, radio, Internet and
9electronic media, and television advertising; the distribution
10of fliers and circulars; billboard advertising; and the
11display of window and interior signs. "Advertise" does not
12mean exterior signage displaying only the name of the licensed
13cannabis business establishment.
14    "BLS Region" means a region in Illinois used by the United
15States Bureau of Labor Statistics to gather and categorize
16certain employment and wage data. The 17 such regions in
17Illinois are: Bloomington, Cape Girardeau, Carbondale-Marion,
18Champaign-Urbana, Chicago-Naperville-Elgin, Danville,
19Davenport-Moline-Rock Island, Decatur, Kankakee, Peoria,
20Rockford, St. Louis, Springfield, Northwest Illinois
21nonmetropolitan area, West Central Illinois nonmetropolitan
22area, East Central Illinois nonmetropolitan area, and South
23Illinois nonmetropolitan area.
24    "Cannabis" means marijuana, hashish, and other substances
25that are identified as including any parts of the plant
26Cannabis sativa and including derivatives or subspecies, such

 

 

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1as indica, of all strains of cannabis, whether growing or not;
2the seeds thereof, the resin extracted from any part of the
3plant; and any compound, manufacture, salt, derivative,
4mixture, or preparation of the plant, its seeds, or resin,
5including tetrahydrocannabinol (THC) and all other naturally
6produced cannabinol derivatives, whether produced directly or
7indirectly by extraction; however, "cannabis" does not include
8the mature stalks of the plant, fiber produced from the
9stalks, oil or cake made from the seeds of the plant, any other
10compound, manufacture, salt, derivative, mixture, or
11preparation of the mature stalks (except the resin extracted
12from it), fiber, oil or cake, or the sterilized seed of the
13plant that is incapable of germination. "Cannabis" does not
14include industrial hemp as defined and authorized under the
15Industrial Hemp Act. "Cannabis" also means cannabis flower,
16concentrate, and cannabis-infused products.
17    "Cannabis business establishment" means a cultivation
18center, craft grower, processing organization, infuser
19organization, dispensing organization, or transporting
20organization.
21    "Cannabis concentrate" means a product derived from
22cannabis that is produced by extracting cannabinoids,
23including tetrahydrocannabinol (THC), from the plant through
24the use of propylene glycol, glycerin, butter, olive oil or
25other typical cooking fats; water, ice, or dry ice; or butane,
26propane, CO2, ethanol, or isopropanol and with the intended

 

 

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1use of smoking or making a cannabis-infused product. The use
2of any other solvent is expressly prohibited unless and until
3it is approved by the Department of Agriculture.
4    "Cannabis container" means a sealed, traceable, container,
5or package used for the purpose of containment of cannabis or
6cannabis-infused product during transportation.
7    "Cannabis flower" means marijuana, hashish, and other
8substances that are identified as including any parts of the
9plant Cannabis sativa and including derivatives or subspecies,
10such as indica, of all strains of cannabis; including raw
11kief, leaves, and buds, but not resin that has been extracted
12from any part of such plant; nor any compound, manufacture,
13salt, derivative, mixture, or preparation of such plant, its
14seeds, or resin.
15    "Cannabis-infused product" means a beverage, food, oil,
16ointment, tincture, topical formulation, or another product
17containing cannabis or cannabis concentrate that is not
18intended to be smoked.
19    "Cannabis paraphernalia" means equipment, products, or
20materials intended to be used for planting, propagating,
21cultivating, growing, harvesting, manufacturing, producing,
22processing, preparing, testing, analyzing, packaging,
23repackaging, storing, containing, concealing, ingesting, or
24otherwise introducing cannabis into the human body.
25    "Cannabis plant monitoring system" or "plant monitoring
26system" means a system that includes, but is not limited to,

 

 

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1testing and data collection established and maintained by the
2cultivation center, craft grower, or processing organization
3and that is available to the Department of Revenue, the
4Department of Agriculture, the Department of Financial and
5Professional Regulation, and the Illinois Department of State
6Police for the purposes of documenting each cannabis plant and
7monitoring plant development throughout the life cycle of a
8cannabis plant cultivated for the intended use by a customer
9from seed planting to final packaging.
10    "Cannabis testing facility" means an entity registered by
11the Department of Agriculture to test cannabis for potency and
12contaminants.
13    "Clone" means a plant section from a female cannabis plant
14not yet rootbound, growing in a water solution or other
15propagation matrix, that is capable of developing into a new
16plant.
17    "Community College Cannabis Vocational Training Pilot
18Program faculty participant" means a person who is 21 years of
19age or older, licensed by the Department of Agriculture, and
20is employed or contracted by an Illinois community college to
21provide student instruction using cannabis plants at an
22Illinois Community College.
23    "Community College Cannabis Vocational Training Pilot
24Program faculty participant Agent Identification Card" means a
25document issued by the Department of Agriculture that
26identifies a person as a Community College Cannabis Vocational

 

 

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1Training Pilot Program faculty participant.
2    "Conditional Adult Use Dispensing Organization License"
3means a license awarded to top-scoring applicants for an Adult
4Use Dispensing Organization License that reserves the right to
5an Adult Use Dispensing Organization License if the applicant
6meets certain conditions described in this Act, but does not
7entitle the recipient to begin purchasing or selling cannabis
8or cannabis-infused products.
9    "Conditional Adult Use Cultivation Center License" means a
10license awarded to top-scoring applicants for an Adult Use
11Cultivation Center License that reserves the right to an Adult
12Use Cultivation Center License if the applicant meets certain
13conditions as determined by the Department of Agriculture by
14rule, but does not entitle the recipient to begin growing,
15processing, or selling cannabis or cannabis-infused products.
16    "Craft grower" means a facility operated by an
17organization or business that is licensed by the Department of
18Agriculture to cultivate, dry, cure, and package cannabis and
19perform other necessary activities to make cannabis available
20for sale at a dispensing organization or use at a processing
21organization. A craft grower may contain up to 5,000 square
22feet of canopy space on its premises for plants in the
23flowering state. The Department of Agriculture may authorize
24an increase or decrease of flowering stage cultivation space
25in increments of 3,000 square feet by rule based on market
26need, craft grower capacity, and the licensee's history of

 

 

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1compliance or noncompliance, with a maximum space of 14,000
2square feet for cultivating plants in the flowering stage,
3which must be cultivated in all stages of growth in an enclosed
4and secure area. A craft grower may share premises with a
5processing organization or a dispensing organization, or both,
6provided each licensee stores currency and cannabis or
7cannabis-infused products in a separate secured vault to which
8the other licensee does not have access or all licensees
9sharing a vault share more than 50% of the same ownership.
10    "Craft grower agent" means a principal officer, board
11member, employee, or other agent of a craft grower who is 21
12years of age or older.
13    "Craft Grower Agent Identification Card" means a document
14issued by the Department of Agriculture that identifies a
15person as a craft grower agent.
16    "Cultivation center" means a facility operated by an
17organization or business that is licensed by the Department of
18Agriculture to cultivate, process, transport (unless otherwise
19limited by this Act), and perform other necessary activities
20to provide cannabis and cannabis-infused products to cannabis
21business establishments.
22    "Cultivation center agent" means a principal officer,
23board member, employee, or other agent of a cultivation center
24who is 21 years of age or older.
25    "Cultivation Center Agent Identification Card" means a
26document issued by the Department of Agriculture that

 

 

HB3655- 1195 -LRB102 16922 WGH 22334 b

1identifies a person as a cultivation center agent.
2    "Currency" means currency and coin of the United States.
3    "Dispensary" means a facility operated by a dispensing
4organization at which activities licensed by this Act may
5occur.
6    "Dispensing organization" means a facility operated by an
7organization or business that is licensed by the Department of
8Financial and Professional Regulation to acquire cannabis from
9a cultivation center, craft grower, processing organization,
10or another dispensary for the purpose of selling or dispensing
11cannabis, cannabis-infused products, cannabis seeds,
12paraphernalia, or related supplies under this Act to
13purchasers or to qualified registered medical cannabis
14patients and caregivers. As used in this Act, "dispensing
15organization" includes a registered medical cannabis
16organization as defined in the Compassionate Use of Medical
17Cannabis Program Act or its successor Act that has obtained an
18Early Approval Adult Use Dispensing Organization License.
19    "Dispensing organization agent" means a principal officer,
20employee, or agent of a dispensing organization who is 21
21years of age or older.
22    "Dispensing organization agent identification card" means
23a document issued by the Department of Financial and
24Professional Regulation that identifies a person as a
25dispensing organization agent.
26    "Disproportionately Impacted Area" means a census tract or

 

 

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1comparable geographic area that satisfies the following
2criteria as determined by the Department of Commerce and
3Economic Opportunity, that:
4        (1) meets at least one of the following criteria:
5            (A) the area has a poverty rate of at least 20%
6        according to the latest federal decennial census; or
7            (B) 75% or more of the children in the area
8        participate in the federal free lunch program
9        according to reported statistics from the State Board
10        of Education; or
11            (C) at least 20% of the households in the area
12        receive assistance under the Supplemental Nutrition
13        Assistance Program; or
14            (D) the area has an average unemployment rate, as
15        determined by the Illinois Department of Employment
16        Security, that is more than 120% of the national
17        unemployment average, as determined by the United
18        States Department of Labor, for a period of at least 2
19        consecutive calendar years preceding the date of the
20        application; and
21        (2) has high rates of arrest, conviction, and
22    incarceration related to the sale, possession, use,
23    cultivation, manufacture, or transport of cannabis.
24    "Early Approval Adult Use Cultivation Center License"
25means a license that permits a medical cannabis cultivation
26center licensed under the Compassionate Use of Medical

 

 

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1Cannabis Program Act as of the effective date of this Act to
2begin cultivating, infusing, packaging, transporting (unless
3otherwise provided in this Act), processing and selling
4cannabis or cannabis-infused product to cannabis business
5establishments for resale to purchasers as permitted by this
6Act as of January 1, 2020.
7    "Early Approval Adult Use Dispensing Organization License"
8means a license that permits a medical cannabis dispensing
9organization licensed under the Compassionate Use of Medical
10Cannabis Program Act as of the effective date of this Act to
11begin selling cannabis or cannabis-infused product to
12purchasers as permitted by this Act as of January 1, 2020.
13    "Early Approval Adult Use Dispensing Organization at a
14secondary site" means a license that permits a medical
15cannabis dispensing organization licensed under the
16Compassionate Use of Medical Cannabis Program Act as of the
17effective date of this Act to begin selling cannabis or
18cannabis-infused product to purchasers as permitted by this
19Act on January 1, 2020 at a different dispensary location from
20its existing registered medical dispensary location.
21    "Enclosed, locked facility" means a room, greenhouse,
22building, or other enclosed area equipped with locks or other
23security devices that permit access only by cannabis business
24establishment agents working for the licensed cannabis
25business establishment or acting pursuant to this Act to
26cultivate, process, store, or distribute cannabis.

 

 

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1    "Enclosed, locked space" means a closet, room, greenhouse,
2building or other enclosed area equipped with locks or other
3security devices that permit access only by authorized
4individuals under this Act. "Enclosed, locked space" may
5include:
6        (1) a space within a residential building that (i) is
7    the primary residence of the individual cultivating 5 or
8    fewer cannabis plants that are more than 5 inches tall and
9    (ii) includes sleeping quarters and indoor plumbing. The
10    space must only be accessible by a key or code that is
11    different from any key or code that can be used to access
12    the residential building from the exterior; or
13        (2) a structure, such as a shed or greenhouse, that
14    lies on the same plot of land as a residential building
15    that (i) includes sleeping quarters and indoor plumbing
16    and (ii) is used as a primary residence by the person
17    cultivating 5 or fewer cannabis plants that are more than
18    5 inches tall, such as a shed or greenhouse. The structure
19    must remain locked when it is unoccupied by people.
20    "Financial institution" has the same meaning as "financial
21organization" as defined in Section 1501 of the Illinois
22Income Tax Act, and also includes the holding companies,
23subsidiaries, and affiliates of such financial organizations.
24    "Flowering stage" means the stage of cultivation where and
25when a cannabis plant is cultivated to produce plant material
26for cannabis products. This includes mature plants as follows:

 

 

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1        (1) if greater than 2 stigmas are visible at each
2    internode of the plant; or
3        (2) if the cannabis plant is in an area that has been
4    intentionally deprived of light for a period of time
5    intended to produce flower buds and induce maturation,
6    from the moment the light deprivation began through the
7    remainder of the marijuana plant growth cycle.
8    "Individual" means a natural person.
9    "Infuser organization" or "infuser" means a facility
10operated by an organization or business that is licensed by
11the Department of Agriculture to directly incorporate cannabis
12or cannabis concentrate into a product formulation to produce
13a cannabis-infused product.
14    "Kief" means the resinous crystal-like trichomes that are
15found on cannabis and that are accumulated, resulting in a
16higher concentration of cannabinoids, untreated by heat or
17pressure, or extracted using a solvent.
18    "Labor peace agreement" means an agreement between a
19cannabis business establishment and any labor organization
20recognized under the National Labor Relations Act, referred to
21in this Act as a bona fide labor organization, that prohibits
22labor organizations and members from engaging in picketing,
23work stoppages, boycotts, and any other economic interference
24with the cannabis business establishment. This agreement means
25that the cannabis business establishment has agreed not to
26disrupt efforts by the bona fide labor organization to

 

 

HB3655- 1200 -LRB102 16922 WGH 22334 b

1communicate with, and attempt to organize and represent, the
2cannabis business establishment's employees. The agreement
3shall provide a bona fide labor organization access at
4reasonable times to areas in which the cannabis business
5establishment's employees work, for the purpose of meeting
6with employees to discuss their right to representation,
7employment rights under State law, and terms and conditions of
8employment. This type of agreement shall not mandate a
9particular method of election or certification of the bona
10fide labor organization.
11    "Limited access area" means a room or other area under the
12control of a cannabis dispensing organization licensed under
13this Act and upon the licensed premises where cannabis sales
14occur with access limited to purchasers, dispensing
15organization owners and other dispensing organization agents,
16or service professionals conducting business with the
17dispensing organization, or, if sales to registered qualifying
18patients, caregivers, provisional patients, and Opioid
19Alternative Pilot Program participants licensed pursuant to
20the Compassionate Use of Medical Cannabis Program Act are also
21permitted at the dispensary, registered qualifying patients,
22caregivers, provisional patients, and Opioid Alternative Pilot
23Program participants.
24    "Member of an impacted family" means an individual who has
25a parent, legal guardian, child, spouse, or dependent, or was
26a dependent of an individual who, prior to the effective date

 

 

HB3655- 1201 -LRB102 16922 WGH 22334 b

1of this Act, was arrested for, convicted of, or adjudicated
2delinquent for any offense that is eligible for expungement
3under this Act.
4    "Mother plant" means a cannabis plant that is cultivated
5or maintained for the purpose of generating clones, and that
6will not be used to produce plant material for sale to an
7infuser or dispensing organization.
8    "Ordinary public view" means within the sight line with
9normal visual range of a person, unassisted by visual aids,
10from a public street or sidewalk adjacent to real property, or
11from within an adjacent property.
12    "Ownership and control" means ownership of at least 51% of
13the business, including corporate stock if a corporation, and
14control over the management and day-to-day operations of the
15business and an interest in the capital, assets, and profits
16and losses of the business proportionate to percentage of
17ownership.
18    "Person" means a natural individual, firm, partnership,
19association, joint stock company, joint venture, public or
20private corporation, limited liability company, or a receiver,
21executor, trustee, guardian, or other representative appointed
22by order of any court.
23    "Possession limit" means the amount of cannabis under
24Section 10-10 that may be possessed at any one time by a person
2521 years of age or older or who is a registered qualifying
26medical cannabis patient or caregiver under the Compassionate

 

 

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1Use of Medical Cannabis Program Act.
2    "Principal officer" includes a cannabis business
3establishment applicant or licensed cannabis business
4establishment's board member, owner with more than 1% interest
5of the total cannabis business establishment or more than 5%
6interest of the total cannabis business establishment of a
7publicly traded company, president, vice president, secretary,
8treasurer, partner, officer, member, manager member, or person
9with a profit sharing, financial interest, or revenue sharing
10arrangement. The definition includes a person with authority
11to control the cannabis business establishment, a person who
12assumes responsibility for the debts of the cannabis business
13establishment and who is further defined in this Act.
14    "Primary residence" means a dwelling where a person
15usually stays or stays more often than other locations. It may
16be determined by, without limitation, presence, tax filings;
17address on an Illinois driver's license, an Illinois
18Identification Card, or an Illinois Person with a Disability
19Identification Card; or voter registration. No person may have
20more than one primary residence.
21    "Processing organization" or "processor" means a facility
22operated by an organization or business that is licensed by
23the Department of Agriculture to either extract constituent
24chemicals or compounds to produce cannabis concentrate or
25incorporate cannabis or cannabis concentrate into a product
26formulation to produce a cannabis product.

 

 

HB3655- 1203 -LRB102 16922 WGH 22334 b

1    "Processing organization agent" means a principal officer,
2board member, employee, or agent of a processing organization.
3    "Processing organization agent identification card" means
4a document issued by the Department of Agriculture that
5identifies a person as a processing organization agent.
6    "Purchaser" means a person 21 years of age or older who
7acquires cannabis for a valuable consideration. "Purchaser"
8does not include a cardholder under the Compassionate Use of
9Medical Cannabis Program Act.
10    "Qualified Social Equity Applicant" means a Social Equity
11Applicant who has been awarded a conditional license under
12this Act to operate a cannabis business establishment.
13    "Resided" means an individual's primary residence was
14located within the relevant geographic area as established by
152 of the following:
16        (1) a signed lease agreement that includes the
17    applicant's name;
18        (2) a property deed that includes the applicant's
19    name;
20        (3) school records;
21        (4) a voter registration card;
22        (5) an Illinois driver's license, an Illinois
23    Identification Card, or an Illinois Person with a
24    Disability Identification Card;
25        (6) a paycheck stub;
26        (7) a utility bill;

 

 

HB3655- 1204 -LRB102 16922 WGH 22334 b

1        (8) tax records; or
2        (9) any other proof of residency or other information
3    necessary to establish residence as provided by rule.
4    "Smoking" means the inhalation of smoke caused by the
5combustion of cannabis.
6    "Social Equity Applicant" means an applicant that is an
7Illinois resident that meets one of the following criteria:
8        (1) an applicant with at least 51% ownership and
9    control by one or more individuals who have resided for at
10    least 5 of the preceding 10 years in a Disproportionately
11    Impacted Area;
12        (2) an applicant with at least 51% ownership and
13    control by one or more individuals who:
14            (i) have been arrested for, convicted of, or
15        adjudicated delinquent for any offense that is
16        eligible for expungement under this Act; or
17            (ii) is a member of an impacted family;
18        (3) for applicants with a minimum of 10 full-time
19    employees, an applicant with at least 51% of current
20    employees who:
21            (i) currently reside in a Disproportionately
22        Impacted Area; or
23            (ii) have been arrested for, convicted of, or
24        adjudicated delinquent for any offense that is
25        eligible for expungement under this Act or member of
26        an impacted family.

 

 

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1    Nothing in this Act shall be construed to preempt or limit
2the duties of any employer under the Job Opportunities for
3Qualified Applicants Act. Nothing in this Act shall permit an
4employer to require an employee to disclose sealed or expunged
5offenses, unless otherwise required by law.
6    "Tincture" means a cannabis-infused solution, typically
7comprised of alcohol, glycerin, or vegetable oils, derived
8either directly from the cannabis plant or from a processed
9cannabis extract. A tincture is not an alcoholic liquor as
10defined in the Liquor Control Act of 1934. A tincture shall
11include a calibrated dropper or other similar device capable
12of accurately measuring servings.
13    "Transporting organization" or "transporter" means an
14organization or business that is licensed by the Department of
15Agriculture to transport cannabis or cannabis-infused product
16on behalf of a cannabis business establishment or a community
17college licensed under the Community College Cannabis
18Vocational Training Pilot Program.
19    "Transporting organization agent" means a principal
20officer, board member, employee, or agent of a transporting
21organization.
22    "Transporting organization agent identification card"
23means a document issued by the Department of Agriculture that
24identifies a person as a transporting organization agent.
25    "Unit of local government" means any county, city,
26village, or incorporated town.

 

 

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1    "Vegetative stage" means the stage of cultivation in which
2a cannabis plant is propagated to produce additional cannabis
3plants or reach a sufficient size for production. This
4includes seedlings, clones, mothers, and other immature
5cannabis plants as follows:
6        (1) if the cannabis plant is in an area that has not
7    been intentionally deprived of light for a period of time
8    intended to produce flower buds and induce maturation, it
9    has no more than 2 stigmas visible at each internode of the
10    cannabis plant; or
11        (2) any cannabis plant that is cultivated solely for
12    the purpose of propagating clones and is never used to
13    produce cannabis.
14(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
15    (410 ILCS 705/5-20)
16    Sec. 5-20. Background checks.
17    (a) Through the Illinois Department of State Police, the
18licensing or issuing Department shall conduct a criminal
19history record check of the prospective principal officers,
20board members, and agents of a cannabis business establishment
21applying for a license or identification card under this Act.
22    Each cannabis business establishment prospective principal
23officer, board member, or agent shall submit his or her
24fingerprints to the Illinois Department of State Police in the
25form and manner prescribed by the Illinois Department of State

 

 

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1Police.
2    Unless otherwise provided in this Act, such fingerprints
3shall be transmitted through a live scan fingerprint vendor
4licensed by the Department of Financial and Professional
5Regulation. These fingerprints shall be checked against the
6fingerprint records now and hereafter filed in the Illinois
7Department of State Police and Federal Bureau of Investigation
8criminal history records databases. The Illinois Department of
9State Police shall charge a fee for conducting the criminal
10history record check, which shall be deposited into the State
11Police Services Fund and shall not exceed the actual cost of
12the State and national criminal history record check. The
13Illinois Department of State Police shall furnish, pursuant to
14positive identification, all Illinois conviction information
15and shall forward the national criminal history record
16information to:
17        (i) the Department of Agriculture, with respect to a
18    cultivation center, craft grower, infuser organization, or
19    transporting organization; or
20        (ii) the Department of Financial and Professional
21    Regulation, with respect to a dispensing organization.
22    (b) When applying for the initial license or
23identification card, the background checks for all prospective
24principal officers, board members, and agents shall be
25completed before submitting the application to the licensing
26or issuing agency.

 

 

HB3655- 1208 -LRB102 16922 WGH 22334 b

1    (c) All applications for licensure under this Act by
2applicants with criminal convictions shall be subject to
3Sections 2105-131, 2105-135, and 2105-205 of the Department of
4Professional Regulation Law of the Civil Administrative Code
5of Illinois.
6(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
7    (410 ILCS 705/15-25)
8    Sec. 15-25. Awarding of Conditional Adult Use Dispensing
9Organization Licenses prior to January 1, 2021.
10    (a) The Department shall issue up to 75 Conditional Adult
11Use Dispensing Organization Licenses before May 1, 2020.
12    (b) The Department shall make the application for a
13Conditional Adult Use Dispensing Organization License
14available no later than October 1, 2019 and shall accept
15applications no later than January 1, 2020.
16    (c) To ensure the geographic dispersion of Conditional
17Adult Use Dispensing Organization License holders, the
18following number of licenses shall be awarded in each BLS
19Region as determined by each region's percentage of the
20State's population:
21        (1) Bloomington: 1
22        (2) Cape Girardeau: 1
23        (3) Carbondale-Marion: 1
24        (4) Champaign-Urbana: 1
25        (5) Chicago-Naperville-Elgin: 47

 

 

HB3655- 1209 -LRB102 16922 WGH 22334 b

1        (6) Danville: 1
2        (7) Davenport-Moline-Rock Island: 1
3        (8) Decatur: 1
4        (9) Kankakee: 1
5        (10) Peoria: 3
6        (11) Rockford: 2
7        (12) St. Louis: 4
8        (13) Springfield: 1
9        (14) Northwest Illinois nonmetropolitan: 3
10        (15) West Central Illinois nonmetropolitan: 3
11        (16) East Central Illinois nonmetropolitan: 2
12        (17) South Illinois nonmetropolitan: 2
13    (d) An applicant seeking issuance of a Conditional Adult
14Use Dispensing Organization License shall submit an
15application on forms provided by the Department. An applicant
16must meet the following requirements:
17        (1) Payment of a nonrefundable application fee of
18    $5,000 for each license for which the applicant is
19    applying, which shall be deposited into the Cannabis
20    Regulation Fund;
21        (2) Certification that the applicant will comply with
22    the requirements contained in this Act;
23        (3) The legal name of the proposed dispensing
24    organization;
25        (4) A statement that the dispensing organization
26    agrees to respond to the Department's supplemental

 

 

HB3655- 1210 -LRB102 16922 WGH 22334 b

1    requests for information;
2        (5) From each principal officer, a statement
3    indicating whether that person:
4            (A) has previously held or currently holds an
5        ownership interest in a cannabis business
6        establishment in Illinois; or
7            (B) has held an ownership interest in a dispensing
8        organization or its equivalent in another state or
9        territory of the United States that had the dispensing
10        organization registration or license suspended,
11        revoked, placed on probationary status, or subjected
12        to other disciplinary action;
13        (6) Disclosure of whether any principal officer has
14    ever filed for bankruptcy or defaulted on spousal support
15    or child support obligation;
16        (7) A resume for each principal officer, including
17    whether that person has an academic degree, certification,
18    or relevant experience with a cannabis business
19    establishment or in a related industry;
20        (8) A description of the training and education that
21    will be provided to dispensing organization agents;
22        (9) A copy of the proposed operating bylaws;
23        (10) A copy of the proposed business plan that
24    complies with the requirements in this Act, including, at
25    a minimum, the following:
26            (A) A description of services to be offered; and

 

 

HB3655- 1211 -LRB102 16922 WGH 22334 b

1            (B) A description of the process of dispensing
2        cannabis;
3        (11) A copy of the proposed security plan that
4    complies with the requirements in this Article, including:
5            (A) The process or controls that will be
6        implemented to monitor the dispensary, secure the
7        premises, agents, and currency, and prevent the
8        diversion, theft, or loss of cannabis; and
9            (B) The process to ensure that access to the
10        restricted access areas is restricted to, registered
11        agents, service professionals, transporting
12        organization agents, Department inspectors, and
13        security personnel;
14        (12) A proposed inventory control plan that complies
15    with this Section;
16        (13) A proposed floor plan, a square footage estimate,
17    and a description of proposed security devices, including,
18    without limitation, cameras, motion detectors, servers,
19    video storage capabilities, and alarm service providers;
20        (14) The name, address, social security number, and
21    date of birth of each principal officer and board member
22    of the dispensing organization; each of those individuals
23    shall be at least 21 years of age;
24        (15) Evidence of the applicant's status as a Social
25    Equity Applicant, if applicable, and whether a Social
26    Equity Applicant plans to apply for a loan or grant issued

 

 

HB3655- 1212 -LRB102 16922 WGH 22334 b

1    by the Department of Commerce and Economic Opportunity;
2        (16) The address, telephone number, and email address
3    of the applicant's principal place of business, if
4    applicable. A post office box is not permitted;
5        (17) Written summaries of any information regarding
6    instances in which a business or not-for-profit that a
7    prospective board member previously managed or served on
8    were fined or censured, or any instances in which a
9    business or not-for-profit that a prospective board member
10    previously managed or served on had its registration
11    suspended or revoked in any administrative or judicial
12    proceeding;
13        (18) A plan for community engagement;
14        (19) Procedures to ensure accurate recordkeeping and
15    security measures that are in accordance with this Article
16    and Department rules;
17        (20) The estimated volume of cannabis it plans to
18    store at the dispensary;
19        (21) A description of the features that will provide
20    accessibility to purchasers as required by the Americans
21    with Disabilities Act;
22        (22) A detailed description of air treatment systems
23    that will be installed to reduce odors;
24        (23) A reasonable assurance that the issuance of a
25    license will not have a detrimental impact on the
26    community in which the applicant wishes to locate;

 

 

HB3655- 1213 -LRB102 16922 WGH 22334 b

1        (24) The dated signature of each principal officer;
2        (25) A description of the enclosed, locked facility
3    where cannabis will be stored by the dispensing
4    organization;
5        (26) Signed statements from each dispensing
6    organization agent stating that he or she will not divert
7    cannabis;
8        (27) The number of licenses it is applying for in each
9    BLS Region;
10        (28) A diversity plan that includes a narrative of at
11    least 2,500 words that establishes a goal of diversity in
12    ownership, management, employment, and contracting to
13    ensure that diverse participants and groups are afforded
14    equality of opportunity;
15        (29) A contract with a private security contractor
16    that is licensed under Section 10-5 of the Private
17    Detective, Private Alarm, Private Security, Fingerprint
18    Vendor, and Locksmith Act of 2004 in order for the
19    dispensary to have adequate security at its facility; and
20        (30) Other information deemed necessary by the
21    Illinois Cannabis Regulation Oversight Officer to conduct
22    the disparity and availability study referenced in
23    subsection (e) of Section 5-45.
24    (e) An applicant who receives a Conditional Adult Use
25Dispensing Organization License under this Section has 180
26days from the date of award to identify a physical location for

 

 

HB3655- 1214 -LRB102 16922 WGH 22334 b

1the dispensing organization retail storefront. Before a
2conditional licensee receives an authorization to build out
3the dispensing organization from the Department, the
4Department shall inspect the physical space selected by the
5conditional licensee. The Department shall verify the site is
6suitable for public access, the layout promotes the safe
7dispensing of cannabis, the location is sufficient in size,
8power allocation, lighting, parking, handicapped accessible
9parking spaces, accessible entry and exits as required by the
10Americans with Disabilities Act, product handling, and
11storage. The applicant shall also provide a statement of
12reasonable assurance that the issuance of a license will not
13have a detrimental impact on the community. The applicant
14shall also provide evidence that the location is not within
151,500 feet of an existing dispensing organization. If an
16applicant is unable to find a suitable physical address in the
17opinion of the Department within 180 days of the issuance of
18the Conditional Adult Use Dispensing Organization License, the
19Department may extend the period for finding a physical
20address another 180 days if the Conditional Adult Use
21Dispensing Organization License holder demonstrates concrete
22attempts to secure a location and a hardship. If the
23Department denies the extension or the Conditional Adult Use
24Dispensing Organization License holder is unable to find a
25location or become operational within 360 days of being
26awarded a conditional license, the Department shall rescind

 

 

HB3655- 1215 -LRB102 16922 WGH 22334 b

1the conditional license and award it to the next highest
2scoring applicant in the BLS Region for which the license was
3assigned, provided the applicant receiving the license: (i)
4confirms a continued interest in operating a dispensing
5organization; (ii) can provide evidence that the applicant
6continues to meet all requirements for holding a Conditional
7Adult Use Dispensing Organization License set forth in this
8Act; and (iii) has not otherwise become ineligible to be
9awarded a dispensing organization license. If the new awardee
10is unable to accept the Conditional Adult Use Dispensing
11Organization License, the Department shall award the
12Conditional Adult Use Dispensing Organization License to the
13next highest scoring applicant in the same manner. The new
14awardee shall be subject to the same required deadlines as
15provided in this subsection.
16    (e-5) If, within 180 days of being awarded a Conditional
17Adult Use Dispensing Organization License, a dispensing
18organization is unable to find a location within the BLS
19Region in which it was awarded a Conditional Adult Use
20Dispensing Organization License because no jurisdiction within
21the BLS Region allows for the operation of an Adult Use
22Dispensing Organization, the Department of Financial and
23Professional Regulation may authorize the Conditional Adult
24Use Dispensing Organization License holder to transfer its
25license to a BLS Region specified by the Department.
26    (f) A dispensing organization that is awarded a

 

 

HB3655- 1216 -LRB102 16922 WGH 22334 b

1Conditional Adult Use Dispensing Organization License pursuant
2to the criteria in Section 15-30 shall not purchase, possess,
3sell, or dispense cannabis or cannabis-infused products until
4the person has received an Adult Use Dispensing Organization
5License issued by the Department pursuant to Section 15-36 of
6this Act.
7    (g) The Department shall conduct a background check of the
8prospective organization agents in order to carry out this
9Article. The Illinois Department of State Police shall charge
10the applicant a fee for conducting the criminal history record
11check, which shall be deposited into the State Police Services
12Fund and shall not exceed the actual cost of the record check.
13Each person applying as a dispensing organization agent shall
14submit a full set of fingerprints to the Illinois Department
15of State Police for the purpose of obtaining a State and
16federal criminal records check. These fingerprints shall be
17checked against the fingerprint records now and hereafter, to
18the extent allowed by law, filed in the Illinois Department of
19State Police and Federal Bureau of Identification criminal
20history records databases. The Illinois Department of State
21Police shall furnish, following positive identification, all
22Illinois conviction information to the Department.
23(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
24    (410 ILCS 705/15-30)
25    Sec. 15-30. Selection criteria for conditional licenses

 

 

HB3655- 1217 -LRB102 16922 WGH 22334 b

1awarded under Section 15-25.
2    (a) Applicants for a Conditional Adult Use Dispensing
3Organization License must submit all required information,
4including the information required in Section 15-25, to the
5Department. Failure by an applicant to submit all required
6information may result in the application being disqualified.
7    (b) If the Department receives an application that fails
8to provide the required elements contained in this Section,
9the Department shall issue a deficiency notice to the
10applicant. The applicant shall have 10 calendar days from the
11date of the deficiency notice to resubmit the incomplete
12information. Applications that are still incomplete after this
13opportunity to cure will not be scored and will be
14disqualified.
15    (c) The Department will award up to 250 points to complete
16applications based on the sufficiency of the applicant's
17responses to required information. Applicants will be awarded
18points based on a determination that the application
19satisfactorily includes the following elements:
20        (1) Suitability of Employee Training Plan (15 points).
21            The plan includes an employee training plan that
22        demonstrates that employees will understand the rules
23        and laws to be followed by dispensary employees, have
24        knowledge of any security measures and operating
25        procedures of the dispensary, and are able to advise
26        purchasers on how to safely consume cannabis and use

 

 

HB3655- 1218 -LRB102 16922 WGH 22334 b

1        individual products offered by the dispensary.
2        (2) Security and Recordkeeping (65 points).
3            (A) The security plan accounts for the prevention
4        of the theft or diversion of cannabis. The security
5        plan demonstrates safety procedures for dispensing
6        organization agents and purchasers, and safe delivery
7        and storage of cannabis and currency. It demonstrates
8        compliance with all security requirements in this Act
9        and rules.
10            (B) A plan for recordkeeping, tracking, and
11        monitoring inventory, quality control, and other
12        policies and procedures that will promote standard
13        recordkeeping and discourage unlawful activity. This
14        plan includes the applicant's strategy to communicate
15        with the Department and the Illinois Department of
16        State Police on the destruction and disposal of
17        cannabis. The plan must also demonstrate compliance
18        with this Act and rules.
19            (C) The security plan shall also detail which
20        private security contractor licensed under Section
21        10-5 of the Private Detective, Private Alarm, Private
22        Security, Fingerprint Vendor, and Locksmith Act of
23        2004 the dispensary will contract with in order to
24        provide adequate security at its facility.
25        (3) Applicant's Business Plan, Financials, Operating
26    and Floor Plan (65 points).

 

 

HB3655- 1219 -LRB102 16922 WGH 22334 b

1            (A) The business plan shall describe, at a
2        minimum, how the dispensing organization will be
3        managed on a long-term basis. This shall include a
4        description of the dispensing organization's
5        point-of-sale system, purchases and denials of sale,
6        confidentiality, and products and services to be
7        offered. It will demonstrate compliance with this Act
8        and rules.
9            (B) The operating plan shall include, at a
10        minimum, best practices for day-to-day dispensary
11        operation and staffing. The operating plan may also
12        include information about employment practices,
13        including information about the percentage of
14        full-time employees who will be provided a living
15        wage.
16            (C) The proposed floor plan is suitable for public
17        access, the layout promotes safe dispensing of
18        cannabis, is compliant with the Americans with
19        Disabilities Act and the Environmental Barriers Act,
20        and facilitates safe product handling and storage.
21        (4) Knowledge and Experience (30 points).
22            (A) The applicant's principal officers must
23        demonstrate experience and qualifications in business
24        management or experience with the cannabis industry.
25        This includes ensuring optimal safety and accuracy in
26        the dispensing and sale of cannabis.

 

 

HB3655- 1220 -LRB102 16922 WGH 22334 b

1            (B) The applicant's principal officers must
2        demonstrate knowledge of various cannabis product
3        strains or varieties and describe the types and
4        quantities of products planned to be sold. This
5        includes confirmation of whether the dispensing
6        organization plans to sell cannabis paraphernalia or
7        edibles.
8            (C) Knowledge and experience may be demonstrated
9        through experience in other comparable industries that
10        reflect on the applicant's ability to operate a
11        cannabis business establishment.
12        (5) Status as a Social Equity Applicant (50 points).
13            The applicant meets the qualifications for a
14        Social Equity Applicant as set forth in this Act.
15        (6) Labor and employment practices (5 points): The
16    applicant may describe plans to provide a safe, healthy,
17    and economically beneficial working environment for its
18    agents, including, but not limited to, codes of conduct,
19    health care benefits, educational benefits, retirement
20    benefits, living wage standards, and entering a labor
21    peace agreement with employees.
22        (7) Environmental Plan (5 points): The applicant may
23    demonstrate an environmental plan of action to minimize
24    the carbon footprint, environmental impact, and resource
25    needs for the dispensary, which may include, without
26    limitation, recycling cannabis product packaging.

 

 

HB3655- 1221 -LRB102 16922 WGH 22334 b

1        (8) Illinois owner (5 points): The applicant is 51% or
2    more owned and controlled by an Illinois resident, who can
3    prove residency in each of the past 5 years with tax
4    records or 2 of the following:
5            (A) a signed lease agreement that includes the
6        applicant's name;
7            (B) a property deed that includes the applicant's
8        name;
9            (C) school records;
10            (D) a voter registration card;
11            (E) an Illinois driver's license, an Illinois
12        Identification Card, or an Illinois Person with a
13        Disability Identification Card;
14            (F) a paycheck stub;
15            (G) a utility bill; or
16            (H) any other proof of residency or other
17        information necessary to establish residence as
18        provided by rule.
19        (9) Status as veteran (5 points): The applicant is 51%
20    or more controlled and owned by an individual or
21    individuals who meet the qualifications of a veteran as
22    defined by Section 45-57 of the Illinois Procurement Code.
23        (10) A diversity plan (5 points): that includes a
24    narrative of not more than 2,500 words that establishes a
25    goal of diversity in ownership, management, employment,
26    and contracting to ensure that diverse participants and

 

 

HB3655- 1222 -LRB102 16922 WGH 22334 b

1    groups are afforded equality of opportunity.
2    (d) The Department may also award up to 2 bonus points for
3a plan to engage with the community. The applicant may
4demonstrate a desire to engage with its community by
5participating in one or more of, but not limited to, the
6following actions: (i) establishment of an incubator program
7designed to increase participation in the cannabis industry by
8persons who would qualify as Social Equity Applicants; (ii)
9providing financial assistance to substance abuse treatment
10centers; (iii) educating children and teens about the
11potential harms of cannabis use; or (iv) other measures
12demonstrating a commitment to the applicant's community. Bonus
13points will only be awarded if the Department receives
14applications that receive an equal score for a particular
15region.
16    (e) The Department may verify information contained in
17each application and accompanying documentation to assess the
18applicant's veracity and fitness to operate a dispensing
19organization.
20    (f) The Department may, in its discretion, refuse to issue
21an authorization to any applicant:
22        (1) Who is unqualified to perform the duties required
23    of the applicant;
24        (2) Who fails to disclose or states falsely any
25    information called for in the application;
26        (3) Who has been found guilty of a violation of this

 

 

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1    Act, or whose medical cannabis dispensing organization,
2    medical cannabis cultivation organization, or Early
3    Approval Adult Use Dispensing Organization License, or
4    Early Approval Adult Use Dispensing Organization License
5    at a secondary site, or Early Approval Cultivation Center
6    License was suspended, restricted, revoked, or denied for
7    just cause, or the applicant's cannabis business
8    establishment license was suspended, restricted, revoked,
9    or denied in any other state; or
10        (4) Who has engaged in a pattern or practice of unfair
11    or illegal practices, methods, or activities in the
12    conduct of owning a cannabis business establishment or
13    other business.
14    (g) The Department shall deny the license if any principal
15officer, board member, or person having a financial or voting
16interest of 5% or greater in the licensee is delinquent in
17filing any required tax returns or paying any amounts owed to
18the State of Illinois.
19    (h) The Department shall verify an applicant's compliance
20with the requirements of this Article and rules before issuing
21a dispensing organization license.
22    (i) Should the applicant be awarded a license, the
23information and plans provided in the application, including
24any plans submitted for bonus points, shall become a condition
25of the Conditional Adult Use Dispensing Organization Licenses
26and any Adult Use Dispensing Organization License issued to

 

 

HB3655- 1224 -LRB102 16922 WGH 22334 b

1the holder of the Conditional Adult Use Dispensing
2Organization License, except as otherwise provided by this Act
3or rule. Dispensing organizations have a duty to disclose any
4material changes to the application. The Department shall
5review all material changes disclosed by the dispensing
6organization, and may re-evaluate its prior decision regarding
7the awarding of a license, including, but not limited to,
8suspending or permanently revoking a license. Failure to
9comply with the conditions or requirements in the application
10may subject the dispensing organization to discipline, up to
11and including suspension or permanent revocation of its
12authorization or license by the Department.
13    (j) If an applicant has not begun operating as a
14dispensing organization within one year of the issuance of the
15Conditional Adult Use Dispensing Organization License, the
16Department may permanently revoke the Conditional Adult Use
17Dispensing Organization License and award it to the next
18highest scoring applicant in the BLS Region if a suitable
19applicant indicates a continued interest in the license or
20begin a new selection process to award a Conditional Adult Use
21Dispensing Organization License.
22    (k) The Department shall deny an application if granting
23that application would result in a single person or entity
24having a direct or indirect financial interest in more than 10
25Early Approval Adult Use Dispensing Organization Licenses,
26Conditional Adult Use Dispensing Organization Licenses, or

 

 

HB3655- 1225 -LRB102 16922 WGH 22334 b

1Adult Use Dispensing Organization Licenses. Any entity that is
2awarded a license that results in a single person or entity
3having a direct or indirect financial interest in more than 10
4licenses shall forfeit the most recently issued license and
5suffer a penalty to be determined by the Department, unless
6the entity declines the license at the time it is awarded.
7(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
8    (410 ILCS 705/15-40)
9    Sec. 15-40. Dispensing organization agent identification
10card; agent training.
11    (a) The Department shall:
12        (1) verify the information contained in an application
13    or renewal for a dispensing organization agent
14    identification card submitted under this Article, and
15    approve or deny an application or renewal, within 30 days
16    of receiving a completed application or renewal
17    application and all supporting documentation required by
18    rule;
19        (2) issue a dispensing organization agent
20    identification card to a qualifying agent within 15
21    business days of approving the application or renewal;
22        (3) enter the registry identification number of the
23    dispensing organization where the agent works;
24        (4) within one year from the effective date of this
25    Act, allow for an electronic application process and

 

 

HB3655- 1226 -LRB102 16922 WGH 22334 b

1    provide a confirmation by electronic or other methods that
2    an application has been submitted; and
3        (5) collect a $100 nonrefundable fee from the
4    applicant to be deposited into the Cannabis Regulation
5    Fund.
6    (b) A dispensing organization agent must keep his or her
7identification card visible at all times when in the
8dispensary.
9    (c) The dispensing organization agent identification cards
10shall contain the following:
11        (1) the name of the cardholder;
12        (2) the date of issuance and expiration date of the
13    dispensing organization agent identification cards;
14        (3) a random 10-digit alphanumeric identification
15    number containing at least 4 numbers and at least 4
16    letters that is unique to the cardholder; and
17        (4) a photograph of the cardholder.
18    (d) The dispensing organization agent identification cards
19shall be immediately returned to the dispensing organization
20upon termination of employment.
21    (e) The Department shall not issue an agent identification
22card if the applicant is delinquent in filing any required tax
23returns or paying any amounts owed to the State of Illinois.
24    (f) Any card lost by a dispensing organization agent shall
25be reported to the Illinois Department of State Police and the
26Department immediately upon discovery of the loss.

 

 

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1    (g) An applicant shall be denied a dispensing organization
2agent identification card renewal if he or she fails to
3complete the training provided for in this Section.
4    (h) A dispensing organization agent shall only be required
5to hold one card for the same employer regardless of what type
6of dispensing organization license the employer holds.
7    (i) Cannabis retail sales training requirements.
8        (1) Within 90 days of September 1, 2019, or 90 days of
9    employment, whichever is later, all owners, managers,
10    employees, and agents involved in the handling or sale of
11    cannabis or cannabis-infused product employed by an adult
12    use dispensing organization or medical cannabis dispensing
13    organization as defined in Section 10 of the Compassionate
14    Use of Medical Cannabis Program Act shall attend and
15    successfully complete a Responsible Vendor Program.
16        (2) Each owner, manager, employee, and agent of an
17    adult use dispensing organization or medical cannabis
18    dispensing organization shall successfully complete the
19    program annually.
20        (3) Responsible Vendor Program Training modules shall
21    include at least 2 hours of instruction time approved by
22    the Department including:
23            (i) Health and safety concerns of cannabis use,
24        including the responsible use of cannabis, its
25        physical effects, onset of physiological effects,
26        recognizing signs of impairment, and appropriate

 

 

HB3655- 1228 -LRB102 16922 WGH 22334 b

1        responses in the event of overconsumption.
2            (ii) Training on laws and regulations on driving
3        while under the influence and operating a watercraft
4        or snowmobile while under the influence.
5            (iii) Sales to minors prohibition. Training shall
6        cover all relevant Illinois laws and rules.
7            (iv) Quantity limitations on sales to purchasers.
8        Training shall cover all relevant Illinois laws and
9        rules.
10            (v) Acceptable forms of identification. Training
11        shall include:
12                (I) How to check identification; and
13                (II) Common mistakes made in verification;
14            (vi) Safe storage of cannabis;
15            (vii) Compliance with all inventory tracking
16        system regulations;
17            (viii) Waste handling, management, and disposal;
18            (ix) Health and safety standards;
19            (x) Maintenance of records;
20            (xi) Security and surveillance requirements;
21            (xii) Permitting inspections by State and local
22        licensing and enforcement authorities;
23            (xiii) Privacy issues;
24            (xiv) Packaging and labeling requirement for sales
25        to purchasers; and
26            (xv) Other areas as determined by rule.

 

 

HB3655- 1229 -LRB102 16922 WGH 22334 b

1    (j) Blank.
2    (k) Upon the successful completion of the Responsible
3Vendor Program, the provider shall deliver proof of completion
4either through mail or electronic communication to the
5dispensing organization, which shall retain a copy of the
6certificate.
7    (l) The license of a dispensing organization or medical
8cannabis dispensing organization whose owners, managers,
9employees, or agents fail to comply with this Section may be
10suspended or permanently revoked under Section 15-145 or may
11face other disciplinary action.
12    (m) The regulation of dispensing organization and medical
13cannabis dispensing employer and employee training is an
14exclusive function of the State, and regulation by a unit of
15local government, including a home rule unit, is prohibited.
16This subsection (m) is a denial and limitation of home rule
17powers and functions under subsection (h) of Section 6 of
18Article VII of the Illinois Constitution.
19    (n) Persons seeking Department approval to offer the
20training required by paragraph (3) of subsection (i) may apply
21for such approval between August 1 and August 15 of each
22odd-numbered year in a manner prescribed by the Department.
23    (o) Persons seeking Department approval to offer the
24training required by paragraph (3) of subsection (i) shall
25submit a nonrefundable application fee of $2,000 to be
26deposited into the Cannabis Regulation Fund or a fee as may be

 

 

HB3655- 1230 -LRB102 16922 WGH 22334 b

1set by rule. Any changes made to the training module shall be
2approved by the Department.
3    (p) The Department shall not unreasonably deny approval of
4a training module that meets all the requirements of paragraph
5(3) of subsection (i). A denial of approval shall include a
6detailed description of the reasons for the denial.
7    (q) Any person approved to provide the training required
8by paragraph (3) of subsection (i) shall submit an application
9for re-approval between August 1 and August 15 of each
10odd-numbered year and include a nonrefundable application fee
11of $2,000 to be deposited into the Cannabis Regulation Fund or
12a fee as may be set by rule.
13    (r) All persons applying to become or renewing their
14registrations to be agents, including agents-in-charge and
15principal officers, shall disclose any disciplinary action
16taken against them that may have occurred in Illinois, another
17state, or another country in relation to their employment at a
18cannabis business establishment or at any cannabis cultivation
19center, processor, infuser, dispensary, or other cannabis
20business establishment.
21(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
22    (410 ILCS 705/15-65)
23    Sec. 15-65. Administration.
24    (a) A dispensing organization shall establish, maintain,
25and comply with written policies and procedures as submitted

 

 

HB3655- 1231 -LRB102 16922 WGH 22334 b

1in the Business, Financial and Operating plan as required in
2this Article or by rules established by the Department, and
3approved by the Department, for the security, storage,
4inventory, and distribution of cannabis. These policies and
5procedures shall include methods for identifying, recording,
6and reporting diversion, theft, or loss, and for correcting
7errors and inaccuracies in inventories. At a minimum,
8dispensing organizations shall ensure the written policies and
9procedures provide for the following:
10        (1) Mandatory and voluntary recalls of cannabis
11    products. The policies shall be adequate to deal with
12    recalls due to any action initiated at the request of the
13    Department and any voluntary action by the dispensing
14    organization to remove defective or potentially defective
15    cannabis from the market or any action undertaken to
16    promote public health and safety, including:
17            (i) A mechanism reasonably calculated to contact
18        purchasers who have, or likely have, obtained the
19        product from the dispensary, including information on
20        the policy for return of the recalled product;
21            (ii) A mechanism to identify and contact the adult
22        use cultivation center, craft grower, or infuser that
23        manufactured the cannabis;
24            (iii) Policies for communicating with the
25        Department, the Department of Agriculture, and the
26        Department of Public Health within 24 hours of

 

 

HB3655- 1232 -LRB102 16922 WGH 22334 b

1        discovering defective or potentially defective
2        cannabis; and
3            (iv) Policies for destruction of any recalled
4        cannabis product;
5        (2) Responses to local, State, or national
6    emergencies, including natural disasters, that affect the
7    security or operation of a dispensary;
8        (3) Segregation and destruction of outdated, damaged,
9    deteriorated, misbranded, or adulterated cannabis. This
10    procedure shall provide for written documentation of the
11    cannabis disposition;
12        (4) Ensure the oldest stock of a cannabis product is
13    distributed first. The procedure may permit deviation from
14    this requirement, if such deviation is temporary and
15    appropriate;
16        (5) Training of dispensing organization agents in the
17    provisions of this Act and rules, to effectively operate
18    the point-of-sale system and the State's verification
19    system, proper inventory handling and tracking, specific
20    uses of cannabis or cannabis-infused products, instruction
21    regarding regulatory inspection preparedness and law
22    enforcement interaction, awareness of the legal
23    requirements for maintaining status as an agent, and other
24    topics as specified by the dispensing organization or the
25    Department. The dispensing organization shall maintain
26    evidence of all training provided to each agent in its

 

 

HB3655- 1233 -LRB102 16922 WGH 22334 b

1    files that is subject to inspection and audit by the
2    Department. The dispensing organization shall ensure
3    agents receive a minimum of 8 hours of training subject to
4    the requirements in subsection (i) of Section 15-40
5    annually, unless otherwise approved by the Department;
6        (6) Maintenance of business records consistent with
7    industry standards, including bylaws, consents, manual or
8    computerized records of assets and liabilities, audits,
9    monetary transactions, journals, ledgers, and supporting
10    documents, including agreements, checks, invoices,
11    receipts, and vouchers. Records shall be maintained in a
12    manner consistent with this Act and shall be retained for
13    5 years;
14        (7) Inventory control, including:
15            (i) Tracking purchases and denials of sale;
16            (ii) Disposal of unusable or damaged cannabis as
17        required by this Act and rules; and
18        (8) Purchaser education and support, including:
19            (i) Whether possession of cannabis is illegal
20        under federal law;
21            (ii) Current educational information issued by the
22        Department of Public Health about the health risks
23        associated with the use or abuse of cannabis;
24            (iii) Information about possible side effects;
25            (iv) Prohibition on smoking cannabis in public
26        places; and

 

 

HB3655- 1234 -LRB102 16922 WGH 22334 b

1            (v) Offering any other appropriate purchaser
2        education or support materials.
3    (b) Blank.
4    (c) A dispensing organization shall maintain copies of the
5policies and procedures on the dispensary premises and provide
6copies to the Department upon request. The dispensing
7organization shall review the dispensing organization policies
8and procedures at least once every 12 months from the issue
9date of the license and update as needed due to changes in
10industry standards or as requested by the Department.
11    (d) A dispensing organization shall ensure that each
12principal officer and each dispensing organization agent has a
13current agent identification card in the agent's immediate
14possession when the agent is at the dispensary.
15    (e) A dispensing organization shall provide prompt written
16notice to the Department, including the date of the event,
17when a dispensing organization agent no longer is employed by
18the dispensing organization.
19    (f) A dispensing organization shall promptly document and
20report any loss or theft of cannabis from the dispensary to the
21Illinois Department of State Police and the Department. It is
22the duty of any dispensing organization agent who becomes
23aware of the loss or theft to report it as provided in this
24Article.
25    (g) A dispensing organization shall post the following
26information in a conspicuous location in an area of the

 

 

HB3655- 1235 -LRB102 16922 WGH 22334 b

1dispensary accessible to consumers:
2        (1) The dispensing organization's license;
3        (2) The hours of operation.
4    (h) Signage that shall be posted inside the premises.
5        (1) All dispensing organizations must display a
6    placard that states the following: "Cannabis consumption
7    can impair cognition and driving, is for adult use only,
8    may be habit forming, and should not be used by pregnant or
9    breastfeeding women.".
10        (2) Any dispensing organization that sells edible
11    cannabis-infused products must display a placard that
12    states the following:
13            (A) "Edible cannabis-infused products were
14        produced in a kitchen that may also process common
15        food allergens."; and
16            (B) "The effects of cannabis products can vary
17        from person to person, and it can take as long as two
18        hours to feel the effects of some cannabis-infused
19        products. Carefully review the portion size
20        information and warnings contained on the product
21        packaging before consuming.".
22        (3) All of the required signage in this subsection (h)
23    shall be no smaller than 24 inches tall by 36 inches wide,
24    with typed letters no smaller than 2 inches. The signage
25    shall be clearly visible and readable by customers. The
26    signage shall be placed in the area where cannabis and

 

 

HB3655- 1236 -LRB102 16922 WGH 22334 b

1    cannabis-infused products are sold and may be translated
2    into additional languages as needed. The Department may
3    require a dispensary to display the required signage in a
4    different language, other than English, if the Secretary
5    deems it necessary.
6    (i) A dispensing organization shall prominently post
7notices inside the dispensing organization that state
8activities that are strictly prohibited and punishable by law,
9including, but not limited to:
10        (1) no minors permitted on the premises unless the
11    minor is a minor qualifying patient under the
12    Compassionate Use of Medical Cannabis Program Act;
13        (2) distribution to persons under the age of 21 is
14    prohibited;
15        (3) transportation of cannabis or cannabis products
16    across state lines is prohibited.
17(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
18    (410 ILCS 705/15-75)
19    Sec. 15-75. Inventory control system.
20    (a) A dispensing organization agent-in-charge shall have
21primary oversight of the dispensing organization's cannabis
22inventory verification system, and its point-of-sale system.
23The inventory point-of-sale system shall be real-time,
24web-based, and accessible by the Department at any time. The
25point-of-sale system shall track, at a minimum the date of

 

 

HB3655- 1237 -LRB102 16922 WGH 22334 b

1sale, amount, price, and currency.
2    (b) A dispensing organization shall establish an account
3with the State's verification system that documents:
4        (1) Each sales transaction at the time of sale and
5    each day's beginning inventory, acquisitions, sales,
6    disposal, and ending inventory.
7        (2) Acquisition of cannabis and cannabis-infused
8    products from a licensed adult use cultivation center,
9    craft grower, infuser, or transporter, including:
10            (i) A description of the products, including the
11        quantity, strain, variety, and batch number of each
12        product received;
13            (ii) The name and registry identification number
14        of the licensed adult use cultivation center, craft
15        grower, or infuser providing the cannabis and
16        cannabis-infused products;
17            (iii) The name and registry identification number
18        of the licensed adult use cultivation center, craft
19        grower, infuser, or transporting agent delivering the
20        cannabis;
21            (iv) The name and registry identification number
22        of the dispensing organization agent receiving the
23        cannabis; and
24            (v) The date of acquisition.
25        (3) The disposal of cannabis, including:
26            (i) A description of the products, including the

 

 

HB3655- 1238 -LRB102 16922 WGH 22334 b

1        quantity, strain, variety, batch number, and reason
2        for the cannabis being disposed;
3            (ii) The method of disposal; and
4            (iii) The date and time of disposal.
5    (c) Upon cannabis delivery, a dispensing organization
6shall confirm the product's name, strain name, weight, and
7identification number on the manifest matches the information
8on the cannabis product label and package. The product name
9listed and the weight listed in the State's verification
10system shall match the product packaging.
11    (d) The agent-in-charge shall conduct daily inventory
12reconciliation documenting and balancing cannabis inventory by
13confirming the State's verification system matches the
14dispensing organization's point-of-sale system and the amount
15of physical product at the dispensary.
16        (1) A dispensing organization must receive Department
17    approval before completing an inventory adjustment. It
18    shall provide a detailed reason for the adjustment.
19    Inventory adjustment documentation shall be kept at the
20    dispensary for 2 years from the date performed.
21        (2) If the dispensing organization identifies an
22    imbalance in the amount of cannabis after the daily
23    inventory reconciliation due to mistake, the dispensing
24    organization shall determine how the imbalance occurred
25    and immediately upon discovery take and document
26    corrective action. If the dispensing organization cannot

 

 

HB3655- 1239 -LRB102 16922 WGH 22334 b

1    identify the reason for the mistake within 2 calendar days
2    after first discovery, it shall inform the Department
3    immediately in writing of the imbalance and the corrective
4    action taken to date. The dispensing organization shall
5    work diligently to determine the reason for the mistake.
6        (3) If the dispensing organization identifies an
7    imbalance in the amount of cannabis after the daily
8    inventory reconciliation or through other means due to
9    theft, criminal activity, or suspected criminal activity,
10    the dispensing organization shall immediately determine
11    how the reduction occurred and take and document
12    corrective action. Within 24 hours after the first
13    discovery of the reduction due to theft, criminal
14    activity, or suspected criminal activity, the dispensing
15    organization shall inform the Department and the Illinois
16    Department of State Police in writing.
17        (4) The dispensing organization shall file an annual
18    compilation report with the Department, including a
19    financial statement that shall include, but not be limited
20    to, an income statement, balance sheet, profit and loss
21    statement, statement of cash flow, wholesale cost and
22    sales, and any other documentation requested by the
23    Department in writing. The financial statement shall
24    include any other information the Department deems
25    necessary in order to effectively administer this Act and
26    all rules, orders, and final decisions promulgated under

 

 

HB3655- 1240 -LRB102 16922 WGH 22334 b

1    this Act. Statements required by this Section shall be
2    filed with the Department within 60 days after the end of
3    the calendar year. The compilation report shall include a
4    letter authored by a licensed certified public accountant
5    that it has been reviewed and is accurate based on the
6    information provided. The dispensing organization,
7    financial statement, and accompanying documents are not
8    required to be audited unless specifically requested by
9    the Department.
10    (e) A dispensing organization shall:
11        (1) Maintain the documentation required in this
12    Section in a secure locked location at the dispensing
13    organization for 5 years from the date on the document;
14        (2) Provide any documentation required to be
15    maintained in this Section to the Department for review
16    upon request; and
17        (3) If maintaining a bank account, retain for a period
18    of 5 years a record of each deposit or withdrawal from the
19    account.
20    (f) If a dispensing organization chooses to have a return
21policy for cannabis and cannabis products, the dispensing
22organization shall seek prior approval from the Department.
23(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
24    (410 ILCS 705/15-100)
25    Sec. 15-100. Security.

 

 

HB3655- 1241 -LRB102 16922 WGH 22334 b

1    (a) A dispensing organization shall implement security
2measures to deter and prevent entry into and theft of cannabis
3or currency.
4    (b) A dispensing organization shall submit any changes to
5the floor plan or security plan to the Department for
6pre-approval. All cannabis shall be maintained and stored in a
7restricted access area during construction.
8    (c) The dispensing organization shall implement security
9measures to protect the premises, purchasers, and dispensing
10organization agents including, but not limited to the
11following:
12        (1) Establish a locked door or barrier between the
13    facility's entrance and the limited access area;
14        (2) Prevent individuals from remaining on the premises
15    if they are not engaging in activity permitted by this Act
16    or rules;
17        (3) Develop a policy that addresses the maximum
18    capacity and purchaser flow in the waiting rooms and
19    limited access areas;
20        (4) Dispose of cannabis in accordance with this Act
21    and rules;
22        (5) During hours of operation, store and dispense all
23    cannabis from the restricted access area. During
24    operational hours, cannabis shall be stored in an enclosed
25    locked room or cabinet and accessible only to specifically
26    authorized dispensing organization agents;

 

 

HB3655- 1242 -LRB102 16922 WGH 22334 b

1        (6) When the dispensary is closed, store all cannabis
2    and currency in a reinforced vault room in the restricted
3    access area and in a manner as to prevent diversion,
4    theft, or loss;
5        (7) Keep the reinforced vault room and any other
6    equipment or cannabis storage areas securely locked and
7    protected from unauthorized entry;
8        (8) Keep an electronic daily log of dispensing
9    organization agents with access to the reinforced vault
10    room and knowledge of the access code or combination;
11        (9) Keep all locks and security equipment in good
12    working order;
13        (10) Maintain an operational security and alarm system
14    at all times;
15        (11) Prohibit keys, if applicable, from being left in
16    the locks, or stored or placed in a location accessible to
17    persons other than specifically authorized personnel;
18        (12) Prohibit accessibility of security measures,
19    including combination numbers, passwords, or electronic or
20    biometric security systems to persons other than
21    specifically authorized dispensing organization agents;
22        (13) Ensure that the dispensary interior and exterior
23    premises are sufficiently lit to facilitate surveillance;
24        (14) Ensure that trees, bushes, and other foliage
25    outside of the dispensary premises do not allow for a
26    person or persons to conceal themselves from sight;

 

 

HB3655- 1243 -LRB102 16922 WGH 22334 b

1        (15) Develop emergency policies and procedures for
2    securing all product and currency following any instance
3    of diversion, theft, or loss of cannabis, and conduct an
4    assessment to determine whether additional safeguards are
5    necessary; and
6        (16) Develop sufficient additional safeguards in
7    response to any special security concerns, or as required
8    by the Department.
9    (d) The Department may request or approve alternative
10security provisions that it determines are an adequate
11substitute for a security requirement specified in this
12Article. Any additional protections may be considered by the
13Department in evaluating overall security measures.
14    (e) A dispensing organization may share premises with a
15craft grower or an infuser organization, or both, provided
16each licensee stores currency and cannabis or cannabis-infused
17products in a separate secured vault to which the other
18licensee does not have access or all licensees sharing a vault
19share more than 50% of the same ownership.
20    (f) A dispensing organization shall provide additional
21security as needed and in a manner appropriate for the
22community where it operates.
23    (g) Restricted access areas.
24        (1) All restricted access areas must be identified by
25    the posting of a sign that is a minimum of 12 inches by 12
26    inches and that states "Do Not Enter - Restricted Access

 

 

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1    Area - Authorized Personnel Only" in lettering no smaller
2    than one inch in height.
3        (2) All restricted access areas shall be clearly
4    described in the floor plan of the premises, in the form
5    and manner determined by the Department, reflecting walls,
6    partitions, counters, and all areas of entry and exit. The
7    floor plan shall show all storage, disposal, and retail
8    sales areas.
9        (3) All restricted access areas must be secure, with
10    locking devices that prevent access from the limited
11    access areas.
12    (h) Security and alarm.
13        (1) A dispensing organization shall have an adequate
14    security plan and security system to prevent and detect
15    diversion, theft, or loss of cannabis, currency, or
16    unauthorized intrusion using commercial grade equipment
17    installed by an Illinois licensed private alarm contractor
18    or private alarm contractor agency that shall, at a
19    minimum, include:
20            (i) A perimeter alarm on all entry points and
21        glass break protection on perimeter windows;
22            (ii) Security shatterproof tinted film on exterior
23        windows;
24            (iii) A failure notification system that provides
25        an audible, text, or visual notification of any
26        failure in the surveillance system, including, but not

 

 

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1        limited to, panic buttons, alarms, and video
2        monitoring system. The failure notification system
3        shall provide an alert to designated dispensing
4        organization agents within 5 minutes after the
5        failure, either by telephone or text message;
6            (iv) A duress alarm, panic button, and alarm, or
7        holdup alarm and after-hours intrusion detection alarm
8        that by design and purpose will directly or indirectly
9        notify, by the most efficient means, the Public Safety
10        Answering Point for the law enforcement agency having
11        primary jurisdiction;
12            (v) Security equipment to deter and prevent
13        unauthorized entrance into the dispensary, including
14        electronic door locks on the limited and restricted
15        access areas that include devices or a series of
16        devices to detect unauthorized intrusion that may
17        include a signal system interconnected with a radio
18        frequency method, cellular, private radio signals or
19        other mechanical or electronic device.
20        (2) All security system equipment and recordings shall
21    be maintained in good working order, in a secure location
22    so as to prevent theft, loss, destruction, or alterations.
23        (3) Access to surveillance monitoring recording
24    equipment shall be limited to persons who are essential to
25    surveillance operations, law enforcement authorities
26    acting within their jurisdiction, security system service

 

 

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1    personnel, and the Department. A current list of
2    authorized dispensing organization agents and service
3    personnel that have access to the surveillance equipment
4    must be available to the Department upon request.
5        (4) All security equipment shall be inspected and
6    tested at regular intervals, not to exceed one month from
7    the previous inspection, and tested to ensure the systems
8    remain functional.
9        (5) The security system shall provide protection
10    against theft and diversion that is facilitated or hidden
11    by tampering with computers or electronic records.
12        (6) The dispensary shall ensure all access doors are
13    not solely controlled by an electronic access panel to
14    ensure that locks are not released during a power outage.
15    (i) To monitor the dispensary, the dispensing organization
16shall incorporate continuous electronic video monitoring
17including the following:
18        (1) All monitors must be 19 inches or greater;
19        (2) Unobstructed video surveillance of all enclosed
20    dispensary areas, unless prohibited by law, including all
21    points of entry and exit that shall be appropriate for the
22    normal lighting conditions of the area under surveillance.
23    The cameras shall be directed so all areas are captured,
24    including, but not limited to, safes, vaults, sales areas,
25    and areas where cannabis is stored, handled, dispensed, or
26    destroyed. Cameras shall be angled to allow for facial

 

 

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1    recognition, the capture of clear and certain
2    identification of any person entering or exiting the
3    dispensary area and in lighting sufficient during all
4    times of night or day;
5        (3) Unobstructed video surveillance of outside areas,
6    the storefront, and the parking lot, that shall be
7    appropriate for the normal lighting conditions of the area
8    under surveillance. Cameras shall be angled so as to allow
9    for the capture of facial recognition, clear and certain
10    identification of any person entering or exiting the
11    dispensary and the immediate surrounding area, and license
12    plates of vehicles in the parking lot;
13        (4) 24-hour recordings from all video cameras
14    available for immediate viewing by the Department upon
15    request. Recordings shall not be destroyed or altered and
16    shall be retained for at least 90 days. Recordings shall
17    be retained as long as necessary if the dispensing
18    organization is aware of the loss or theft of cannabis or a
19    pending criminal, civil, or administrative investigation
20    or legal proceeding for which the recording may contain
21    relevant information;
22        (5) The ability to immediately produce a clear, color
23    still photo from the surveillance video, either live or
24    recorded;
25        (6) A date and time stamp embedded on all video
26    surveillance recordings. The date and time shall be

 

 

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1    synchronized and set correctly and shall not significantly
2    obscure the picture;
3        (7) The ability to remain operational during a power
4    outage and ensure all access doors are not solely
5    controlled by an electronic access panel to ensure that
6    locks are not released during a power outage;
7        (8) All video surveillance equipment shall allow for
8    the exporting of still images in an industry standard
9    image format, including .jpg, .bmp, and .gif. Exported
10    video shall have the ability to be archived in a
11    proprietary format that ensures authentication of the
12    video and guarantees that no alteration of the recorded
13    image has taken place. Exported video shall also have the
14    ability to be saved in an industry standard file format
15    that can be played on a standard computer operating
16    system. All recordings shall be erased or destroyed before
17    disposal;
18        (9) The video surveillance system shall be operational
19    during a power outage with a 4-hour minimum battery
20    backup;
21        (10) A video camera or cameras recording at each
22    point-of-sale location allowing for the identification of
23    the dispensing organization agent distributing the
24    cannabis and any purchaser. The camera or cameras shall
25    capture the sale, the individuals and the computer
26    monitors used for the sale;

 

 

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1        (11) A failure notification system that provides an
2    audible and visual notification of any failure in the
3    electronic video monitoring system; and
4        (12) All electronic video surveillance monitoring must
5    record at least the equivalent of 8 frames per second and
6    be available as recordings to the Department and the
7    Illinois Department of State Police 24 hours a day via a
8    secure web-based portal with reverse functionality.
9    (j) The requirements contained in this Act are minimum
10requirements for operating a dispensing organization. The
11Department may establish additional requirements by rule.
12(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
13    (410 ILCS 705/15-135)
14    Sec. 15-135. Investigations.
15    (a) Dispensing organizations are subject to random and
16unannounced dispensary inspections and cannabis testing by the
17Department, the Illinois Department of State Police, and local
18law enforcement.
19    (b) The Department and its authorized representatives may
20enter any place, including a vehicle, in which cannabis is
21held, stored, dispensed, sold, produced, delivered,
22transported, manufactured, or disposed of and inspect, in a
23reasonable manner, the place and all pertinent equipment,
24containers and labeling, and all things including records,
25files, financial data, sales data, shipping data, pricing

 

 

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1data, personnel data, research, papers, processes, controls,
2and facility, and inventory any stock of cannabis and obtain
3samples of any cannabis or cannabis-infused product, any
4labels or containers for cannabis, or paraphernalia.
5    (c) The Department may conduct an investigation of an
6applicant, application, dispensing organization, principal
7officer, dispensary agent, third party vendor, or any other
8party associated with a dispensing organization for an alleged
9violation of this Act or rules or to determine qualifications
10to be granted a registration by the Department.
11    (d) The Department may require an applicant or holder of
12any license issued pursuant to this Article to produce
13documents, records, or any other material pertinent to the
14investigation of an application or alleged violations of this
15Act or rules. Failure to provide the required material may be
16grounds for denial or discipline.
17    (e) Every person charged with preparation, obtaining, or
18keeping records, logs, reports, or other documents in
19connection with this Act and rules and every person in charge,
20or having custody, of those documents shall, upon request by
21the Department, make the documents immediately available for
22inspection and copying by the Department, the Department's
23authorized representative, or others authorized by law to
24review the documents.
25(Source: P.A. 101-27, eff. 6-25-19.)
 

 

 

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1    (410 ILCS 705/20-15)
2    Sec. 20-15. Conditional Adult Use Cultivation Center
3application.
4    (a) If the Department of Agriculture makes available
5additional cultivation center licenses pursuant to Section
620-5, applicants for a Conditional Adult Use Cultivation
7Center License shall electronically submit the following in
8such form as the Department of Agriculture may direct:
9        (1) the nonrefundable application fee set by rule by
10    the Department of Agriculture, to be deposited into the
11    Cannabis Regulation Fund;
12        (2) the legal name of the cultivation center;
13        (3) the proposed physical address of the cultivation
14    center;
15        (4) the name, address, social security number, and
16    date of birth of each principal officer and board member
17    of the cultivation center; each principal officer and
18    board member shall be at least 21 years of age;
19        (5) the details of any administrative or judicial
20    proceeding in which any of the principal officers or board
21    members of the cultivation center (i) pled guilty, were
22    convicted, were fined, or had a registration or license
23    suspended or revoked, or (ii) managed or served on the
24    board of a business or non-profit organization that pled
25    guilty, was convicted, was fined, or had a registration or
26    license suspended or revoked;

 

 

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1        (6) proposed operating bylaws that include procedures
2    for the oversight of the cultivation center, including the
3    development and implementation of a plant monitoring
4    system, accurate recordkeeping, staffing plan, and
5    security plan approved by the Illinois Department of State
6    Police that are in accordance with the rules issued by the
7    Department of Agriculture under this Act. A physical
8    inventory shall be performed of all plants and cannabis on
9    a weekly basis by the cultivation center;
10        (7) verification from the Illinois Department of State
11    Police that all background checks of the prospective
12    principal officers, board members, and agents of the
13    cannabis business establishment have been conducted;
14        (8) a copy of the current local zoning ordinance or
15    permit and verification that the proposed cultivation
16    center is in compliance with the local zoning rules and
17    distance limitations established by the local
18    jurisdiction;
19        (9) proposed employment practices, in which the
20    applicant must demonstrate a plan of action to inform,
21    hire, and educate minorities, women, veterans, and persons
22    with disabilities, engage in fair labor practices, and
23    provide worker protections;
24        (10) whether an applicant can demonstrate experience
25    in or business practices that promote economic empowerment
26    in Disproportionately Impacted Areas;

 

 

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1        (11) experience with the cultivation of agricultural
2    or horticultural products, operating an agriculturally
3    related business, or operating a horticultural business;
4        (12) a description of the enclosed, locked facility
5    where cannabis will be grown, harvested, manufactured,
6    processed, packaged, or otherwise prepared for
7    distribution to a dispensing organization;
8        (13) a survey of the enclosed, locked facility,
9    including the space used for cultivation;
10        (14) cultivation, processing, inventory, and packaging
11    plans;
12        (15) a description of the applicant's experience with
13    agricultural cultivation techniques and industry
14    standards;
15        (16) a list of any academic degrees, certifications,
16    or relevant experience of all prospective principal
17    officers, board members, and agents of the related
18    business;
19        (17) the identity of every person having a financial
20    or voting interest of 5% or greater in the cultivation
21    center operation with respect to which the license is
22    sought, whether a trust, corporation, partnership, limited
23    liability company, or sole proprietorship, including the
24    name and address of each person;
25        (18) a plan describing how the cultivation center will
26    address each of the following:

 

 

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1            (i) energy needs, including estimates of monthly
2        electricity and gas usage, to what extent it will
3        procure energy from a local utility or from on-site
4        generation, and if it has or will adopt a sustainable
5        energy use and energy conservation policy;
6            (ii) water needs, including estimated water draw
7        and if it has or will adopt a sustainable water use and
8        water conservation policy; and
9            (iii) waste management, including if it has or
10        will adopt a waste reduction policy;
11        (19) a diversity plan that includes a narrative of not
12    more than 2,500 words that establishes a goal of diversity
13    in ownership, management, employment, and contracting to
14    ensure that diverse participants and groups are afforded
15    equality of opportunity;
16        (20) any other information required by rule;
17        (21) a recycling plan:
18            (A) Purchaser packaging, including cartridges,
19        shall be accepted by the applicant and recycled.
20            (B) Any recyclable waste generated by the cannabis
21        cultivation facility shall be recycled per applicable
22        State and local laws, ordinances, and rules.
23            (C) Any cannabis waste, liquid waste, or hazardous
24        waste shall be disposed of in accordance with 8 Ill.
25        Adm. Code 1000.460, except, to the greatest extent
26        feasible, all cannabis plant waste will be rendered

 

 

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1        unusable by grinding and incorporating the cannabis
2        plant waste with compostable mixed waste to be
3        disposed of in accordance with 8 Ill. Adm. Code
4        1000.460(g)(1);
5        (22) commitment to comply with local waste provisions:
6    a cultivation facility must remain in compliance with
7    applicable State and federal environmental requirements,
8    including, but not limited to:
9            (A) storing, securing, and managing all
10        recyclables and waste, including organic waste
11        composed of or containing finished cannabis and
12        cannabis products, in accordance with applicable State
13        and local laws, ordinances, and rules; and
14            (B) disposing liquid waste containing cannabis or
15        byproducts of cannabis processing in compliance with
16        all applicable State and federal requirements,
17        including, but not limited to, the cannabis
18        cultivation facility's permits under Title X of the
19        Environmental Protection Act; and
20        (23) a commitment to a technology standard for
21    resource efficiency of the cultivation center facility.
22            (A) A cannabis cultivation facility commits to use
23        resources efficiently, including energy and water. For
24        the following, a cannabis cultivation facility commits
25        to meet or exceed the technology standard identified
26        in items (i), (ii), (iii), and (iv), which may be

 

 

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1        modified by rule:
2                (i) lighting systems, including light bulbs;
3                (ii) HVAC system;
4                (iii) water application system to the crop;
5            and
6                (iv) filtration system for removing
7            contaminants from wastewater.
8            (B) Lighting. The Lighting Power Densities (LPD)
9        for cultivation space commits to not exceed an average
10        of 36 watts per gross square foot of active and growing
11        space canopy, or all installed lighting technology
12        shall meet a photosynthetic photon efficacy (PPE) of
13        no less than 2.2 micromoles per joule fixture and
14        shall be featured on the DesignLights Consortium (DLC)
15        Horticultural Specification Qualified Products List
16        (QPL). In the event that DLC requirement for minimum
17        efficacy exceeds 2.2 micromoles per joule fixture,
18        that PPE shall become the new standard.
19            (C) HVAC.
20                (i) For cannabis grow operations with less
21            than 6,000 square feet of canopy, the licensee
22            commits that all HVAC units will be
23            high-efficiency ductless split HVAC units, or
24            other more energy efficient equipment.
25                (ii) For cannabis grow operations with 6,000
26            square feet of canopy or more, the licensee

 

 

HB3655- 1257 -LRB102 16922 WGH 22334 b

1            commits that all HVAC units will be variable
2            refrigerant flow HVAC units, or other more energy
3            efficient equipment.
4            (D) Water application.
5                (i) The cannabis cultivation facility commits
6            to use automated watering systems, including, but
7            not limited to, drip irrigation and flood tables,
8            to irrigate cannabis crop.
9                (ii) The cannabis cultivation facility commits
10            to measure runoff from watering events and report
11            this volume in its water usage plan, and that on
12            average, watering events shall have no more than
13            20% of runoff of water.
14            (E) Filtration. The cultivator commits that HVAC
15        condensate, dehumidification water, excess runoff, and
16        other wastewater produced by the cannabis cultivation
17        facility shall be captured and filtered to the best of
18        the facility's ability to achieve the quality needed
19        to be reused in subsequent watering rounds.
20            (F) Reporting energy use and efficiency as
21        required by rule.
22    (b) Applicants must submit all required information,
23including the information required in Section 20-10, to the
24Department of Agriculture. Failure by an applicant to submit
25all required information may result in the application being
26disqualified.

 

 

HB3655- 1258 -LRB102 16922 WGH 22334 b

1    (c) If the Department of Agriculture receives an
2application with missing information, the Department of
3Agriculture may issue a deficiency notice to the applicant.
4The applicant shall have 10 calendar days from the date of the
5deficiency notice to resubmit the incomplete information.
6Applications that are still incomplete after this opportunity
7to cure will not be scored and will be disqualified.
8    (e) A cultivation center that is awarded a Conditional
9Adult Use Cultivation Center License pursuant to the criteria
10in Section 20-20 shall not grow, purchase, possess, or sell
11cannabis or cannabis-infused products until the person has
12received an Adult Use Cultivation Center License issued by the
13Department of Agriculture pursuant to Section 20-21 of this
14Act.
15(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
16    (410 ILCS 705/20-30)
17    Sec. 20-30. Cultivation center requirements; prohibitions.
18    (a) The operating documents of a cultivation center shall
19include procedures for the oversight of the cultivation center
20a cannabis plant monitoring system including a physical
21inventory recorded weekly, accurate recordkeeping, and a
22staffing plan.
23    (b) A cultivation center shall implement a security plan
24reviewed by the Illinois Department of State Police that
25includes, but is not limited to: facility access controls,

 

 

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1perimeter intrusion detection systems, personnel
2identification systems, 24-hour surveillance system to monitor
3the interior and exterior of the cultivation center facility
4and accessibility to authorized law enforcement, the
5Department of Public Health where processing takes place, and
6the Department of Agriculture in real time.
7    (c) All cultivation of cannabis by a cultivation center
8must take place in an enclosed, locked facility at the
9physical address provided to the Department of Agriculture
10during the licensing process. The cultivation center location
11shall only be accessed by the agents working for the
12cultivation center, the Department of Agriculture staff
13performing inspections, the Department of Public Health staff
14performing inspections, local and State law enforcement or
15other emergency personnel, contractors working on jobs
16unrelated to cannabis, such as installing or maintaining
17security devices or performing electrical wiring, transporting
18organization agents as provided in this Act, individuals in a
19mentoring or educational program approved by the State, or
20other individuals as provided by rule.
21    (d) A cultivation center may not sell or distribute any
22cannabis or cannabis-infused products to any person other than
23a dispensing organization, craft grower, infuser organization,
24transporter, or as otherwise authorized by rule.
25    (e) A cultivation center may not either directly or
26indirectly discriminate in price between different dispensing

 

 

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1organizations, craft growers, or infuser organizations that
2are purchasing a like grade, strain, brand, and quality of
3cannabis or cannabis-infused product. Nothing in this
4subsection (e) prevents a cultivation center centers from
5pricing cannabis differently based on differences in the cost
6of manufacturing or processing, the quantities sold, such as
7volume discounts, or the way the products are delivered.
8    (f) All cannabis harvested by a cultivation center and
9intended for distribution to a dispensing organization must be
10entered into a data collection system, packaged and labeled
11under Section 55-21, and placed into a cannabis container for
12transport. All cannabis harvested by a cultivation center and
13intended for distribution to a craft grower or infuser
14organization must be packaged in a labeled cannabis container
15and entered into a data collection system before transport.
16    (g) Cultivation centers are subject to random inspections
17by the Department of Agriculture, the Department of Public
18Health, local safety or health inspectors, and the Illinois
19Department of State Police.
20    (h) A cultivation center agent shall notify local law
21enforcement, the Illinois Department of State Police, and the
22Department of Agriculture within 24 hours of the discovery of
23any loss or theft. Notification shall be made by phone or in
24person, or by written or electronic communication.
25    (i) A cultivation center shall comply with all State and
26any applicable federal rules and regulations regarding the use

 

 

HB3655- 1261 -LRB102 16922 WGH 22334 b

1of pesticides on cannabis plants.
2    (j) No person or entity shall hold any legal, equitable,
3ownership, or beneficial interest, directly or indirectly, of
4more than 3 cultivation centers licensed under this Article.
5Further, no person or entity that is employed by, an agent of,
6has a contract to receive payment in any form from a
7cultivation center, is a principal officer of a cultivation
8center, or entity controlled by or affiliated with a principal
9officer of a cultivation shall hold any legal, equitable,
10ownership, or beneficial interest, directly or indirectly, in
11a cultivation that would result in the person or entity owning
12or controlling in combination with any cultivation center,
13principal officer of a cultivation center, or entity
14controlled or affiliated with a principal officer of a
15cultivation center by which he, she, or it is employed, is an
16agent of, or participates in the management of, more than 3
17cultivation center licenses.
18    (k) A cultivation center may not contain more than 210,000
19square feet of canopy space for plants in the flowering stage
20for cultivation of adult use cannabis as provided in this Act.
21    (l) A cultivation center may process cannabis, cannabis
22concentrates, and cannabis-infused products.
23    (m) Beginning July 1, 2020, a cultivation center shall not
24transport cannabis or cannabis-infused products to a craft
25grower, dispensing organization, infuser organization, or
26laboratory licensed under this Act, unless it has obtained a

 

 

HB3655- 1262 -LRB102 16922 WGH 22334 b

1transporting organization license.
2    (n) It is unlawful for any person having a cultivation
3center license or any officer, associate, member,
4representative, or agent of such licensee to offer or deliver
5money, or anything else of value, directly or indirectly to
6any person having an Early Approval Adult Use Dispensing
7Organization License, a Conditional Adult Use Dispensing
8Organization License, an Adult Use Dispensing Organization
9License, or a medical cannabis dispensing organization license
10issued under the Compassionate Use of Medical Cannabis Program
11Act, or to any person connected with or in any way
12representing, or to any member of the family of, such person
13holding an Early Approval Adult Use Dispensing Organization
14License, a Conditional Adult Use Dispensing Organization
15License, an Adult Use Dispensing Organization License, or a
16medical cannabis dispensing organization license issued under
17the Compassionate Use of Medical Cannabis Program Act, or to
18any stockholders in any corporation engaged in the retail sale
19of cannabis, or to any officer, manager, agent, or
20representative of the Early Approval Adult Use Dispensing
21Organization License, a Conditional Adult Use Dispensing
22Organization License, an Adult Use Dispensing Organization
23License, or a medical cannabis dispensing organization license
24issued under the Compassionate Use of Medical Cannabis Program
25Act to obtain preferential placement within the dispensing
26organization, including, without limitation, on shelves and in

 

 

HB3655- 1263 -LRB102 16922 WGH 22334 b

1display cases where purchasers can view products, or on the
2dispensing organization's website.
3    (o) A cultivation center must comply with any other
4requirements or prohibitions set by administrative rule of the
5Department of Agriculture.
6(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
7    (410 ILCS 705/20-35)
8    Sec. 20-35. Cultivation center agent identification card.
9    (a) The Department of Agriculture shall:
10        (1) establish by rule the information required in an
11    initial application or renewal application for an agent
12    identification card submitted under this Act and the
13    nonrefundable fee to accompany the initial application or
14    renewal application;
15        (2) verify the information contained in an initial
16    application or renewal application for an agent
17    identification card submitted under this Act, and approve
18    or deny an application within 30 days of receiving a
19    completed initial application or renewal application and
20    all supporting documentation required by rule;
21        (3) issue an agent identification card to a qualifying
22    agent within 15 business days of approving the initial
23    application or renewal application;
24        (4) enter the license number of the cultivation center
25    where the agent works; and

 

 

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1        (5) allow for an electronic initial application and
2    renewal application process, and provide a confirmation by
3    electronic or other methods that an application has been
4    submitted. The Department of Agriculture may by rule
5    require prospective agents to file their applications by
6    electronic means and provide notices to the agents by
7    electronic means.
8    (b) An agent must keep his or her identification card
9visible at all times when on the property of the cultivation
10center at which the agent is employed.
11    (c) The agent identification cards shall contain the
12following:
13        (1) the name of the cardholder;
14        (2) the date of issuance and expiration date of the
15    identification card;
16        (3) a random 10-digit alphanumeric identification
17    number containing at least 4 numbers and at least 4
18    letters that is unique to the holder;
19        (4) a photograph of the cardholder; and
20        (5) the legal name of the cultivation center employing
21    the agent.
22    (d) An agent identification card shall be immediately
23returned to the cultivation center of the agent upon
24termination of his or her employment.
25    (e) Any agent identification card lost by a cultivation
26center agent shall be reported to the Illinois Department of

 

 

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1State Police and the Department of Agriculture immediately
2upon discovery of the loss.
3    (f) The Department of Agriculture shall not issue an agent
4identification card if the applicant is delinquent in filing
5any required tax returns or paying any amounts owed to the
6State of Illinois.
7(Source: P.A. 101-27, eff. 6-25-19.)
 
8    (410 ILCS 705/20-40)
9    Sec. 20-40. Cultivation center background checks.
10    (a) Through the Illinois Department of State Police, the
11Department of Agriculture shall conduct a background check of
12the prospective principal officers, board members, and agents
13of a cultivation center applying for a license or
14identification card under this Act. The Illinois Department of
15State Police shall charge a fee set by rule for conducting the
16criminal history record check, which shall be deposited into
17the State Police Services Fund and shall not exceed the actual
18cost of the record check. In order to carry out this provision,
19each cultivation center prospective principal officer, board
20member, or agent shall submit a full set of fingerprints to the
21Illinois Department of State Police for the purpose of
22obtaining a State and federal criminal records check. These
23fingerprints shall be checked against the fingerprint records
24now and hereafter, to the extent allowed by law, filed in the
25Illinois Department of State Police and Federal Bureau of

 

 

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1Investigation criminal history records databases. The Illinois
2Department of State Police shall furnish, following positive
3identification, all conviction information to the Department
4of Agriculture.
5    (b) When applying for the initial license or
6identification card, the background checks for all prospective
7principal officers, board members, and agents shall be
8completed before submitting the application to the licensing
9or issuing agency.
10(Source: P.A. 101-27, eff. 6-25-19.)
 
11    (410 ILCS 705/25-30)
12    (Section scheduled to be repealed on July 1, 2026)
13    Sec. 25-30. Inspection rights.
14    (a) A licensee's enclosed, locked facilities are subject
15to random inspections by the Department and the Illinois
16Department of State Police.
17    (b) Nothing in this Section shall be construed to give the
18Department or the Illinois Department of State Police a right
19of inspection or access to any location on the licensee's
20premises beyond the facilities licensed under this Article.
21(Source: P.A. 101-27, eff. 6-25-19.)
 
22    (410 ILCS 705/25-35)
23    (Section scheduled to be repealed on July 1, 2026)
24    Sec. 25-35. Community College Cannabis Vocational Training

 

 

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1Pilot Program faculty participant agent identification card.
2    (a) The Department shall:
3        (1) establish by rule the information required in an
4    initial application or renewal application for an agent
5    identification card submitted under this Article and the
6    nonrefundable fee to accompany the initial application or
7    renewal application;
8        (2) verify the information contained in an initial
9    application or renewal application for an agent
10    identification card submitted under this Article, and
11    approve or deny an application within 30 days of receiving
12    a completed initial application or renewal application and
13    all supporting documentation required by rule;
14        (3) issue an agent identification card to a qualifying
15    agent within 15 business days of approving the initial
16    application or renewal application;
17        (4) enter the license number of the community college
18    where the agent works; and
19        (5) allow for an electronic initial application and
20    renewal application process, and provide a confirmation by
21    electronic or other methods that an application has been
22    submitted. Each Department may by rule require prospective
23    agents to file their applications by electronic means and
24    to provide notices to the agents by electronic means.
25    (b) An agent must keep his or her identification card
26visible at all times when in the enclosed, locked facility, or

 

 

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1facilities for which he or she is an agent.
2    (c) The agent identification cards shall contain the
3following:
4        (1) the name of the cardholder;
5        (2) the date of issuance and expiration date of the
6    identification card;
7        (3) a random 10-digit alphanumeric identification
8    number containing at least 4 numbers and at least 4
9    letters that is unique to the holder;
10        (4) a photograph of the cardholder; and
11        (5) the legal name of the community college employing
12    the agent.
13    (d) An agent identification card shall be immediately
14returned to the community college of the agent upon
15termination of his or her employment.
16    (e) Any agent identification card lost shall be reported
17to the Illinois Department of State Police and the Department
18of Agriculture immediately upon discovery of the loss.
19(Source: P.A. 101-27, eff. 6-25-19.)
 
20    (410 ILCS 705/30-10)
21    Sec. 30-10. Application.
22    (a) When applying for a license, the applicant shall
23electronically submit the following in such form as the
24Department of Agriculture may direct:
25        (1) the nonrefundable application fee of $5,000 to be

 

 

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1    deposited into the Cannabis Regulation Fund, or another
2    amount as the Department of Agriculture may set by rule
3    after January 1, 2021;
4        (2) the legal name of the craft grower;
5        (3) the proposed physical address of the craft grower;
6        (4) the name, address, social security number, and
7    date of birth of each principal officer and board member
8    of the craft grower; each principal officer and board
9    member shall be at least 21 years of age;
10        (5) the details of any administrative or judicial
11    proceeding in which any of the principal officers or board
12    members of the craft grower (i) pled guilty, were
13    convicted, were fined, or had a registration or license
14    suspended or revoked or (ii) managed or served on the
15    board of a business or non-profit organization that pled
16    guilty, was convicted, was fined, or had a registration or
17    license suspended or revoked;
18        (6) proposed operating bylaws that include procedures
19    for the oversight of the craft grower, including the
20    development and implementation of a plant monitoring
21    system, accurate recordkeeping, staffing plan, and
22    security plan approved by the Illinois Department of State
23    Police that are in accordance with the rules issued by the
24    Department of Agriculture under this Act; a physical
25    inventory shall be performed of all plants and on a weekly
26    basis by the craft grower;

 

 

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1        (7) verification from the Illinois Department of State
2    Police that all background checks of the prospective
3    principal officers, board members, and agents of the
4    cannabis business establishment have been conducted;
5        (8) a copy of the current local zoning ordinance or
6    permit and verification that the proposed craft grower is
7    in compliance with the local zoning rules and distance
8    limitations established by the local jurisdiction;
9        (9) proposed employment practices, in which the
10    applicant must demonstrate a plan of action to inform,
11    hire, and educate minorities, women, veterans, and persons
12    with disabilities, engage in fair labor practices, and
13    provide worker protections;
14        (10) whether an applicant can demonstrate experience
15    in or business practices that promote economic empowerment
16    in Disproportionately Impacted Areas;
17        (11) experience with the cultivation of agricultural
18    or horticultural products, operating an agriculturally
19    related business, or operating a horticultural business;
20        (12) a description of the enclosed, locked facility
21    where cannabis will be grown, harvested, manufactured,
22    packaged, or otherwise prepared for distribution to a
23    dispensing organization or other cannabis business
24    establishment;
25        (13) a survey of the enclosed, locked facility,
26    including the space used for cultivation;

 

 

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1        (14) cultivation, processing, inventory, and packaging
2    plans;
3        (15) a description of the applicant's experience with
4    agricultural cultivation techniques and industry
5    standards;
6        (16) a list of any academic degrees, certifications,
7    or relevant experience of all prospective principal
8    officers, board members, and agents of the related
9    business;
10        (17) the identity of every person having a financial
11    or voting interest of 5% or greater in the craft grower
12    operation, whether a trust, corporation, partnership,
13    limited liability company, or sole proprietorship,
14    including the name and address of each person;
15        (18) a plan describing how the craft grower will
16    address each of the following:
17            (i) energy needs, including estimates of monthly
18        electricity and gas usage, to what extent it will
19        procure energy from a local utility or from on-site
20        generation, and if it has or will adopt a sustainable
21        energy use and energy conservation policy;
22            (ii) water needs, including estimated water draw
23        and if it has or will adopt a sustainable water use and
24        water conservation policy; and
25            (iii) waste management, including if it has or
26        will adopt a waste reduction policy;

 

 

HB3655- 1272 -LRB102 16922 WGH 22334 b

1        (19) a recycling plan:
2            (A) Purchaser packaging, including cartridges,
3        shall be accepted by the applicant and recycled.
4            (B) Any recyclable waste generated by the craft
5        grower facility shall be recycled per applicable State
6        and local laws, ordinances, and rules.
7            (C) Any cannabis waste, liquid waste, or hazardous
8        waste shall be disposed of in accordance with 8 Ill.
9        Adm. Code 1000.460, except, to the greatest extent
10        feasible, all cannabis plant waste will be rendered
11        unusable by grinding and incorporating the cannabis
12        plant waste with compostable mixed waste to be
13        disposed of in accordance with 8 Ill. Adm. Code
14        1000.460(g)(1);
15        (20) a commitment to comply with local waste
16    provisions: a craft grower facility must remain in
17    compliance with applicable State and federal environmental
18    requirements, including, but not limited to:
19            (A) storing, securing, and managing all
20        recyclables and waste, including organic waste
21        composed of or containing finished cannabis and
22        cannabis products, in accordance with applicable State
23        and local laws, ordinances, and rules; and
24            (B) disposing liquid waste containing cannabis or
25        byproducts of cannabis processing in compliance with
26        all applicable State and federal requirements,

 

 

HB3655- 1273 -LRB102 16922 WGH 22334 b

1        including, but not limited to, the cannabis
2        cultivation facility's permits under Title X of the
3        Environmental Protection Act;
4        (21) a commitment to a technology standard for
5    resource efficiency of the craft grower facility.
6            (A) A craft grower facility commits to use
7        resources efficiently, including energy and water. For
8        the following, a cannabis cultivation facility commits
9        to meet or exceed the technology standard identified
10        in paragraphs (i), (ii), (iii), and (iv), which may be
11        modified by rule:
12                (i) lighting systems, including light bulbs;
13                (ii) HVAC system;
14                (iii) water application system to the crop;
15            and
16                (iv) filtration system for removing
17            contaminants from wastewater.
18            (B) Lighting. The Lighting Power Densities (LPD)
19        for cultivation space commits to not exceed an average
20        of 36 watts per gross square foot of active and growing
21        space canopy, or all installed lighting technology
22        shall meet a photosynthetic photon efficacy (PPE) of
23        no less than 2.2 micromoles per joule fixture and
24        shall be featured on the DesignLights Consortium (DLC)
25        Horticultural Specification Qualified Products List
26        (QPL). In the event that DLC requirement for minimum

 

 

HB3655- 1274 -LRB102 16922 WGH 22334 b

1        efficacy exceeds 2.2 micromoles per joule fixture,
2        that PPE shall become the new standard.
3            (C) HVAC.
4                (i) For cannabis grow operations with less
5            than 6,000 square feet of canopy, the licensee
6            commits that all HVAC units will be
7            high-efficiency ductless split HVAC units, or
8            other more energy efficient equipment.
9                (ii) For cannabis grow operations with 6,000
10            square feet of canopy or more, the licensee
11            commits that all HVAC units will be variable
12            refrigerant flow HVAC units, or other more energy
13            efficient equipment.
14            (D) Water application.
15                (i) The craft grower facility commits to use
16            automated watering systems, including, but not
17            limited to, drip irrigation and flood tables, to
18            irrigate cannabis crop.
19                (ii) The craft grower facility commits to
20            measure runoff from watering events and report
21            this volume in its water usage plan, and that on
22            average, watering events shall have no more than
23            20% of runoff of water.
24            (E) Filtration. The craft grower commits that HVAC
25        condensate, dehumidification water, excess runoff, and
26        other wastewater produced by the craft grower facility

 

 

HB3655- 1275 -LRB102 16922 WGH 22334 b

1        shall be captured and filtered to the best of the
2        facility's ability to achieve the quality needed to be
3        reused in subsequent watering rounds.
4            (F) Reporting energy use and efficiency as
5        required by rule; and
6        (22) any other information required by rule.
7    (b) Applicants must submit all required information,
8including the information required in Section 30-15, to the
9Department of Agriculture. Failure by an applicant to submit
10all required information may result in the application being
11disqualified.
12    (c) If the Department of Agriculture receives an
13application with missing information, the Department of
14Agriculture may issue a deficiency notice to the applicant.
15The applicant shall have 10 calendar days from the date of the
16deficiency notice to resubmit the incomplete information.
17Applications that are still incomplete after this opportunity
18to cure will not be scored and will be disqualified.
19(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
20    (410 ILCS 705/30-30)
21    Sec. 30-30. Craft grower requirements; prohibitions.
22    (a) The operating documents of a craft grower shall
23include procedures for the oversight of the craft grower, a
24cannabis plant monitoring system including a physical
25inventory recorded weekly, accurate recordkeeping, and a

 

 

HB3655- 1276 -LRB102 16922 WGH 22334 b

1staffing plan.
2    (b) A craft grower shall implement a security plan
3reviewed by the Illinois Department of State Police that
4includes, but is not limited to: facility access controls,
5perimeter intrusion detection systems, personnel
6identification systems, and a 24-hour surveillance system to
7monitor the interior and exterior of the craft grower facility
8and that is accessible to authorized law enforcement and the
9Department of Agriculture in real time.
10    (c) All cultivation of cannabis by a craft grower must
11take place in an enclosed, locked facility at the physical
12address provided to the Department of Agriculture during the
13licensing process. The craft grower location shall only be
14accessed by the agents working for the craft grower, the
15Department of Agriculture staff performing inspections, the
16Department of Public Health staff performing inspections,
17State and local law enforcement or other emergency personnel,
18contractors working on jobs unrelated to cannabis, such as
19installing or maintaining security devices or performing
20electrical wiring, transporting organization agents as
21provided in this Act, or participants in the incubator
22program, individuals in a mentoring or educational program
23approved by the State, or other individuals as provided by
24rule. However, if a craft grower shares a premises with an
25infuser or dispensing organization, agents from those other
26licensees may access the craft grower portion of the premises

 

 

HB3655- 1277 -LRB102 16922 WGH 22334 b

1if that is the location of common bathrooms, lunchrooms,
2locker rooms, or other areas of the building where work or
3cultivation of cannabis is not performed. At no time may an
4infuser or dispensing organization agent perform work at a
5craft grower without being a registered agent of the craft
6grower.
7    (d) A craft grower may not sell or distribute any cannabis
8to any person other than a cultivation center, a craft grower,
9an infuser organization, a dispensing organization, or as
10otherwise authorized by rule.
11    (e) A craft grower may not be located in an area zoned for
12residential use.
13    (f) A craft grower may not either directly or indirectly
14discriminate in price between different cannabis business
15establishments that are purchasing a like grade, strain,
16brand, and quality of cannabis or cannabis-infused product.
17Nothing in this subsection (f) prevents a craft grower from
18pricing cannabis differently based on differences in the cost
19of manufacturing or processing, the quantities sold, such as
20volume discounts, or the way the products are delivered.
21    (g) All cannabis harvested by a craft grower and intended
22for distribution to a dispensing organization must be entered
23into a data collection system, packaged and labeled under
24Section 55-21, and, if distribution is to a dispensing
25organization that does not share a premises with the
26dispensing organization receiving the cannabis, placed into a

 

 

HB3655- 1278 -LRB102 16922 WGH 22334 b

1cannabis container for transport. All cannabis harvested by a
2craft grower and intended for distribution to a cultivation
3center, to an infuser organization, or to a craft grower with
4which it does not share a premises, must be packaged in a
5labeled cannabis container and entered into a data collection
6system before transport.
7    (h) Craft growers are subject to random inspections by the
8Department of Agriculture, local safety or health inspectors,
9and the Illinois Department of State Police.
10    (i) A craft grower agent shall notify local law
11enforcement, the Illinois Department of State Police, and the
12Department of Agriculture within 24 hours of the discovery of
13any loss or theft. Notification shall be made by phone, in
14person, or written or electronic communication.
15    (j) A craft grower shall comply with all State and any
16applicable federal rules and regulations regarding the use of
17pesticides.
18    (k) A craft grower or craft grower agent shall not
19transport cannabis or cannabis-infused products to any other
20cannabis business establishment without a transport
21organization license unless:
22        (i) If the craft grower is located in a county with a
23    population of 3,000,000 or more, the cannabis business
24    establishment receiving the cannabis is within 2,000 feet
25    of the property line of the craft grower;
26        (ii) If the craft grower is located in a county with a

 

 

HB3655- 1279 -LRB102 16922 WGH 22334 b

1    population of more than 700,000 but fewer than 3,000,000,
2    the cannabis business establishment receiving the cannabis
3    is within 2 miles of the craft grower; or
4        (iii) If the craft grower is located in a county with a
5    population of fewer than 700,000, the cannabis business
6    establishment receiving the cannabis is within 15 miles of
7    the craft grower.
8    (l) A craft grower may enter into a contract with a
9transporting organization to transport cannabis to a
10cultivation center, a craft grower, an infuser organization, a
11dispensing organization, or a laboratory.
12    (m) No person or entity shall hold any legal, equitable,
13ownership, or beneficial interest, directly or indirectly, of
14more than 3 craft grower licenses. Further, no person or
15entity that is employed by, an agent of, or has a contract to
16receive payment from or participate in the management of a
17craft grower, is a principal officer of a craft grower, or
18entity controlled by or affiliated with a principal officer of
19a craft grower shall hold any legal, equitable, ownership, or
20beneficial interest, directly or indirectly, in a craft grower
21license that would result in the person or entity owning or
22controlling in combination with any craft grower, principal
23officer of a craft grower, or entity controlled or affiliated
24with a principal officer of a craft grower by which he, she, or
25it is employed, is an agent of, or participates in the
26management of more than 3 craft grower licenses.

 

 

HB3655- 1280 -LRB102 16922 WGH 22334 b

1    (n) It is unlawful for any person having a craft grower
2license or any officer, associate, member, representative, or
3agent of the licensee to offer or deliver money, or anything
4else of value, directly or indirectly, to any person having an
5Early Approval Adult Use Dispensing Organization License, a
6Conditional Adult Use Dispensing Organization License, an
7Adult Use Dispensing Organization License, or a medical
8cannabis dispensing organization license issued under the
9Compassionate Use of Medical Cannabis Program Act, or to any
10person connected with or in any way representing, or to any
11member of the family of, the person holding an Early Approval
12Adult Use Dispensing Organization License, a Conditional Adult
13Use Dispensing Organization License, an Adult Use Dispensing
14Organization License, or a medical cannabis dispensing
15organization license issued under the Compassionate Use of
16Medical Cannabis Program Act, or to any stockholders in any
17corporation engaged in the retail sale of cannabis, or to any
18officer, manager, agent, or representative of the Early
19Approval Adult Use Dispensing Organization License, a
20Conditional Adult Use Dispensing Organization License, an
21Adult Use Dispensing Organization License, or a medical
22cannabis dispensing organization license issued under the
23Compassionate Use of Medical Cannabis Program Act to obtain
24preferential placement within the dispensing organization,
25including, without limitation, on shelves and in display cases
26where purchasers can view products, or on the dispensing

 

 

HB3655- 1281 -LRB102 16922 WGH 22334 b

1organization's website.
2    (o) A craft grower shall not be located within 1,500 feet
3of another craft grower or a cultivation center.
4    (p) A craft grower may process cannabis, cannabis
5concentrates, and cannabis-infused products.
6    (q) A craft grower must comply with any other requirements
7or prohibitions set by administrative rule of the Department
8of Agriculture.
9(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
10    (410 ILCS 705/30-35)
11    Sec. 30-35. Craft grower agent identification card.
12    (a) The Department of Agriculture shall:
13        (1) establish by rule the information required in an
14    initial application or renewal application for an agent
15    identification card submitted under this Act and the
16    nonrefundable fee to accompany the initial application or
17    renewal application;
18        (2) verify the information contained in an initial
19    application or renewal application for an agent
20    identification card submitted under this Act and approve
21    or deny an application within 30 days of receiving a
22    completed initial application or renewal application and
23    all supporting documentation required by rule;
24        (3) issue an agent identification card to a qualifying
25    agent within 15 business days of approving the initial

 

 

HB3655- 1282 -LRB102 16922 WGH 22334 b

1    application or renewal application;
2        (4) enter the license number of the craft grower where
3    the agent works; and
4        (5) allow for an electronic initial application and
5    renewal application process, and provide a confirmation by
6    electronic or other methods that an application has been
7    submitted. The Department of Agriculture may by rule
8    require prospective agents to file their applications by
9    electronic means and provide notices to the agents by
10    electronic means.
11    (b) An agent must keep his or her identification card
12visible at all times when on the property of a cannabis
13business establishment, including the craft grower
14organization for which he or she is an agent.
15    (c) The agent identification cards shall contain the
16following:
17        (1) the name of the cardholder;
18        (2) the date of issuance and expiration date of the
19    identification card;
20        (3) a random 10-digit alphanumeric identification
21    number containing at least 4 numbers and at least 4
22    letters that is unique to the holder;
23        (4) a photograph of the cardholder; and
24        (5) the legal name of the craft grower organization
25    employing the agent.
26    (d) An agent identification card shall be immediately

 

 

HB3655- 1283 -LRB102 16922 WGH 22334 b

1returned to the cannabis business establishment of the agent
2upon termination of his or her employment.
3    (e) Any agent identification card lost by a craft grower
4agent shall be reported to the Illinois Department of State
5Police and the Department of Agriculture immediately upon
6discovery of the loss.
7(Source: P.A. 101-27, eff. 6-25-19.)
 
8    (410 ILCS 705/30-40)
9    Sec. 30-40. Craft grower background checks.
10    (a) Through the Illinois Department of State Police, the
11Department of Agriculture shall conduct a background check of
12the prospective principal officers, board members, and agents
13of a craft grower applying for a license or identification
14card under this Act. The Illinois Department of State Police
15shall charge a fee set by rule for conducting the criminal
16history record check, which shall be deposited into the State
17Police Services Fund and shall not exceed the actual cost of
18the record check. In order to carry out this Section, each
19craft grower organization's prospective principal officer,
20board member, or agent shall submit a full set of fingerprints
21to the Illinois Department of State Police for the purpose of
22obtaining a State and federal criminal records check. These
23fingerprints shall be checked against the fingerprint records
24now and hereafter, to the extent allowed by law, filed in the
25Illinois Department of State Police and Federal Bureau of

 

 

HB3655- 1284 -LRB102 16922 WGH 22334 b

1Investigation criminal history records databases. The Illinois
2Department of State Police shall furnish, following positive
3identification, all conviction information to the Department
4of Agriculture.
5    (b) When applying for the initial license or
6identification card, the background checks for all prospective
7principal officers, board members, and agents shall be
8completed before submitting the application to the licensing
9or issuing agency.
10(Source: P.A. 101-27, eff. 6-25-19.)
 
11    (410 ILCS 705/35-10)
12    Sec. 35-10. Application.
13    (a) When applying for a license, the applicant shall
14electronically submit the following in such form as the
15Department of Agriculture may direct:
16        (1) the nonrefundable application fee of $5,000 or,
17    after January 1, 2021, another amount as set by rule by the
18    Department of Agriculture, to be deposited into the
19    Cannabis Regulation Fund;
20        (2) the legal name of the infuser;
21        (3) the proposed physical address of the infuser;
22        (4) the name, address, social security number, and
23    date of birth of each principal officer and board member
24    of the infuser; each principal officer and board member
25    shall be at least 21 years of age;

 

 

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1        (5) the details of any administrative or judicial
2    proceeding in which any of the principal officers or board
3    members of the infuser (i) pled guilty, were convicted,
4    fined, or had a registration or license suspended or
5    revoked, or (ii) managed or served on the board of a
6    business or non-profit organization that pled guilty, was
7    convicted, fined, or had a registration or license
8    suspended or revoked;
9        (6) proposed operating bylaws that include procedures
10    for the oversight of the infuser, including the
11    development and implementation of a plant monitoring
12    system, accurate recordkeeping, staffing plan, and
13    security plan approved by the Illinois Department of State
14    Police that are in accordance with the rules issued by the
15    Department of Agriculture under this Act; a physical
16    inventory of all cannabis shall be performed on a weekly
17    basis by the infuser;
18        (7) verification from the Illinois Department of State
19    Police that all background checks of the prospective
20    principal officers, board members, and agents of the
21    infuser organization have been conducted;
22        (8) a copy of the current local zoning ordinance and
23    verification that the proposed infuser is in compliance
24    with the local zoning rules and distance limitations
25    established by the local jurisdiction;
26        (9) proposed employment practices, in which the

 

 

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1    applicant must demonstrate a plan of action to inform,
2    hire, and educate minorities, women, veterans, and persons
3    with disabilities, engage in fair labor practices, and
4    provide worker protections;
5        (10) whether an applicant can demonstrate experience
6    in or business practices that promote economic empowerment
7    in Disproportionately Impacted Areas;
8        (11) experience with infusing products with cannabis
9    concentrate;
10        (12) a description of the enclosed, locked facility
11    where cannabis will be infused, packaged, or otherwise
12    prepared for distribution to a dispensing organization or
13    other infuser;
14        (13) processing, inventory, and packaging plans;
15        (14) a description of the applicant's experience with
16    operating a commercial kitchen or laboratory preparing
17    products for human consumption;
18        (15) a list of any academic degrees, certifications,
19    or relevant experience of all prospective principal
20    officers, board members, and agents of the related
21    business;
22        (16) the identity of every person having a financial
23    or voting interest of 5% or greater in the infuser
24    operation with respect to which the license is sought,
25    whether a trust, corporation, partnership, limited
26    liability company, or sole proprietorship, including the

 

 

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1    name and address of each person;
2        (17) a plan describing how the infuser will address
3    each of the following:
4            (i) energy needs, including estimates of monthly
5        electricity and gas usage, to what extent it will
6        procure energy from a local utility or from on-site
7        generation, and if it has or will adopt a sustainable
8        energy use and energy conservation policy;
9            (ii) water needs, including estimated water draw,
10        and if it has or will adopt a sustainable water use and
11        water conservation policy; and
12            (iii) waste management, including if it has or
13        will adopt a waste reduction policy;
14        (18) a recycling plan:
15            (A) a commitment that any recyclable waste
16        generated by the infuser shall be recycled per
17        applicable State and local laws, ordinances, and
18        rules; and
19            (B) a commitment to comply with local waste
20        provisions. An infuser commits to remain in compliance
21        with applicable State and federal environmental
22        requirements, including, but not limited to, storing,
23        securing, and managing all recyclables and waste,
24        including organic waste composed of or containing
25        finished cannabis and cannabis products, in accordance
26        with applicable State and local laws, ordinances, and

 

 

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1        rules; and
2        (19) any other information required by rule.
3    (b) Applicants must submit all required information,
4including the information required in Section 35-15, to the
5Department of Agriculture. Failure by an applicant to submit
6all required information may result in the application being
7disqualified.
8    (c) If the Department of Agriculture receives an
9application with missing information, the Department of
10Agriculture may issue a deficiency notice to the applicant.
11The applicant shall have 10 calendar days from the date of the
12deficiency notice to resubmit the incomplete information.
13Applications that are still incomplete after this opportunity
14to cure will not be scored and will be disqualified.
15(Source: P.A. 101-27, eff. 6-25-19.)
 
16    (410 ILCS 705/35-25)
17    Sec. 35-25. Infuser organization requirements;
18prohibitions.
19    (a) The operating documents of an infuser shall include
20procedures for the oversight of the infuser, an inventory
21monitoring system including a physical inventory recorded
22weekly, accurate recordkeeping, and a staffing plan.
23    (b) An infuser shall implement a security plan reviewed by
24the Illinois Department of State Police that includes, but is
25not limited to: facility access controls, perimeter intrusion

 

 

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1detection systems, personnel identification systems, and a
224-hour surveillance system to monitor the interior and
3exterior of the infuser facility and that is accessible to
4authorized law enforcement, the Department of Public Health,
5and the Department of Agriculture in real time.
6    (c) All processing of cannabis by an infuser must take
7place in an enclosed, locked facility at the physical address
8provided to the Department of Agriculture during the licensing
9process. The infuser location shall only be accessed by the
10agents working for the infuser, the Department of Agriculture
11staff performing inspections, the Department of Public Health
12staff performing inspections, State and local law enforcement
13or other emergency personnel, contractors working on jobs
14unrelated to cannabis, such as installing or maintaining
15security devices or performing electrical wiring, transporting
16organization agents as provided in this Act, participants in
17the incubator program, individuals in a mentoring or
18educational program approved by the State, local safety or
19health inspectors, or other individuals as provided by rule.
20However, if an infuser shares a premises with a craft grower or
21dispensing organization, agents from these other licensees may
22access the infuser portion of the premises if that is the
23location of common bathrooms, lunchrooms, locker rooms, or
24other areas of the building where processing of cannabis is
25not performed. At no time may a craft grower or dispensing
26organization agent perform work at an infuser without being a

 

 

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1registered agent of the infuser.
2    (d) An infuser may not sell or distribute any cannabis to
3any person other than a dispensing organization, or as
4otherwise authorized by rule.
5    (e) An infuser may not either directly or indirectly
6discriminate in price between different cannabis business
7establishments that are purchasing a like grade, strain,
8brand, and quality of cannabis or cannabis-infused product.
9Nothing in this subsection (e) prevents an infuser from
10pricing cannabis differently based on differences in the cost
11of manufacturing or processing, the quantities sold, such
12volume discounts, or the way the products are delivered.
13    (f) All cannabis infused by an infuser and intended for
14distribution to a dispensing organization must be entered into
15a data collection system, packaged and labeled under Section
1655-21, and, if distribution is to a dispensing organization
17that does not share a premises with the infuser, placed into a
18cannabis container for transport. All cannabis produced by an
19infuser and intended for distribution to a cultivation center,
20infuser organization, or craft grower with which it does not
21share a premises, must be packaged in a labeled cannabis
22container and entered into a data collection system before
23transport.
24    (g) Infusers are subject to random inspections by the
25Department of Agriculture, the Department of Public Health,
26the Illinois Department of State Police, and local law

 

 

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1enforcement.
2    (h) An infuser agent shall notify local law enforcement,
3the Illinois Department of State Police, and the Department of
4Agriculture within 24 hours of the discovery of any loss or
5theft. Notification shall be made by phone, in person, or by
6written or electronic communication.
7    (i) An infuser organization may not be located in an area
8zoned for residential use.
9    (j) An infuser or infuser agent shall not transport
10cannabis or cannabis-infused products to any other cannabis
11business establishment without a transport organization
12license unless:
13        (i) If the infuser is located in a county with a
14    population of 3,000,000 or more, the cannabis business
15    establishment receiving the cannabis or cannabis-infused
16    product is within 2,000 feet of the property line of the
17    infuser;
18        (ii) If the infuser is located in a county with a
19    population of more than 700,000 but fewer than 3,000,000,
20    the cannabis business establishment receiving the cannabis
21    or cannabis-infused product is within 2 miles of the
22    infuser; or
23        (iii) If the infuser is located in a county with a
24    population of fewer than 700,000, the cannabis business
25    establishment receiving the cannabis or cannabis-infused
26    product is within 15 miles of the infuser.

 

 

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1    (k) An infuser may enter into a contract with a
2transporting organization to transport cannabis to a
3dispensing organization or a laboratory.
4    (l) An infuser organization may share premises with a
5craft grower or a dispensing organization, or both, provided
6each licensee stores currency and cannabis or cannabis-infused
7products in a separate secured vault to which the other
8licensee does not have access or all licensees sharing a vault
9share more than 50% of the same ownership.
10    (m) It is unlawful for any person or entity having an
11infuser organization license or any officer, associate,
12member, representative or agent of such licensee to offer or
13deliver money, or anything else of value, directly or
14indirectly to any person having an Early Approval Adult Use
15Dispensing Organization License, a Conditional Adult Use
16Dispensing Organization License, an Adult Use Dispensing
17Organization License, or a medical cannabis dispensing
18organization license issued under the Compassionate Use of
19Medical Cannabis Program Act, or to any person connected with
20or in any way representing, or to any member of the family of,
21such person holding an Early Approval Adult Use Dispensing
22Organization License, a Conditional Adult Use Dispensing
23Organization License, an Adult Use Dispensing Organization
24License, or a medical cannabis dispensing organization license
25issued under the Compassionate Use of Medical Cannabis Program
26Act, or to any stockholders in any corporation engaged the

 

 

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1retail sales of cannabis, or to any officer, manager, agent,
2or representative of the Early Approval Adult Use Dispensing
3Organization License, a Conditional Adult Use Dispensing
4Organization License, an Adult Use Dispensing Organization
5License, or a medical cannabis dispensing organization license
6issued under the Compassionate Use of Medical Cannabis Program
7Act to obtain preferential placement within the dispensing
8organization, including, without limitation, on shelves and in
9display cases where purchasers can view products, or on the
10dispensing organization's website.
11    (n) At no time shall an infuser organization or an infuser
12agent perform the extraction of cannabis concentrate from
13cannabis flower.
14(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
15    (410 ILCS 705/35-30)
16    Sec. 35-30. Infuser agent identification card.
17    (a) The Department of Agriculture shall:
18        (1) establish by rule the information required in an
19    initial application or renewal application for an agent
20    identification card submitted under this Act and the
21    nonrefundable fee to accompany the initial application or
22    renewal application;
23        (2) verify the information contained in an initial
24    application or renewal application for an agent
25    identification card submitted under this Act, and approve

 

 

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1    or deny an application within 30 days of receiving a
2    completed initial application or renewal application and
3    all supporting documentation required by rule;
4        (3) issue an agent identification card to a qualifying
5    agent within 15 business days of approving the initial
6    application or renewal application;
7        (4) enter the license number of the infuser where the
8    agent works; and
9        (5) allow for an electronic initial application and
10    renewal application process, and provide a confirmation by
11    electronic or other methods that an application has been
12    submitted. The Department of Agriculture may by rule
13    require prospective agents to file their applications by
14    electronic means and provide notices to the agents by
15    electronic means.
16    (b) An agent must keep his or her identification card
17visible at all times when on the property of a cannabis
18business establishment including the cannabis business
19establishment for which he or she is an agent.
20    (c) The agent identification cards shall contain the
21following:
22        (1) the name of the cardholder;
23        (2) the date of issuance and expiration date of the
24    identification card;
25        (3) a random 10-digit alphanumeric identification
26    number containing at least 4 numbers and at least 4

 

 

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1    letters that is unique to the holder;
2        (4) a photograph of the cardholder; and
3        (5) the legal name of the infuser organization
4    employing the agent.
5    (d) An agent identification card shall be immediately
6returned to the infuser organization of the agent upon
7termination of his or her employment.
8    (e) Any agent identification card lost by a transporting
9agent shall be reported to the Illinois Department of State
10Police and the Department of Agriculture immediately upon
11discovery of the loss.
12(Source: P.A. 101-27, eff. 6-25-19.)
 
13    (410 ILCS 705/40-10)
14    Sec. 40-10. Application.
15    (a) When applying for a transporting organization license,
16the applicant shall submit the following in such form as the
17Department of Agriculture may direct:
18        (1) the nonrefundable application fee of $5,000 or,
19    after January 1, 2021, another amount as set by rule by the
20    Department of Agriculture, to be deposited into the
21    Cannabis Regulation Fund;
22        (2) the legal name of the transporting organization;
23        (3) the proposed physical address of the transporting
24    organization, if one is proposed;
25        (4) the name, address, social security number, and

 

 

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1    date of birth of each principal officer and board member
2    of the transporting organization; each principal officer
3    and board member shall be at least 21 years of age;
4        (5) the details of any administrative or judicial
5    proceeding in which any of the principal officers or board
6    members of the transporting organization (i) pled guilty,
7    were convicted, fined, or had a registration or license
8    suspended or revoked, or (ii) managed or served on the
9    board of a business or non-profit organization that pled
10    guilty, was convicted, fined, or had a registration or
11    license suspended or revoked;
12        (6) proposed operating bylaws that include procedures
13    for the oversight of the transporting organization,
14    including the development and implementation of an
15    accurate recordkeeping plan, staffing plan, and security
16    plan approved by the Illinois Department of State Police
17    that are in accordance with the rules issued by the
18    Department of Agriculture under this Act; a physical
19    inventory shall be performed of all cannabis on a weekly
20    basis by the transporting organization;
21        (7) verification from the Illinois Department of State
22    Police that all background checks of the prospective
23    principal officers, board members, and agents of the
24    transporting organization have been conducted;
25        (8) a copy of the current local zoning ordinance or
26    permit and verification that the proposed transporting

 

 

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1    organization is in compliance with the local zoning rules
2    and distance limitations established by the local
3    jurisdiction, if the transporting organization has a
4    business address;
5        (9) proposed employment practices, in which the
6    applicant must demonstrate a plan of action to inform,
7    hire, and educate minorities, women, veterans, and persons
8    with disabilities, engage in fair labor practices, and
9    provide worker protections;
10        (10) whether an applicant can demonstrate experience
11    in or business practices that promote economic empowerment
12    in Disproportionately Impacted Areas;
13        (11) the number and type of equipment the transporting
14    organization will use to transport cannabis and
15    cannabis-infused products;
16        (12) loading, transporting, and unloading plans;
17        (13) a description of the applicant's experience in
18    the distribution or security business;
19        (14) the identity of every person having a financial
20    or voting interest of 5% or more in the transporting
21    organization with respect to which the license is sought,
22    whether a trust, corporation, partnership, limited
23    liability company, or sole proprietorship, including the
24    name and address of each person; and
25        (15) any other information required by rule.
26    (b) Applicants must submit all required information,

 

 

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1including the information required in Section 40-35 to the
2Department. Failure by an applicant to submit all required
3information may result in the application being disqualified.
4    (c) If the Department receives an application with missing
5information, the Department of Agriculture may issue a
6deficiency notice to the applicant. The applicant shall have
710 calendar days from the date of the deficiency notice to
8resubmit the incomplete information. Applications that are
9still incomplete after this opportunity to cure will not be
10scored and will be disqualified.
11(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
12    (410 ILCS 705/40-25)
13    Sec. 40-25. Transporting organization requirements;
14prohibitions.
15    (a) The operating documents of a transporting organization
16shall include procedures for the oversight of the transporter,
17an inventory monitoring system including a physical inventory
18recorded weekly, accurate recordkeeping, and a staffing plan.
19    (b) A transporting organization may not transport cannabis
20or cannabis-infused products to any person other than a
21cultivation center, a craft grower, an infuser organization, a
22dispensing organization, a testing facility, or as otherwise
23authorized by rule.
24    (c) All cannabis transported by a transporting
25organization must be entered into a data collection system and

 

 

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1placed into a cannabis container for transport.
2    (d) Transporters are subject to random inspections by the
3Department of Agriculture, the Department of Public Health,
4and the Illinois Department of State Police.
5    (e) A transporting organization agent shall notify local
6law enforcement, the Illinois Department of State Police, and
7the Department of Agriculture within 24 hours of the discovery
8of any loss or theft. Notification shall be made by phone, in
9person, or by written or electronic communication.
10    (f) No person under the age of 21 years shall be in a
11commercial vehicle or trailer transporting cannabis goods.
12    (g) No person or individual who is not a transporting
13organization agent shall be in a vehicle while transporting
14cannabis goods.
15    (h) Transporters may not use commercial motor vehicles
16with a weight rating of over 10,001 pounds.
17    (i) It is unlawful for any person to offer or deliver
18money, or anything else of value, directly or indirectly, to
19any of the following persons to obtain preferential placement
20within the dispensing organization, including, without
21limitation, on shelves and in display cases where purchasers
22can view products, or on the dispensing organization's
23website:
24        (1) a person having a transporting organization
25    license, or any officer, associate, member,
26    representative, or agent of the licensee;

 

 

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1        (2) a person having an Early Applicant Adult Use
2    Dispensing Organization License, an Adult Use Dispensing
3    Organization License, or a medical cannabis dispensing
4    organization license issued under the Compassionate Use of
5    Medical Cannabis Program Act;
6        (3) a person connected with or in any way
7    representing, or a member of the family of, a person
8    holding an Early Applicant Adult Use Dispensing
9    Organization License, an Adult Use Dispensing Organization
10    License, or a medical cannabis dispensing organization
11    license issued under the Compassionate Use of Medical
12    Cannabis Program Act; or
13        (4) a stockholder, officer, manager, agent, or
14    representative of a corporation engaged in the retail sale
15    of cannabis, an Early Applicant Adult Use Dispensing
16    Organization License, an Adult Use Dispensing Organization
17    License, or a medical cannabis dispensing organization
18    license issued under the Compassionate Use of Medical
19    Cannabis Program Act.
20    (j) A transporting organization agent must keep his or her
21identification card visible at all times when on the property
22of a cannabis business establishment and during the
23transporting of cannabis when acting under his or her duties
24as a transportation organization agent. During these times,
25the transporting organization agent must also provide the
26identification card upon request of any law enforcement

 

 

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1officer engaged in his or her official duties.
2    (k) A copy of the transporting organization's registration
3and a manifest for the delivery shall be present in any vehicle
4transporting cannabis.
5    (l) Cannabis shall be transported so it is not visible or
6recognizable from outside the vehicle.
7    (m) A vehicle transporting cannabis must not bear any
8markings to indicate the vehicle contains cannabis or bear the
9name or logo of the cannabis business establishment.
10    (n) Cannabis must be transported in an enclosed, locked
11storage compartment that is secured or affixed to the vehicle.
12    (o) The Department of Agriculture may, by rule, impose any
13other requirements or prohibitions on the transportation of
14cannabis.
15(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
16    (410 ILCS 705/40-30)
17    Sec. 40-30. Transporting agent identification card.
18    (a) The Department of Agriculture shall:
19        (1) establish by rule the information required in an
20    initial application or renewal application for an agent
21    identification card submitted under this Act and the
22    nonrefundable fee to accompany the initial application or
23    renewal application;
24        (2) verify the information contained in an initial
25    application or renewal application for an agent

 

 

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1    identification card submitted under this Act and approve
2    or deny an application within 30 days of receiving a
3    completed initial application or renewal application and
4    all supporting documentation required by rule;
5        (3) issue an agent identification card to a qualifying
6    agent within 15 business days of approving the initial
7    application or renewal application;
8        (4) enter the license number of the transporting
9    organization where the agent works; and
10        (5) allow for an electronic initial application and
11    renewal application process, and provide a confirmation by
12    electronic or other methods that an application has been
13    submitted. The Department of Agriculture may by rule
14    require prospective agents to file their applications by
15    electronic means and provide notices to the agents by
16    electronic means.
17    (b) An agent must keep his or her identification card
18visible at all times when on the property of a cannabis
19business establishment, including the cannabis business
20establishment for which he or she is an agent.
21    (c) The agent identification cards shall contain the
22following:
23        (1) the name of the cardholder;
24        (2) the date of issuance and expiration date of the
25    identification card;
26        (3) a random 10-digit alphanumeric identification

 

 

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1    number containing at least 4 numbers and at least 4
2    letters that is unique to the holder;
3        (4) a photograph of the cardholder; and
4        (5) the legal name of the transporting organization
5    employing the agent.
6    (d) An agent identification card shall be immediately
7returned to the transporting organization of the agent upon
8termination of his or her employment.
9    (e) Any agent identification card lost by a transporting
10agent shall be reported to the Illinois Department of State
11Police and the Department of Agriculture immediately upon
12discovery of the loss.
13    (f) An application for an agent identification card shall
14be denied if the applicant is delinquent in filing any
15required tax returns or paying any amounts owed to the State of
16Illinois.
17(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
18    (410 ILCS 705/40-35)
19    Sec. 40-35. Transporting organization background checks.
20    (a) Through the Illinois Department of State Police, the
21Department of Agriculture shall conduct a background check of
22the prospective principal officers, board members, and agents
23of a transporter applying for a license or identification card
24under this Act. The Illinois Department of State Police shall
25charge a fee set by rule for conducting the criminal history

 

 

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1record check, which shall be deposited into the State Police
2Services Fund and shall not exceed the actual cost of the
3record check. In order to carry out this provision, each
4transporting organization's prospective principal officer,
5board member, or agent shall submit a full set of fingerprints
6to the Illinois Department of State Police for the purpose of
7obtaining a State and federal criminal records check. These
8fingerprints shall be checked against the fingerprint records
9now and hereafter, to the extent allowed by law, filed in the
10Illinois Department of State Police and Federal Bureau of
11Investigation criminal history records databases. The Illinois
12Department of State Police shall furnish, following positive
13identification, all conviction information to the Department
14of Agriculture.
15    (b) When applying for the initial license or
16identification card, the background checks for all prospective
17principal officers, board members, and agents shall be
18completed before submitting the application to the Department
19of Agriculture.
20(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
21    (410 ILCS 705/55-15)
22    Sec. 55-15. Destruction of cannabis.
23    (a) All cannabis byproduct, scrap, and harvested cannabis
24not intended for distribution to a dispensing organization
25must be destroyed and disposed of under rules adopted by the

 

 

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1Department of Agriculture under this Act. Documentation of
2destruction and disposal shall be retained at the cultivation
3center, craft grower, infuser organization, transporter, or
4testing facility as applicable for a period of not less than 5
5years.
6    (b) A cultivation center, craft grower, or infuser
7organization shall, before destruction, notify the Department
8of Agriculture and the Illinois Department of State Police. A
9dispensing organization shall, before destruction, notify the
10Department of Financial and Professional Regulation and the
11Illinois Department of State Police. The Department of
12Agriculture may by rule require that an employee of the
13Department of Agriculture or the Department of Financial and
14Professional Regulation be present during the destruction of
15any cannabis byproduct, scrap, and harvested cannabis, as
16applicable.
17    (c) The cultivation center, craft grower, infuser
18organization, or dispensing organization shall keep a record
19of the date of destruction and how much was destroyed.
20    (d) A dispensing organization shall destroy all cannabis,
21including cannabis-infused products, not sold to purchasers.
22Documentation of destruction and disposal shall be retained at
23the dispensing organization for a period of not less than 5
24years.
25(Source: P.A. 101-27, eff. 6-25-19.)
 

 

 

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1    (410 ILCS 705/55-30)
2    Sec. 55-30. Confidentiality.
3    (a) Information provided by the cannabis business
4establishment licensees or applicants to the Department of
5Agriculture, the Department of Public Health, the Department
6of Financial and Professional Regulation, the Department of
7Commerce and Economic Opportunity, or other agency shall be
8limited to information necessary for the purposes of
9administering this Act. The information is subject to the
10provisions and limitations contained in the Freedom of
11Information Act and may be disclosed in accordance with
12Section 55-65.
13    (b) The following information received and records kept by
14the Department of Agriculture, the Department of Public
15Health, the Illinois Department of State Police, and the
16Department of Financial and Professional Regulation for
17purposes of administering this Article are subject to all
18applicable federal privacy laws, are confidential and exempt
19from disclosure under the Freedom of Information Act, except
20as provided in this Act, and not subject to disclosure to any
21individual or public or private entity, except to the
22Department of Financial and Professional Regulation, the
23Department of Agriculture, the Department of Public Health,
24and the Illinois Department of State Police as necessary to
25perform official duties under this Article and to the Attorney
26General as necessary to enforce the provisions of this Act.

 

 

HB3655- 1307 -LRB102 16922 WGH 22334 b

1The following information received and kept by the Department
2of Financial and Professional Regulation or the Department of
3Agriculture may be disclosed to the Department of Public
4Health, the Department of Agriculture, the Department of
5Revenue, the Illinois Department of State Police, or the
6Attorney General upon proper request:
7        (1) Applications and renewals, their contents, and
8    supporting information submitted by or on behalf of
9    dispensing organizations in compliance with this Article,
10    including their physical addresses;
11        (2) Any plans, procedures, policies, or other records
12    relating to dispensing organization security; and
13        (3) Information otherwise exempt from disclosure by
14    State or federal law.
15    Illinois or national criminal history record information,
16or the nonexistence or lack of such information, may not be
17disclosed by the Department of Financial and Professional
18Regulation or the Department of Agriculture, except as
19necessary to the Attorney General to enforce this Act.
20    (c) The name and address of a dispensing organization
21licensed under this Act shall be subject to disclosure under
22the Freedom of Information Act. The name and cannabis business
23establishment address of the person or entity holding each
24cannabis business establishment license shall be subject to
25disclosure.
26    (d) All information collected by the Department of

 

 

HB3655- 1308 -LRB102 16922 WGH 22334 b

1Financial and Professional Regulation in the course of an
2examination, inspection, or investigation of a licensee or
3applicant, including, but not limited to, any complaint
4against a licensee or applicant filed with the Department and
5information collected to investigate any such complaint, shall
6be maintained for the confidential use of the Department and
7shall not be disclosed, except as otherwise provided in this
8Act. A formal complaint against a licensee by the Department
9or any disciplinary order issued by the Department against a
10licensee or applicant shall be a public record, except as
11otherwise provided by law. Complaints from consumers or
12members of the general public received regarding a specific,
13named licensee or complaints regarding conduct by unlicensed
14entities shall be subject to disclosure under the Freedom of
15Information Act.
16    (e) The Department of Agriculture, the Illinois Department
17of State Police, and the Department of Financial and
18Professional Regulation shall not share or disclose any
19Illinois or national criminal history record information, or
20the nonexistence or lack of such information, to any person or
21entity not expressly authorized by this Act.
22    (f) Each Department responsible for licensure under this
23Act shall publish on the Department's website a list of the
24ownership information of cannabis business establishment
25licensees under the Department's jurisdiction. The list shall
26include, but is not limited to: the name of the person or

 

 

HB3655- 1309 -LRB102 16922 WGH 22334 b

1entity holding each cannabis business establishment license;
2and the address at which the entity is operating under this
3Act. This list shall be published and updated monthly.
4(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
5    (410 ILCS 705/55-35)
6    Sec. 55-35. Administrative rulemaking.
7    (a) No later than 180 days after the effective date of this
8Act, the Department of Agriculture, the Illinois Department of
9State Police, the Department of Financial and Professional
10Regulation, the Department of Revenue, the Department of
11Commerce and Economic Opportunity, and the Treasurer's Office
12shall adopt permanent rules in accordance with their
13responsibilities under this Act. The Department of
14Agriculture, the Illinois Department of State Police, the
15Department of Financial and Professional Regulation, the
16Department of Revenue, and the Department of Commerce and
17Economic Opportunity may adopt rules necessary to regulate
18personal cannabis use through the use of emergency rulemaking
19in accordance with subsection (gg) of Section 5-45 of the
20Illinois Administrative Procedure Act. The General Assembly
21finds that the adoption of rules to regulate cannabis use is
22deemed an emergency and necessary for the public interest,
23safety, and welfare.
24    (b) The Department of Agriculture rules may address, but
25are not limited to, the following matters related to

 

 

HB3655- 1310 -LRB102 16922 WGH 22334 b

1cultivation centers, craft growers, infuser organizations, and
2transporting organizations with the goal of protecting against
3diversion and theft, without imposing an undue burden on the
4cultivation centers, craft growers, infuser organizations, or
5transporting organizations:
6        (1) oversight requirements for cultivation centers,
7    craft growers, infuser organizations, and transporting
8    organizations;
9        (2) recordkeeping requirements for cultivation
10    centers, craft growers, infuser organizations, and
11    transporting organizations;
12        (3) security requirements for cultivation centers,
13    craft growers, infuser organizations, and transporting
14    organizations, which shall include that each cultivation
15    center, craft grower, infuser organization, and
16    transporting organization location must be protected by a
17    fully operational security alarm system;
18        (4) standards for enclosed, locked facilities under
19    this Act;
20        (5) procedures for suspending or revoking the
21    identification cards of agents of cultivation centers,
22    craft growers, infuser organizations, and transporting
23    organizations that commit violations of this Act or the
24    rules adopted under this Section;
25        (6) rules concerning the intrastate transportation of
26    cannabis from a cultivation center, craft grower, infuser

 

 

HB3655- 1311 -LRB102 16922 WGH 22334 b

1    organization, and transporting organization to a
2    dispensing organization;
3        (7) standards concerning the testing, quality,
4    cultivation, and processing of cannabis; and
5        (8) any other matters under oversight by the
6    Department of Agriculture as are necessary for the fair,
7    impartial, stringent, and comprehensive administration of
8    this Act.
9    (c) The Department of Financial and Professional
10Regulation rules may address, but are not limited to, the
11following matters related to dispensing organizations, with
12the goal of protecting against diversion and theft, without
13imposing an undue burden on the dispensing organizations:
14        (1) oversight requirements for dispensing
15    organizations;
16        (2) recordkeeping requirements for dispensing
17    organizations;
18        (3) security requirements for dispensing
19    organizations, which shall include that each dispensing
20    organization location must be protected by a fully
21    operational security alarm system;
22        (4) procedures for suspending or revoking the licenses
23    of dispensing organization agents that commit violations
24    of this Act or the rules adopted under this Act;
25        (5) any other matters under oversight by the
26    Department of Financial and Professional Regulation that

 

 

HB3655- 1312 -LRB102 16922 WGH 22334 b

1    are necessary for the fair, impartial, stringent, and
2    comprehensive administration of this Act.
3    (d) The Department of Revenue rules may address, but are
4not limited to, the following matters related to the payment
5of taxes by cannabis business establishments:
6        (1) recording of sales;
7        (2) documentation of taxable income and expenses;
8        (3) transfer of funds for the payment of taxes; or
9        (4) any other matter under the oversight of the
10    Department of Revenue.
11    (e) The Department of Commerce and Economic Opportunity
12rules may address, but are not limited to, a loan program or
13grant program to assist Social Equity Applicants access the
14capital needed to start a cannabis business establishment. The
15names of recipients and the amounts of any moneys received
16through a loan program or grant program shall be a public
17record.
18    (f) The Illinois Department of State Police rules may
19address enforcement of its authority under this Act. The
20Illinois Department of State Police shall not make rules that
21infringe on the exclusive authority of the Department of
22Financial and Professional Regulation or the Department of
23Agriculture over licensees under this Act.
24    (g) The Department of Human Services shall develop and
25disseminate:
26        (1) educational information about the health risks

 

 

HB3655- 1313 -LRB102 16922 WGH 22334 b

1    associated with the use of cannabis; and
2        (2) one or more public education campaigns in
3    coordination with local health departments and community
4    organizations, including one or more prevention campaigns
5    directed at children, adolescents, parents, and pregnant
6    or breastfeeding women, to inform them of the potential
7    health risks associated with intentional or unintentional
8    cannabis use.
9(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
10    (410 ILCS 705/55-40)
11    Sec. 55-40. Enforcement.
12    (a) If the Department of Agriculture, Illinois Department
13of State Police, Department of Financial and Professional
14Regulation, Department of Commerce and Economic Opportunity,
15or Department of Revenue fails to adopt rules to implement
16this Act within the times provided in this Act, any citizen may
17commence a mandamus action in the circuit court to compel the
18agencies to perform the actions mandated under Section 55-35.
19    (b) If the Department of Agriculture or the Department of
20Financial and Professional Regulation fails to issue a valid
21agent identification card in response to a valid initial
22application or renewal application submitted under this Act or
23fails to issue a verbal or written notice of denial of the
24application within 30 days of its submission, the agent
25identification card is deemed granted and a copy of the agent

 

 

HB3655- 1314 -LRB102 16922 WGH 22334 b

1identification initial application or renewal application
2shall be deemed a valid agent identification card.
3    (c) Authorized employees of State or local law enforcement
4agencies shall immediately notify the Department of
5Agriculture and the Department of Financial and Professional
6Regulation when any person in possession of an agent
7identification card has been convicted of or pled guilty to
8violating this Act.
9(Source: P.A. 101-27, eff. 6-25-19.)
 
10    (410 ILCS 705/55-50)
11    Sec. 55-50. Petition for rehearing. Within 20 days after
12the service of any order or decision of the Department of
13Public Health, the Department of Agriculture, the Department
14of Financial and Professional Regulation, or the Illinois
15Department of State Police upon any party to the proceeding,
16the party may apply for a rehearing in respect to any matters
17determined by them under this Act, except for decisions made
18under the Cannabis Cultivation Privilege Tax Law, the Cannabis
19Purchaser Excise Tax Law, the County Cannabis Retailers'
20Occupation Tax Law, and the Municipal Cannabis Retailers'
21Occupation Tax Law, which shall be governed by the provisions
22of those Laws. If a rehearing is granted, an agency shall hold
23the rehearing and render a decision within 30 days from the
24filing of the application for rehearing with the agency. The
25time for holding such rehearing and rendering a decision may

 

 

HB3655- 1315 -LRB102 16922 WGH 22334 b

1be extended for a period not to exceed 30 days, for good cause
2shown, and by notice in writing to all parties of interest. If
3an agency fails to act on the application for rehearing within
430 days, or the date the time for rendering a decision was
5extended for good cause shown, the order or decision of the
6agency is final. No action for the judicial review of any order
7or decision of an agency shall be allowed unless the party
8commencing such action has first filed an application for a
9rehearing and the agency has acted or failed to act upon the
10application. Only one rehearing may be granted by an agency on
11application of any one party.
12(Source: P.A. 101-27, eff. 6-25-19.)
 
13    (410 ILCS 705/55-55)
14    Sec. 55-55. Review of administrative decisions. All final
15administrative decisions of the Department of Public Health,
16the Department of Agriculture, the Department of Financial and
17Professional Regulation, and the Illinois Department of State
18Police are subject to judicial review under the Administrative
19Review Law and the rules adopted under that Law. The term
20"administrative decision" is defined as in Section 3-101 of
21the Code of Civil Procedure.
22(Source: P.A. 101-27, eff. 6-25-19.)
 
23    (410 ILCS 705/55-80)
24    Sec. 55-80. Annual reports.

 

 

HB3655- 1316 -LRB102 16922 WGH 22334 b

1    (a) The Department of Financial and Professional
2Regulation shall submit to the General Assembly and Governor a
3report, by September 30 of each year, that does not disclose
4any information identifying information about cultivation
5centers, craft growers, infuser organizations, transporting
6organizations, or dispensing organizations, but does contain,
7at a minimum, all of the following information for the
8previous fiscal year:
9        (1) The number of licenses issued to dispensing
10    organizations by county, or, in counties with greater than
11    3,000,000 residents, by zip code;
12        (2) The total number of dispensing organization owners
13    that are Social Equity Applicants or minority persons,
14    women, or persons with disabilities as those terms are
15    defined in the Business Enterprise for Minorities, Women,
16    and Persons with Disabilities Act;
17        (3) The total number of revenues received from
18    dispensing organizations, segregated from revenues
19    received from dispensing organizations under the
20    Compassionate Use of Medical Cannabis Program Act by
21    county, separated by source of revenue;
22        (4) The total amount of revenue received from
23    dispensing organizations that share a premises or majority
24    ownership with a craft grower;
25        (5) The total amount of revenue received from
26    dispensing organizations that share a premises or majority

 

 

HB3655- 1317 -LRB102 16922 WGH 22334 b

1    ownership with an infuser; and
2        (6) An analysis of revenue generated from taxation,
3    licensing, and other fees for the State, including
4    recommendations to change the tax rate applied.
5    (b) The Department of Agriculture shall submit to the
6General Assembly and Governor a report, by September 30 of
7each year, that does not disclose any information identifying
8information about cultivation centers, craft growers, infuser
9organizations, transporting organizations, or dispensing
10organizations, but does contain, at a minimum, all of the
11following information for the previous fiscal year:
12        (1) The number of licenses issued to cultivation
13    centers, craft growers, infusers, and transporters by
14    license type, and, in counties with more than 3,000,000
15    residents, by zip code;
16        (2) The total number of cultivation centers, craft
17    growers, infusers, and transporters by license type that
18    are Social Equity Applicants or minority persons, women,
19    or persons with disabilities as those terms are defined in
20    the Business Enterprise for Minorities, Women, and Persons
21    with Disabilities Act;
22        (3) The total amount of revenue received from
23    cultivation centers, craft growers, infusers, and
24    transporters, separated by license types and source of
25    revenue;
26        (4) The total amount of revenue received from craft

 

 

HB3655- 1318 -LRB102 16922 WGH 22334 b

1    growers and infusers that share a premises or majority
2    ownership with a dispensing organization;
3        (5) The total amount of revenue received from craft
4    growers that share a premises or majority ownership with
5    an infuser, but do not share a premises or ownership with a
6    dispensary;
7        (6) The total amount of revenue received from infusers
8    that share a premises or majority ownership with a craft
9    grower, but do not share a premises or ownership with a
10    dispensary;
11        (7) The total amount of revenue received from craft
12    growers that share a premises or majority ownership with a
13    dispensing organization, but do not share a premises or
14    ownership with an infuser;
15        (8) The total amount of revenue received from infusers
16    that share a premises or majority ownership with a
17    dispensing organization, but do not share a premises or
18    ownership with a craft grower;
19        (9) The total amount of revenue received from
20    transporters; and
21        (10) An analysis of revenue generated from taxation,
22    licensing, and other fees for the State, including
23    recommendations to change the tax rate applied.
24    (c) The Illinois Department of State Police shall submit
25to the General Assembly and Governor a report, by September 30
26of each year that contains, at a minimum, all of the following

 

 

HB3655- 1319 -LRB102 16922 WGH 22334 b

1information for the previous fiscal year:
2        (1) The effect of regulation and taxation of cannabis
3    on law enforcement resources;
4        (2) The impact of regulation and taxation of cannabis
5    on highway and waterway safety and rates of impaired
6    driving or operating, where impairment was determined
7    based on failure of a field sobriety test;
8        (3) The available and emerging methods for detecting
9    the metabolites for delta-9-tetrahydrocannabinol in bodily
10    fluids, including, without limitation, blood and saliva;
11        (4) The effectiveness of current DUI laws and
12    recommendations for improvements to policy to better
13    ensure safe highways and fair laws.
14    (d) The Adult Use Cannabis Health Advisory Committee shall
15submit to the General Assembly and Governor a report, by
16September 30 of each year, that does not disclose any
17identifying information about any individuals, but does
18contain, at a minimum:
19        (1) Self-reported youth cannabis use, as published in
20    the most recent Illinois Youth Survey available;
21        (2) Self-reported adult cannabis use, as published in
22    the most recent Behavioral Risk Factor Surveillance Survey
23    available;
24        (3) Hospital room admissions and hospital utilization
25    rates caused by cannabis consumption, including the
26    presence or detection of other drugs;

 

 

HB3655- 1320 -LRB102 16922 WGH 22334 b

1        (4) Overdoses of cannabis and poison control data,
2    including the presence of other drugs that may have
3    contributed;
4        (5) Incidents of impaired driving caused by the
5    consumption of cannabis or cannabis products, including
6    the presence of other drugs or alcohol that may have
7    contributed to the impaired driving;
8        (6) Prevalence of infants born testing positive for
9    cannabis or delta-9-tetrahydrocannabinol, including
10    demographic and racial information on which infants are
11    tested;
12        (7) Public perceptions of use and risk of harm;
13        (8) Revenue collected from cannabis taxation and how
14    that revenue was used;
15        (9) Cannabis retail licenses granted and locations;
16        (10) Cannabis-related arrests; and
17        (11) The number of individuals completing required bud
18    tender training.
19    (e) Each agency or committee submitting reports under this
20Section may consult with one another in the preparation of
21each report.
22(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
23    Section 850. The Radiation Protection Act of 1990 is
24amended by changing Section 34 as follows:
 

 

 

HB3655- 1321 -LRB102 16922 WGH 22334 b

1    (420 ILCS 40/34)  (from Ch. 111 1/2, par. 210-34)
2    (Section scheduled to be repealed on January 1, 2022)
3    Sec. 34. All intrastate and interstate carriers of
4irradiated nuclear reactor fuel in the State of Illinois are
5hereby required to notify the Agency 24 hours prior to any
6transportation of irradiated nuclear reactor fuel within this
7State of the proposed route, the place and time of entry into
8the State, and the amount and the source of the fuel. The
9Agency shall immediately notify the Illinois State Police,
10which shall notify the sheriff of those counties along the
11route of such shipment.
12    For the purpose of this subsection, a "carrier" is any
13entity charged with transportation of such irradiated reactor
14fuel from the nuclear steam-generating facility to a storage
15facility.
16    For the purpose of this subsection, "irradiated reactor
17fuel" is any nuclear fuel assembly containing fissile-bearing
18material that has been irradiated in and removed from a
19nuclear reactor facility.
20(Source: P.A. 94-104, eff. 7-1-05.)
 
21    Section 865. The Firearm Owners Identification Card Act is
22amended by changing Sections 1.1, 2, 3, 3.1, 3.3, 4, 5, 5.1, 6,
238, 8.1, 8.2, 8.3, 9.5, 10, 11, 13.1, 13.2, 13.3, 15a, and 15b
24as follows:
 

 

 

HB3655- 1322 -LRB102 16922 WGH 22334 b

1    (430 ILCS 65/1.1)  (from Ch. 38, par. 83-1.1)
2    Sec. 1.1. For purposes of this Act:
3    "Addicted to narcotics" means a person who has been:
4        (1) convicted of an offense involving the use or
5    possession of cannabis, a controlled substance, or
6    methamphetamine within the past year; or
7        (2) determined by the Illinois Department of State
8    Police to be addicted to narcotics based upon federal law
9    or federal guidelines.
10    "Addicted to narcotics" does not include possession or use
11of a prescribed controlled substance under the direction and
12authority of a physician or other person authorized to
13prescribe the controlled substance when the controlled
14substance is used in the prescribed manner.
15    "Adjudicated as a person with a mental disability" means
16the person is the subject of a determination by a court, board,
17commission or other lawful authority that the person, as a
18result of marked subnormal intelligence, or mental illness,
19mental impairment, incompetency, condition, or disease:
20        (1) presents a clear and present danger to himself,
21    herself, or to others;
22        (2) lacks the mental capacity to manage his or her own
23    affairs or is adjudicated a person with a disability as
24    defined in Section 11a-2 of the Probate Act of 1975;
25        (3) is not guilty in a criminal case by reason of
26    insanity, mental disease or defect;

 

 

HB3655- 1323 -LRB102 16922 WGH 22334 b

1        (3.5) is guilty but mentally ill, as provided in
2    Section 5-2-6 of the Unified Code of Corrections;
3        (4) is incompetent to stand trial in a criminal case;
4        (5) is not guilty by reason of lack of mental
5    responsibility under Articles 50a and 72b of the Uniform
6    Code of Military Justice, 10 U.S.C. 850a, 876b;
7        (6) is a sexually violent person under subsection (f)
8    of Section 5 of the Sexually Violent Persons Commitment
9    Act;
10        (7) is a sexually dangerous person under the Sexually
11    Dangerous Persons Act;
12        (8) is unfit to stand trial under the Juvenile Court
13    Act of 1987;
14        (9) is not guilty by reason of insanity under the
15    Juvenile Court Act of 1987;
16        (10) is subject to involuntary admission as an
17    inpatient as defined in Section 1-119 of the Mental Health
18    and Developmental Disabilities Code;
19        (11) is subject to involuntary admission as an
20    outpatient as defined in Section 1-119.1 of the Mental
21    Health and Developmental Disabilities Code;
22        (12) is subject to judicial admission as set forth in
23    Section 4-500 of the Mental Health and Developmental
24    Disabilities Code; or
25        (13) is subject to the provisions of the Interstate
26    Agreements on Sexually Dangerous Persons Act.

 

 

HB3655- 1324 -LRB102 16922 WGH 22334 b

1    "Clear and present danger" means a person who:
2        (1) communicates a serious threat of physical violence
3    against a reasonably identifiable victim or poses a clear
4    and imminent risk of serious physical injury to himself,
5    herself, or another person as determined by a physician,
6    clinical psychologist, or qualified examiner; or
7        (2) demonstrates threatening physical or verbal
8    behavior, such as violent, suicidal, or assaultive
9    threats, actions, or other behavior, as determined by a
10    physician, clinical psychologist, qualified examiner,
11    school administrator, or law enforcement official.
12    "Clinical psychologist" has the meaning provided in
13Section 1-103 of the Mental Health and Developmental
14Disabilities Code.
15    "Controlled substance" means a controlled substance or
16controlled substance analog as defined in the Illinois
17Controlled Substances Act.
18    "Counterfeit" means to copy or imitate, without legal
19authority, with intent to deceive.
20    "Federally licensed firearm dealer" means a person who is
21licensed as a federal firearms dealer under Section 923 of the
22federal Gun Control Act of 1968 (18 U.S.C. 923).
23    "Firearm" means any device, by whatever name known, which
24is designed to expel a projectile or projectiles by the action
25of an explosion, expansion of gas or escape of gas; excluding,
26however:

 

 

HB3655- 1325 -LRB102 16922 WGH 22334 b

1        (1) any pneumatic gun, spring gun, paint ball gun, or
2    B-B gun which expels a single globular projectile not
3    exceeding .18 inch in diameter or which has a maximum
4    muzzle velocity of less than 700 feet per second;
5        (1.1) any pneumatic gun, spring gun, paint ball gun,
6    or B-B gun which expels breakable paint balls containing
7    washable marking colors;
8        (2) any device used exclusively for signaling
9    signalling or safety and required or recommended by the
10    United States Coast Guard or the Interstate Commerce
11    Commission;
12        (3) any device used exclusively for the firing of stud
13    cartridges, explosive rivets or similar industrial
14    ammunition; and
15        (4) an antique firearm (other than a machine-gun)
16    which, although designed as a weapon, the Illinois
17    Department of State Police finds by reason of the date of
18    its manufacture, value, design, and other characteristics
19    is primarily a collector's item and is not likely to be
20    used as a weapon.
21    "Firearm ammunition" means any self-contained cartridge or
22shotgun shell, by whatever name known, which is designed to be
23used or adaptable to use in a firearm; excluding, however:
24        (1) any ammunition exclusively designed for use with a
25    device used exclusively for signalling or safety and
26    required or recommended by the United States Coast Guard

 

 

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1    or the Interstate Commerce Commission; and
2        (2) any ammunition designed exclusively for use with a
3    stud or rivet driver or other similar industrial
4    ammunition.
5    "Gun show" means an event or function:
6        (1) at which the sale and transfer of firearms is the
7    regular and normal course of business and where 50 or more
8    firearms are displayed, offered, or exhibited for sale,
9    transfer, or exchange; or
10        (2) at which not less than 10 gun show vendors
11    display, offer, or exhibit for sale, sell, transfer, or
12    exchange firearms.
13    "Gun show" includes the entire premises provided for an
14event or function, including parking areas for the event or
15function, that is sponsored to facilitate the purchase, sale,
16transfer, or exchange of firearms as described in this
17Section. Nothing in this definition shall be construed to
18exclude a gun show held in conjunction with competitive
19shooting events at the World Shooting Complex sanctioned by a
20national governing body in which the sale or transfer of
21firearms is authorized under subparagraph (5) of paragraph (g)
22of subsection (A) of Section 24-3 of the Criminal Code of 2012.
23    Unless otherwise expressly stated, "gun show" does not
24include training or safety classes, competitive shooting
25events, such as rifle, shotgun, or handgun matches, trap,
26skeet, or sporting clays shoots, dinners, banquets, raffles,

 

 

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1or any other event where the sale or transfer of firearms is
2not the primary course of business.
3    "Gun show promoter" means a person who organizes or
4operates a gun show.
5    "Gun show vendor" means a person who exhibits, sells,
6offers for sale, transfers, or exchanges any firearms at a gun
7show, regardless of whether the person arranges with a gun
8show promoter for a fixed location from which to exhibit,
9sell, offer for sale, transfer, or exchange any firearm.
10    "Involuntarily admitted" has the meaning as prescribed in
11Sections 1-119 and 1-119.1 of the Mental Health and
12Developmental Disabilities Code.
13    "Mental health facility" means any licensed private
14hospital or hospital affiliate, institution, or facility, or
15part thereof, and any facility, or part thereof, operated by
16the State or a political subdivision thereof which provide
17treatment of persons with mental illness and includes all
18hospitals, institutions, clinics, evaluation facilities,
19mental health centers, colleges, universities, long-term care
20facilities, and nursing homes, or parts thereof, which provide
21treatment of persons with mental illness whether or not the
22primary purpose is to provide treatment of persons with mental
23illness.
24    "National governing body" means a group of persons who
25adopt rules and formulate policy on behalf of a national
26firearm sporting organization.

 

 

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1    "Patient" means:
2        (1) a person who is admitted as an inpatient or
3    resident of a public or private mental health facility for
4    mental health treatment under Chapter III of the Mental
5    Health and Developmental Disabilities Code as an informal
6    admission, a voluntary admission, a minor admission, an
7    emergency admission, or an involuntary admission, unless
8    the treatment was solely for an alcohol abuse disorder; or
9        (2) a person who voluntarily or involuntarily receives
10    mental health treatment as an out-patient or is otherwise
11    provided services by a public or private mental health
12    facility, and who poses a clear and present danger to
13    himself, herself, or to others.
14    "Person with a developmental disability" means a person
15with a disability which is attributable to any other condition
16which results in impairment similar to that caused by an
17intellectual disability and which requires services similar to
18those required by persons with intellectual disabilities. The
19disability must originate before the age of 18 years, be
20expected to continue indefinitely, and constitute a
21substantial disability. This disability results, in the
22professional opinion of a physician, clinical psychologist, or
23qualified examiner, in significant functional limitations in 3
24or more of the following areas of major life activity:
25        (i) self-care;
26        (ii) receptive and expressive language;

 

 

HB3655- 1329 -LRB102 16922 WGH 22334 b

1        (iii) learning;
2        (iv) mobility; or
3        (v) self-direction.
4    "Person with an intellectual disability" means a person
5with a significantly subaverage general intellectual
6functioning which exists concurrently with impairment in
7adaptive behavior and which originates before the age of 18
8years.
9    "Physician" has the meaning as defined in Section 1-120 of
10the Mental Health and Developmental Disabilities Code.
11    "Qualified examiner" has the meaning provided in Section
121-122 of the Mental Health and Developmental Disabilities
13Code.
14    "Sanctioned competitive shooting event" means a shooting
15contest officially recognized by a national or state shooting
16sport association, and includes any sight-in or practice
17conducted in conjunction with the event.
18    "School administrator" means the person required to report
19under the School Administrator Reporting of Mental Health
20Clear and Present Danger Determinations Law.
21    "Stun gun or taser" has the meaning ascribed to it in
22Section 24-1 of the Criminal Code of 2012.
23(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;
2499-642, eff. 7-28-16; 100-906, eff. 1-1-19.)
 
25    (430 ILCS 65/2)  (from Ch. 38, par. 83-2)

 

 

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1    Sec. 2. Firearm Owner's Identification Card required;
2exceptions.
3    (a) (1) No person may acquire or possess any firearm, stun
4gun, or taser within this State without having in his or her
5possession a Firearm Owner's Identification Card previously
6issued in his or her name by the Illinois Department of State
7Police under the provisions of this Act.
8    (2) No person may acquire or possess firearm ammunition
9within this State without having in his or her possession a
10Firearm Owner's Identification Card previously issued in his
11or her name by the Illinois Department of State Police under
12the provisions of this Act.
13    (b) The provisions of this Section regarding the
14possession of firearms, firearm ammunition, stun guns, and
15tasers do not apply to:
16        (1) United States Marshals, while engaged in the
17    operation of their official duties;
18        (2) Members of the Armed Forces of the United States
19    or the National Guard, while engaged in the operation of
20    their official duties;
21        (3) Federal officials required to carry firearms,
22    while engaged in the operation of their official duties;
23        (4) Members of bona fide veterans organizations which
24    receive firearms directly from the armed forces of the
25    United States, while using the firearms for ceremonial
26    purposes with blank ammunition;

 

 

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1        (5) Nonresident hunters during hunting season, with
2    valid nonresident hunting licenses and while in an area
3    where hunting is permitted; however, at all other times
4    and in all other places these persons must have their
5    firearms unloaded and enclosed in a case;
6        (6) Those hunters exempt from obtaining a hunting
7    license who are required to submit their Firearm Owner's
8    Identification Card when hunting on Department of Natural
9    Resources owned or managed sites;
10        (7) Nonresidents while on a firing or shooting range
11    recognized by the Illinois Department of State Police;
12    however, these persons must at all other times and in all
13    other places have their firearms unloaded and enclosed in
14    a case;
15        (8) Nonresidents while at a firearm showing or display
16    recognized by the Illinois Department of State Police;
17    however, at all other times and in all other places these
18    persons must have their firearms unloaded and enclosed in
19    a case;
20        (9) Nonresidents whose firearms are unloaded and
21    enclosed in a case;
22        (10) Nonresidents who are currently licensed or
23    registered to possess a firearm in their resident state;
24        (11) Unemancipated minors while in the custody and
25    immediate control of their parent or legal guardian or
26    other person in loco parentis to the minor if the parent or

 

 

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1    legal guardian or other person in loco parentis to the
2    minor has a currently valid Firearm Owner's Identification
3    Card;
4        (12) Color guards of bona fide veterans organizations
5    or members of bona fide American Legion bands while using
6    firearms for ceremonial purposes with blank ammunition;
7        (13) Nonresident hunters whose state of residence does
8    not require them to be licensed or registered to possess a
9    firearm and only during hunting season, with valid hunting
10    licenses, while accompanied by, and using a firearm owned
11    by, a person who possesses a valid Firearm Owner's
12    Identification Card and while in an area within a
13    commercial club licensed under the Wildlife Code where
14    hunting is permitted and controlled, but in no instance
15    upon sites owned or managed by the Department of Natural
16    Resources;
17        (14) Resident hunters who are properly authorized to
18    hunt and, while accompanied by a person who possesses a
19    valid Firearm Owner's Identification Card, hunt in an area
20    within a commercial club licensed under the Wildlife Code
21    where hunting is permitted and controlled;
22        (15) A person who is otherwise eligible to obtain a
23    Firearm Owner's Identification Card under this Act and is
24    under the direct supervision of a holder of a Firearm
25    Owner's Identification Card who is 21 years of age or
26    older while the person is on a firing or shooting range or

 

 

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1    is a participant in a firearms safety and training course
2    recognized by a law enforcement agency or a national,
3    statewide shooting sports organization; and
4        (16) Competitive shooting athletes whose competition
5    firearms are sanctioned by the International Olympic
6    Committee, the International Paralympic Committee, the
7    International Shooting Sport Federation, or USA Shooting
8    in connection with such athletes' training for and
9    participation in shooting competitions at the 2016 Olympic
10    and Paralympic Games and sanctioned test events leading up
11    to the 2016 Olympic and Paralympic Games.
12    (c) The provisions of this Section regarding the
13acquisition and possession of firearms, firearm ammunition,
14stun guns, and tasers do not apply to law enforcement
15officials of this or any other jurisdiction, while engaged in
16the operation of their official duties.
17    (c-5) The provisions of paragraphs (1) and (2) of
18subsection (a) of this Section regarding the possession of
19firearms and firearm ammunition do not apply to the holder of a
20valid concealed carry license issued under the Firearm
21Concealed Carry Act who is in physical possession of the
22concealed carry license.
23    (d) Any person who becomes a resident of this State, who is
24not otherwise prohibited from obtaining, possessing, or using
25a firearm or firearm ammunition, shall not be required to have
26a Firearm Owner's Identification Card to possess firearms or

 

 

HB3655- 1334 -LRB102 16922 WGH 22334 b

1firearms ammunition until 60 calendar days after he or she
2obtains an Illinois driver's license or Illinois
3Identification Card.
4(Source: P.A. 99-29, eff. 7-10-15.)
 
5    (430 ILCS 65/3)  (from Ch. 38, par. 83-3)
6    Sec. 3. (a) Except as provided in Section 3a, no person may
7knowingly transfer, or cause to be transferred, any firearm,
8firearm ammunition, stun gun, or taser to any person within
9this State unless the transferee with whom he deals displays
10either: (1) a currently valid Firearm Owner's Identification
11Card which has previously been issued in his or her name by the
12Illinois Department of State Police under the provisions of
13this Act; or (2) a currently valid license to carry a concealed
14firearm which has previously been issued in his or her name by
15the Illinois Department of State Police under the Firearm
16Concealed Carry Act. In addition, all firearm, stun gun, and
17taser transfers by federally licensed firearm dealers are
18subject to Section 3.1.
19    (a-5) Any person who is not a federally licensed firearm
20dealer and who desires to transfer or sell a firearm while that
21person is on the grounds of a gun show must, before selling or
22transferring the firearm, request the Illinois Department of
23State Police to conduct a background check on the prospective
24recipient of the firearm in accordance with Section 3.1.
25    (a-10) Notwithstanding item (2) of subsection (a) of this

 

 

HB3655- 1335 -LRB102 16922 WGH 22334 b

1Section, any person who is not a federally licensed firearm
2dealer and who desires to transfer or sell a firearm or
3firearms to any person who is not a federally licensed firearm
4dealer shall, before selling or transferring the firearms,
5contact the Illinois Department of State Police with the
6transferee's or purchaser's Firearm Owner's Identification
7Card number to determine the validity of the transferee's or
8purchaser's Firearm Owner's Identification Card. This
9subsection shall not be effective until January 1, 2014. The
10Illinois Department of State Police may adopt rules concerning
11the implementation of this subsection. The Illinois Department
12of State Police shall provide the seller or transferor an
13approval number if the purchaser's Firearm Owner's
14Identification Card is valid. Approvals issued by the
15Department for the purchase of a firearm pursuant to this
16subsection are valid for 30 days from the date of issue.
17    (a-15) The provisions of subsection (a-10) of this Section
18do not apply to:
19        (1) transfers that occur at the place of business of a
20    federally licensed firearm dealer, if the federally
21    licensed firearm dealer conducts a background check on the
22    prospective recipient of the firearm in accordance with
23    Section 3.1 of this Act and follows all other applicable
24    federal, State, and local laws as if he or she were the
25    seller or transferor of the firearm, although the dealer
26    is not required to accept the firearm into his or her

 

 

HB3655- 1336 -LRB102 16922 WGH 22334 b

1    inventory. The purchaser or transferee may be required by
2    the federally licensed firearm dealer to pay a fee not to
3    exceed $10 per firearm, which the dealer may retain as
4    compensation for performing the functions required under
5    this paragraph, plus the applicable fees authorized by
6    Section 3.1;
7        (2) transfers as a bona fide gift to the transferor's
8    husband, wife, son, daughter, stepson, stepdaughter,
9    father, mother, stepfather, stepmother, brother, sister,
10    nephew, niece, uncle, aunt, grandfather, grandmother,
11    grandson, granddaughter, father-in-law, mother-in-law,
12    son-in-law, or daughter-in-law;
13        (3) transfers by persons acting pursuant to operation
14    of law or a court order;
15        (4) transfers on the grounds of a gun show under
16    subsection (a-5) of this Section;
17        (5) the delivery of a firearm by its owner to a
18    gunsmith for service or repair, the return of the firearm
19    to its owner by the gunsmith, or the delivery of a firearm
20    by a gunsmith to a federally licensed firearms dealer for
21    service or repair and the return of the firearm to the
22    gunsmith;
23        (6) temporary transfers that occur while in the home
24    of the unlicensed transferee, if the unlicensed transferee
25    is not otherwise prohibited from possessing firearms and
26    the unlicensed transferee reasonably believes that

 

 

HB3655- 1337 -LRB102 16922 WGH 22334 b

1    possession of the firearm is necessary to prevent imminent
2    death or great bodily harm to the unlicensed transferee;
3        (7) transfers to a law enforcement or corrections
4    agency or a law enforcement or corrections officer acting
5    within the course and scope of his or her official duties;
6        (8) transfers of firearms that have been rendered
7    permanently inoperable to a nonprofit historical society,
8    museum, or institutional collection; and
9        (9) transfers to a person who is exempt from the
10    requirement of possessing a Firearm Owner's Identification
11    Card under Section 2 of this Act.
12    (a-20) The Illinois Department of State Police shall
13develop an Internet-based system for individuals to determine
14the validity of a Firearm Owner's Identification Card prior to
15the sale or transfer of a firearm. The Department shall have
16the Internet-based system completed and available for use by
17July 1, 2015. The Department shall adopt rules not
18inconsistent with this Section to implement this system.
19    (b) Any person within this State who transfers or causes
20to be transferred any firearm, stun gun, or taser shall keep a
21record of such transfer for a period of 10 years from the date
22of transfer. Such record shall contain the date of the
23transfer; the description, serial number or other information
24identifying the firearm, stun gun, or taser if no serial
25number is available; and, if the transfer was completed within
26this State, the transferee's Firearm Owner's Identification

 

 

HB3655- 1338 -LRB102 16922 WGH 22334 b

1Card number and any approval number or documentation provided
2by the Illinois Department of State Police pursuant to
3subsection (a-10) of this Section; if the transfer was not
4completed within this State, the record shall contain the name
5and address of the transferee. On or after January 1, 2006, the
6record shall contain the date of application for transfer of
7the firearm. On demand of a peace officer such transferor
8shall produce for inspection such record of transfer. If the
9transfer or sale took place at a gun show, the record shall
10include the unique identification number. Failure to record
11the unique identification number or approval number is a petty
12offense. For transfers of a firearm, stun gun, or taser made on
13or after the effective date of this amendatory Act of the 100th
14General Assembly, failure by the private seller to maintain
15the transfer records in accordance with this Section is a
16Class A misdemeanor for the first offense and a Class 4 felony
17for a second or subsequent offense. A transferee shall not be
18criminally liable under this Section provided that he or she
19provides the Illinois Department of State Police with the
20transfer records in accordance with procedures established by
21the Department. The Department shall establish, by rule, a
22standard form on its website.
23    (b-5) Any resident may purchase ammunition from a person
24within or outside of Illinois if shipment is by United States
25mail or by a private express carrier authorized by federal law
26to ship ammunition. Any resident purchasing ammunition within

 

 

HB3655- 1339 -LRB102 16922 WGH 22334 b

1or outside the State of Illinois must provide the seller with a
2copy of his or her valid Firearm Owner's Identification Card
3or valid concealed carry license and either his or her
4Illinois driver's license or Illinois State Identification
5Card prior to the shipment of the ammunition. The ammunition
6may be shipped only to an address on either of those 2
7documents.
8    (c) The provisions of this Section regarding the transfer
9of firearm ammunition shall not apply to those persons
10specified in paragraph (b) of Section 2 of this Act.
11(Source: P.A. 99-29, eff. 7-10-15; 100-1178, eff. 1-18-19.)
 
12    (430 ILCS 65/3.1)  (from Ch. 38, par. 83-3.1)
13    Sec. 3.1. Dial up system.
14    (a) The Illinois Department of State Police shall provide
15a dial up telephone system or utilize other existing
16technology which shall be used by any federally licensed
17firearm dealer, gun show promoter, or gun show vendor who is to
18transfer a firearm, stun gun, or taser under the provisions of
19this Act. The Illinois Department of State Police may utilize
20existing technology which allows the caller to be charged a
21fee not to exceed $2. Fees collected by the Illinois
22Department of State Police shall be deposited in the State
23Police Services Fund and used to provide the service.
24    (b) Upon receiving a request from a federally licensed
25firearm dealer, gun show promoter, or gun show vendor, the

 

 

HB3655- 1340 -LRB102 16922 WGH 22334 b

1Illinois Department of State Police shall immediately approve,
2or within the time period established by Section 24-3 of the
3Criminal Code of 2012 regarding the delivery of firearms, stun
4guns, and tasers notify the inquiring dealer, gun show
5promoter, or gun show vendor of any objection that would
6disqualify the transferee from acquiring or possessing a
7firearm, stun gun, or taser. In conducting the inquiry, the
8Illinois Department of State Police shall initiate and
9complete an automated search of its criminal history record
10information files and those of the Federal Bureau of
11Investigation, including the National Instant Criminal
12Background Check System, and of the files of the Department of
13Human Services relating to mental health and developmental
14disabilities to obtain any felony conviction or patient
15hospitalization information which would disqualify a person
16from obtaining or require revocation of a currently valid
17Firearm Owner's Identification Card.
18    (c) If receipt of a firearm would not violate Section 24-3
19of the Criminal Code of 2012, federal law, or this Act the
20Illinois Department of State Police shall:
21        (1) assign a unique identification number to the
22    transfer; and
23        (2) provide the licensee, gun show promoter, or gun
24    show vendor with the number.
25    (d) Approvals issued by the Illinois Department of State
26Police for the purchase of a firearm are valid for 30 days from

 

 

HB3655- 1341 -LRB102 16922 WGH 22334 b

1the date of issue.
2    (e) (1) The Illinois Department of State Police must act
3as the Illinois Point of Contact for the National Instant
4Criminal Background Check System.
5    (2) The Illinois Department of State Police and the
6Department of Human Services shall, in accordance with State
7and federal law regarding confidentiality, enter into a
8memorandum of understanding with the Federal Bureau of
9Investigation for the purpose of implementing the National
10Instant Criminal Background Check System in the State. The
11Illinois Department of State Police shall report the name,
12date of birth, and physical description of any person
13prohibited from possessing a firearm pursuant to the Firearm
14Owners Identification Card Act or 18 U.S.C. 922(g) and (n) to
15the National Instant Criminal Background Check System Index,
16Denied Persons Files.
17    (3) The Illinois Department of State Police shall provide
18notice of the disqualification of a person under subsection
19(b) of this Section or the revocation of a person's Firearm
20Owner's Identification Card under Section 8 or Section 8.2 of
21this Act, and the reason for the disqualification or
22revocation, to all law enforcement agencies with jurisdiction
23to assist with the seizure of the person's Firearm Owner's
24Identification Card.
25    (f) The Illinois Department of State Police shall adopt
26rules not inconsistent with this Section to implement this

 

 

HB3655- 1342 -LRB102 16922 WGH 22334 b

1system.
2(Source: P.A. 98-63, eff. 7-9-13; 99-787, eff. 1-1-17.)
 
3    (430 ILCS 65/3.3)
4    Sec. 3.3. Report to the local law enforcement agency. The
5Illinois Department of State Police must report the name and
6address of a person to the local law enforcement agency where
7the person resides if the person attempting to purchase a
8firearm is disqualified from purchasing a firearm because of
9information obtained under subsection (a-10) of Section 3 or
10Section 3.1 that would disqualify the person from obtaining a
11Firearm Owner's Identification Card under any of subsections
12(c) through (n) of Section 8 of this Act.
13(Source: P.A. 98-508, eff. 8-19-13.)
 
14    (430 ILCS 65/4)  (from Ch. 38, par. 83-4)
15    Sec. 4. Application for Firearm Owner's Identification
16Cards.
17    (a) Each applicant for a Firearm Owner's Identification
18Card must:
19        (1) Make application on blank forms prepared and
20    furnished at convenient locations throughout the State by
21    the Illinois Department of State Police, or by electronic
22    means, if and when made available by the Illinois
23    Department of State Police; and
24        (2) Submit evidence to the Illinois Department of

 

 

HB3655- 1343 -LRB102 16922 WGH 22334 b

1    State Police that:
2            (i) This subparagraph (i) applies through the
3        180th day following the effective date of this
4        amendatory Act of the 101st General Assembly. He or
5        she is 21 years of age or over, or if he or she is
6        under 21 years of age that he or she has the written
7        consent of his or her parent or legal guardian to
8        possess and acquire firearms and firearm ammunition
9        and that he or she has never been convicted of a
10        misdemeanor other than a traffic offense or adjudged
11        delinquent, provided, however, that such parent or
12        legal guardian is not an individual prohibited from
13        having a Firearm Owner's Identification Card and files
14        an affidavit with the Department as prescribed by the
15        Department stating that he or she is not an individual
16        prohibited from having a Card;
17            (i-5) This subparagraph (i-5) applies on and after
18        the 181st day following the effective date of this
19        amendatory Act of the 101st General Assembly. He or
20        she is 21 years of age or over, or if he or she is
21        under 21 years of age that he or she has never been
22        convicted of a misdemeanor other than a traffic
23        offense or adjudged delinquent and is an active duty
24        member of the United States Armed Forces or has the
25        written consent of his or her parent or legal guardian
26        to possess and acquire firearms and firearm

 

 

HB3655- 1344 -LRB102 16922 WGH 22334 b

1        ammunition, provided, however, that such parent or
2        legal guardian is not an individual prohibited from
3        having a Firearm Owner's Identification Card and files
4        an affidavit with the Department as prescribed by the
5        Department stating that he or she is not an individual
6        prohibited from having a Card or the active duty
7        member of the United States Armed Forces under 21
8        years of age annually submits proof to the Illinois
9        Department of State Police, in a manner prescribed by
10        the Department;
11            (ii) He or she has not been convicted of a felony
12        under the laws of this or any other jurisdiction;
13            (iii) He or she is not addicted to narcotics;
14            (iv) He or she has not been a patient in a mental
15        health facility within the past 5 years or, if he or
16        she has been a patient in a mental health facility more
17        than 5 years ago submit the certification required
18        under subsection (u) of Section 8 of this Act;
19            (v) He or she is not a person with an intellectual
20        disability;
21            (vi) He or she is not an alien who is unlawfully
22        present in the United States under the laws of the
23        United States;
24            (vii) He or she is not subject to an existing order
25        of protection prohibiting him or her from possessing a
26        firearm;

 

 

HB3655- 1345 -LRB102 16922 WGH 22334 b

1            (viii) He or she has not been convicted within the
2        past 5 years of battery, assault, aggravated assault,
3        violation of an order of protection, or a
4        substantially similar offense in another jurisdiction,
5        in which a firearm was used or possessed;
6            (ix) He or she has not been convicted of domestic
7        battery, aggravated domestic battery, or a
8        substantially similar offense in another jurisdiction
9        committed before, on or after January 1, 2012 (the
10        effective date of Public Act 97-158). If the applicant
11        knowingly and intelligently waives the right to have
12        an offense described in this clause (ix) tried by a
13        jury, and by guilty plea or otherwise, results in a
14        conviction for an offense in which a domestic
15        relationship is not a required element of the offense
16        but in which a determination of the applicability of
17        18 U.S.C. 922(g)(9) is made under Section 112A-11.1 of
18        the Code of Criminal Procedure of 1963, an entry by the
19        court of a judgment of conviction for that offense
20        shall be grounds for denying the issuance of a Firearm
21        Owner's Identification Card under this Section;
22            (x) (Blank);
23            (xi) He or she is not an alien who has been
24        admitted to the United States under a non-immigrant
25        visa (as that term is defined in Section 101(a)(26) of
26        the Immigration and Nationality Act (8 U.S.C.

 

 

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1        1101(a)(26))), or that he or she is an alien who has
2        been lawfully admitted to the United States under a
3        non-immigrant visa if that alien is:
4                (1) admitted to the United States for lawful
5            hunting or sporting purposes;
6                (2) an official representative of a foreign
7            government who is:
8                    (A) accredited to the United States
9                Government or the Government's mission to an
10                international organization having its
11                headquarters in the United States; or
12                    (B) en route to or from another country to
13                which that alien is accredited;
14                (3) an official of a foreign government or
15            distinguished foreign visitor who has been so
16            designated by the Department of State;
17                (4) a foreign law enforcement officer of a
18            friendly foreign government entering the United
19            States on official business; or
20                (5) one who has received a waiver from the
21            Attorney General of the United States pursuant to
22            18 U.S.C. 922(y)(3);
23            (xii) He or she is not a minor subject to a
24        petition filed under Section 5-520 of the Juvenile
25        Court Act of 1987 alleging that the minor is a
26        delinquent minor for the commission of an offense that

 

 

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1        if committed by an adult would be a felony;
2            (xiii) He or she is not an adult who had been
3        adjudicated a delinquent minor under the Juvenile
4        Court Act of 1987 for the commission of an offense that
5        if committed by an adult would be a felony;
6            (xiv) He or she is a resident of the State of
7        Illinois;
8            (xv) He or she has not been adjudicated as a person
9        with a mental disability;
10            (xvi) He or she has not been involuntarily
11        admitted into a mental health facility; and
12            (xvii) He or she is not a person with a
13        developmental disability; and
14        (3) Upon request by the Illinois Department of State
15    Police, sign a release on a form prescribed by the
16    Illinois Department of State Police waiving any right to
17    confidentiality and requesting the disclosure to the
18    Illinois Department of State Police of limited mental
19    health institution admission information from another
20    state, the District of Columbia, any other territory of
21    the United States, or a foreign nation concerning the
22    applicant for the sole purpose of determining whether the
23    applicant is or was a patient in a mental health
24    institution and disqualified because of that status from
25    receiving a Firearm Owner's Identification Card. No mental
26    health care or treatment records may be requested. The

 

 

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1    information received shall be destroyed within one year of
2    receipt.
3    (a-5) Each applicant for a Firearm Owner's Identification
4Card who is over the age of 18 shall furnish to the Illinois
5Department of State Police either his or her Illinois driver's
6license number or Illinois Identification Card number, except
7as provided in subsection (a-10).
8    (a-10) Each applicant for a Firearm Owner's Identification
9Card, who is employed as a law enforcement officer, an armed
10security officer in Illinois, or by the United States Military
11permanently assigned in Illinois and who is not an Illinois
12resident, shall furnish to the Illinois Department of State
13Police his or her driver's license number or state
14identification card number from his or her state of residence.
15The Illinois Department of State Police may adopt rules to
16enforce the provisions of this subsection (a-10).
17    (a-15) If an applicant applying for a Firearm Owner's
18Identification Card moves from the residence address named in
19the application, he or she shall immediately notify in a form
20and manner prescribed by the Illinois Department of State
21Police of that change of address.
22    (a-20) Each applicant for a Firearm Owner's Identification
23Card shall furnish to the Illinois Department of State Police
24his or her photograph. An applicant who is 21 years of age or
25older seeking a religious exemption to the photograph
26requirement must furnish with the application an approved copy

 

 

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1of United States Department of the Treasury Internal Revenue
2Service Form 4029. In lieu of a photograph, an applicant
3regardless of age seeking a religious exemption to the
4photograph requirement shall submit fingerprints on a form and
5manner prescribed by the Department with his or her
6application.
7    (b) Each application form shall include the following
8statement printed in bold type: "Warning: Entering false
9information on an application for a Firearm Owner's
10Identification Card is punishable as a Class 2 felony in
11accordance with subsection (d-5) of Section 14 of the Firearm
12Owners Identification Card Act.".
13    (c) Upon such written consent, pursuant to Section 4,
14paragraph (a)(2)(i), the parent or legal guardian giving the
15consent shall be liable for any damages resulting from the
16applicant's use of firearms or firearm ammunition.
17(Source: P.A. 101-80, eff. 7-12-19.)
 
18    (430 ILCS 65/5)  (from Ch. 38, par. 83-5)
19    Sec. 5. Application and renewal.
20    (a) The Illinois Department of State Police shall either
21approve or deny all applications within 30 days from the date
22they are received, except as provided in subsection (b) of
23this Section, and every applicant found qualified under
24Section 8 of this Act by the Department shall be entitled to a
25Firearm Owner's Identification Card upon the payment of a $10

 

 

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1fee. Any applicant who is an active duty member of the Armed
2Forces of the United States, a member of the Illinois National
3Guard, or a member of the Reserve Forces of the United States
4is exempt from the application fee. $6 of each fee derived from
5the issuance of Firearm Owner's Identification Cards, or
6renewals thereof, shall be deposited in the Wildlife and Fish
7Fund in the State Treasury; $1 of the fee shall be deposited in
8the State Police Services Fund and $3 of the fee shall be
9deposited in the State Police Firearm Services Fund.
10    (b) Renewal applications shall be approved or denied
11within 60 business days, provided the applicant submitted his
12or her renewal application prior to the expiration of his or
13her Firearm Owner's Identification Card. If a renewal
14application has been submitted prior to the expiration date of
15the applicant's Firearm Owner's Identification Card, the
16Firearm Owner's Identification Card shall remain valid while
17the Department processes the application, unless the person is
18subject to or becomes subject to revocation under this Act.
19The cost for a renewal application shall be $10 which shall be
20deposited into the State Police Firearm Services Fund.
21(Source: P.A. 100-906, eff. 1-1-19.)
 
22    (430 ILCS 65/5.1)
23    Sec. 5.1. State Police Firearm Services Fund. All moneys
24remaining in the Firearm Owner's Notification Fund on the
25effective date of this amendatory Act of the 98th General

 

 

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1Assembly shall be transferred into the State Police Firearm
2Services Fund, a special fund created in the State treasury,
3to be expended by the Illinois Department of State Police, for
4the purposes specified in this Act and Section 2605-595 of the
5Illinois Department of State Police Law of the Civil
6Administrative Code of Illinois.
7(Source: P.A. 98-63, eff. 7-9-13.)
 
8    (430 ILCS 65/6)  (from Ch. 38, par. 83-6)
9    Sec. 6. Contents of Firearm Owner's Identification Card.
10    (a) A Firearm Owner's Identification Card, issued by the
11Illinois Department of State Police at such places as the
12Director of the Illinois State Police Department shall
13specify, shall contain the applicant's name, residence, date
14of birth, sex, physical description, recent photograph, except
15as provided in subsection (c-5), and signature. Each Firearm
16Owner's Identification Card must have the expiration date
17boldly and conspicuously displayed on the face of the card.
18Each Firearm Owner's Identification Card must have printed on
19it the following: "CAUTION - This card does not permit bearer
20to UNLAWFULLY carry or use firearms." Before December 1, 2002,
21the Department may use a person's digital photograph and
22signature from his or her Illinois driver's license or
23Illinois Identification Card, if available. On and after
24December 1, 2002, the Department shall use a person's digital
25photograph and signature from his or her Illinois driver's

 

 

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1license or Illinois Identification Card, if available. The
2Department shall decline to use a person's digital photograph
3or signature if the digital photograph or signature is the
4result of or associated with fraudulent or erroneous data,
5unless otherwise provided by law.
6    (b) A person applying for a Firearm Owner's Identification
7Card shall consent to the Illinois Department of State Police
8using the applicant's digital driver's license or Illinois
9Identification Card photograph, if available, and signature on
10the applicant's Firearm Owner's Identification Card. The
11Secretary of State shall allow the Illinois Department of
12State Police access to the photograph and signature for the
13purpose of identifying the applicant and issuing to the
14applicant a Firearm Owner's Identification Card.
15    (c) The Secretary of State shall conduct a study to
16determine the cost and feasibility of creating a method of
17adding an identifiable code, background, or other means on the
18driver's license or Illinois Identification Card to show that
19an individual is not disqualified from owning or possessing a
20firearm under State or federal law. The Secretary shall report
21the findings of this study 12 months after the effective date
22of this amendatory Act of the 92nd General Assembly.
23    (c-5) If a person qualifies for a photograph exemption, in
24lieu of a photograph, the Firearm Owner's Identification Card
25shall contain a copy of the card holder's fingerprints. Each
26Firearm Owner's Identification Card described in this

 

 

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1subsection (c-5) must have printed on it the following: "This
2card is only valid for firearm purchases through a federally
3licensed firearms dealer when presented with photographic
4identification, as prescribed by 18 U.S.C. 922(t)(1)(C)."
5(Source: P.A. 97-1131, eff. 1-1-13.)
 
6    (430 ILCS 65/8)  (from Ch. 38, par. 83-8)
7    Sec. 8. Grounds for denial and revocation. The Illinois
8Department of State Police has authority to deny an
9application for or to revoke and seize a Firearm Owner's
10Identification Card previously issued under this Act only if
11the Department finds that the applicant or the person to whom
12such card was issued is or was at the time of issuance:
13        (a) A person under 21 years of age who has been
14    convicted of a misdemeanor other than a traffic offense or
15    adjudged delinquent;
16        (b) This subsection (b) applies through the 180th day
17    following the effective date of this amendatory Act of the
18    101st General Assembly. A person under 21 years of age who
19    does not have the written consent of his parent or
20    guardian to acquire and possess firearms and firearm
21    ammunition, or whose parent or guardian has revoked such
22    written consent, or where such parent or guardian does not
23    qualify to have a Firearm Owner's Identification Card;
24        (b-5) This subsection (b-5) applies on and after the
25    181st day following the effective date of this amendatory

 

 

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1    Act of the 101st General Assembly. A person under 21 years
2    of age who is not an active duty member of the United
3    States Armed Forces and does not have the written consent
4    of his or her parent or guardian to acquire and possess
5    firearms and firearm ammunition, or whose parent or
6    guardian has revoked such written consent, or where such
7    parent or guardian does not qualify to have a Firearm
8    Owner's Identification Card;
9        (c) A person convicted of a felony under the laws of
10    this or any other jurisdiction;
11        (d) A person addicted to narcotics;
12        (e) A person who has been a patient of a mental health
13    facility within the past 5 years or a person who has been a
14    patient in a mental health facility more than 5 years ago
15    who has not received the certification required under
16    subsection (u) of this Section. An active law enforcement
17    officer employed by a unit of government who is denied,
18    revoked, or has his or her Firearm Owner's Identification
19    Card seized under this subsection (e) may obtain relief as
20    described in subsection (c-5) of Section 10 of this Act if
21    the officer did not act in a manner threatening to the
22    officer, another person, or the public as determined by
23    the treating clinical psychologist or physician, and the
24    officer seeks mental health treatment;
25        (f) A person whose mental condition is of such a
26    nature that it poses a clear and present danger to the

 

 

HB3655- 1355 -LRB102 16922 WGH 22334 b

1    applicant, any other person or persons or the community;
2        (g) A person who has an intellectual disability;
3        (h) A person who intentionally makes a false statement
4    in the Firearm Owner's Identification Card application;
5        (i) An alien who is unlawfully present in the United
6    States under the laws of the United States;
7        (i-5) An alien who has been admitted to the United
8    States under a non-immigrant visa (as that term is defined
9    in Section 101(a)(26) of the Immigration and Nationality
10    Act (8 U.S.C. 1101(a)(26))), except that this subsection
11    (i-5) does not apply to any alien who has been lawfully
12    admitted to the United States under a non-immigrant visa
13    if that alien is:
14            (1) admitted to the United States for lawful
15        hunting or sporting purposes;
16            (2) an official representative of a foreign
17        government who is:
18                (A) accredited to the United States Government
19            or the Government's mission to an international
20            organization having its headquarters in the United
21            States; or
22                (B) en route to or from another country to
23            which that alien is accredited;
24            (3) an official of a foreign government or
25        distinguished foreign visitor who has been so
26        designated by the Department of State;

 

 

HB3655- 1356 -LRB102 16922 WGH 22334 b

1            (4) a foreign law enforcement officer of a
2        friendly foreign government entering the United States
3        on official business; or
4            (5) one who has received a waiver from the
5        Attorney General of the United States pursuant to 18
6        U.S.C. 922(y)(3);
7        (j) (Blank);
8        (k) A person who has been convicted within the past 5
9    years of battery, assault, aggravated assault, violation
10    of an order of protection, or a substantially similar
11    offense in another jurisdiction, in which a firearm was
12    used or possessed;
13        (l) A person who has been convicted of domestic
14    battery, aggravated domestic battery, or a substantially
15    similar offense in another jurisdiction committed before,
16    on or after January 1, 2012 (the effective date of Public
17    Act 97-158). If the applicant or person who has been
18    previously issued a Firearm Owner's Identification Card
19    under this Act knowingly and intelligently waives the
20    right to have an offense described in this paragraph (l)
21    tried by a jury, and by guilty plea or otherwise, results
22    in a conviction for an offense in which a domestic
23    relationship is not a required element of the offense but
24    in which a determination of the applicability of 18 U.S.C.
25    922(g)(9) is made under Section 112A-11.1 of the Code of
26    Criminal Procedure of 1963, an entry by the court of a

 

 

HB3655- 1357 -LRB102 16922 WGH 22334 b

1    judgment of conviction for that offense shall be grounds
2    for denying an application for and for revoking and
3    seizing a Firearm Owner's Identification Card previously
4    issued to the person under this Act;
5        (m) (Blank);
6        (n) A person who is prohibited from acquiring or
7    possessing firearms or firearm ammunition by any Illinois
8    State statute or by federal law;
9        (o) A minor subject to a petition filed under Section
10    5-520 of the Juvenile Court Act of 1987 alleging that the
11    minor is a delinquent minor for the commission of an
12    offense that if committed by an adult would be a felony;
13        (p) An adult who had been adjudicated a delinquent
14    minor under the Juvenile Court Act of 1987 for the
15    commission of an offense that if committed by an adult
16    would be a felony;
17        (q) A person who is not a resident of the State of
18    Illinois, except as provided in subsection (a-10) of
19    Section 4;
20        (r) A person who has been adjudicated as a person with
21    a mental disability;
22        (s) A person who has been found to have a
23    developmental disability;
24        (t) A person involuntarily admitted into a mental
25    health facility; or
26        (u) A person who has had his or her Firearm Owner's

 

 

HB3655- 1358 -LRB102 16922 WGH 22334 b

1    Identification Card revoked or denied under subsection (e)
2    of this Section or item (iv) of paragraph (2) of
3    subsection (a) of Section 4 of this Act because he or she
4    was a patient in a mental health facility as provided in
5    subsection (e) of this Section, shall not be permitted to
6    obtain a Firearm Owner's Identification Card, after the
7    5-year period has lapsed, unless he or she has received a
8    mental health evaluation by a physician, clinical
9    psychologist, or qualified examiner as those terms are
10    defined in the Mental Health and Developmental
11    Disabilities Code, and has received a certification that
12    he or she is not a clear and present danger to himself,
13    herself, or others. The physician, clinical psychologist,
14    or qualified examiner making the certification and his or
15    her employer shall not be held criminally, civilly, or
16    professionally liable for making or not making the
17    certification required under this subsection, except for
18    willful or wanton misconduct. This subsection does not
19    apply to a person whose firearm possession rights have
20    been restored through administrative or judicial action
21    under Section 10 or 11 of this Act.
22    Upon revocation of a person's Firearm Owner's
23Identification Card, the Illinois Department of State Police
24shall provide notice to the person and the person shall comply
25with Section 9.5 of this Act.
26(Source: P.A. 101-80, eff. 7-12-19.)
 

 

 

HB3655- 1359 -LRB102 16922 WGH 22334 b

1    (430 ILCS 65/8.1)  (from Ch. 38, par. 83-8.1)
2    Sec. 8.1. Notifications to the Illinois Department of
3State Police.
4    (a) The Circuit Clerk shall, in the form and manner
5required by the Supreme Court, notify the Illinois Department
6of State Police of all final dispositions of cases for which
7the Department has received information reported to it under
8Sections 2.1 and 2.2 of the Criminal Identification Act.
9    (b) Upon adjudication of any individual as a person with a
10mental disability as defined in Section 1.1 of this Act or a
11finding that a person has been involuntarily admitted, the
12court shall direct the circuit court clerk to immediately
13notify the Illinois Department of State Police, Firearm
14Owner's Identification (FOID) department, and shall forward a
15copy of the court order to the Department.
16    (b-1) Beginning July 1, 2016, and each July 1 and December
1730 of every year thereafter, the circuit court clerk shall, in
18the form and manner prescribed by the Illinois Department of
19State Police, notify the Illinois Department of State Police,
20Firearm Owner's Identification (FOID) department if the court
21has not directed the circuit court clerk to notify the
22Illinois Department of State Police, Firearm Owner's
23Identification (FOID) department under subsection (b) of this
24Section, within the preceding 6 months, because no person has
25been adjudicated as a person with a mental disability by the

 

 

HB3655- 1360 -LRB102 16922 WGH 22334 b

1court as defined in Section 1.1 of this Act or if no person has
2been involuntarily admitted. The Supreme Court may adopt any
3orders or rules necessary to identify the persons who shall be
4reported to the Illinois Department of State Police under
5subsection (b), or any other orders or rules necessary to
6implement the requirements of this Act.
7    (c) The Department of Human Services shall, in the form
8and manner prescribed by the Illinois Department of State
9Police, report all information collected under subsection (b)
10of Section 12 of the Mental Health and Developmental
11Disabilities Confidentiality Act for the purpose of
12determining whether a person who may be or may have been a
13patient in a mental health facility is disqualified under
14State or federal law from receiving or retaining a Firearm
15Owner's Identification Card, or purchasing a weapon.
16    (d) If a person is determined to pose a clear and present
17danger to himself, herself, or to others:
18        (1) by a physician, clinical psychologist, or
19    qualified examiner, or is determined to have a
20    developmental disability by a physician, clinical
21    psychologist, or qualified examiner, whether employed by
22    the State or privately, then the physician, clinical
23    psychologist, or qualified examiner shall, within 24 hours
24    of making the determination, notify the Department of
25    Human Services that the person poses a clear and present
26    danger or has a developmental disability; or

 

 

HB3655- 1361 -LRB102 16922 WGH 22334 b

1        (2) by a law enforcement official or school
2    administrator, then the law enforcement official or school
3    administrator shall, within 24 hours of making the
4    determination, notify the Illinois Department of State
5    Police that the person poses a clear and present danger.
6    The Department of Human Services shall immediately update
7its records and information relating to mental health and
8developmental disabilities, and if appropriate, shall notify
9the Illinois Department of State Police in a form and manner
10prescribed by the Illinois Department of State Police. The
11Illinois Department of State Police shall determine whether to
12revoke the person's Firearm Owner's Identification Card under
13Section 8 of this Act. Any information disclosed under this
14subsection shall remain privileged and confidential, and shall
15not be redisclosed, except as required under subsection (e) of
16Section 3.1 of this Act, nor used for any other purpose. The
17method of providing this information shall guarantee that the
18information is not released beyond what is necessary for the
19purpose of this Section and shall be provided by rule by the
20Department of Human Services. The identity of the person
21reporting under this Section shall not be disclosed to the
22subject of the report. The physician, clinical psychologist,
23qualified examiner, law enforcement official, or school
24administrator making the determination and his or her employer
25shall not be held criminally, civilly, or professionally
26liable for making or not making the notification required

 

 

HB3655- 1362 -LRB102 16922 WGH 22334 b

1under this subsection, except for willful or wanton
2misconduct.
3    (e) The Illinois Department of State Police shall adopt
4rules to implement this Section.
5(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13;
699-143, eff. 7-27-15; 99-696, eff. 7-29-16.)
 
7    (430 ILCS 65/8.2)
8    Sec. 8.2. Firearm Owner's Identification Card denial or
9revocation. The Illinois Department of State Police shall deny
10an application or shall revoke and seize a Firearm Owner's
11Identification Card previously issued under this Act if the
12Department finds that the applicant or person to whom such
13card was issued is or was at the time of issuance subject to an
14existing order of protection or firearms restraining order.
15(Source: P.A. 100-607, eff. 1-1-19.)
 
16    (430 ILCS 65/8.3)
17    Sec. 8.3. Suspension of Firearm Owner's Identification
18Card. The Illinois Department of State Police may, by rule in a
19manner consistent with the Department's rules concerning
20revocation, provide for the suspension of the Firearm Owner's
21Identification Card of a person whose Firearm Owner's
22Identification Card is subject to revocation and seizure under
23this Act for the duration of the disqualification if the
24disqualification is not a permanent grounds for revocation of

 

 

HB3655- 1363 -LRB102 16922 WGH 22334 b

1a Firearm Owner's Identification Card under this Act.
2(Source: P.A. 100-607, eff. 1-1-19; 100-906, eff. 1-1-19.)
 
3    (430 ILCS 65/9.5)
4    Sec. 9.5. Revocation of Firearm Owner's Identification
5Card.
6    (a) A person who receives a revocation notice under
7Section 9 of this Act shall, within 48 hours of receiving
8notice of the revocation:
9        (1) surrender his or her Firearm Owner's
10    Identification Card to the local law enforcement agency
11    where the person resides. The local law enforcement agency
12    shall provide the person a receipt and transmit the
13    Firearm Owner's Identification Card to the Illinois
14    Department of State Police; and
15        (2) complete a Firearm Disposition Record on a form
16    prescribed by the Illinois Department of State Police and
17    place his or her firearms in the location or with the
18    person reported in the Firearm Disposition Record. The
19    form shall require the person to disclose:
20            (A) the make, model, and serial number of each
21        firearm owned by or under the custody and control of
22        the revoked person;
23            (B) the location where each firearm will be
24        maintained during the prohibited term; and
25            (C) if any firearm will be transferred to the

 

 

HB3655- 1364 -LRB102 16922 WGH 22334 b

1        custody of another person, the name, address and
2        Firearm Owner's Identification Card number of the
3        transferee.
4    (b) The local law enforcement agency shall provide a copy
5of the Firearm Disposition Record to the person whose Firearm
6Owner's Identification Card has been revoked and to the
7Illinois Department of State Police.
8    (c) If the person whose Firearm Owner's Identification
9Card has been revoked fails to comply with the requirements of
10this Section, the sheriff or law enforcement agency where the
11person resides may petition the circuit court to issue a
12warrant to search for and seize the Firearm Owner's
13Identification Card and firearms in the possession or under
14the custody or control of the person whose Firearm Owner's
15Identification Card has been revoked.
16    (d) A violation of subsection (a) of this Section is a
17Class A misdemeanor.
18    (e) The observation of a Firearm Owner's Identification
19Card in the possession of a person whose Firearm Owner's
20Identification Card has been revoked constitutes a sufficient
21basis for the arrest of that person for violation of this
22Section.
23    (f) Within 30 days after the effective date of this
24amendatory Act of the 98th General Assembly, the Illinois
25Department of State Police shall provide written notice of the
26requirements of this Section to persons whose Firearm Owner's

 

 

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1Identification Cards have been revoked, suspended, or expired
2and who have failed to surrender their cards to the
3Department.
4    (g) A person whose Firearm Owner's Identification Card has
5been revoked and who received notice under subsection (f)
6shall comply with the requirements of this Section within 48
7hours of receiving notice.
8(Source: P.A. 98-63, eff. 7-9-13.)
 
9    (430 ILCS 65/10)  (from Ch. 38, par. 83-10)
10    Sec. 10. Appeal to director; hearing; relief from firearm
11prohibitions.
12    (a) Whenever an application for a Firearm Owner's
13Identification Card is denied, whenever the Department fails
14to act on an application within 30 days of its receipt, or
15whenever such a Card is revoked or seized as provided for in
16Section 8 of this Act, the aggrieved party may appeal to the
17Director of the Illinois State Police for a hearing upon such
18denial, revocation or seizure, unless the denial, revocation,
19or seizure was based upon a forcible felony, stalking,
20aggravated stalking, domestic battery, any violation of the
21Illinois Controlled Substances Act, the Methamphetamine
22Control and Community Protection Act, or the Cannabis Control
23Act that is classified as a Class 2 or greater felony, any
24felony violation of Article 24 of the Criminal Code of 1961 or
25the Criminal Code of 2012, or any adjudication as a delinquent

 

 

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1minor for the commission of an offense that if committed by an
2adult would be a felony, in which case the aggrieved party may
3petition the circuit court in writing in the county of his or
4her residence for a hearing upon such denial, revocation, or
5seizure.
6    (b) At least 30 days before any hearing in the circuit
7court, the petitioner shall serve the relevant State's
8Attorney with a copy of the petition. The State's Attorney may
9object to the petition and present evidence. At the hearing
10the court shall determine whether substantial justice has been
11done. Should the court determine that substantial justice has
12not been done, the court shall issue an order directing the
13Illinois Department of State Police to issue a Card. However,
14the court shall not issue the order if the petitioner is
15otherwise prohibited from obtaining, possessing, or using a
16firearm under federal law.
17    (c) Any person prohibited from possessing a firearm under
18Sections 24-1.1 or 24-3.1 of the Criminal Code of 2012 or
19acquiring a Firearm Owner's Identification Card under Section
208 of this Act may apply to the Director of the Illinois State
21Police or petition the circuit court in the county where the
22petitioner resides, whichever is applicable in accordance with
23subsection (a) of this Section, requesting relief from such
24prohibition and the Director or court may grant such relief if
25it is established by the applicant to the court's or
26Director's satisfaction that:

 

 

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1        (0.05) when in the circuit court, the State's Attorney
2    has been served with a written copy of the petition at
3    least 30 days before any such hearing in the circuit court
4    and at the hearing the State's Attorney was afforded an
5    opportunity to present evidence and object to the
6    petition;
7        (1) the applicant has not been convicted of a forcible
8    felony under the laws of this State or any other
9    jurisdiction within 20 years of the applicant's
10    application for a Firearm Owner's Identification Card, or
11    at least 20 years have passed since the end of any period
12    of imprisonment imposed in relation to that conviction;
13        (2) the circumstances regarding a criminal conviction,
14    where applicable, the applicant's criminal history and his
15    reputation are such that the applicant will not be likely
16    to act in a manner dangerous to public safety;
17        (3) granting relief would not be contrary to the
18    public interest; and
19        (4) granting relief would not be contrary to federal
20    law.
21    (c-5) (1) An active law enforcement officer employed by a
22unit of government, who is denied, revoked, or has his or her
23Firearm Owner's Identification Card seized under subsection
24(e) of Section 8 of this Act may apply to the Director of the
25Illinois State Police requesting relief if the officer did not
26act in a manner threatening to the officer, another person, or

 

 

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1the public as determined by the treating clinical psychologist
2or physician, and as a result of his or her work is referred by
3the employer for or voluntarily seeks mental health evaluation
4or treatment by a licensed clinical psychologist,
5psychiatrist, or qualified examiner, and:
6        (A) the officer has not received treatment
7    involuntarily at a mental health facility, regardless of
8    the length of admission; or has not been voluntarily
9    admitted to a mental health facility for more than 30 days
10    and not for more than one incident within the past 5 years;
11    and
12        (B) the officer has not left the mental institution
13    against medical advice.
14    (2) The Director of the Illinois State Police shall grant
15expedited relief to active law enforcement officers described
16in paragraph (1) of this subsection (c-5) upon a determination
17by the Director that the officer's possession of a firearm
18does not present a threat to themselves, others, or public
19safety. The Director shall act on the request for relief
20within 30 business days of receipt of:
21        (A) a notarized statement from the officer in the form
22    prescribed by the Director detailing the circumstances
23    that led to the hospitalization;
24        (B) all documentation regarding the admission,
25    evaluation, treatment and discharge from the treating
26    licensed clinical psychologist or psychiatrist of the

 

 

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1    officer;
2        (C) a psychological fitness for duty evaluation of the
3    person completed after the time of discharge; and
4        (D) written confirmation in the form prescribed by the
5    Director from the treating licensed clinical psychologist
6    or psychiatrist that the provisions set forth in paragraph
7    (1) of this subsection (c-5) have been met, the person
8    successfully completed treatment, and their professional
9    opinion regarding the person's ability to possess
10    firearms.
11    (3) Officers eligible for the expedited relief in
12paragraph (2) of this subsection (c-5) have the burden of
13proof on eligibility and must provide all information
14required. The Director may not consider granting expedited
15relief until the proof and information is received.
16    (4) "Clinical psychologist", "psychiatrist", and
17"qualified examiner" shall have the same meaning as provided
18in Chapter I of the Mental Health and Developmental
19Disabilities Code.
20    (c-10) (1) An applicant, who is denied, revoked, or has
21his or her Firearm Owner's Identification Card seized under
22subsection (e) of Section 8 of this Act based upon a
23determination of a developmental disability or an intellectual
24disability may apply to the Director of the Illinois State
25Police requesting relief.
26    (2) The Director shall act on the request for relief

 

 

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1within 60 business days of receipt of written certification,
2in the form prescribed by the Director, from a physician or
3clinical psychologist, or qualified examiner, that the
4aggrieved party's developmental disability or intellectual
5disability condition is determined by a physician, clinical
6psychologist, or qualified to be mild. If a fact-finding
7conference is scheduled to obtain additional information
8concerning the circumstances of the denial or revocation, the
960 business days the Director has to act shall be tolled until
10the completion of the fact-finding conference.
11    (3) The Director may grant relief if the aggrieved party's
12developmental disability or intellectual disability is mild as
13determined by a physician, clinical psychologist, or qualified
14examiner and it is established by the applicant to the
15Director's satisfaction that:
16        (A) granting relief would not be contrary to the
17    public interest; and
18        (B) granting relief would not be contrary to federal
19    law.
20    (4) The Director may not grant relief if the condition is
21determined by a physician, clinical psychologist, or qualified
22examiner to be moderate, severe, or profound.
23    (5) The changes made to this Section by this amendatory
24Act of the 99th General Assembly apply to requests for relief
25pending on or before the effective date of this amendatory
26Act, except that the 60-day period for the Director to act on

 

 

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1requests pending before the effective date shall begin on the
2effective date of this amendatory Act.
3    (d) When a minor is adjudicated delinquent for an offense
4which if committed by an adult would be a felony, the court
5shall notify the Illinois Department of State Police.
6    (e) The court shall review the denial of an application or
7the revocation of a Firearm Owner's Identification Card of a
8person who has been adjudicated delinquent for an offense that
9if committed by an adult would be a felony if an application
10for relief has been filed at least 10 years after the
11adjudication of delinquency and the court determines that the
12applicant should be granted relief from disability to obtain a
13Firearm Owner's Identification Card. If the court grants
14relief, the court shall notify the Illinois Department of
15State Police that the disability has been removed and that the
16applicant is eligible to obtain a Firearm Owner's
17Identification Card.
18    (f) Any person who is subject to the disabilities of 18
19U.S.C. 922(d)(4) and 922(g)(4) of the federal Gun Control Act
20of 1968 because of an adjudication or commitment that occurred
21under the laws of this State or who was determined to be
22subject to the provisions of subsections (e), (f), or (g) of
23Section 8 of this Act may apply to the Illinois Department of
24State Police requesting relief from that prohibition. The
25Director shall grant the relief if it is established by a
26preponderance of the evidence that the person will not be

 

 

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1likely to act in a manner dangerous to public safety and that
2granting relief would not be contrary to the public interest.
3In making this determination, the Director shall receive
4evidence concerning (i) the circumstances regarding the
5firearms disabilities from which relief is sought; (ii) the
6petitioner's mental health and criminal history records, if
7any; (iii) the petitioner's reputation, developed at a minimum
8through character witness statements, testimony, or other
9character evidence; and (iv) changes in the petitioner's
10condition or circumstances since the disqualifying events
11relevant to the relief sought. If relief is granted under this
12subsection or by order of a court under this Section, the
13Director shall as soon as practicable but in no case later than
1415 business days, update, correct, modify, or remove the
15person's record in any database that the Illinois Department
16of State Police makes available to the National Instant
17Criminal Background Check System and notify the United States
18Attorney General that the basis for the record being made
19available no longer applies. The Illinois Department of State
20Police shall adopt rules for the administration of this
21Section.
22(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-78,
23eff. 7-20-15.)
 
24    (430 ILCS 65/11)  (from Ch. 38, par. 83-11)
25    Sec. 11. Judicial review of final administrative

 

 

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1decisions.
2    (a) All final administrative decisions of the Department
3under this Act, except final administrative decisions of the
4Director of the Illinois State Police to deny a person's
5application for relief under subsection (f) of Section 10 of
6this Act, shall be subject to judicial review under the
7provisions of the Administrative Review Law, and all
8amendments and modifications thereof, and the rules adopted
9pursuant thereto. The term "administrative decision" is
10defined as in Section 3-101 of the Code of Civil Procedure.
11    (b) Any final administrative decision by the Director of
12the Illinois State Police to deny a person's application for
13relief under subsection (f) of Section 10 of this Act is
14subject to de novo judicial review by the circuit court, and
15any party may offer evidence that is otherwise proper and
16admissible without regard to whether that evidence is part of
17the administrative record.
18    (c) The Director of the Illinois State Police shall submit
19a report to the General Assembly on March 1 of each year,
20beginning March 1, 1991, listing all final decisions by a
21court of this State upholding, reversing, or reversing in part
22any administrative decision made by the Illinois Department of
23State Police.
24(Source: P.A. 97-1131, eff. 1-1-13.)
 
25    (430 ILCS 65/13.1)  (from Ch. 38, par. 83-13.1)

 

 

HB3655- 1374 -LRB102 16922 WGH 22334 b

1    Sec. 13.1. Preemption.
2    (a) Except as otherwise provided in the Firearm Concealed
3Carry Act and subsections (b) and (c) of this Section, the
4provisions of any ordinance enacted by any municipality which
5requires registration or imposes greater restrictions or
6limitations on the acquisition, possession and transfer of
7firearms than are imposed by this Act, are not invalidated or
8affected by this Act.
9    (b) Notwithstanding subsection (a) of this Section, the
10regulation, licensing, possession, and registration of
11handguns and ammunition for a handgun, and the transportation
12of any firearm and ammunition by a holder of a valid Firearm
13Owner's Identification Card issued by the Illinois Department
14of State Police under this Act are exclusive powers and
15functions of this State. Any ordinance or regulation, or
16portion of that ordinance or regulation, enacted on or before
17the effective date of this amendatory Act of the 98th General
18Assembly that purports to impose regulations or restrictions
19on a holder of a valid Firearm Owner's Identification Card
20issued by the Illinois Department of State Police under this
21Act in a manner that is inconsistent with this Act, on the
22effective date of this amendatory Act of the 98th General
23Assembly, shall be invalid in its application to a holder of a
24valid Firearm Owner's Identification Card issued by the
25Illinois Department of State Police under this Act.
26    (c) Notwithstanding subsection (a) of this Section, the

 

 

HB3655- 1375 -LRB102 16922 WGH 22334 b

1regulation of the possession or ownership of assault weapons
2are exclusive powers and functions of this State. Any
3ordinance or regulation, or portion of that ordinance or
4regulation, that purports to regulate the possession or
5ownership of assault weapons in a manner that is inconsistent
6with this Act, shall be invalid unless the ordinance or
7regulation is enacted on, before, or within 10 days after the
8effective date of this amendatory Act of the 98th General
9Assembly. Any ordinance or regulation described in this
10subsection (c) enacted more than 10 days after the effective
11date of this amendatory Act of the 98th General Assembly is
12invalid. An ordinance enacted on, before, or within 10 days
13after the effective date of this amendatory Act of the 98th
14General Assembly may be amended. The enactment or amendment of
15ordinances under this subsection (c) are subject to the
16submission requirements of Section 13.3. For the purposes of
17this subsection, "assault weapons" means firearms designated
18by either make or model or by a test or list of cosmetic
19features that cumulatively would place the firearm into a
20definition of "assault weapon" under the ordinance.
21    (d) For the purposes of this Section, "handgun" has the
22meaning ascribed to it in Section 5 of the Firearm Concealed
23Carry Act.
24    (e) This Section is a denial and limitation of home rule
25powers and functions under subsection (h) of Section 6 of
26Article VII of the Illinois Constitution.

 

 

HB3655- 1376 -LRB102 16922 WGH 22334 b

1(Source: P.A. 98-63, eff. 7-9-13.)
 
2    (430 ILCS 65/13.2)  (from Ch. 38, par. 83-13.2)
3    Sec. 13.2. Renewal; name or address change; replacement
4card. The Illinois Department of State Police shall, 60 days
5prior to the expiration of a Firearm Owner's Identification
6Card, forward by first class mail to each person whose card is
7to expire a notification of the expiration of the card and
8instructions for renewal. It is the obligation of the holder
9of a Firearm Owner's Identification Card to notify the
10Illinois Department of State Police of any address change
11since the issuance of the Firearm Owner's Identification Card.
12Whenever any person moves from the residence address named on
13his or her card, the person shall within 21 calendar days
14thereafter notify in a form and manner prescribed by the
15Department of his or her old and new residence addresses and
16the card number held by him or her. Any person whose legal name
17has changed from the name on the card that he or she has been
18previously issued must apply for a corrected card within 30
19calendar days after the change. The cost for a corrected card
20shall be $5. The cost for replacement of a card which has been
21lost, destroyed, or stolen shall be $5 if the loss,
22destruction, or theft of the card is reported to the Illinois
23Department of State Police. The fees collected under this
24Section shall be deposited into the State Police Firearm
25Services Fund.

 

 

HB3655- 1377 -LRB102 16922 WGH 22334 b

1(Source: P.A. 100-906, eff. 1-1-19.)
 
2    (430 ILCS 65/13.3)
3    Sec. 13.3. Municipal ordinance submission. Within 6 months
4after the effective date of this amendatory Act of the 92nd
5General Assembly, every municipality must submit to the
6Illinois Department of State Police a copy of every ordinance
7adopted by the municipality that regulates the acquisition,
8possession, sale, or transfer of firearms within the
9municipality and must submit, 30 days after adoption, every
10such ordinance adopted after its initial submission of
11ordinances under this Section. The Illinois Department of
12State Police shall compile these ordinances and publish them
13in a form available to the public free of charge and shall
14periodically update this compilation of ordinances in a manner
15prescribed by the Director of the Illinois State Police.
16(Source: P.A. 92-238, eff. 8-3-01.)
 
17    (430 ILCS 65/15a)  (from Ch. 38, par. 83-15a)
18    Sec. 15a. When this amendatory Act enacted by the
19Seventy-Sixth General Assembly takes effect the records of the
20Department of Public Safety relating to the administration of
21the Act amended shall be transferred to the Illinois
22Department of State Police. All Firearm Owner's Identification
23Cards issued by the Department of Public Safety shall be valid
24for the period for which they were issued unless revoked or

 

 

HB3655- 1378 -LRB102 16922 WGH 22334 b

1seized in the manner provided in the Act amended. The Illinois
2Department of State Police as the successor to the Department
3of Public Safety shall have the rights, powers and duties
4provided in, and be subject to the provisions of Sections
55-95, 5-700, and 5-705 of the Departments of State Government
6Law (20 ILCS 5/5-95, 5/5-700, and 5/5-705).
7(Source: P.A. 91-239, eff. 1-1-00.)
 
8    (430 ILCS 65/15b)
9    Sec. 15b. Certified abstracts. Any certified abstract
10issued by the Director of the Illinois State Police or
11transmitted electronically by the Director of the Illinois
12State Police under this Section to a court or on request of a
13law enforcement agency for the record of a named person as to
14the status of the person's Firearm Owner's Identification Card
15is prima facie evidence of the facts stated in the certified
16abstract and if the name appearing in the abstract is the same
17as that of a person named in an information or warrant, the
18abstract is prima facie evidence that the person named in the
19information or warrant is the same person as the person named
20in the abstract and is admissible for any prosecution under
21this Act or any other applicable violation of law and may be
22admitted as proof of any prior conviction or proof of records,
23notices, or orders recorded on individual Firearm Owner's
24Identification Card records maintained by the Illinois
25Department of State Police.

 

 

HB3655- 1379 -LRB102 16922 WGH 22334 b

1(Source: P.A. 92-839, eff. 8-22-02.)
 
2    Section 870. The Firearm Concealed Carry Act is amended by
3changing Sections 5, 10, 15, 20, 25, 30, 35, 40, 45, 50, 55,
465, 70, 75, 80, 87, 95, and 105 as follows:
 
5    (430 ILCS 66/5)
6    Sec. 5. Definitions. As used in this Act:
7    "Applicant" means a person who is applying for a license
8to carry a concealed firearm under this Act.
9    "Board" means the Concealed Carry Licensing Review Board.
10    "Concealed firearm" means a loaded or unloaded handgun
11carried on or about a person completely or mostly concealed
12from view of the public or on or about a person within a
13vehicle.
14    "Department" means the Department of State Police.
15    "Director" means the Director of the Illinois State
16Police.
17    "Handgun" means any device which is designed to expel a
18projectile or projectiles by the action of an explosion,
19expansion of gas, or escape of gas that is designed to be held
20and fired by the use of a single hand. "Handgun" does not
21include:
22        (1) a stun gun or taser;
23        (2) a machine gun as defined in item (i) of paragraph
24    (7) of subsection (a) of Section 24-1 of the Criminal Code

 

 

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1    of 2012;
2        (3) a short-barreled rifle or shotgun as defined in
3    item (ii) of paragraph (7) of subsection (a) of Section
4    24-1 of the Criminal Code of 2012; or
5        (4) any pneumatic gun, spring gun, paint ball gun, or
6    B-B gun which expels a single globular projectile not
7    exceeding .18 inch in diameter, or which has a maximum
8    muzzle velocity of less than 700 feet per second, or which
9    expels breakable paint balls containing washable marking
10    colors.
11    "Law enforcement agency" means any federal, State, or
12local law enforcement agency, including offices of State's
13Attorneys and the Office of the Attorney General.
14    "License" means a license issued by the Illinois
15Department of State Police to carry a concealed handgun.
16    "Licensee" means a person issued a license to carry a
17concealed handgun.
18    "Municipality" has the meaning ascribed to it in Section 1
19of Article VII of the Illinois Constitution.
20    "Unit of local government" has the meaning ascribed to it
21in Section 1 of Article VII of the Illinois Constitution.
22(Source: P.A. 98-63, eff. 7-9-13.)
 
23    (430 ILCS 66/10)
24    Sec. 10. Issuance of licenses to carry a concealed
25firearm.

 

 

HB3655- 1381 -LRB102 16922 WGH 22334 b

1    (a) The Illinois State Police Department shall issue a
2license to carry a concealed firearm under this Act to an
3applicant who:
4        (1) meets the qualifications of Section 25 of this
5    Act;
6        (2) has provided the application and documentation
7    required in Section 30 of this Act;
8        (3) has submitted the requisite fees; and
9        (4) does not pose a danger to himself, herself, or
10    others, or a threat to public safety as determined by the
11    Concealed Carry Licensing Review Board in accordance with
12    Section 20.
13    (b) The Illinois State Police Department shall issue a
14renewal, corrected, or duplicate license as provided in this
15Act.
16    (c) A license shall be valid throughout the State for a
17period of 5 years from the date of issuance. A license shall
18permit the licensee to:
19        (1) carry a loaded or unloaded concealed firearm,
20    fully concealed or partially concealed, on or about his or
21    her person; and
22        (2) keep or carry a loaded or unloaded concealed
23    firearm on or about his or her person within a vehicle.
24    (d) The Illinois State Police Department shall make
25applications for a license available no later than 180 days
26after the effective date of this Act. The Illinois State

 

 

HB3655- 1382 -LRB102 16922 WGH 22334 b

1Police Department shall establish rules for the availability
2and submission of applications in accordance with this Act.
3    (e) An application for a license submitted to the Illinois
4State Police Department that contains all the information and
5materials required by this Act, including the requisite fee,
6shall be deemed completed. Except as otherwise provided in
7this Act, no later than 90 days after receipt of a completed
8application, the Illinois State Police Department shall issue
9or deny the applicant a license.
10    (f) The Illinois State Police Department shall deny the
11applicant a license if the applicant fails to meet the
12requirements under this Act or the Illinois State Police
13Department receives a determination from the Board that the
14applicant is ineligible for a license. The Illinois State
15Police Department must notify the applicant stating the
16grounds for the denial. The notice of denial must inform the
17applicant of his or her right to an appeal through
18administrative and judicial review.
19    (g) A licensee shall possess a license at all times the
20licensee carries a concealed firearm except:
21        (1) when the licensee is carrying or possessing a
22    concealed firearm on his or her land or in his or her
23    abode, legal dwelling, or fixed place of business, or on
24    the land or in the legal dwelling of another person as an
25    invitee with that person's permission;
26        (2) when the person is authorized to carry a firearm

 

 

HB3655- 1383 -LRB102 16922 WGH 22334 b

1    under Section 24-2 of the Criminal Code of 2012, except
2    subsection (a-5) of that Section; or
3        (3) when the handgun is broken down in a
4    non-functioning state, is not immediately accessible, or
5    is unloaded and enclosed in a case.
6    (h) If an officer of a law enforcement agency initiates an
7investigative stop, including but not limited to a traffic
8stop, of a licensee or a non-resident carrying a concealed
9firearm under subsection (e) of Section 40 of this Act, upon
10the request of the officer the licensee or non-resident shall
11disclose to the officer that he or she is in possession of a
12concealed firearm under this Act, or present the license upon
13the request of the officer if he or she is a licensee or
14present upon the request of the officer evidence under
15paragraph (2) of subsection (e) of Section 40 of this Act that
16he or she is a non-resident qualified to carry under that
17subsection. The disclosure requirement under this subsection
18(h) is satisfied if the licensee presents his or her license to
19the officer or the non-resident presents to the officer
20evidence under paragraph (2) of subsection (e) of Section 40
21of this Act that he or she is qualified to carry under that
22subsection. Upon the request of the officer, the licensee or
23non-resident shall also identify the location of the concealed
24firearm and permit the officer to safely secure the firearm
25for the duration of the investigative stop. During a traffic
26stop, any passenger within the vehicle who is a licensee or a

 

 

HB3655- 1384 -LRB102 16922 WGH 22334 b

1non-resident carrying under subsection (e) of Section 40 of
2this Act must comply with the requirements of this subsection
3(h).
4    (h-1) If a licensee carrying a firearm or a non-resident
5carrying a firearm in a vehicle under subsection (e) of
6Section 40 of this Act is contacted by a law enforcement
7officer or emergency services personnel, the law enforcement
8officer or emergency services personnel may secure the firearm
9or direct that it be secured during the duration of the contact
10if the law enforcement officer or emergency services personnel
11determines that it is necessary for the safety of any person
12present, including the law enforcement officer or emergency
13services personnel. The licensee or nonresident shall submit
14to the order to secure the firearm. When the law enforcement
15officer or emergency services personnel have determined that
16the licensee or non-resident is not a threat to the safety of
17any person present, including the law enforcement officer or
18emergency services personnel, and if the licensee or
19non-resident is physically and mentally capable of possessing
20the firearm, the law enforcement officer or emergency services
21personnel shall return the firearm to the licensee or
22non-resident before releasing him or her from the scene and
23breaking contact. If the licensee or non-resident is
24transported for treatment to another location, the firearm
25shall be turned over to any peace officer. The peace officer
26shall provide a receipt which includes the make, model,

 

 

HB3655- 1385 -LRB102 16922 WGH 22334 b

1caliber, and serial number of the firearm.
2    (i) The Illinois State Police Department shall maintain a
3database of license applicants and licensees. The database
4shall be available to all federal, State, and local law
5enforcement agencies, State's Attorneys, the Attorney General,
6and authorized court personnel. Within 180 days after the
7effective date of this Act, the database shall be searchable
8and provide all information included in the application,
9including the applicant's previous addresses within the 10
10years prior to the license application and any information
11related to violations of this Act. No law enforcement agency,
12State's Attorney, Attorney General, or member or staff of the
13judiciary shall provide any information to a requester who is
14not entitled to it by law.
15    (j) No later than 10 days after receipt of a completed
16application, the Illinois State Police Department shall enter
17the relevant information about the applicant into the database
18under subsection (i) of this Section which is accessible by
19law enforcement agencies.
20(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-29,
21eff. 7-10-15.)
 
22    (430 ILCS 66/15)
23    Sec. 15. Objections by law enforcement agencies.
24    (a) Any law enforcement agency may submit an objection to
25a license applicant based upon a reasonable suspicion that the

 

 

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1applicant is a danger to himself or herself or others, or a
2threat to public safety. The objection shall be made by the
3chief law enforcement officer of the law enforcement agency,
4or his or her designee, and must include any information
5relevant to the objection. If a law enforcement agency submits
6an objection within 30 days after the entry of an applicant
7into the database, the Illinois State Police Department shall
8submit the objection and all information available to the
9Board under State and federal law related to the application
10to the Board within 10 days of completing all necessary
11background checks.
12    (b) If an applicant has 5 or more arrests for any reason,
13that have been entered into the Criminal History Records
14Information (CHRI) System, within the 7 years preceding the
15date of application for a license, or has 3 or more arrests
16within the 7 years preceding the date of application for a
17license for any combination of gang-related offenses, the
18Illinois State Police Department shall object and submit the
19applicant's arrest record to the extent the Board is allowed
20to receive that information under State and federal law, the
21application materials, and any additional information
22submitted by a law enforcement agency to the Board. For
23purposes of this subsection, "gang-related offense" is an
24offense described in Section 12-6.4, Section 24-1.8, Section
2525-5, Section 33-4, or Section 33G-4, or in paragraph (1) of
26subsection (a) of Section 12-6.2, paragraph (2) of subsection

 

 

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1(b) of Section 16-30, paragraph (2) of subsection (b) of
2Section 31-4, or item (iii) of paragraph (1.5) of subsection
3(i) of Section 48-1 of the Criminal Code of 2012.
4    (c) The referral of an objection under this Section to the
5Board shall toll the 90-day period for the Illinois State
6Police Department to issue or deny the applicant a license
7under subsection (e) of Section 10 of this Act, during the
8period of review and until the Board issues its decision.
9    (d) If no objection is made by a law enforcement agency or
10the Illinois State Police Department under this Section, the
11Illinois State Police Department shall process the application
12in accordance with this Act.
13(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)
 
14    (430 ILCS 66/20)
15    Sec. 20. Concealed Carry Licensing Review Board.
16    (a) There is hereby created within the Illinois Department
17of State Police a Concealed Carry Licensing Review Board to
18consider any objection to an applicant's eligibility to obtain
19a license under this Act submitted by a law enforcement agency
20or the Illinois State Police Department under Section 15 of
21this Act. The Board shall consist of 7 commissioners to be
22appointed by the Governor, with the advice and consent of the
23Senate, with 3 commissioners residing within the First
24Judicial District and one commissioner residing within each of
25the 4 remaining Judicial Districts. No more than 4

 

 

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1commissioners shall be members of the same political party.
2The Governor shall designate one commissioner as the
3Chairperson. The Board shall consist of:
4        (1) one commissioner with at least 5 years of service
5    as a federal judge;
6        (2) 2 commissioners with at least 5 years of
7    experience serving as an attorney with the United States
8    Department of Justice;
9        (3) 3 commissioners with at least 5 years of
10    experience as a federal agent or employee with
11    investigative experience or duties related to criminal
12    justice under the United States Department of Justice,
13    Drug Enforcement Administration, Department of Homeland
14    Security, or Federal Bureau of Investigation; and
15        (4) one member with at least 5 years of experience as a
16    licensed physician or clinical psychologist with expertise
17    in the diagnosis and treatment of mental illness.
18    (b) The initial terms of the commissioners shall end on
19January 12, 2015. Thereafter, the commissioners shall hold
20office for 4 years, with terms expiring on the second Monday in
21January of the fourth year. Commissioners may be reappointed.
22Vacancies in the office of commissioner shall be filled in the
23same manner as the original appointment, for the remainder of
24the unexpired term. The Governor may remove a commissioner for
25incompetence, neglect of duty, malfeasance, or inability to
26serve. Commissioners shall receive compensation in an amount

 

 

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1equal to the compensation of members of the Executive Ethics
2Commission and may be reimbursed for reasonable expenses
3actually incurred in the performance of their Board duties,
4from funds appropriated for that purpose.
5    (c) The Board shall meet at the call of the chairperson as
6often as necessary to consider objections to applications for
7a license under this Act. If necessary to ensure the
8participation of a commissioner, the Board shall allow a
9commissioner to participate in a Board meeting by electronic
10communication. Any commissioner participating electronically
11shall be deemed present for purposes of establishing a quorum
12and voting.
13    (d) The Board shall adopt rules for the review of
14objections and the conduct of hearings. The Board shall
15maintain a record of its decisions and all materials
16considered in making its decisions. All Board decisions and
17voting records shall be kept confidential and all materials
18considered by the Board shall be exempt from inspection except
19upon order of a court.
20    (e) In considering an objection of a law enforcement
21agency or the Illinois State Police Department, the Board
22shall review the materials received with the objection from
23the law enforcement agency or the Illinois State Police
24Department. By a vote of at least 4 commissioners, the Board
25may request additional information from the law enforcement
26agency, Illinois State Police Department, or the applicant, or

 

 

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1the testimony of the law enforcement agency, Illinois State
2Police Department, or the applicant. The Board may require
3that the applicant submit electronic fingerprints to the
4Illinois State Police Department for an updated background
5check where the Board determines it lacks sufficient
6information to determine eligibility. The Board may only
7consider information submitted by the Illinois State Police
8Department, a law enforcement agency, or the applicant. The
9Board shall review each objection and determine by a majority
10of commissioners whether an applicant is eligible for a
11license.
12    (f) The Board shall issue a decision within 30 days of
13receipt of the objection from the Illinois State Police
14Department. However, the Board need not issue a decision
15within 30 days if:
16        (1) the Board requests information from the applicant,
17    including but not limited to electronic fingerprints to be
18    submitted to the Illinois State Police Department, in
19    accordance with subsection (e) of this Section, in which
20    case the Board shall make a decision within 30 days of
21    receipt of the required information from the applicant;
22        (2) the applicant agrees, in writing, to allow the
23    Board additional time to consider an objection; or
24        (3) the Board notifies the applicant and the Illinois
25    State Police Department that the Board needs an additional
26    30 days to issue a decision.

 

 

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1    (g) If the Board determines by a preponderance of the
2evidence that the applicant poses a danger to himself or
3herself or others, or is a threat to public safety, then the
4Board shall affirm the objection of the law enforcement agency
5or the Illinois State Police Department and shall notify the
6Illinois State Police Department that the applicant is
7ineligible for a license. If the Board does not determine by a
8preponderance of the evidence that the applicant poses a
9danger to himself or herself or others, or is a threat to
10public safety, then the Board shall notify the Illinois State
11Police Department that the applicant is eligible for a
12license.
13    (h) Meetings of the Board shall not be subject to the Open
14Meetings Act and records of the Board shall not be subject to
15the Freedom of Information Act.
16    (i) The Board shall report monthly to the Governor and the
17General Assembly on the number of objections received and
18provide details of the circumstances in which the Board has
19determined to deny licensure based on law enforcement or
20Illinois State Police Department objections under Section 15
21of this Act. The report shall not contain any identifying
22information about the applicants.
23(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)
 
24    (430 ILCS 66/25)
25    Sec. 25. Qualifications for a license.

 

 

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1    The Illinois State Police Department shall issue a license
2to an applicant completing an application in accordance with
3Section 30 of this Act if the person:
4        (1) is at least 21 years of age;
5        (2) has a currently valid Firearm Owner's
6    Identification Card and at the time of application meets
7    the requirements for the issuance of a Firearm Owner's
8    Identification Card and is not prohibited under the
9    Firearm Owners Identification Card Act or federal law from
10    possessing or receiving a firearm;
11        (3) has not been convicted or found guilty in this
12    State or in any other state of:
13            (A) a misdemeanor involving the use or threat of
14        physical force or violence to any person within the 5
15        years preceding the date of the license application;
16        or
17            (B) 2 or more violations related to driving while
18        under the influence of alcohol, other drug or drugs,
19        intoxicating compound or compounds, or any combination
20        thereof, within the 5 years preceding the date of the
21        license application;
22        (4) is not the subject of a pending arrest warrant,
23    prosecution, or proceeding for an offense or action that
24    could lead to disqualification to own or possess a
25    firearm;
26        (5) has not been in residential or court-ordered

 

 

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1    treatment for alcoholism, alcohol detoxification, or drug
2    treatment within the 5 years immediately preceding the
3    date of the license application; and
4        (6) has completed firearms training and any education
5    component required under Section 75 of this Act.
6(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
 
7    (430 ILCS 66/30)
8    Sec. 30. Contents of license application.
9    (a) The license application shall be in writing, under
10penalty of perjury, on a standard form adopted by the Illinois
11State Police Department and shall be accompanied by the
12documentation required in this Section and the applicable fee.
13Each application form shall include the following statement
14printed in bold type: "Warning: Entering false information on
15this form is punishable as perjury under Section 32-2 of the
16Criminal Code of 2012."
17    (b) The application shall contain the following:
18        (1) the applicant's name, current address, date and
19    year of birth, place of birth, height, weight, hair color,
20    eye color, maiden name or any other name the applicant has
21    used or identified with, and any address where the
22    applicant resided for more than 30 days within the 10
23    years preceding the date of the license application;
24        (2) the applicant's valid driver's license number or
25    valid state identification card number;

 

 

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1        (3) a waiver of the applicant's privacy and
2    confidentiality rights and privileges under all federal
3    and state laws, including those limiting access to
4    juvenile court, criminal justice, psychological, or
5    psychiatric records or records relating to any
6    institutionalization of the applicant, and an affirmative
7    request that a person having custody of any of these
8    records provide it or information concerning it to the
9    Illinois State Police Department. The waiver only applies
10    to records sought in connection with determining whether
11    the applicant qualifies for a license to carry a concealed
12    firearm under this Act, or whether the applicant remains
13    in compliance with the Firearm Owners Identification Card
14    Act;
15        (4) an affirmation that the applicant possesses a
16    currently valid Firearm Owner's Identification Card and
17    card number if possessed or notice the applicant is
18    applying for a Firearm Owner's Identification Card in
19    conjunction with the license application;
20        (5) an affirmation that the applicant has not been
21    convicted or found guilty of:
22            (A) a felony;
23            (B) a misdemeanor involving the use or threat of
24        physical force or violence to any person within the 5
25        years preceding the date of the application; or
26            (C) 2 or more violations related to driving while

 

 

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1        under the influence of alcohol, other drug or drugs,
2        intoxicating compound or compounds, or any combination
3        thereof, within the 5 years preceding the date of the
4        license application; and
5        (6) whether the applicant has failed a drug test for a
6    drug for which the applicant did not have a prescription,
7    within the previous year, and if so, the provider of the
8    test, the specific substance involved, and the date of the
9    test;
10        (7) written consent for the Illinois State Police
11    Department to review and use the applicant's Illinois
12    digital driver's license or Illinois identification card
13    photograph and signature;
14        (8) a full set of fingerprints submitted to the
15    Illinois State Police Department in electronic format,
16    provided the Illinois State Police Department may accept
17    an application submitted without a set of fingerprints in
18    which case the Illinois State Police Department shall be
19    granted 30 days in addition to the 90 days provided under
20    subsection (e) of Section 10 of this Act to issue or deny a
21    license;
22        (9) a head and shoulder color photograph in a size
23    specified by the Illinois State Police Department taken
24    within the 30 days preceding the date of the license
25    application; and
26        (10) a photocopy of any certificates or other evidence

 

 

HB3655- 1396 -LRB102 16922 WGH 22334 b

1    of compliance with the training requirements under this
2    Act.
3(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
 
4    (430 ILCS 66/35)
5    Sec. 35. Investigation of the applicant.
6    The Illinois State Police Department shall conduct a
7background check of the applicant to ensure compliance with
8the requirements of this Act and all federal, State, and local
9laws. The background check shall include a search of the
10following:
11        (1) the National Instant Criminal Background Check
12    System of the Federal Bureau of Investigation;
13        (2) all available state and local criminal history
14    record information files, including records of juvenile
15    adjudications;
16        (3) all available federal, state, and local records
17    regarding wanted persons;
18        (4) all available federal, state, and local records of
19    domestic violence restraining and protective orders;
20        (5) the files of the Department of Human Services
21    relating to mental health and developmental disabilities;
22    and
23        (6) all other available records of a federal, state,
24    or local agency or other public entity in any jurisdiction
25    likely to contain information relevant to whether the

 

 

HB3655- 1397 -LRB102 16922 WGH 22334 b

1    applicant is prohibited from purchasing, possessing, or
2    carrying a firearm under federal, state, or local law.
3    Fingerprints collected under Section 30 shall be checked
4against the Illinois Department of State Police and Federal
5Bureau of Investigation criminal history record databases now
6and hereafter filed. The Illinois State Police Department
7shall charge applicants a fee for conducting the criminal
8history records check, which shall be deposited in the State
9Police Services Fund and shall not exceed the actual cost of
10the records check.
11(Source: P.A. 98-63, eff. 7-9-13; 98-756, eff. 7-16-14.)
 
12    (430 ILCS 66/40)
13    Sec. 40. Non-resident license applications.
14    (a) For the purposes of this Section, "non-resident" means
15a person who has not resided within this State for more than 30
16days and resides in another state or territory.
17    (b) The Illinois State Police Department shall by rule
18allow for non-resident license applications from any state or
19territory of the United States with laws related to firearm
20ownership, possession, and carrying, that are substantially
21similar to the requirements to obtain a license under this
22Act.
23    (c) A resident of a state or territory approved by the
24Illinois State Police Department under subsection (b) of this
25Section may apply for a non-resident license. The applicant

 

 

HB3655- 1398 -LRB102 16922 WGH 22334 b

1shall apply to the Illinois State Police Department and must
2meet all of the qualifications established in Section 25 of
3this Act, except for the Illinois residency requirement in
4item (xiv) of paragraph (2) of subsection (a) of Section 4 of
5the Firearm Owners Identification Card Act. The applicant
6shall submit:
7        (1) the application and documentation required under
8    Section 30 of this Act and the applicable fee;
9        (2) a notarized document stating that the applicant:
10            (A) is eligible under federal law and the laws of
11        his or her state or territory of residence to own or
12        possess a firearm;
13            (B) if applicable, has a license or permit to
14        carry a firearm or concealed firearm issued by his or
15        her state or territory of residence and attach a copy
16        of the license or permit to the application;
17            (C) understands Illinois laws pertaining to the
18        possession and transport of firearms; and
19            (D) acknowledges that the applicant is subject to
20        the jurisdiction of the Illinois State Police
21        Department and Illinois courts for any violation of
22        this Act;
23        (3) a photocopy of any certificates or other evidence
24    of compliance with the training requirements under Section
25    75 of this Act; and
26        (4) a head and shoulder color photograph in a size

 

 

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1    specified by the Illinois State Police Department taken
2    within the 30 days preceding the date of the application.
3    (d) In lieu of an Illinois driver's license or Illinois
4identification card, a non-resident applicant shall provide
5similar documentation from his or her state or territory of
6residence. In lieu of a valid Firearm Owner's Identification
7Card, the applicant shall submit documentation and information
8required by the Illinois State Police Department to obtain a
9Firearm Owner's Identification Card, including an affidavit
10that the non-resident meets the mental health standards to
11obtain a firearm under Illinois law, and the Illinois State
12Police Department shall ensure that the applicant would meet
13the eligibility criteria to obtain a Firearm Owner's
14Identification card if he or she was a resident of this State.
15    (e) Nothing in this Act shall prohibit a non-resident from
16transporting a concealed firearm within his or her vehicle in
17Illinois, if the concealed firearm remains within his or her
18vehicle and the non-resident:
19        (1) is not prohibited from owning or possessing a
20    firearm under federal law;
21        (2) is eligible to carry a firearm in public under the
22    laws of his or her state or territory of residence, as
23    evidenced by the possession of a concealed carry license
24    or permit issued by his or her state of residence, if
25    applicable; and
26        (3) is not in possession of a license under this Act.

 

 

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1    If the non-resident leaves his or her vehicle unattended,
2he or she shall store the firearm within a locked vehicle or
3locked container within the vehicle in accordance with
4subsection (b) of Section 65 of this Act.
5(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13; 99-78,
6eff. 7-20-15.)
 
7    (430 ILCS 66/45)
8    Sec. 45. Civil immunity; Board, employees, and agents. The
9Board, Illinois State Police Department, local law enforcement
10agency, or the employees and agents of the Board, Illinois
11State Police Department, or local law enforcement agency
12participating in the licensing process under this Act shall
13not be held liable for damages in any civil action arising from
14alleged wrongful or improper granting, denying, renewing,
15revoking, suspending, or failing to grant, deny, renew,
16revoke, or suspend a license under this Act, except for
17willful or wanton misconduct.
18(Source: P.A. 98-63, eff. 7-9-13.)
 
19    (430 ILCS 66/50)
20    Sec. 50. License renewal.
21    (a) This subsection (a) applies through the 180th day
22following the effective date of this amendatory Act of the
23101st General Assembly. Applications for renewal of a license
24shall be made to the Illinois State Police Department. A

 

 

HB3655- 1401 -LRB102 16922 WGH 22334 b

1license shall be renewed for a period of 5 years upon receipt
2of a completed renewal application, completion of 3 hours of
3training required under Section 75 of this Act, payment of the
4applicable renewal fee, and completion of an investigation
5under Section 35 of this Act. The renewal application shall
6contain the information required in Section 30 of this Act,
7except that the applicant need not resubmit a full set of
8fingerprints.
9    (b) This subsection (b) applies on and after the 181st day
10following the effective date of this amendatory Act of the
11101st General Assembly. Applications for renewal of a license
12shall be made to the Illinois State Police Department. A
13license shall be renewed for a period of 5 years from the date
14of expiration on the applicant's current license upon the
15receipt of a completed renewal application, completion of 3
16hours of training required under Section 75 of this Act,
17payment of the applicable renewal fee, and completion of an
18investigation under Section 35 of this Act. The renewal
19application shall contain the information required in Section
2030 of this Act, except that the applicant need not resubmit a
21full set of fingerprints.
22(Source: P.A. 101-80, eff. 7-12-19.)
 
23    (430 ILCS 66/55)
24    Sec. 55. Change of address or name; lost, destroyed, or
25stolen licenses.

 

 

HB3655- 1402 -LRB102 16922 WGH 22334 b

1    (a) A licensee shall notify the Illinois State Police
2Department within 30 days of moving or changing residence or
3any change of name. The licensee shall submit the requisite
4fee and the Illinois State Police Department may require a
5notarized statement that the licensee has changed his or her
6residence or his or her name, including the prior and current
7address or name and the date the applicant moved or changed his
8or her name.
9    (b) A licensee shall notify the Illinois State Police
10Department within 10 days of discovering that a license has
11been lost, destroyed, or stolen. A lost, destroyed, or stolen
12license is invalid. To request a replacement license, the
13licensee shall submit:
14        (1) a notarized statement that the licensee no longer
15    possesses the license, and that it was lost, destroyed, or
16    stolen;
17        (2) if applicable, a copy of a police report stating
18    that the license was stolen; and
19        (3) the requisite fee.
20    (c) A violation of this Section is a petty offense with a
21fine of $150 which shall be deposited into the Mental Health
22Reporting Fund.
23(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15.)
 
24    (430 ILCS 66/65)
25    Sec. 65. Prohibited areas.

 

 

HB3655- 1403 -LRB102 16922 WGH 22334 b

1    (a) A licensee under this Act shall not knowingly carry a
2firearm on or into:
3        (1) Any building, real property, and parking area
4    under the control of a public or private elementary or
5    secondary school.
6        (2) Any building, real property, and parking area
7    under the control of a pre-school or child care facility,
8    including any room or portion of a building under the
9    control of a pre-school or child care facility. Nothing in
10    this paragraph shall prevent the operator of a child care
11    facility in a family home from owning or possessing a
12    firearm in the home or license under this Act, if no child
13    under child care at the home is present in the home or the
14    firearm in the home is stored in a locked container when a
15    child under child care at the home is present in the home.
16        (3) Any building, parking area, or portion of a
17    building under the control of an officer of the executive
18    or legislative branch of government, provided that nothing
19    in this paragraph shall prohibit a licensee from carrying
20    a concealed firearm onto the real property, bikeway, or
21    trail in a park regulated by the Department of Natural
22    Resources or any other designated public hunting area or
23    building where firearm possession is permitted as
24    established by the Department of Natural Resources under
25    Section 1.8 of the Wildlife Code.
26        (4) Any building designated for matters before a

 

 

HB3655- 1404 -LRB102 16922 WGH 22334 b

1    circuit court, appellate court, or the Supreme Court, or
2    any building or portion of a building under the control of
3    the Supreme Court.
4        (5) Any building or portion of a building under the
5    control of a unit of local government.
6        (6) Any building, real property, and parking area
7    under the control of an adult or juvenile detention or
8    correctional institution, prison, or jail.
9        (7) Any building, real property, and parking area
10    under the control of a public or private hospital or
11    hospital affiliate, mental health facility, or nursing
12    home.
13        (8) Any bus, train, or form of transportation paid for
14    in whole or in part with public funds, and any building,
15    real property, and parking area under the control of a
16    public transportation facility paid for in whole or in
17    part with public funds.
18        (9) Any building, real property, and parking area
19    under the control of an establishment that serves alcohol
20    on its premises, if more than 50% of the establishment's
21    gross receipts within the prior 3 months is from the sale
22    of alcohol. The owner of an establishment who knowingly
23    fails to prohibit concealed firearms on its premises as
24    provided in this paragraph or who knowingly makes a false
25    statement or record to avoid the prohibition on concealed
26    firearms under this paragraph is subject to the penalty

 

 

HB3655- 1405 -LRB102 16922 WGH 22334 b

1    under subsection (c-5) of Section 10-1 of the Liquor
2    Control Act of 1934.
3        (10) Any public gathering or special event conducted
4    on property open to the public that requires the issuance
5    of a permit from the unit of local government, provided
6    this prohibition shall not apply to a licensee who must
7    walk through a public gathering in order to access his or
8    her residence, place of business, or vehicle.
9        (11) Any building or real property that has been
10    issued a Special Event Retailer's license as defined in
11    Section 1-3.17.1 of the Liquor Control Act during the time
12    designated for the sale of alcohol by the Special Event
13    Retailer's license, or a Special use permit license as
14    defined in subsection (q) of Section 5-1 of the Liquor
15    Control Act during the time designated for the sale of
16    alcohol by the Special use permit license.
17        (12) Any public playground.
18        (13) Any public park, athletic area, or athletic
19    facility under the control of a municipality or park
20    district, provided nothing in this Section shall prohibit
21    a licensee from carrying a concealed firearm while on a
22    trail or bikeway if only a portion of the trail or bikeway
23    includes a public park.
24        (14) Any real property under the control of the Cook
25    County Forest Preserve District.
26        (15) Any building, classroom, laboratory, medical

 

 

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1    clinic, hospital, artistic venue, athletic venue,
2    entertainment venue, officially recognized
3    university-related organization property, whether owned or
4    leased, and any real property, including parking areas,
5    sidewalks, and common areas under the control of a public
6    or private community college, college, or university.
7        (16) Any building, real property, or parking area
8    under the control of a gaming facility licensed under the
9    Illinois Gambling Act or the Illinois Horse Racing Act of
10    1975, including an inter-track wagering location licensee.
11        (17) Any stadium, arena, or the real property or
12    parking area under the control of a stadium, arena, or any
13    collegiate or professional sporting event.
14        (18) Any building, real property, or parking area
15    under the control of a public library.
16        (19) Any building, real property, or parking area
17    under the control of an airport.
18        (20) Any building, real property, or parking area
19    under the control of an amusement park.
20        (21) Any building, real property, or parking area
21    under the control of a zoo or museum.
22        (22) Any street, driveway, parking area, property,
23    building, or facility, owned, leased, controlled, or used
24    by a nuclear energy, storage, weapons, or development site
25    or facility regulated by the federal Nuclear Regulatory
26    Commission. The licensee shall not under any circumstance

 

 

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1    store a firearm or ammunition in his or her vehicle or in a
2    compartment or container within a vehicle located anywhere
3    in or on the street, driveway, parking area, property,
4    building, or facility described in this paragraph.
5        (23) Any area where firearms are prohibited under
6    federal law.
7    (a-5) Nothing in this Act shall prohibit a public or
8private community college, college, or university from:
9        (1) prohibiting persons from carrying a firearm within
10    a vehicle owned, leased, or controlled by the college or
11    university;
12        (2) developing resolutions, regulations, or policies
13    regarding student, employee, or visitor misconduct and
14    discipline, including suspension and expulsion;
15        (3) developing resolutions, regulations, or policies
16    regarding the storage or maintenance of firearms, which
17    must include designated areas where persons can park
18    vehicles that carry firearms; and
19        (4) permitting the carrying or use of firearms for the
20    purpose of instruction and curriculum of officially
21    recognized programs, including but not limited to military
22    science and law enforcement training programs, or in any
23    designated area used for hunting purposes or target
24    shooting.
25    (a-10) The owner of private real property of any type may
26prohibit the carrying of concealed firearms on the property

 

 

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1under his or her control. The owner must post a sign in
2accordance with subsection (d) of this Section indicating that
3firearms are prohibited on the property, unless the property
4is a private residence.
5    (b) Notwithstanding subsections (a), (a-5), and (a-10) of
6this Section except under paragraph (22) or (23) of subsection
7(a), any licensee prohibited from carrying a concealed firearm
8into the parking area of a prohibited location specified in
9subsection (a), (a-5), or (a-10) of this Section shall be
10permitted to carry a concealed firearm on or about his or her
11person within a vehicle into the parking area and may store a
12firearm or ammunition concealed in a case within a locked
13vehicle or locked container out of plain view within the
14vehicle in the parking area. A licensee may carry a concealed
15firearm in the immediate area surrounding his or her vehicle
16within a prohibited parking lot area only for the limited
17purpose of storing or retrieving a firearm within the
18vehicle's trunk. For purposes of this subsection, "case"
19includes a glove compartment or console that completely
20encloses the concealed firearm or ammunition, the trunk of the
21vehicle, or a firearm carrying box, shipping box, or other
22container.
23    (c) A licensee shall not be in violation of this Section
24while he or she is traveling along a public right of way that
25touches or crosses any of the premises under subsection (a),
26(a-5), or (a-10) of this Section if the concealed firearm is

 

 

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1carried on his or her person in accordance with the provisions
2of this Act or is being transported in a vehicle by the
3licensee in accordance with all other applicable provisions of
4law.
5    (d) Signs stating that the carrying of firearms is
6prohibited shall be clearly and conspicuously posted at the
7entrance of a building, premises, or real property specified
8in this Section as a prohibited area, unless the building or
9premises is a private residence. Signs shall be of a uniform
10design as established by the Illinois State Police Department
11and shall be 4 inches by 6 inches in size. The Illinois State
12Police Department shall adopt rules for standardized signs to
13be used under this subsection.
14(Source: P.A. 101-31, eff. 6-28-19.)
 
15    (430 ILCS 66/70)
16    Sec. 70. Violations.
17    (a) A license issued or renewed under this Act shall be
18revoked if, at any time, the licensee is found to be ineligible
19for a license under this Act or the licensee no longer meets
20the eligibility requirements of the Firearm Owners
21Identification Card Act.
22    (b) A license shall be suspended if an order of
23protection, including an emergency order of protection,
24plenary order of protection, or interim order of protection
25under Article 112A of the Code of Criminal Procedure of 1963 or

 

 

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1under the Illinois Domestic Violence Act of 1986, or if a
2firearms restraining order, including an emergency firearms
3restraining order, under the Firearms Restraining Order Act,
4is issued against a licensee for the duration of the order, or
5if the Illinois State Police Department is made aware of a
6similar order issued against the licensee in any other
7jurisdiction. If an order of protection is issued against a
8licensee, the licensee shall surrender the license, as
9applicable, to the court at the time the order is entered or to
10the law enforcement agency or entity serving process at the
11time the licensee is served the order. The court, law
12enforcement agency, or entity responsible for serving the
13order of protection shall notify the Illinois State Police
14Department within 7 days and transmit the license to the
15Illinois State Police Department.
16    (c) A license is invalid upon expiration of the license,
17unless the licensee has submitted an application to renew the
18license, and the applicant is otherwise eligible to possess a
19license under this Act.
20    (d) A licensee shall not carry a concealed firearm while
21under the influence of alcohol, other drug or drugs,
22intoxicating compound or combination of compounds, or any
23combination thereof, under the standards set forth in
24subsection (a) of Section 11-501 of the Illinois Vehicle Code.
25    A licensee in violation of this subsection (d) shall be
26guilty of a Class A misdemeanor for a first or second violation

 

 

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1and a Class 4 felony for a third violation. The Illinois State
2Police Department may suspend a license for up to 6 months for
3a second violation and shall permanently revoke a license for
4a third violation.
5    (e) Except as otherwise provided, a licensee in violation
6of this Act shall be guilty of a Class B misdemeanor. A second
7or subsequent violation is a Class A misdemeanor. The Illinois
8State Police Department may suspend a license for up to 6
9months for a second violation and shall permanently revoke a
10license for 3 or more violations of Section 65 of this Act. Any
11person convicted of a violation under this Section shall pay a
12$150 fee to be deposited into the Mental Health Reporting
13Fund, plus any applicable court costs or fees.
14    (f) A licensee convicted or found guilty of a violation of
15this Act who has a valid license and is otherwise eligible to
16carry a concealed firearm shall only be subject to the
17penalties under this Section and shall not be subject to the
18penalties under Section 21-6, paragraph (4), (8), or (10) of
19subsection (a) of Section 24-1, or subparagraph (A-5) or (B-5)
20of paragraph (3) of subsection (a) of Section 24-1.6 of the
21Criminal Code of 2012. Except as otherwise provided in this
22subsection, nothing in this subsection prohibits the licensee
23from being subjected to penalties for violations other than
24those specified in this Act.
25    (g) A licensee whose license is revoked, suspended, or
26denied shall, within 48 hours of receiving notice of the

 

 

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1revocation, suspension, or denial, surrender his or her
2concealed carry license to the local law enforcement agency
3where the person resides. The local law enforcement agency
4shall provide the licensee a receipt and transmit the
5concealed carry license to the Illinois Department of State
6Police. If the licensee whose concealed carry license has been
7revoked, suspended, or denied fails to comply with the
8requirements of this subsection, the law enforcement agency
9where the person resides may petition the circuit court to
10issue a warrant to search for and seize the concealed carry
11license in the possession and under the custody or control of
12the licensee whose concealed carry license has been revoked,
13suspended, or denied. The observation of a concealed carry
14license in the possession of a person whose license has been
15revoked, suspended, or denied constitutes a sufficient basis
16for the arrest of that person for violation of this
17subsection. A violation of this subsection is a Class A
18misdemeanor.
19    (h) A license issued or renewed under this Act shall be
20revoked if, at any time, the licensee is found ineligible for a
21Firearm Owner's Identification Card, or the licensee no longer
22possesses a valid Firearm Owner's Identification Card. A
23licensee whose license is revoked under this subsection (h)
24shall surrender his or her concealed carry license as provided
25for in subsection (g) of this Section.
26    This subsection shall not apply to a person who has filed

 

 

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1an application with the Illinois State Police for renewal of a
2Firearm Owner's Identification Card and who is not otherwise
3ineligible to obtain a Firearm Owner's Identification Card.
4    (i) A certified firearms instructor who knowingly provides
5or offers to provide a false certification that an applicant
6has completed firearms training as required under this Act is
7guilty of a Class A misdemeanor. A person guilty of a violation
8of this subsection (i) is not eligible for court supervision.
9The Illinois State Police Department shall permanently revoke
10the firearms instructor certification of a person convicted
11under this subsection (i).
12(Source: P.A. 100-607, eff. 1-1-19.)
 
13    (430 ILCS 66/75)
14    Sec. 75. Applicant firearm training.
15    (a) Within 60 days of the effective date of this Act, the
16Illinois State Police Department shall begin approval of
17firearm training courses and shall make a list of approved
18courses available on the Illinois State Police's Department's
19website.
20    (b) An applicant for a new license shall provide proof of
21completion of a firearms training course or combination of
22courses approved by the Illinois State Police Department of at
23least 16 hours, which includes range qualification time under
24subsection (c) of this Section, that covers the following:
25        (1) firearm safety;

 

 

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1        (2) the basic principles of marksmanship;
2        (3) care, cleaning, loading, and unloading of a
3    concealable firearm;
4        (4) all applicable State and federal laws relating to
5    the ownership, storage, carry, and transportation of a
6    firearm; and
7        (5) instruction on the appropriate and lawful
8    interaction with law enforcement while transporting or
9    carrying a concealed firearm.
10    (c) An applicant for a new license shall provide proof of
11certification by a certified instructor that the applicant
12passed a live fire exercise with a concealable firearm
13consisting of:
14        (1) a minimum of 30 rounds; and
15        (2) 10 rounds from a distance of 5 yards; 10 rounds
16    from a distance of 7 yards; and 10 rounds from a distance
17    of 10 yards at a B-27 silhouette target approved by the
18    Illinois State Police Department.
19    (d) An applicant for renewal of a license shall provide
20proof of completion of a firearms training course or
21combination of courses approved by the Illinois State Police
22Department of at least 3 hours.
23    (e) A certificate of completion for an applicant's firearm
24training course shall not be issued to a student who:
25        (1) does not follow the orders of the certified
26    firearms instructor;

 

 

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1        (2) in the judgment of the certified instructor,
2    handles a firearm in a manner that poses a danger to the
3    student or to others; or
4        (3) during the range firing portion of testing fails
5    to hit the target with 70% of the rounds fired.
6    (f) An instructor shall maintain a record of each
7student's performance for at least 5 years, and shall make all
8records available upon demand of authorized personnel of the
9Illinois State Police Department.
10    (g) The Illinois State Police Department and certified
11firearms instructors shall recognize up to 8 hours of training
12already completed toward the 16 hour training requirement
13under this Section if the training course is submitted to and
14approved by the Illinois State Police Department. Any
15remaining hours that the applicant completes must at least
16cover the classroom subject matter of paragraph (4) of
17subsection (b) of this Section, and the range qualification in
18subsection (c) of this Section.
19    (h) A person who has qualified to carry a firearm as an
20active law enforcement or corrections officer, who has
21successfully completed firearms training as required by his or
22her law enforcement agency and is authorized by his or her
23agency to carry a firearm; a person currently certified as a
24firearms instructor by this Act or by the Illinois Law
25Enforcement Training Standards Board; or a person who has
26completed the required training and has been issued a firearm

 

 

HB3655- 1416 -LRB102 16922 WGH 22334 b

1control card by the Department of Financial and Professional
2Regulation shall be exempt from the requirements of this
3Section.
4    (i) The Illinois State Police Department and certified
5firearms instructors shall recognize 8 hours of training as
6completed toward the 16 hour training requirement under this
7Section, if the applicant is an active, retired, or honorably
8discharged member of the United States Armed Forces. Any
9remaining hours that the applicant completes must at least
10cover the classroom subject matter of paragraph (4) of
11subsection (b) of this Section, and the range qualification in
12subsection (c) of this Section.
13    (j) The Illinois State Police Department and certified
14firearms instructors shall recognize up to 8 hours of training
15already completed toward the 16 hour training requirement
16under this Section if the training course is approved by the
17Illinois State Police Department and was completed in
18connection with the applicant's previous employment as a law
19enforcement or corrections officer. Any remaining hours that
20the applicant completes must at least cover the classroom
21subject matter of paragraph (4) of subsection (b) of this
22Section, and the range qualification in subsection (c) of this
23Section. A former law enforcement or corrections officer
24seeking credit under this subsection (j) shall provide
25evidence that he or she separated from employment in good
26standing from each law enforcement agency where he or she was

 

 

HB3655- 1417 -LRB102 16922 WGH 22334 b

1employed. An applicant who was discharged from a law
2enforcement agency for misconduct or disciplinary reasons is
3not eligible for credit under this subsection (j).
4(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13.)
 
5    (430 ILCS 66/80)
6    Sec. 80. Certified firearms instructors.
7    (a) Within 60 days of the effective date of this Act, the
8Illinois State Police Department shall begin approval of
9certified firearms instructors and enter certified firearms
10instructors into an online registry on the Illinois State
11Police's Department's website.
12    (b) A person who is not a certified firearms instructor
13shall not teach applicant training courses or advertise or
14otherwise represent courses they teach as qualifying their
15students to meet the requirements to receive a license under
16this Act. Each violation of this subsection is a business
17offense with a fine of at least $1,000 per violation.
18    (c) A person seeking to become a certified firearms
19instructor shall:
20        (1) be at least 21 years of age;
21        (2) be a legal resident of the United States; and
22        (3) meet the requirements of Section 25 of this Act,
23    except for the Illinois residency requirement in item
24    (xiv) of paragraph (2) of subsection (a) of Section 4 of
25    the Firearm Owners Identification Card Act; and any

 

 

HB3655- 1418 -LRB102 16922 WGH 22334 b

1    additional uniformly applied requirements established by
2    the Illinois State Police Department.
3    (d) A person seeking to become a certified firearms
4instructor, in addition to the requirements of subsection (c)
5of this Section, shall:
6        (1) possess a high school diploma or high school
7    equivalency certificate; and
8        (2) have at least one of the following valid firearms
9    instructor certifications:
10            (A) certification from a law enforcement agency;
11            (B) certification from a firearm instructor course
12        offered by a State or federal governmental agency;
13            (C) certification from a firearm instructor
14        qualification course offered by the Illinois Law
15        Enforcement Training Standards Board; or
16            (D) certification from an entity approved by the
17        Illinois State Police Department that offers firearm
18        instructor education and training in the use and
19        safety of firearms.
20    (e) A person may have his or her firearms instructor
21certification denied or revoked if he or she does not meet the
22requirements to obtain a license under this Act, provides
23false or misleading information to the Illinois State Police
24Department, or has had a prior instructor certification
25revoked or denied by the Illinois State Police Department.
26(Source: P.A. 98-63, eff. 7-9-13; 98-600, eff. 12-6-13;

 

 

HB3655- 1419 -LRB102 16922 WGH 22334 b

198-718, eff. 1-1-15.)
 
2    (430 ILCS 66/87)
3    Sec. 87. Administrative and judicial review.
4    (a) Whenever an application for a concealed carry license
5is denied, whenever the Illinois State Police Department fails
6to act on an application within 90 days of its receipt, or
7whenever a license is revoked or suspended as provided in this
8Act, the aggrieved party may appeal to the Director for a
9hearing upon the denial, revocation, suspension, or failure to
10act on the application, unless the denial was made by the
11Concealed Carry Licensing Review Board, in which case the
12aggrieved party may petition the circuit court in writing in
13the county of his or her residence for a hearing upon the
14denial.
15    (b) All final administrative decisions of the Illinois
16State Police Department or the Concealed Carry Licensing
17Review Board under this Act shall be subject to judicial
18review under the provisions of the Administrative Review Law.
19The term "administrative decision" is defined as in Section
203-101 of the Code of Civil Procedure.
21(Source: P.A. 98-63, eff. 7-9-13.)
 
22    (430 ILCS 66/95)
23    Sec. 95. Procurement; rulemaking.
24    (a) The Illinois Department of State Police, in

 

 

HB3655- 1420 -LRB102 16922 WGH 22334 b

1consultation with and subject to the approval of the Chief
2Procurement Officer, may procure a single contract or multiple
3contracts to implement the provisions of this Act. A contract
4or contracts under this paragraph are not subject to the
5provisions of the Illinois Procurement Code, except for
6Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of
7that Code, provided that the Chief Procurement Officer may, in
8writing with justification, waive any certification required
9under Article 50. This exemption shall be repealed one year
10from the effective date of this Act.
11    (b) The Illinois State Police Department shall adopt rules
12to implement the provisions of this Act. The Illinois State
13Police Department may adopt rules necessary to implement the
14provisions of this Act through the use of emergency rulemaking
15in accordance with Section 5-45 of the Illinois Administrative
16Procedure Act for a period not to exceed 180 days after the
17effective date of this Act.
18(Source: P.A. 98-63, eff. 7-9-13.)
 
19    (430 ILCS 66/105)
20    Sec. 105. Duty of school administrator. It is the duty of
21the principal of a public elementary or secondary school, or
22his or her designee, and the chief administrative officer of a
23private elementary or secondary school or a public or private
24community college, college, or university, or his or her
25designee, to report to the Illinois Department of State Police

 

 

HB3655- 1421 -LRB102 16922 WGH 22334 b

1when a student is determined to pose a clear and present danger
2to himself, herself, or to others, within 24 hours of the
3determination as provided in Section 6-103.3 of the Mental
4Health and Developmental Disabilities Code. "Clear and present
5danger" has the meaning as provided in paragraph (2) of the
6definition of "clear and present danger" in Section 1.1 of the
7Firearm Owners Identification Card Act.
8(Source: P.A. 98-63, eff. 7-9-13.)
 
9    Section 875. The Firearms Restraining Order Act is amended
10by changing Sections 35, 40, 50, 55, and 60 as follows:
 
11    (430 ILCS 67/35)
12    Sec. 35. Ex parte orders and emergency hearings.
13    (a) A petitioner may request an emergency firearms
14restraining order by filing an affidavit or verified pleading
15alleging that the respondent poses an immediate and present
16danger of causing personal injury to himself, herself, or
17another by having in his or her custody or control,
18purchasing, possessing, or receiving a firearm. The petition
19shall also describe the type and location of any firearm or
20firearms presently believed by the petitioner to be possessed
21or controlled by the respondent.
22    (b) If the respondent is alleged to pose an immediate and
23present danger of causing personal injury to an intimate
24partner, or an intimate partner is alleged to have been the

 

 

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1target of a threat or act of violence by the respondent, the
2petitioner shall make a good faith effort to provide notice to
3any and all intimate partners of the respondent. The notice
4must include that the petitioner intends to petition the court
5for an emergency firearms restraining order, and, if the
6petitioner is a law enforcement officer, referral to relevant
7domestic violence or stalking advocacy or counseling
8resources, if appropriate. The petitioner shall attest to
9having provided the notice in the filed affidavit or verified
10pleading. If, after making a good faith effort, the petitioner
11is unable to provide notice to any or all intimate partners,
12the affidavit or verified pleading should describe what
13efforts were made.
14    (c) Every person who files a petition for an emergency
15firearms restraining order, knowing the information provided
16to the court at any hearing or in the affidavit or verified
17pleading to be false, is guilty of perjury under Section 32-2
18of the Criminal Code of 2012.
19    (d) An emergency firearms restraining order shall be
20issued on an ex parte basis, that is, without notice to the
21respondent.
22    (e) An emergency hearing held on an ex parte basis shall be
23held the same day that the petition is filed or the next day
24that the court is in session.
25    (f) If a circuit or associate judge finds probable cause
26to believe that the respondent poses an immediate and present

 

 

HB3655- 1423 -LRB102 16922 WGH 22334 b

1danger of causing personal injury to himself, herself, or
2another by having in his or her custody or control,
3purchasing, possessing, or receiving a firearm, the circuit or
4associate judge shall issue an emergency order.
5    (f-5) If the court issues an emergency firearms
6restraining order, it shall, upon a finding of probable cause
7that the respondent possesses firearms, issue a search warrant
8directing a law enforcement agency to seize the respondent's
9firearms. The court may, as part of that warrant, direct the
10law enforcement agency to search the respondent's residence
11and other places where the court finds there is probable cause
12to believe he or she is likely to possess the firearms.
13    (g) An emergency firearms restraining order shall require:
14        (1) the respondent to refrain from having in his or
15    her custody or control, purchasing, possessing, or
16    receiving additional firearms for the duration of the
17    order; and
18        (2) the respondent to turn over to the local law
19    enforcement agency any Firearm Owner's Identification Card
20    and concealed carry license in his or her possession. The
21    local law enforcement agency shall immediately mail the
22    card and concealed carry license to the Illinois
23    Department of State Police Firearm Services Bureau for
24    safekeeping. The firearm or firearms and Firearm Owner's
25    Identification Card and concealed carry license, if
26    unexpired, shall be returned to the respondent after the

 

 

HB3655- 1424 -LRB102 16922 WGH 22334 b

1    firearms restraining order is terminated or expired.
2    (h) Except as otherwise provided in subsection (h-5) of
3this Section, upon expiration of the period of safekeeping, if
4the firearms or Firearm Owner's Identification Card and
5concealed carry license cannot be returned to the respondent
6because the respondent cannot be located, fails to respond to
7requests to retrieve the firearms, or is not lawfully eligible
8to possess a firearm, upon petition from the local law
9enforcement agency, the court may order the local law
10enforcement agency to destroy the firearms, use the firearms
11for training purposes, or use the firearms for any other
12application as deemed appropriate by the local law enforcement
13agency.
14    (h-5) A respondent whose Firearm Owner's Identification
15Card has been revoked or suspended may petition the court, if
16the petitioner is present in court or has notice of the
17respondent's petition, to transfer the respondent's firearm to
18a person who is lawfully able to possess the firearm if the
19person does not reside at the same address as the respondent.
20Notice of the petition shall be served upon the person
21protected by the emergency firearms restraining order. While
22the order is in effect, the transferee who receives the
23respondent's firearms must swear or affirm by affidavit that
24he or she shall not transfer the firearm to the respondent or
25to anyone residing in the same residence as the respondent.
26    (h-6) If a person other than the respondent claims title

 

 

HB3655- 1425 -LRB102 16922 WGH 22334 b

1to any firearms surrendered under this Section, he or she may
2petition the court, if the petitioner is present in court or
3has notice of the petition, to have the firearm returned to him
4or her. If the court determines that person to be the lawful
5owner of the firearm, the firearm shall be returned to him or
6her, provided that:
7        (1) the firearm is removed from the respondent's
8    custody, control, or possession and the lawful owner
9    agrees to store the firearm in a manner such that the
10    respondent does not have access to or control of the
11    firearm; and
12        (2) the firearm is not otherwise unlawfully possessed
13    by the owner.
14    The person petitioning for the return of his or her
15firearm must swear or affirm by affidavit that he or she: (i)
16is the lawful owner of the firearm; (ii) shall not transfer the
17firearm to the respondent; and (iii) will store the firearm in
18a manner that the respondent does not have access to or control
19of the firearm.
20    (i) In accordance with subsection (e) of this Section, the
21court shall schedule a full hearing as soon as possible, but no
22longer than 14 days from the issuance of an ex parte firearms
23restraining order, to determine if a 6-month firearms
24restraining order shall be issued. The court may extend an ex
25parte order as needed, but not to exceed 14 days, to effectuate
26service of the order or if necessary to continue protection.

 

 

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1The court may extend the order for a greater length of time by
2mutual agreement of the parties.
3(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
4    (430 ILCS 67/40)
5    Sec. 40. Six-month orders.
6    (a) A petitioner may request a 6-month firearms
7restraining order by filing an affidavit or verified pleading
8alleging that the respondent poses a significant danger of
9causing personal injury to himself, herself, or another in the
10near future by having in his or her custody or control,
11purchasing, possessing, or receiving a firearm. The petition
12shall also describe the number, types, and locations of any
13firearms presently believed by the petitioner to be possessed
14or controlled by the respondent.
15    (b) If the respondent is alleged to pose a significant
16danger of causing personal injury to an intimate partner, or
17an intimate partner is alleged to have been the target of a
18threat or act of violence by the respondent, the petitioner
19shall make a good faith effort to provide notice to any and all
20intimate partners of the respondent. The notice must include
21that the petitioner intends to petition the court for a
226-month firearms restraining order, and, if the petitioner is
23a law enforcement officer, referral to relevant domestic
24violence or stalking advocacy or counseling resources, if
25appropriate. The petitioner shall attest to having provided

 

 

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1the notice in the filed affidavit or verified pleading. If,
2after making a good faith effort, the petitioner is unable to
3provide notice to any or all intimate partners, the affidavit
4or verified pleading should describe what efforts were made.
5    (c) Every person who files a petition for a 6-month
6firearms restraining order, knowing the information provided
7to the court at any hearing or in the affidavit or verified
8pleading to be false, is guilty of perjury under Section 32-2
9of the Criminal Code of 2012.
10    (d) Upon receipt of a petition for a 6-month firearms
11restraining order, the court shall order a hearing within 30
12days.
13    (e) In determining whether to issue a firearms restraining
14order under this Section, the court shall consider evidence
15including, but not limited to, the following:
16        (1) The unlawful and reckless use, display, or
17    brandishing of a firearm by the respondent.
18        (2) The history of use, attempted use, or threatened
19    use of physical force by the respondent against another
20    person.
21        (3) Any prior arrest of the respondent for a felony
22    offense.
23        (4) Evidence of the abuse of controlled substances or
24    alcohol by the respondent.
25        (5) A recent threat of violence or act of violence by
26    the respondent directed toward himself, herself, or

 

 

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1    another.
2        (6) A violation of an emergency order of protection
3    issued under Section 217 of the Illinois Domestic Violence
4    Act of 1986 or Section 112A-17 of the Code of Criminal
5    Procedure of 1963 or of an order of protection issued
6    under Section 214 of the Illinois Domestic Violence Act of
7    1986 or Section 112A-14 of the Code of Criminal Procedure
8    of 1963.
9        (7) A pattern of violent acts or violent threats,
10    including, but not limited to, threats of violence or acts
11    of violence by the respondent directed toward himself,
12    herself, or another.
13    (f) At the hearing, the petitioner shall have the burden
14of proving, by clear and convincing evidence, that the
15respondent poses a significant danger of personal injury to
16himself, herself, or another by having in his or her custody or
17control, purchasing, possessing, or receiving a firearm.
18    (g) If the court finds that there is clear and convincing
19evidence to issue a firearms restraining order, the court
20shall issue a firearms restraining order that shall be in
21effect for 6 months subject to renewal under Section 45 of this
22Act or termination under that Section.
23    (g-5) If the court issues a 6-month firearms restraining
24order, it shall, upon a finding of probable cause that the
25respondent possesses firearms, issue a search warrant
26directing a law enforcement agency to seize the respondent's

 

 

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1firearms. The court may, as part of that warrant, direct the
2law enforcement agency to search the respondent's residence
3and other places where the court finds there is probable cause
4to believe he or she is likely to possess the firearms.
5    (h) A 6-month firearms restraining order shall require:
6        (1) the respondent to refrain from having in his or
7    her custody or control, purchasing, possessing, or
8    receiving additional firearms for the duration of the
9    order; and
10        (2) the respondent to turn over to the local law
11    enforcement agency any firearm or Firearm Owner's
12    Identification Card and concealed carry license in his or
13    her possession. The local law enforcement agency shall
14    immediately mail the card and concealed carry license to
15    the Illinois Department of State Police Firearm Services
16    Bureau for safekeeping. The firearm or firearms and
17    Firearm Owner's Identification Card and concealed carry
18    license, if unexpired, shall be returned to the respondent
19    after the firearms restraining order is terminated or
20    expired.
21    (i) Except as otherwise provided in subsection (i-5) of
22this Section, upon expiration of the period of safekeeping, if
23the firearms or Firearm Owner's Identification Card cannot be
24returned to the respondent because the respondent cannot be
25located, fails to respond to requests to retrieve the
26firearms, or is not lawfully eligible to possess a firearm,

 

 

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1upon petition from the local law enforcement agency, the court
2may order the local law enforcement agency to destroy the
3firearms, use the firearms for training purposes, or use the
4firearms for any other application as deemed appropriate by
5the local law enforcement agency.
6    (i-5) A respondent whose Firearm Owner's Identification
7Card has been revoked or suspended may petition the court, if
8the petitioner is present in court or has notice of the
9respondent's petition, to transfer the respondent's firearm to
10a person who is lawfully able to possess the firearm if the
11person does not reside at the same address as the respondent.
12Notice of the petition shall be served upon the person
13protected by the emergency firearms restraining order. While
14the order is in effect, the transferee who receives the
15respondent's firearms must swear or affirm by affidavit that
16he or she shall not transfer the firearm to the respondent or
17to anyone residing in the same residence as the respondent.
18    (i-6) If a person other than the respondent claims title
19to any firearms surrendered under this Section, he or she may
20petition the court, if the petitioner is present in court or
21has notice of the petition, to have the firearm returned to him
22or her. If the court determines that person to be the lawful
23owner of the firearm, the firearm shall be returned to him or
24her, provided that:
25        (1) the firearm is removed from the respondent's
26    custody, control, or possession and the lawful owner

 

 

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1    agrees to store the firearm in a manner such that the
2    respondent does not have access to or control of the
3    firearm; and
4        (2) the firearm is not otherwise unlawfully possessed
5    by the owner.
6    The person petitioning for the return of his or her
7firearm must swear or affirm by affidavit that he or she: (i)
8is the lawful owner of the firearm; (ii) shall not transfer the
9firearm to the respondent; and (iii) will store the firearm in
10a manner that the respondent does not have access to or control
11of the firearm.
12    (j) If the court does not issue a firearms restraining
13order at the hearing, the court shall dissolve any emergency
14firearms restraining order then in effect.
15    (k) When the court issues a firearms restraining order
16under this Section, the court shall inform the respondent that
17he or she is entitled to one hearing during the period of the
18order to request a termination of the order, under Section 45
19of this Act, and shall provide the respondent with a form to
20request a hearing.
21(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
22    (430 ILCS 67/50)
23    Sec. 50. Notice of orders.
24    (a) Entry and issuance. Upon issuance of any firearms
25restraining order, the clerk shall immediately, or on the next

 

 

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1court day if an emergency firearms restraining order is issued
2in accordance with Section 35 of this Act (emergency firearms
3restraining order): (i) enter the order on the record and file
4it in accordance with the circuit court procedures and (ii)
5provide a file stamped copy of the order to the respondent, if
6present, and to the petitioner.
7    (b) Filing with sheriff. The clerk of the issuing judge
8shall, or the petitioner may, on the same day that a firearms
9restraining order is issued, file a certified copy of that
10order with the sheriff or other law enforcement officials
11charged with maintaining Illinois Department of State Police
12records or charged with serving the order upon the respondent.
13If the order was issued in accordance with Section 35 of this
14Act (emergency firearms restraining order), the clerk shall,
15on the next court day, file a certified copy of the order with
16the sheriff or other law enforcement officials charged with
17maintaining Illinois Department of State Police records.
18    (c) Service by sheriff. Unless the respondent was present
19in court when the order was issued, the sheriff or other law
20enforcement official shall promptly serve that order upon the
21respondent and file proof of the service, in the manner
22provided for service of process in civil proceedings. Instead
23of serving the order upon the respondent, however, the
24sheriff, other law enforcement official, or other persons
25defined in Section 112A-22.10 of the Code of Criminal
26Procedure of 1963 may serve the respondent with a short form

 

 

HB3655- 1433 -LRB102 16922 WGH 22334 b

1notification as provided in that Section. If process has not
2yet been served upon the respondent, it shall be served with
3the order or short form notification if the service is made by
4the sheriff, or other law enforcement official.
5    (d) Any order renewing or terminating any firearms
6restraining order shall be promptly recorded, issued, and
7served as provided in this Section.
8(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
9    (430 ILCS 67/55)
10    Sec. 55. Data maintenance by law enforcement agencies.
11    (a) All sheriffs shall furnish to the Illinois Department
12of State Police, daily, in the form and detail the Department
13requires, copies of any recorded firearms restraining orders
14issued by the court, and any foreign orders of protection
15filed by the clerk of the court, and transmitted to the sheriff
16by the clerk of the court under Section 50. Each firearms
17restraining order shall be entered in the Law Enforcement
18Agencies Data System (LEADS) on the same day it is issued by
19the court. If an emergency firearms restraining order was
20issued in accordance with Section 35 of this Act, the order
21shall be entered in the Law Enforcement Agencies Data System
22(LEADS) as soon as possible after receipt from the clerk.
23    (b) The Illinois Department of State Police shall maintain
24a complete and systematic record and index of all valid and
25recorded firearms restraining orders issued or filed under

 

 

HB3655- 1434 -LRB102 16922 WGH 22334 b

1this Act. The data shall be used to inform all dispatchers and
2law enforcement officers at the scene of a violation of a
3firearms restraining order of the effective dates and terms of
4any recorded order of protection.
5    (c) The data, records, and transmittals required under
6this Section shall pertain to any valid emergency or 6-month
7firearms restraining order, whether issued in a civil or
8criminal proceeding or authorized under the laws of another
9state, tribe, or United States territory.
10(Source: P.A. 100-607, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
11    (430 ILCS 67/60)
12    Sec. 60. Filing of a firearms restraining order issued by
13another state.
14    (a) A person who has sought a firearms restraining order
15or similar order issued by the court of another state, tribe,
16or United States territory may file a certified copy of the
17firearms restraining order with the clerk of the court in a
18judicial circuit in which the person believes that enforcement
19may be necessary.
20    (b) The clerk shall:
21        (1) treat the foreign firearms restraining order in
22    the same manner as a judgment of the circuit court for any
23    county of this State in accordance with the provisions of
24    the Uniform Enforcement of Foreign Judgments Act, except
25    that the clerk shall not mail notice of the filing of the

 

 

HB3655- 1435 -LRB102 16922 WGH 22334 b

1    foreign order to the respondent named in the order; and
2        (2) on the same day that a foreign firearms
3    restraining order is filed, file a certified copy of that
4    order with the sheriff or other law enforcement officials
5    charged with maintaining Illinois Department of State
6    Police records as set forth in Section 55 of this Act.
7    (c) Neither residence in this State nor filing of a
8foreign firearms restraining order shall be required for
9enforcement of the order by this State. Failure to file the
10foreign order shall not be an impediment to its treatment in
11all respects as an Illinois firearms restraining order.
12    (d) The clerk shall not charge a fee to file a foreign
13order of protection under this Section.
14(Source: P.A. 100-607, eff. 1-1-19.)
 
15    Section 880. The Firearm Dealer License Certification Act
16is amended by changing Sections 5-5, 5-10, 5-15, 5-20, 5-30,
175-35, 5-40, 5-45, 5-50, 5-55, 5-60, 5-70, 5-75, 5-85, 5-95,
185-100, 5-105, 5-110, 5-115, and 5-120 as follows:
 
19    (430 ILCS 68/5-5)
20    Sec. 5-5. Definitions. In this Act:
21    "Certified licensee" means a licensee that has previously
22certified its license with the Illinois State Police
23Department under this Act.
24    "Department" means the Department of State Police.

 

 

HB3655- 1436 -LRB102 16922 WGH 22334 b

1    "Director" means the Director of the Illinois State
2Police.
3    "Entity" means any person, firm, corporation, group of
4individuals, or other legal entity.
5    "Inventory" means firearms in the possession of an
6individual or entity for the purpose of sale or transfer.
7    "License" means a Federal Firearms License authorizing a
8person or entity to engage in the business of dealing
9firearms.
10    "Licensee" means a person, firm, corporation, or other
11entity who has been given, and is currently in possession of, a
12valid Federal Firearms License.
13    "Retail location" means a store open to the public from
14which a certified licensee engages in the business of selling,
15transferring, or facilitating a sale or transfer of a firearm.
16For purposes of this Act, the World Shooting and Recreational
17Complex, a gun show, or a similar event at which a certified
18licensee engages in business from time to time is not a retail
19location.
20(Source: P.A. 100-1178, eff. 1-18-19; 101-80, eff. 7-12-19;
21revised 9-12-19.)
 
22    (430 ILCS 68/5-10)
23    Sec. 5-10. Copy of Federal Firearms License filed with the
24Illinois State Police Department. Each licensee shall file
25with the Illinois State Police Department a copy of its

 

 

HB3655- 1437 -LRB102 16922 WGH 22334 b

1license, together with a sworn affidavit indicating that the
2license presented is in fact its license and that the license
3is valid. The Illinois State Police Department may by rule
4create a process for checking the validity of the license, in
5lieu of requiring an affidavit. Upon receipt and review by the
6Illinois State Police Department, the Illinois State Police
7Department shall issue a certificate of license to the
8licensee, allowing the licensee to conduct business within
9this State. The Illinois State Police Department shall issue
10an initial certificate of license within 30 days of receipt of
11the copy of license and sworn affidavit. If the Illinois State
12Police Department does not issue the certificate within 30
13days, the licensee shall operate as if a certificate has been
14granted unless and until a denial is issued by the Illinois
15State Police Department.
16(Source: P.A. 100-1178, eff. 1-18-19.)
 
17    (430 ILCS 68/5-15)
18    Sec. 5-15. Certification requirement.
19    (a) Beginning 180 days after the effective date of this
20Act, it is unlawful for a person or entity to engage in the
21business of selling, leasing, or otherwise transferring
22firearms without a valid certificate of license issued under
23this Act. In the event that a person or entity maintains
24multiple licenses to engage in different lines of business
25requiring different licenses at one location, then the

 

 

HB3655- 1438 -LRB102 16922 WGH 22334 b

1licenses shall be deemed one license for purposes of
2certification. In the event that a person or entity maintains
3multiple licenses to engage in business at multiple locations,
4under the same business name on the license or a different
5business name on the license, then each license and location
6must receive its own certification.
7    (b) It is unlawful for a person or entity without first
8being a certified licensee under this Act to act as if he or
9she is certified under this Act, to advertise, to assume to act
10as a certified licensee or to use a title implying that the
11person or entity is engaged in business as a certified
12licensee without a license certified under this Act.
13    (c) It is unlawful to obtain or attempt to obtain any
14certificate of license under this Act by material misstatement
15or fraudulent misrepresentation. Notwithstanding the
16provisions of Section 5-85, in addition to any penalty imposed
17under this Section, any certificate of license obtained under
18this Act due to material misstatement or fraudulent
19misrepresentation shall automatically be revoked.
20    (d) A person who violates any provision of this Section is
21guilty of a Class A misdemeanor for a first violation, and a
22Class 4 felony for a second or subsequent violation.
23    (e) In addition to any other penalty provided by law, any
24person or entity who violates any provision of this Section
25shall pay a civil penalty to the Illinois State Police
26Department in an amount not to exceed $10,000 for each

 

 

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1offense, as determined by the Illinois State Police
2Department. The civil penalty shall be assessed by the
3Illinois State Police Department after a hearing is held in
4accordance with Sections 5-95 and 5-100.
5    (f) The Illinois State Police Department has the authority
6and power to investigate any and all unlicensed activity
7requiring a license certified under this Act.
8    (g) The civil penalty shall be paid within 90 days after
9the effective date of the order imposing the civil penalty.
10The order shall constitute a judgment and may be filed and
11execution had thereon in the same manner as any judgment from
12any court of record.
13    (h) In the event the certification of a certified licensee
14is revoked, it shall be a violation of this Act for the revoked
15licensee to seek certification of a license held under a
16different business name, or to re-open as a certified licensee
17under another business name using the same license or as the
18same person or entity doing business under a different
19business name.
20    (i) The Illinois State Police Department shall require all
21of the following information from each applicant for
22certification under this Act:
23        (1) The name, full business address, and telephone
24    number of the entity. The business address for the entity
25    shall be the complete street address where firearms in the
26    inventory of the entity are regularly stored, shall be

 

 

HB3655- 1440 -LRB102 16922 WGH 22334 b

1    located within the State, and may not be a Post Office Box.
2        (2) All trade, business, or assumed names used by the
3    certified licensee by and under which the certified
4    licensee sells, transfers, or facilitates transfers of
5    firearms.
6        (3) The type of ownership or operation, such as a
7    partnership, corporation, or sole proprietorship.
8        (4) The name of the owner or operator of the
9    dealership, including:
10            (A) if a person, then the name and address of
11        record of the person;
12            (B) if a partnership, then the name and address of
13        record of each partner and the name of the
14        partnership;
15            (C) if a corporation, then the name, address of
16        record, and title of each corporate officer and each
17        owner of more than 5% of the corporation, the
18        corporate names by and which the certified licensee
19        sells, transfers, or facilitates transfers of
20        firearms, and the name of the state of incorporation;
21        and
22            (D) if a sole proprietorship, then the full name
23        and address of record of the sole proprietor and the
24        name of the business entity.
25(Source: P.A. 100-1178, eff. 1-18-19.)
 

 

 

HB3655- 1441 -LRB102 16922 WGH 22334 b

1    (430 ILCS 68/5-20)
2    Sec. 5-20. Additional licensee requirements.
3    (a) A certified licensee shall make a photo copy of a
4buyer's or transferee's valid photo identification card
5whenever a firearm sale transaction takes place. The photo
6copy shall be attached to the documentation detailing the
7record of sale.
8    (b) A certified licensee shall post in a conspicuous
9position on the premises where the licensee conducts business
10a sign that contains the following warning in block letters
11not less than one inch in height:
12        "With few exceptions enumerated in the Firearm Owners
13    Identification Card Act, it is unlawful for you to:
14            (A) store or leave an unsecured firearm in a place
15        where a child can obtain access to it;
16            (B) sell or transfer your firearm to someone else
17        without receiving approval for the transfer from the
18        Illinois Department of State Police, or
19            (C) fail to report the loss or theft of your
20        firearm to local law enforcement within 72 hours.".
21This sign shall be created by the Illinois State Police
22Department and made available for printing or downloading from
23the Illinois State Police's Department's website.
24    (c) No retail location established after the effective
25date of this Act shall be located within 500 feet of any
26school, pre-school, or day care facility in existence at its

 

 

HB3655- 1442 -LRB102 16922 WGH 22334 b

1location before the retail location is established as measured
2from the nearest corner of the building holding the retail
3location to the corner of the school, pre-school, or day care
4facility building nearest the retail location at the time the
5retail location seeks licensure.
6(Source: P.A. 100-1178, eff. 1-18-19.)
 
7    (430 ILCS 68/5-30)
8    Sec. 5-30. Training of certified licensees. Any certified
9licensee and any employee of a certified licensee who sells or
10transfers firearms shall receive at least 2 hours of training
11annually regarding legal requirements and responsible business
12practices as applicable to the sale or transfer or firearms.
13The Illinois State Police Department may adopt rules regarding
14continuing education for certified licensees related to legal
15requirements and responsible business practices regarding the
16sale or transfer of firearms.
17(Source: P.A. 100-1178, eff. 1-18-19.)
 
18    (430 ILCS 68/5-35)
19    Sec. 5-35. Inspection of licensees' places of business.
20Licensees shall have their places of business open for
21inspection by the Illinois State Police Department and law
22enforcement during all hours of operation involving the
23selling, leasing, or otherwise transferring of firearms,
24provided that the Illinois State Police Department or law

 

 

HB3655- 1443 -LRB102 16922 WGH 22334 b

1enforcement may conduct no more than one unannounced
2inspection per business per year without good cause. During an
3inspection, licensees shall make all records, documents, and
4firearms accessible for inspection upon the request of the
5Illinois State Police Department or law enforcement agency.
6(Source: P.A. 100-1178, eff. 1-18-19.)
 
7    (430 ILCS 68/5-40)
8    Sec. 5-40. Qualifications for operation.
9    (a) Each certified licensee shall submit with each
10application for certification or renewal an affidavit to the
11Illinois State Police Department stating that each owner,
12employee, or other agent of the certified licensee who sells
13or conducts transfers of firearms for the certified licensee
14is at least 21 years of age, has a currently valid Firearm
15Owner's Identification Card and, for a renewal, has completed
16the training required under Section 5-30. The affidavit must
17also contain the name and Firearm Owner's Identification Card
18number of each owner, employee, or other agent who sells or
19conducts transfers of firearms for the certified licensee. If
20an owner, employee, or other agent of the certified licensee
21is not otherwise a resident of this State, the certified
22licensee shall submit an affidavit stating that the owner,
23employee, or other agent has undergone a background check and
24is not prohibited from owning or possessing firearms.
25    (b) In addition to the affidavit required under subsection

 

 

HB3655- 1444 -LRB102 16922 WGH 22334 b

1(a), within 30 days of a new owner, employee, or other agent
2beginning selling or conducting transfers of firearms for the
3certified licensee, the certified licensee shall submit an
4affidavit to the Illinois State Police Department stating the
5date that the new owner, employee, or other agent began
6selling or conducting transfers of firearms for the certified
7licensee, and providing the information required in subsection
8(a) for that new owner, employee, or other agent.
9    (c) If a certified licensee has a license, certificate, or
10permit to sell, lease, transfer, purchase, or possess firearms
11issued by the federal government or the government of any
12state revoked or suspended for good cause within the preceding
134 years, the Illinois State Police Department may consider
14revoking or suspending the certified licenses in this State.
15In making a determination of whether or not to revoke or
16suspend a certified license in this State, the Illinois State
17Police Department shall consider the number of retail
18locations the certified licensee or any related person or
19entity operates in this State or in other states under the same
20or different business names, and the severity of the
21infraction in the state in which a license was revoked or
22suspended.
23    (d) Applications and affidavits required under this
24Section are not subject to disclosure by the Illinois State
25Police Department under the Freedom of Information Act.
26(Source: P.A. 100-1178, eff. 1-18-19.)
 

 

 

HB3655- 1445 -LRB102 16922 WGH 22334 b

1    (430 ILCS 68/5-45)
2    Sec. 5-45. Issuance of subpoenas. The Illinois State
3Police Department may subpoena and bring before it any person
4or entity to take oral or written testimony or may compel the
5production of any books, papers, records, or any other
6documents that the Illinois State Police Department deems
7directly relevant or material to an investigation or hearing
8conducted by the Illinois State Police Department in the
9enforcement of this Act, with the same fees and in the same
10manner prescribed in civil cases in the courts of this State.
11The licensee may file an emergency motion with the Director or
12a hearing officer authorized by the Illinois State Police
13Department to quash a subpoena issued by the Illinois State
14Police Department. If the Director or hearing officer
15determines that the subpoena was issued without good cause,
16the Director or hearing officer may quash the subpoena.
17(Source: P.A. 100-1178, eff. 1-18-19.)
 
18    (430 ILCS 68/5-50)
19    Sec. 5-50. Security system.
20    (a) On or before January 2, 2021, each certified licensee
21operating a retail location in this State must maintain a
22video security system and shall maintain video surveillance of
23critical areas of the business premises, including, but not
24limited to, all places where firearms in inventory are stored,

 

 

HB3655- 1446 -LRB102 16922 WGH 22334 b

1handled, sold, or transferred, and each entrance and exit. A
2video surveillance system of the certified licensee's retail
3location may not be installed in a bathroom and may not monitor
4inside the bathrooms located in the retail location. If a
5video security system is deemed inadequate by the Illinois
6State Police Department, the licensee shall have 30 days to
7correct the inadequacy. The Illinois State Police Department
8shall submit to the licensee a written statement describing
9the specific inadequacies.
10    (b) Each certified licensee operating a retail
11establishment in this State must post a sign in a conspicuous
12place at each entrance to the retail location that states in
13block letters not less than one inch in height: "THESE
14PREMISES ARE UNDER VIDEO SURVEILLANCE. YOUR IMAGE MAY BE
15RECORDED.". This sign shall be created by the Illinois State
16Police Department and available for printing or downloading
17from the Illinois State Police's Department's website.
18    (c) On or before January 2, 2020, each certified licensee
19maintaining an inventory of firearms for sale or transfer must
20be connected to an alarm monitoring system or service that
21will notify its local law enforcement agency of an
22unauthorized intrusion into the premises of the licensee where
23the firearm inventory is maintained.
24(Source: P.A. 100-1178, eff. 1-18-19.)
 
25    (430 ILCS 68/5-55)

 

 

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1    Sec. 5-55. Safe storage by certified licensees. In
2addition to adequate locks, exterior lighting, surveillance
3cameras, alarm systems, and other anti-theft measures and
4practices, a certified licensee maintaining a retail location
5shall develop a plan that addresses the safe storage of
6firearms and ammunition during retail hours and after closing.
7The certified licensee shall submit its safe storage plan to
8the Illinois State Police Department and the plan shall be
9deemed approved unless it is rejected by the Illinois State
10Police Department. The Illinois State Police Department may
11reject the plan if it is inadequate, along with a written
12statement describing the specific inadequacies. The certified
13licensee shall submit a corrected plan to the Illinois State
14Police Department within 60 days of notice of an inadequate
15plan. In the event there are still problems with the corrected
16plan, the Illinois State Police Department shall note the
17specific inadequacies in writing and the certified licensee
18shall have 60 days from each notice of an inadequate plan to
19submit a corrected plan. The Illinois State Police Department
20may reject the corrected plan if it is inadequate. A certified
21licensee may operate at all times that a plan is on file with
22the Illinois State Police Department, and during times
23permitted by this Section to prepare and submit corrected
24plans. That any certified licensee has operated without an
25approved safe storage plan for more than 60 days shall be
26grounds for revocation of a certificate of license. The

 

 

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1Illinois State Police Department shall adopt rules regarding
2the adequacy of a safe storage plan. The rules shall take into
3account the various types and sizes of the entities involved,
4and shall comply with all relevant State and federal laws.
5Safe storage plans required under this Section are not subject
6to disclosure by the Illinois State Police Department under
7the Freedom of Information Act.
8(Source: P.A. 100-1178, eff. 1-18-19.)
 
9    (430 ILCS 68/5-60)
10    Sec. 5-60. Statewide compliance standards. The Illinois
11State Police Department shall develop and implement by rule
12statewide training standards for assisting certified licensees
13in recognizing indicators that would lead a reasonable dealer
14to refuse sale of a firearm, including, but not limited to,
15indicators of a straw purchase.
16(Source: P.A. 100-1178, eff. 1-18-19.)
 
17    (430 ILCS 68/5-70)
18    Sec. 5-70. Fees and fines deposited in the Firearm Dealer
19License Certification Fund. The Illinois State Police
20Department shall set and collect a fee for each licensee
21certifying under this Act. The fee may not exceed $300 for a
22certified licensee operating without a retail location. The
23fee may not exceed $1,500 for any certified licensee operating
24with a retail location. The Illinois State Police Department

 

 

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1may not charge a certified licensee in this State, operating
2under the same or different business name, fees exceeding
3$40,000 for the certification of multiple licenses. All fees
4and fines collected under this Act shall be deposited in the
5Firearm Dealer License Certification Fund which is created in
6the State treasury. Moneys in the Fund shall be used for
7implementation and administration of this Act.
8(Source: P.A. 100-1178, eff. 1-18-19.)
 
9    (430 ILCS 68/5-75)
10    Sec. 5-75. Term of license. Each certification shall be
11valid for the term of the license being certified. A licensee
12shall certify each new or renewed license. However, the
13Illinois State Police Department is not required to renew a
14certification if a prior certification has been revoked or
15suspended.
16(Source: P.A. 100-1178, eff. 1-18-19.)
 
17    (430 ILCS 68/5-85)
18    Sec. 5-85. Disciplinary sanctions.
19    (a) For violations of this Act not penalized under Section
205-15, the Illinois State Police Department may refuse to renew
21or restore, or may reprimand, place on probation, suspend,
22revoke, or take other disciplinary or non-disciplinary action
23against any licensee, and may impose a fine commensurate with
24the severity of the violation not to exceed $10,000 for each

 

 

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1violation for any of the following, consistent with the
2Protection of Lawful Commerce in Arms Act, 15 U.S.C. 7901
3through 7903:
4        (1) Violations of this Act, or any law applicable to
5    the sale or transfer of firearms.
6        (2) A pattern of practice or other behavior which
7    demonstrates incapacity or incompetency to practice under
8    this Act.
9        (3) Aiding or assisting another person in violating
10    any provision of this Act or rules adopted under this Act.
11        (4) Failing, within 60 days, to provide information in
12    response to a written request made by the Illinois State
13    Police Department.
14        (5) Conviction of, plea of guilty to, or plea of nolo
15    contendere to any crime that disqualifies the person from
16    obtaining a valid Firearm Owner's Identification Card.
17        (6) Continued practice, although the person has become
18    unfit to practice due to any of the following:
19            (A) Any circumstance that disqualifies the person
20        from obtaining a valid Firearm Owner's Identification
21        Card or concealed carry license.
22            (B) Habitual or excessive use or abuse of drugs
23        defined in law as controlled substances, alcohol, or
24        any other substance that results in the inability to
25        practice with reasonable judgment, skill, or safety.
26        (7) Receiving, directly or indirectly, compensation

 

 

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1    for any firearms sold or transferred illegally.
2        (8) Discipline by another United States jurisdiction,
3    foreign nation, or governmental agency, if at least one of
4    the grounds for the discipline is the same or
5    substantially equivalent to those set forth in this Act.
6        (9) Violation of any disciplinary order imposed on a
7    licensee by the Illinois State Police Department.
8        (10) A finding by the Illinois State Police Department
9    that the licensee, after having his or her certified
10    license placed on probationary status, has violated the
11    terms of probation.
12        (11) A fraudulent or material misstatement in the
13    completion of an affirmative obligation or inquiry by law
14    enforcement.
15    (b) All fines imposed under this Section shall be paid
16within 90 days after the effective date of the final order
17imposing the fine.
18(Source: P.A. 100-1178, eff. 1-18-19.)
 
19    (430 ILCS 68/5-95)
20    Sec. 5-95. Complaints; investigations; hearings.
21    (a) The Illinois State Police Department may investigate
22the actions of any applicant or of any person or persons
23holding or claiming to hold a license or registration under
24this Act.
25    (b) The Illinois State Police Department shall, before

 

 

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1disciplining a licensee under Section 5-85 or refusing to
2issue a certificate of license, at least 30 days before the
3date set for the hearing, (i) notify the accused in writing of
4the charges made and the time and place for the hearing on the
5charges, (ii) direct him or her to file a written answer to the
6charges under oath within 20 days after service, and (iii)
7inform the licensee that failure to answer will result in a
8default being entered against the licensee.
9    (c) At the time and place fixed in the notice, the Director
10or the hearing officer appointed by the Director shall proceed
11to hear the charges, and the parties or their counsel shall be
12accorded ample opportunity to present any pertinent
13statements, testimony, evidence, and arguments. The Director
14or hearing officer may continue the hearing from time to time.
15In case the person, after receiving the notice, fails to file
16an answer, his, her, or its license may, in the discretion of
17the Director, having first received the recommendation of the
18Director, be suspended, revoked, or placed on probationary
19status, or be subject to whatever disciplinary action the
20Director considers proper, including limiting the scope,
21nature, or extent of the person's business, or the imposition
22of a fine, without hearing, if the act or acts charged
23constitute sufficient grounds for that action under this Act.
24    (d) The written notice and any notice in the subsequent
25proceeding may be served by certified mail to the licensee's
26address of record.

 

 

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1    (e) The Director has the authority to appoint any attorney
2licensed to practice law in this State to serve as the hearing
3officer in any action for refusal to issue, restore, or renew a
4license, or to discipline a licensee. The hearing officer has
5full authority to conduct the hearing.
6(Source: P.A. 100-1178, eff. 1-18-19.)
 
7    (430 ILCS 68/5-100)
8    Sec. 5-100. Hearing; rehearing.
9    (a) The Director or the hearing officer authorized by the
10Illinois State Police Department shall hear evidence in
11support of the formal charges and evidence produced by the
12licensee. At the conclusion of the hearing, the Director shall
13prepare a written report of his or her findings of fact,
14conclusions of law, and recommendations. The report shall
15contain a finding of whether the accused person violated this
16Act or failed to comply with the conditions required in this
17Act.
18    (b) At the conclusion of the hearing, a copy of the
19Director's or hearing officer's report shall be served upon
20the licensee by the Illinois State Police Department, either
21personally or as provided in this Act, for the service of a
22notice of hearing. Within 20 calendar days after service, the
23licensee may present to the Illinois State Police Department a
24motion in writing for a rehearing, which shall specify the
25particular grounds for rehearing. The Illinois State Police

 

 

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1Department may respond to the motion for rehearing within 20
2calendar days after its service on the Illinois State Police
3Department. If no motion for rehearing is filed, then upon the
4expiration of the time specified for filing such a motion, or
5upon denial of a motion for rehearing, the Director may enter
6an order in accordance with his or her recommendations or the
7recommendations of the hearing officer. If the licensee orders
8from the reporting service and pays for a transcript of the
9record within the time for filing a motion for rehearing, the
1020-day period within which a motion may be filed shall
11commence upon the delivery of the transcript to the licensee.
12    (c) All proceedings under this Section are matters of
13public record and shall be preserved.
14    (d) The licensee may continue to operate during the course
15of an investigation or hearing, unless the Director finds that
16the public interest, safety, or welfare requires an emergency
17action.
18    (e) Upon the suspension or revocation of a certificate of
19license, the licensee shall surrender the certificate to the
20Illinois State Police Department and, upon failure to do so,
21the Illinois State Police Department shall seize the same.
22However, when the certification of a certified licensee is
23suspended, the certified licensee shall not operate as a
24certified licensee during the period in which the certificate
25is suspended and, if operating during that period, shall be
26operating in violation of subsection (a) of Section 5-15 of

 

 

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1this Act. A person who violates this Section is guilty of a
2Class A misdemeanor for a first violation, and a Class 4 felony
3for a second or subsequent violation. In addition to any other
4penalty provided by law, any person or entity who violates
5this Section shall pay a civil penalty to the Illinois State
6Police Department in an amount not to exceed $2,500 for the
7first violation, and a fine not to exceed $5,000 for a second
8or subsequent violation.
9(Source: P.A. 100-1178, eff. 1-18-19.)
 
10    (430 ILCS 68/5-105)
11    Sec. 5-105. Restoration of certificate of license after
12disciplinary proceedings. At any time after the successful
13completion of a term of probation, suspension, or revocation
14of a certificate of license, the Illinois State Police
15Department may restore it to the licensee, unless, after an
16investigation and a hearing, the Director determines that
17restoration is not in the public interest. No person or entity
18whose certificate of license, card, or authority has been
19revoked as authorized in this Act may apply for restoration of
20that certificate of license, card, or authority until such
21time as provided for in the Civil Administrative Code of
22Illinois.
23(Source: P.A. 100-1178, eff. 1-18-19.)
 
24    (430 ILCS 68/5-110)

 

 

HB3655- 1456 -LRB102 16922 WGH 22334 b

1    Sec. 5-110. Administrative review. All final
2administrative decisions of the Illinois State Police
3Department are subject to judicial review under Article III of
4the Code of Civil Procedure. The term "administrative
5decision" is defined as in Section 3-101 of the Code of Civil
6Procedure. The proceedings for judicial review shall be
7commenced in the circuit court of the county in which the party
8applying for review resides, but if the party is not a resident
9of this State, the venue shall be in Sangamon County. The
10Illinois State Police Department shall not be required to
11certify any record to the court, or file any answer in court,
12or otherwise appear in any court in a judicial review
13proceeding, unless, and until, the Illinois State Police
14Department has received from the plaintiff payment of the
15costs of furnishing and certifying the record, which costs
16shall be determined by the Illinois State Police Department.
17Exhibits shall be certified without cost. Failure on the part
18of the applicant or licensee to file a receipt in court is
19grounds for dismissal of the action.
20(Source: P.A. 100-1178, eff. 1-18-19.)
 
21    (430 ILCS 68/5-115)
22    Sec. 5-115. Prima facie proof.
23    (a) An order or a certified copy thereof, over the seal of
24the Illinois State Police Department and purporting to be
25signed by the Director, is prima facie proof that the

 

 

HB3655- 1457 -LRB102 16922 WGH 22334 b

1signature is that of the Director, and the Director is
2qualified to act.
3    (b) A certified copy of a record of the Illinois State
4Police Department shall, without further proof, be admitted
5into evidence in any legal proceeding, and shall be prima
6facie correct and prima facie evidence of the information
7contained therein.
8(Source: P.A. 100-1178, eff. 1-18-19.)
 
9    (430 ILCS 68/5-120)
10    Sec. 5-120. Federal agencies and investigations. Nothing
11in this Act shall be construed to interfere with any federal
12agency or any federal agency investigation. All Illinois State
13Police Department rules adopted under this Act shall comply
14with federal law. The Illinois State Police Department may as
15necessary coordinate efforts with relevant State and federal
16law enforcement agencies to enforce this Act.
17(Source: P.A. 100-1178, eff. 1-18-19.)
 
18    Section 895. The Humane Euthanasia in Animal Shelters Act
19is amended by changing Sections 35 and 55 as follows:
 
20    (510 ILCS 72/35)
21    Sec. 35. Technician certification; duties.
22    (a) An applicant for certification as a euthanasia
23technician shall file an application with the Department and

 

 

HB3655- 1458 -LRB102 16922 WGH 22334 b

1shall:
2        (1) Be 18 years of age.
3        (2) Be of good moral character. In determining moral
4    character under this Section, the Department may take into
5    consideration whether the applicant has engaged in conduct
6    or activities that would constitute grounds for discipline
7    under this Act.
8        (3) Each applicant for certification as a euthanasia
9    technician shall have his or her fingerprints submitted to
10    the Illinois Department of State Police in an electronic
11    format that complies with the form and manner for
12    requesting and furnishing criminal history record
13    information as prescribed by the Illinois Department of
14    State Police. These fingerprints shall be checked against
15    the Illinois Department of State Police and Federal Bureau
16    of Investigation criminal history record databases now and
17    hereafter filed. The Illinois Department of State Police
18    shall charge applicants a fee for conducting the criminal
19    history records check, which shall be deposited in the
20    State Police Services Fund and shall not exceed the actual
21    cost of the records check. The Illinois Department of
22    State Police shall furnish, pursuant to positive
23    identification, records of Illinois convictions to the
24    Department.
25        (4) Hold a license or certification from the American
26    Humane Association, the National Animal Control

 

 

HB3655- 1459 -LRB102 16922 WGH 22334 b

1    Association, the Illinois Federation of Humane Societies,
2    or the Humane Society of the United States issued within 3
3    years preceding the date of application. Every 5 years a
4    certified euthanasia technician must renew his or her
5    certification with the Department. At the time of renewal,
6    the technician must present proof that he or she attended
7    a class or seminar, administered by the American Humane
8    Association, the National Animal Control Association, the
9    Illinois Federation of Humane Societies, or the Humane
10    Society of the United States, that teaches techniques or
11    guidelines, or both, for humane animal euthanasia.
12        (5) Pay the required fee.
13    (b) The duties of a euthanasia technician shall include
14but are not limited to:
15        (1) preparing animals for euthanasia and scanning each
16    animal, prior to euthanasia, for microchips;
17        (2) accurately recording the dosages administered and
18    the amount of drugs wasted;
19        (3) ordering supplies;
20        (4) maintaining the security of all controlled
21    substances and drugs;
22        (5) humanely euthanizing animals via intravenous
23    injection by hypodermic needle, intraperitoneal injection
24    by hypodermic needle, or intracardiac injection only on
25    comatose animals by hypodermic needle; and
26        (6) properly disposing of euthanized animals after

 

 

HB3655- 1460 -LRB102 16922 WGH 22334 b

1    verification of death.
2    (c) A euthanasia technician employed by a euthanasia
3agency may perform euthanasia by the administration of a
4Schedule II or Schedule III nonnarcotic controlled substance.
5A euthanasia technician may not personally possess, order, or
6administer a controlled substance except as an agent of the
7euthanasia agency.
8    (d) Upon termination from a euthanasia agency, a
9euthanasia technician shall not perform animal euthanasia
10until he or she is employed by another certified euthanasia
11agency.
12    (e) A certified euthanasia technician or an instructor in
13an approved course does not engage in the practice of
14veterinary medicine when performing duties set forth in this
15Act.
16(Source: P.A. 96-780, eff. 8-28-09.)
 
17    (510 ILCS 72/55)
18    Sec. 55. Endorsement. An applicant, who is a euthanasia
19technician registered or licensed under the laws of another
20state or territory of the United States that has requirements
21that are substantially similar to the requirements of this
22Act, may be granted certification as a euthanasia technician
23in this State without examination, upon presenting
24satisfactory proof to the Department that the applicant has
25been engaged in the practice of euthanasia for a period of not

 

 

HB3655- 1461 -LRB102 16922 WGH 22334 b

1less than one year and upon payment of the required fee. In
2addition, an applicant shall have his or her fingerprints
3submitted to the Illinois Department of State Police for
4purposes of a criminal history records check pursuant to
5clause (a)(3) of Section 35.
6(Source: P.A. 92-449, eff. 1-1-02; 93-626, eff. 12-23-03.)
 
7    Section 900. The Wildlife Code is amended by changing
8Section 3.5 as follows:
 
9    (520 ILCS 5/3.5)  (from Ch. 61, par. 3.5)
10    Sec. 3.5. Penalties; probation.
11    (a) Any person who violates any of the provisions of
12Section 2.36a, including administrative rules, shall be guilty
13of a Class 3 felony, except as otherwise provided in
14subsection (b) of this Section and subsection (a) of Section
152.36a.
16    (b) Whenever any person who has not previously been
17convicted of, or placed on probation or court supervision for,
18any offense under Section 1.22, 2.36, or 2.36a or subsection
19(i) or (cc) of Section 2.33, the court may, without entering a
20judgment and with the person's consent, sentence the person to
21probation for a violation of Section 2.36a.
22        (1) When a person is placed on probation, the court
23    shall enter an order specifying a period of probation of
24    24 months and shall defer further proceedings in the case

 

 

HB3655- 1462 -LRB102 16922 WGH 22334 b

1    until the conclusion of the period or until the filing of a
2    petition alleging violation of a term or condition of
3    probation.
4        (2) The conditions of probation shall be that the
5    person:
6            (A) Not violate any criminal statute of any
7        jurisdiction.
8            (B) Perform no less than 30 hours of community
9        service, provided community service is available in
10        the jurisdiction and is funded and approved by the
11        county board.
12        (3) The court may, in addition to other conditions:
13            (A) Require that the person make a report to and
14        appear in person before or participate with the court
15        or courts, person, or social service agency as
16        directed by the court in the order of probation.
17            (B) Require that the person pay a fine and costs.
18            (C) Require that the person refrain from
19        possessing a firearm or other dangerous weapon.
20            (D) Prohibit the person from associating with any
21        person who is actively engaged in any of the
22        activities regulated by the permits issued or
23        privileges granted by the Department of Natural
24        Resources.
25        (4) Upon violation of a term or condition of
26    probation, the court may enter a judgment on its original

 

 

HB3655- 1463 -LRB102 16922 WGH 22334 b

1    finding of guilt and proceed as otherwise provided.
2        (5) Upon fulfillment of the terms and conditions of
3    probation, the court shall discharge the person and
4    dismiss the proceedings against the person.
5        (6) A disposition of probation is considered to be a
6    conviction for the purposes of imposing the conditions of
7    probation, for appeal, and for administrative revocation
8    and suspension of licenses and privileges; however,
9    discharge and dismissal under this Section is not a
10    conviction for purposes of disqualification or
11    disabilities imposed by law upon conviction of a crime.
12        (7) Discharge and dismissal under this Section may
13    occur only once with respect to any person.
14        (8) If a person is convicted of an offense under this
15    Act within 5 years subsequent to a discharge and dismissal
16    under this Section, the discharge and dismissal under this
17    Section shall be admissible in the sentencing proceeding
18    for that conviction as a factor in aggravation.
19        (9) The Circuit Clerk shall notify the Illinois
20    Department of State Police of all persons convicted of or
21    placed under probation for violations of Section 2.36a.
22    (c) Any person who violates any of the provisions of
23Sections 2.9, 2.11, 2.16, 2.18, 2.24, 2.25, 2.26, 2.29, 2.30,
242.31, 2.32, 2.33 (except subsections (g), (i), (o), (p), (y),
25and (cc)), 2.33-1, 2.33a, 3.3, 3.4, 3.11 through 3.16, 3.19,
263.20, 3.21 (except subsections (b), (c), (d), (e), (f), (f.5),

 

 

HB3655- 1464 -LRB102 16922 WGH 22334 b

1(g), (h), and (i)), 3.24, 3.25, and 3.26 (except subsection
2(f)), including administrative rules, shall be guilty of a
3Class B misdemeanor.
4    A person who violates Section 2.33b by using any computer
5software or service to remotely control a weapon that takes
6wildlife by remote operation is guilty of a Class B
7misdemeanor. A person who violates Section 2.33b by
8facilitating a violation of Section 2.33b, including an owner
9of land in which remote control hunting occurs, a computer
10programmer who designs a program or software to facilitate
11remote control hunting, or a person who provides weapons or
12equipment to facilitate remote control hunting, is guilty of a
13Class A misdemeanor.
14    Any person who violates any of the provisions of Sections
151.22, 2.2a, 2.3, 2.4, 2.36 and 2.38, including administrative
16rules, shall be guilty of a Class A misdemeanor. Any second or
17subsequent violations of Sections 2.4 and 2.36 shall be a
18Class 4 felony.
19    Any person who violates any of the provisions of this Act,
20including administrative rules, during such period when his
21license, privileges, or permit is revoked or denied by virtue
22of Section 3.36, shall be guilty of a Class A misdemeanor.
23    Any person who violates subsection (g), (i), (o), (p),
24(y), or (cc) of Section 2.33 shall be guilty of a Class A
25misdemeanor and subject to a fine of no less than $500 and no
26more than $5,000 in addition to other statutory penalties. In

 

 

HB3655- 1465 -LRB102 16922 WGH 22334 b

1addition, the Department shall suspend the privileges, under
2this Act, of any person found guilty of violating Section
32.33(cc) for a period of not less than one year.
4    Any person who violates any other of the provisions of
5this Act including administrative rules, unless otherwise
6stated, shall be guilty of a petty offense. Offenses committed
7by minors under the direct control or with the consent of a
8parent or guardian may subject the parent or guardian to the
9penalties prescribed in this Section.
10    In addition to any fines imposed pursuant to the
11provisions of this Section or as otherwise provided in this
12Act, any person found guilty of unlawfully taking or
13possessing any species protected by this Act, shall be
14assessed a civil penalty for such species in accordance with
15the values prescribed in Section 2.36a of this Act. This civil
16penalty shall be imposed by the Circuit Court for the county
17within which the offense was committed at the time of the
18conviction. All penalties provided for in this Section shall
19be remitted to the Department in accordance with the same
20provisions provided for in Section 1.18 of this Act.
21(Source: P.A. 97-431, eff. 8-16-11.)
 
22    Section 910. The Public Private Agreements for the Illiana
23Expressway Act is amended by changing Section 115 as follows:
 
24    (605 ILCS 130/115)

 

 

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1    Sec. 115. Additional powers of the Department with respect
2to the Illiana Expressway.
3    (a) The Department may exercise any powers provided under
4this Act in participation or cooperation with any governmental
5entity and enter into any contracts to facilitate that
6participation or cooperation. The Department shall cooperate
7with other governmental entities under this Act.
8    (b) The Department may make and enter into all contracts
9and agreements necessary or incidental to the performance of
10the Department's duties and the execution of the Department's
11powers under this Act. Except as otherwise required by law,
12these contracts or agreements are not subject to any approvals
13other than the approval of the Department, Governor, or
14federal agencies.
15    (c) The Department may pay the costs incurred under the
16public private agreement entered into under this Act from any
17funds available to the Department for the purpose of the
18Illiana Expressway under this Act or any other statute.
19    (d) The Department or other State agency may not take any
20action that would impair the public private agreement entered
21into under this Act, except as provided by law.
22    (e) The Department may enter into an agreement between and
23among the contractor, the Department, and the Illinois
24Department of State Police concerning the provision of law
25enforcement assistance with respect to the Illiana Expressway
26under this Act.

 

 

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1    (f) The Department is authorized to enter into
2arrangements with the Illinois State Police related to costs
3incurred in providing law enforcement assistance under this
4Act.
5(Source: P.A. 96-913, eff. 6-9-10.)
 
6    Section 915. The Railroad Police Act is amended by
7changing Section 2 as follows:
 
8    (610 ILCS 80/2)  (from Ch. 114, par. 98)
9    Sec. 2. Conductors of all railroad trains, and the captain
10or master of any boat carrying passengers within the
11jurisdiction of this State, are vested with police powers
12while on duty on their respective trains and boats, and may
13wear an appropriate badge indicative of this authority.
14    In the policing of its properties any registered rail
15carrier, as defined in Section 18c-7201 of the Illinois
16Vehicle Code, may provide for the appointment and maintenance
17of a police force to aid and supplement the police forces of
18any municipality in the protection of its property and the
19protection of the persons and property of its passengers and
20employees, or in furtherance of the purposes for which the
21railroad was organized. While engaged in the conduct of their
22employment, the members of the railroad police force have and
23may exercise the same police powers conferred upon any peace
24officer employed by a law enforcement agency of this State,

 

 

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1including the authority to issue administrative citations in
2accordance with the provisions of county or municipal
3ordinances.
4    Any registered rail carrier that appoints and maintains a
5police force shall comply with the following requirements:
6        (1) Establish an internal policy that includes
7    procedures to ensure objective oversight in addressing
8    allegations of abuse of authority or other misconduct on
9    the part of its police officers.
10        (2) Adopt appropriate policies and guidelines for
11    employee investigations by police officers. These policies
12    and guidelines shall provide for initiating employee
13    investigations only under the following conditions:
14            (A) There is reason to believe criminal misconduct
15        has occurred.
16            (B) In response to an employee accident.
17            (C) There is reason to believe that the interview
18        of an employee could result in workplace violence.
19            (D) There is a legitimate concern for the personal
20        safety of one or more employees.
21        These policies and guidelines shall provide for the
22    right of an employee to request a representative to be
23    present during any interview concerning a non-criminal
24    matter.
25        (3) File copies of the policies and guidelines adopted
26    under paragraphs (1) and (2) with the Illinois Law

 

 

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1    Enforcement Training Standards Board, which shall make
2    them available for public inspection. The Board shall
3    review the policies and guidelines, and approve them if
4    they comply with the Act.
5        (4) Appeal of a rail carrier's decision. A person
6    adversely affected or aggrieved by a decision of a rail
7    carrier's internal investigation under this Act may appeal
8    the decision to the Illinois State Police. The appeal
9    shall be filed no later than 90 days after the issuance of
10    the decision. The Illinois State Police shall review the
11    depth, completeness, and objectivity of the rail carrier's
12    investigation, and may conduct its own investigation of
13    the complaint. The Illinois State Police may uphold,
14    overturn, or modify the rail carrier's decision by filing
15    a report of its findings and recommendations with the
16    Illinois Commerce Commission. Consistent with authority
17    under Chapter 18C of the Illinois Vehicle Code and the
18    Commission rules of practice, the Commission shall have
19    the power to conduct evidentiary hearings, make findings,
20    and issue and enforce orders, including sanctions under
21    Section 18c-1704 of the Illinois Vehicle Code.
22    Rulemaking authority to implement this amendatory Act of
23the 95th General Assembly, if any, is conditioned on the rules
24being adopted in accordance with all provisions of the
25Illinois Administrative Procedure Act and all rules and
26procedures of the Joint Committee on Administrative Rules; any

 

 

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1purported rule not so adopted, for whatever reason, is
2unauthorized.
3(Source: P.A. 98-791, eff. 7-25-14; 99-78, eff. 7-20-15.)
 
4    Section 920. The Military Emergency Aircraft Restriction
5Act is amended by changing Section 5 as follows:
 
6    (620 ILCS 10/5)  (from Ch. 15 1/2, par. 183)
7    Sec. 5. Notice of the existence of a state of military
8emergency and of currently prevailing air traffic control
9requirements issued to the Department and to civil and
10military aviation facilities of this State over the Federal
11Interstate Airways Communications System and the State
12emergency fan-out system components of the Civil Air Defense
13Warning Net is sufficient to authorize the Department to
14control non-scheduled civil aircraft movement as provided in
15this Act.
16    The Department may utilize, to the extent of capacity, the
17radio network system of the Illinois State Police, county
18sheriffs' offices and municipal police departments in order to
19assure a reliable and adequate State fan-out communications
20system required for rapid dissemination of notices to airmen
21and civil aviation authorities respecting such aircraft
22movement control as may be required on the part of the
23Department and airport operators and managers during the
24existence of a state of military emergency.

 

 

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1(Source: P.A. 91-357, eff. 7-29-99.)
 
2    Section 930. The Public-Private Agreements for the South
3Suburban Airport Act is amended by changing Section 2-135 as
4follows:
 
5    (620 ILCS 75/2-135)
6    Sec. 2-135. Additional powers of the Department with
7respect to the South Suburban Airport.
8    (a) The Department may exercise any powers provided under
9this Act in participation or cooperation with any governmental
10entity and enter into any contracts to facilitate that
11participation or cooperation. The Department shall cooperate
12with other governmental entities under this Act.
13    (b) The Department may make and enter into all contracts
14and agreements necessary or incidental to the performance of
15the Department's duties and the execution of the Department's
16powers under this Act. Except as otherwise required by law,
17these contracts or agreements are not subject to any approvals
18other than the approval of the Department, Governor, or
19federal agencies and may contain any terms that are considered
20reasonable by the Department and not in conflict with any
21provisions of this Act or other statutes, rules, or laws.
22    (c) The Department may pay the costs incurred under the
23public-private agreement entered into under this Act from any
24funds available to the Department for the purpose of the South

 

 

HB3655- 1472 -LRB102 16922 WGH 22334 b

1Suburban Airport under this Act or any other statute.
2    (d) The Department and other State agencies shall not take
3any action that would impair the public-private agreement
4entered into under this Act, except as provided by law.
5    (e) The Department may enter into an agreement between and
6among the contractor, the Department, and the Illinois
7Department of State Police concerning the provision of law
8enforcement assistance with respect to the South Suburban
9Airport under this Act.
10    (f) The Department is authorized to enter into
11arrangements with the Illinois State Police related to costs
12incurred in providing law enforcement assistance under this
13Act.
14(Source: P.A. 98-109, eff. 7-25-13.)
 
15    Section 935. The Illinois Vehicle Code is amended by
16changing Sections 1-129, 2-116, 2-119, 3-117.1, 3-405, 3-416,
174-107, 4-109, 4-202, 4-203.5, 4-205, 4-206, 4-209, 4-302,
185-102, 5-105, 5-401.2, 5-402.1, 6-106.1, 6-106.1a, 6-107.5,
196-112, 6-402, 6-411, 6-508, 8-115, 11-212, 11-416, 11-501.01,
2011-501.2, 11-501.4-1, 11-501.5, 11-501.6, 11-501.8, 11-501.10,
2111-605.1, 11-907.1, 12-612, 13-109.1, 15-102, 15-112, 15-201,
2215-202, 15-203, 15-305, 16-102, 16-105, 18a-200, 18b-112,
2318c-1702, and 18c-4601 as follows:
 
24    (625 ILCS 5/1-129)  (from Ch. 95 1/2, par. 1-129)

 

 

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1    Sec. 1-129. Identification Number. The numbers and
2letters, if any, on a vehicle or essential part, affixed by its
3manufacturer, the Illinois Secretary of State or the Illinois
4Department of State Police for the purpose of identifying the
5vehicle or essential part, or which is required to be affixed
6to the vehicle or part by federal or state law.
7(Source: P.A. 84-1302; 84-1304.)
 
8    (625 ILCS 5/2-116)  (from Ch. 95 1/2, par. 2-116)
9    Sec. 2-116. Secretary of State Department of Police.
10    (a) The Secretary of State and the officers, inspectors,
11and investigators appointed by him shall cooperate with the
12Illinois State Police and the sheriffs and police in enforcing
13the laws regulating the operation of vehicles and the use of
14the highways.
15    (b) The Secretary of State may provide training and
16education for members of his office in traffic regulation, the
17promotion of traffic safety and the enforcement of laws vested
18in the Secretary of State for administration and enforcement
19regulating the operation of vehicles and the use of the
20highways.
21    (c) The Secretary of State may provide distinctive
22uniforms and badges for officers, inspectors and investigators
23employed in the administration of laws relating to the
24operation of vehicles and the use of the highways and vesting
25the administration and enforcement of such laws in the

 

 

HB3655- 1474 -LRB102 16922 WGH 22334 b

1Secretary of State.
2    (c-5) The Director of the Secretary of State Department of
3Police shall establish a program to allow a Secretary of State
4Police officer, inspector, or investigator who is honorably
5retiring in good standing to purchase either one or both of the
6following: (1) any Secretary of State Department of Police
7badge previously issued to that officer, inspector, or
8investigator; or (2) if the officer, inspector, or
9investigator has a currently valid Firearm Owner's
10Identification Card, the service firearm issued or previously
11issued to the officer, inspector, or investigator by the
12Secretary of State Department of Police. The cost of the
13firearm shall be the replacement value of the firearm and not
14the firearm's fair market value.
15    (d) The Secretary of State Department of Police is
16authorized to:
17        (1) investigate the origins, activities, persons, and
18    incidents of crime and the ways and means, if any, to
19    redress the victims of crimes, and study the impact, if
20    any, of legislation relative to the criminal laws of this
21    State related thereto and conduct any other investigations
22    as may be provided by law;
23        (2) employ skilled experts, technicians,
24    investigators, special agents, or otherwise specially
25    qualified persons to aid in preventing or detecting crime,
26    apprehending criminals, or preparing and presenting

 

 

HB3655- 1475 -LRB102 16922 WGH 22334 b

1    evidence of violations of the criminal laws of the State;
2        (3) cooperate with the police of cities, villages, and
3    incorporated towns, and with the police officers of any
4    county, in enforcing the laws of the State and in making
5    arrests;
6        (4) provide, as may be required by law, assistance to
7    local law enforcement agencies through training,
8    management, and consultant services for local law
9    enforcement agencies, pertaining to law enforcement
10    activities;
11        (5) exercise the rights, powers, and duties which have
12    been vested in it by the Secretary of State Act and this
13    Code; and
14        (6) enforce and administer any other laws in relation
15    to law enforcement as may be vested in the Secretary of
16    State Department of Police.
17    Persons within the Secretary of State Department of Police
18who exercise these powers are conservators of the peace and
19have all the powers possessed by policemen in municipalities
20and sheriffs, and may exercise these powers anywhere in the
21State in cooperation with local law enforcement officials.
22These persons may use false or fictitious names in the
23performance of their duties under this Section, upon approval
24of the Director of Police-Secretary of State, and shall not be
25subject to prosecution under the criminal laws for that use.
26    (e) The Secretary of State Department of Police may

 

 

HB3655- 1476 -LRB102 16922 WGH 22334 b

1charge, collect, and receive fees or moneys equivalent to the
2cost of providing its personnel, equipment, and services to
3governmental agencies when explicitly requested by a
4governmental agency and according to an intergovernmental
5agreement or memorandums of understanding as provided by this
6Section, including but not limited to fees or moneys
7equivalent to the cost of providing training to other
8governmental agencies on terms and conditions that in the
9judgment of the Director of Police-Secretary of State are in
10the best interest of the Secretary of State. All fees received
11by the Secretary of State Police Department under this Act
12shall be deposited in a special fund in the State Treasury to
13be known as the Secretary of State Police Services Fund. The
14money deposited in the Secretary of State Police Services Fund
15shall be appropriated to the Secretary of State Department of
16Police as provided for in subsection (g).
17    (f) The Secretary of State Department of Police may apply
18for grants or contracts and receive, expend, allocate, or
19disburse moneys made available by public or private entities,
20including, but not limited to, contracts, bequests, grants, or
21receiving equipment from corporations, foundations, or public
22or private institutions of higher learning.
23    (g) The Secretary of State Police Services Fund is hereby
24created as a special fund in the State Treasury. All moneys
25received under this Section by the Secretary of State
26Department of Police shall be deposited into the Secretary of

 

 

HB3655- 1477 -LRB102 16922 WGH 22334 b

1State Police Services Fund to be appropriated to the Secretary
2of State Department of Police for purposes as indicated by the
3grantor or contractor or, in the case of moneys bequeathed or
4granted for no specific purpose, for any purpose as deemed
5appropriate by the Director of Police-Secretary of State in
6administering the responsibilities of the Secretary of State
7Department of Police.
8(Source: P.A. 100-931, eff. 8-17-18.)
 
9    (625 ILCS 5/2-119)  (from Ch. 95 1/2, par. 2-119)
10    Sec. 2-119. Disposition of fees and taxes.
11    (a) All moneys received from Salvage Certificates shall be
12deposited in the Common School Fund in the State Treasury.
13    (b) Of the money collected for each certificate of title,
14duplicate certificate of title, and corrected certificate of
15title:
16        (1) $2.60 shall be deposited in the Park and
17    Conservation Fund;
18        (2) $0.65 shall be deposited in the Illinois Fisheries
19    Management Fund;
20        (3) $48 shall be disbursed under subsection (g) of
21    this Section;
22        (4) $4 shall be deposited into the Motor Vehicle
23    License Plate Fund; and
24        (5) $30 shall be deposited into the Capital Projects
25    Fund.

 

 

HB3655- 1478 -LRB102 16922 WGH 22334 b

1    All remaining moneys collected for certificates of title,
2and all moneys collected for filing of security interests,
3shall be deposited in the General Revenue Fund.
4    The $20 collected for each delinquent vehicle registration
5renewal fee shall be deposited into the General Revenue Fund.
6    The moneys deposited in the Park and Conservation Fund
7under this Section shall be used for the acquisition and
8development of bike paths as provided for in Section 805-420
9of the Department of Natural Resources (Conservation) Law of
10the Civil Administrative Code of Illinois. The moneys
11deposited into the Park and Conservation Fund under this
12subsection shall not be subject to administrative charges or
13chargebacks, unless otherwise authorized by this Code.
14    If the balance in the Motor Vehicle License Plate Fund
15exceeds $40,000,000 on the last day of a calendar month, then
16during the next calendar month, the $4 that otherwise would be
17deposited in that fund shall instead be deposited into the
18Road Fund.
19    (c) All moneys collected for that portion of a driver's
20license fee designated for driver education under Section
216-118 shall be placed in the Drivers Education Fund in the
22State Treasury.
23    (d) Of the moneys collected as a registration fee for each
24motorcycle, motor driven cycle, and moped, 27% shall be
25deposited in the Cycle Rider Safety Training Fund.
26    (e) (Blank).

 

 

HB3655- 1479 -LRB102 16922 WGH 22334 b

1    (f) Of the total money collected for a commercial
2learner's permit (CLP) or original or renewal issuance of a
3commercial driver's license (CDL) pursuant to the Uniform
4Commercial Driver's License Act (UCDLA): (i) $6 of the total
5fee for an original or renewal CDL, and $6 of the total CLP fee
6when such permit is issued to any person holding a valid
7Illinois driver's license, shall be paid into the
8CDLIS/AAMVAnet/NMVTIS Trust Fund (Commercial Driver's License
9Information System/American Association of Motor Vehicle
10Administrators network/National Motor Vehicle Title
11Information Service Trust Fund) and shall be used for the
12purposes provided in Section 6z-23 of the State Finance Act
13and (ii) $20 of the total fee for an original or renewal CDL or
14CLP shall be paid into the Motor Carrier Safety Inspection
15Fund, which is hereby created as a special fund in the State
16Treasury, to be used by the Illinois Department of State
17Police, subject to appropriation, to hire additional officers
18to conduct motor carrier safety inspections pursuant to
19Chapter 18b of this Code.
20    (g) Of the moneys received by the Secretary of State as
21registration fees or taxes, certificates of title, duplicate
22certificates of title, corrected certificates of title, or as
23payment of any other fee under this Code, when those moneys are
24not otherwise distributed by this Code, 37% shall be deposited
25into the State Construction Account Fund, and 63% shall be
26deposited in the Road Fund. Moneys in the Road Fund shall be

 

 

HB3655- 1480 -LRB102 16922 WGH 22334 b

1used for the purposes provided in Section 8.3 of the State
2Finance Act.
3    (h) (Blank).
4    (i) (Blank).
5    (j) (Blank).
6    (k) There is created in the State Treasury a special fund
7to be known as the Secretary of State Special License Plate
8Fund. Money deposited into the Fund shall, subject to
9appropriation, be used by the Office of the Secretary of State
10(i) to help defray plate manufacturing and plate processing
11costs for the issuance and, when applicable, renewal of any
12new or existing registration plates authorized under this Code
13and (ii) for grants made by the Secretary of State to benefit
14Illinois Veterans Home libraries.
15    (l) The Motor Vehicle Review Board Fund is created as a
16special fund in the State Treasury. Moneys deposited into the
17Fund under paragraph (7) of subsection (b) of Section 5-101
18and Section 5-109 shall, subject to appropriation, be used by
19the Office of the Secretary of State to administer the Motor
20Vehicle Review Board, including without limitation payment of
21compensation and all necessary expenses incurred in
22administering the Motor Vehicle Review Board under the Motor
23Vehicle Franchise Act.
24    (m) Effective July 1, 1996, there is created in the State
25Treasury a special fund to be known as the Family
26Responsibility Fund. Moneys deposited into the Fund shall,

 

 

HB3655- 1481 -LRB102 16922 WGH 22334 b

1subject to appropriation, be used by the Office of the
2Secretary of State for the purpose of enforcing the Family
3Financial Responsibility Law.
4    (n) The Illinois Fire Fighters' Memorial Fund is created
5as a special fund in the State Treasury. Moneys deposited into
6the Fund shall, subject to appropriation, be used by the
7Office of the State Fire Marshal for construction of the
8Illinois Fire Fighters' Memorial to be located at the State
9Capitol grounds in Springfield, Illinois. Upon the completion
10of the Memorial, moneys in the Fund shall be used in accordance
11with Section 3-634.
12    (o) Of the money collected for each certificate of title
13for all-terrain vehicles and off-highway motorcycles, $17
14shall be deposited into the Off-Highway Vehicle Trails Fund.
15    (p) For audits conducted on or after July 1, 2003 pursuant
16to Section 2-124(d) of this Code, 50% of the money collected as
17audit fees shall be deposited into the General Revenue Fund.
18(Source: P.A. 98-176 (See Section 10 of P.A. 98-722 and
19Section 10 of P.A. 99-414 for the effective date of changes
20made by P.A. 98-176); 98-177, eff. 1-1-14; 98-756, eff.
217-16-14; 99-127, eff. 1-1-16; 99-933, eff. 1-27-17.)
 
22    (625 ILCS 5/3-117.1)  (from Ch. 95 1/2, par. 3-117.1)
23    Sec. 3-117.1. When junking certificates or salvage
24certificates must be obtained.
25    (a) Except as provided in Chapter 4 and Section 3-117.3 of

 

 

HB3655- 1482 -LRB102 16922 WGH 22334 b

1this Code, a person who possesses a junk vehicle shall within
215 days cause the certificate of title, salvage certificate,
3certificate of purchase, or a similarly acceptable
4out-of-state document of ownership to be surrendered to the
5Secretary of State along with an application for a junking
6certificate, except as provided in Section 3-117.2, whereupon
7the Secretary of State shall issue to such a person a junking
8certificate, which shall authorize the holder thereof to
9possess, transport, or, by an endorsement, transfer ownership
10in such junked vehicle, and a certificate of title shall not
11again be issued for such vehicle. The owner of a junk vehicle
12is not required to surrender the certificate of title under
13this subsection if (i) there is no lienholder on the
14certificate of title or (ii) the owner of the junk vehicle has
15a valid lien release from the lienholder releasing all
16interest in the vehicle and the owner applying for the junk
17certificate matches the current record on the certificate of
18title file for the vehicle.
19    A licensee who possesses a junk vehicle and a Certificate
20of Title, Salvage Certificate, Certificate of Purchase, or a
21similarly acceptable out-of-state document of ownership for
22such junk vehicle, may transport the junk vehicle to another
23licensee prior to applying for or obtaining a junking
24certificate, by executing a uniform invoice. The licensee
25transferor shall furnish a copy of the uniform invoice to the
26licensee transferee at the time of transfer. In any case, the

 

 

HB3655- 1483 -LRB102 16922 WGH 22334 b

1licensee transferor shall apply for a junking certificate in
2conformance with Section 3-117.1 of this Chapter. The
3following information shall be contained on a uniform invoice:
4        (1) The business name, address and dealer license
5    number of the person disposing of the vehicle, junk
6    vehicle or vehicle cowl;
7        (2) The name and address of the person acquiring the
8    vehicle, junk vehicle or vehicle cowl, and if that person
9    is a dealer, the Illinois or out-of-state dealer license
10    number of that dealer;
11        (3) The date of the disposition of the vehicle, junk
12    vehicle or vehicle cowl;
13        (4) The year, make, model, color and description of
14    each vehicle, junk vehicle or vehicle cowl disposed of by
15    such person;
16        (5) The manufacturer's vehicle identification number,
17    Secretary of State identification number or Illinois
18    Department of State Police number, for each vehicle, junk
19    vehicle or vehicle cowl part disposed of by such person;
20        (6) The printed name and legible signature of the
21    person or agent disposing of the vehicle, junk vehicle or
22    vehicle cowl; and
23        (7) The printed name and legible signature of the
24    person accepting delivery of the vehicle, junk vehicle or
25    vehicle cowl.
26    The Secretary of State may certify a junking manifest in a

 

 

HB3655- 1484 -LRB102 16922 WGH 22334 b

1form prescribed by the Secretary of State that reflects those
2vehicles for which junking certificates have been applied or
3issued. A junking manifest may be issued to any person and it
4shall constitute evidence of ownership for the vehicle listed
5upon it. A junking manifest may be transferred only to a person
6licensed under Section 5-301 of this Code as a scrap
7processor. A junking manifest will allow the transportation of
8those vehicles to a scrap processor prior to receiving the
9junk certificate from the Secretary of State.
10    (b) An application for a salvage certificate shall be
11submitted to the Secretary of State in any of the following
12situations:
13        (1) When an insurance company makes a payment of
14    damages on a total loss claim for a vehicle, the insurance
15    company shall be deemed to be the owner of such vehicle and
16    the vehicle shall be considered to be salvage except that
17    ownership of (i) a vehicle that has incurred only hail
18    damage that does not affect the operational safety of the
19    vehicle or (ii) any vehicle 9 model years of age or older
20    may, by agreement between the registered owner and the
21    insurance company, be retained by the registered owner of
22    such vehicle. The insurance company shall promptly deliver
23    or mail within 20 days the certificate of title along with
24    proper application and fee to the Secretary of State, and
25    a salvage certificate shall be issued in the name of the
26    insurance company. Notwithstanding the foregoing, an

 

 

HB3655- 1485 -LRB102 16922 WGH 22334 b

1    insurer making payment of damages on a total loss claim
2    for the theft of a vehicle shall not be required to apply
3    for a salvage certificate unless the vehicle is recovered
4    and has incurred damage that initially would have caused
5    the vehicle to be declared a total loss by the insurer.
6        (1.1) When a vehicle of a self-insured company is to
7    be sold in the State of Illinois and has sustained damaged
8    by collision, fire, theft, rust corrosion, or other means
9    so that the self-insured company determines the vehicle to
10    be a total loss, or if the cost of repairing the damage,
11    including labor, would be greater than 70% of its fair
12    market value without that damage, the vehicle shall be
13    considered salvage. The self-insured company shall
14    promptly deliver the certificate of title along with
15    proper application and fee to the Secretary of State, and
16    a salvage certificate shall be issued in the name of the
17    self-insured company. A self-insured company making
18    payment of damages on a total loss claim for the theft of a
19    vehicle may exchange the salvage certificate for a
20    certificate of title if the vehicle is recovered without
21    damage. In such a situation, the self-insured shall fill
22    out and sign a form prescribed by the Secretary of State
23    which contains an affirmation under penalty of perjury
24    that the vehicle was recovered without damage and the
25    Secretary of State may, by rule, require photographs to be
26    submitted.

 

 

HB3655- 1486 -LRB102 16922 WGH 22334 b

1        (2) When a vehicle the ownership of which has been
2    transferred to any person through a certificate of
3    purchase from acquisition of the vehicle at an auction,
4    other dispositions as set forth in Sections 4-208 and
5    4-209 of this Code, or a lien arising under Section
6    18a-501 of this Code shall be deemed salvage or junk at the
7    option of the purchaser. The person acquiring such vehicle
8    in such manner shall promptly deliver or mail, within 20
9    days after the acquisition of the vehicle, the certificate
10    of purchase, the proper application and fee, and, if the
11    vehicle is an abandoned mobile home under the Abandoned
12    Mobile Home Act, a certification from a local law
13    enforcement agency that the vehicle was purchased or
14    acquired at a public sale under the Abandoned Mobile Home
15    Act to the Secretary of State and a salvage certificate or
16    junking certificate shall be issued in the name of that
17    person. The salvage certificate or junking certificate
18    issued by the Secretary of State under this Section shall
19    be free of any lien that existed against the vehicle prior
20    to the time the vehicle was acquired by the applicant
21    under this Code.
22        (3) A vehicle which has been repossessed by a
23    lienholder shall be considered to be salvage only when the
24    repossessed vehicle, on the date of repossession by the
25    lienholder, has sustained damage by collision, fire,
26    theft, rust corrosion, or other means so that the cost of

 

 

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1    repairing such damage, including labor, would be greater
2    than 33 1/3% of its fair market value without such damage.
3    If the lienholder determines that such vehicle is damaged
4    in excess of 33 1/3% of such fair market value, the
5    lienholder shall, before sale, transfer or assignment of
6    the vehicle, make application for a salvage certificate,
7    and shall submit with such application the proper fee and
8    evidence of possession. If the facts required to be shown
9    in subsection (f) of Section 3-114 are satisfied, the
10    Secretary of State shall issue a salvage certificate in
11    the name of the lienholder making the application. In any
12    case wherein the vehicle repossessed is not damaged in
13    excess of 33 1/3% of its fair market value, the lienholder
14    shall comply with the requirements of subsections (f),
15    (f-5), and (f-10) of Section 3-114, except that the
16    affidavit of repossession made by or on behalf of the
17    lienholder shall also contain an affirmation under penalty
18    of perjury that the vehicle on the date of sale is not
19    damaged in excess of 33 1/3% of its fair market value. If
20    the facts required to be shown in subsection (f) of
21    Section 3-114 are satisfied, the Secretary of State shall
22    issue a certificate of title as set forth in Section 3-116
23    of this Code. The Secretary of State may by rule or
24    regulation require photographs to be submitted.
25        (4) A vehicle which is a part of a fleet of more than 5
26    commercial vehicles registered in this State or any other

 

 

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1    state or registered proportionately among several states
2    shall be considered to be salvage when such vehicle has
3    sustained damage by collision, fire, theft, rust,
4    corrosion or similar means so that the cost of repairing
5    such damage, including labor, would be greater than 33
6    1/3% of the fair market value of the vehicle without such
7    damage. If the owner of a fleet vehicle desires to sell,
8    transfer, or assign his interest in such vehicle to a
9    person within this State other than an insurance company
10    licensed to do business within this State, and the owner
11    determines that such vehicle, at the time of the proposed
12    sale, transfer or assignment is damaged in excess of 33
13    1/3% of its fair market value, the owner shall, before
14    such sale, transfer or assignment, make application for a
15    salvage certificate. The application shall contain with it
16    evidence of possession of the vehicle. If the fleet
17    vehicle at the time of its sale, transfer, or assignment
18    is not damaged in excess of 33 1/3% of its fair market
19    value, the owner shall so state in a written affirmation
20    on a form prescribed by the Secretary of State by rule or
21    regulation. The Secretary of State may by rule or
22    regulation require photographs to be submitted. Upon sale,
23    transfer or assignment of the fleet vehicle the owner
24    shall mail the affirmation to the Secretary of State.
25        (5) A vehicle that has been submerged in water to the
26    point that rising water has reached over the door sill and

 

 

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1    has entered the passenger or trunk compartment is a "flood
2    vehicle". A flood vehicle shall be considered to be
3    salvage only if the vehicle has sustained damage so that
4    the cost of repairing the damage, including labor, would
5    be greater than 33 1/3% of the fair market value of the
6    vehicle without that damage. The salvage certificate
7    issued under this Section shall indicate the word "flood",
8    and the word "flood" shall be conspicuously entered on
9    subsequent titles for the vehicle. A person who possesses
10    or acquires a flood vehicle that is not damaged in excess
11    of 33 1/3% of its fair market value shall make application
12    for title in accordance with Section 3-116 of this Code,
13    designating the vehicle as "flood" in a manner prescribed
14    by the Secretary of State. The certificate of title issued
15    shall indicate the word "flood", and the word "flood"
16    shall be conspicuously entered on subsequent titles for
17    the vehicle.
18        (6) When any licensed rebuilder, repairer, new or used
19    vehicle dealer, or remittance agent has submitted an
20    application for title to a vehicle (other than an
21    application for title to a rebuilt vehicle) that he or she
22    knows or reasonably should have known to have sustained
23    damages in excess of 33 1/3% of the vehicle's fair market
24    value without that damage; provided, however, that any
25    application for a salvage certificate for a vehicle
26    recovered from theft and acquired from an insurance

 

 

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1    company shall be made as required by paragraph (1) of this
2    subsection (b).
3    (c) Any person who without authority acquires, sells,
4exchanges, gives away, transfers or destroys or offers to
5acquire, sell, exchange, give away, transfer or destroy the
6certificate of title to any vehicle which is a junk or salvage
7vehicle shall be guilty of a Class 3 felony.
8    (d) Except as provided under subsection (a), any person
9who knowingly fails to surrender to the Secretary of State a
10certificate of title, salvage certificate, certificate of
11purchase or a similarly acceptable out-of-state document of
12ownership as required under the provisions of this Section is
13guilty of a Class A misdemeanor for a first offense and a Class
144 felony for a subsequent offense; except that a person
15licensed under this Code who violates paragraph (5) of
16subsection (b) of this Section is guilty of a business offense
17and shall be fined not less than $1,000 nor more than $5,000
18for a first offense and is guilty of a Class 4 felony for a
19second or subsequent violation.
20    (e) Any vehicle which is salvage or junk may not be driven
21or operated on roads and highways within this State. A
22violation of this subsection is a Class A misdemeanor. A
23salvage vehicle displaying valid special plates issued under
24Section 3-601(b) of this Code, which is being driven to or from
25an inspection conducted under Section 3-308 of this Code, is
26exempt from the provisions of this subsection. A salvage

 

 

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1vehicle for which a short term permit has been issued under
2Section 3-307 of this Code is exempt from the provisions of
3this subsection for the duration of the permit.
4(Source: P.A. 100-104, eff. 11-9-17; 100-956, eff. 1-1-19;
5100-1083, eff. 1-1-19; 101-81, eff. 7-12-19.)
 
6    (625 ILCS 5/3-405)  (from Ch. 95 1/2, par. 3-405)
7    Sec. 3-405. Application for registration.
8    (a) Every owner of a vehicle subject to registration under
9this Code shall make application to the Secretary of State for
10the registration of such vehicle upon the appropriate form or
11forms furnished by the Secretary. Every such application shall
12bear the signature of the owner written with pen and ink and
13contain:
14        1. The name, domicile address, as defined in Section
15    1-115.5 of this Code, (except as otherwise provided in
16    this paragraph 1), mail address of the owner or business
17    address of the owner if a firm, association, or
18    corporation, and, if available, email address of the
19    owner. If the mailing address is a post office box number,
20    the address listed on the driver license record may be
21    used to verify residence. A police officer, a deputy
22    sheriff, an elected sheriff, a law enforcement officer for
23    the Illinois Department of State Police, a fire
24    investigator, a state's attorney, an assistant state's
25    attorney, a state's attorney special investigator, or a

 

 

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1    judicial officer may elect to furnish the address of the
2    headquarters of the governmental entity, police district,
3    or business address where he or she works instead of his or
4    her domicile address, in which case that address shall be
5    deemed to be his or her domicile address for all purposes
6    under this Chapter 3. The spouse and children of a person
7    who may elect under this paragraph 1 to furnish the
8    address of the headquarters of the government entity,
9    police district, or business address where the person
10    works instead of the person's domicile address may, if
11    they reside with that person, also elect to furnish the
12    address of the headquarters of the government entity,
13    police district, or business address where the person
14    works as their domicile address, in which case that
15    address shall be deemed to be their domicile address for
16    all purposes under this Chapter 3. In this paragraph 1:
17    (A) "police officer" has the meaning ascribed to
18    "policeman" in Section 10-3-1 of the Illinois Municipal
19    Code; (B) "deputy sheriff" means a deputy sheriff
20    appointed under Section 3-6008 of the Counties Code; (C)
21    "elected sheriff" means a sheriff commissioned pursuant to
22    Section 3-6001 of the Counties Code; (D) "fire
23    investigator" means a person classified as a peace officer
24    under the Peace Officer Fire Investigation Act; (E)
25    "state's attorney", "assistant state's attorney", and
26    "state's attorney special investigator" mean a state's

 

 

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1    attorney, assistant state's attorney, and state's attorney
2    special investigator commissioned or appointed under
3    Division 3-9 of the Counties Code; and (F) "judicial
4    officer" has the meaning ascribed to it in Section 1-10 of
5    the Judicial Privacy Act.
6        2. A description of the vehicle, including such
7    information as is required in an application for a
8    certificate of title, determined under such standard
9    rating as may be prescribed by the Secretary.
10        3. (Blank).
11        4. Such further information as may reasonably be
12    required by the Secretary to enable him to determine
13    whether the vehicle is lawfully entitled to registration
14    and the owner entitled to a certificate of title.
15        5. An affirmation by the applicant that all
16    information set forth is true and correct. If the
17    application is for the registration of a motor vehicle,
18    the applicant also shall affirm that the motor vehicle is
19    insured as required by this Code, that such insurance will
20    be maintained throughout the period for which the motor
21    vehicle shall be registered, and that neither the owner,
22    nor any person operating the motor vehicle with the
23    owner's permission, shall operate the motor vehicle unless
24    the required insurance is in effect. If the person signing
25    the affirmation is not the sole owner of the vehicle, such
26    person shall be deemed to have affirmed on behalf of all

 

 

HB3655- 1494 -LRB102 16922 WGH 22334 b

1    the owners of the vehicle. If the person signing the
2    affirmation is not an owner of the vehicle, such person
3    shall be deemed to have affirmed on behalf of the owner or
4    owners of the vehicle. The lack of signature on the
5    application shall not in any manner exempt the owner or
6    owners from any provisions, requirements or penalties of
7    this Code.
8    (b) When such application refers to a new vehicle
9purchased from a dealer the application shall be accompanied
10by a Manufacturer's Statement of Origin from the dealer, and a
11statement showing any lien retained by the dealer.
12(Source: P.A. 100-145, eff. 1-1-18.)
 
13    (625 ILCS 5/3-416)  (from Ch. 95 1/2, par. 3-416)
14    Sec. 3-416. Notice of change of address or name.
15    (a) Whenever any person after making application for or
16obtaining the registration of a vehicle shall move from the
17address named in the application or shown upon a registration
18card such person shall within 10 days thereafter notify the
19Secretary of State of his or her old and new address.
20    (a-5) A police officer, a deputy sheriff, an elected
21sheriff, a law enforcement officer for the Illinois Department
22of State Police, or a fire investigator who, in accordance
23with Section 3-405, has furnished the address of the office of
24the headquarters of the governmental entity or police district
25where he or she works instead of his or her domicile address

 

 

HB3655- 1495 -LRB102 16922 WGH 22334 b

1shall, within 10 days after he or she is no longer employed by
2that governmental entity or police district as a police
3officer, a deputy sheriff, an elected sheriff, a law
4enforcement officer for the Illinois Department of State
5Police or a fire investigator, notify the Secretary of State
6of the old address and his or her new address. If, in
7accordance with Section 3-405, the spouse and children of a
8police officer, deputy sheriff, elected sheriff, law
9enforcement officer for the Illinois Department of State
10Police, or fire investigator have furnished the address of the
11office of the headquarters of the governmental entity or
12police district where the police officer, deputy sheriff,
13elected sheriff, law enforcement officer for the Illinois
14Department of State Police, or fire investigator works instead
15of their domicile address, the spouse and children shall
16notify the Secretary of State of their old address and new
17address within 10 days after the police officer, deputy
18sheriff, elected sheriff, law enforcement officer for the
19Illinois Department of State Police, or fire investigator is
20no longer employed by that governmental entity or police
21district as a police officer, deputy sheriff, elected sheriff,
22law enforcement officer for the Illinois Department of State
23Police, or fire investigator.
24    (b) Whenever the name of any person who has made
25application for or obtained the registration of a vehicle is
26thereafter changed by marriage or otherwise such person shall

 

 

HB3655- 1496 -LRB102 16922 WGH 22334 b

1within 10 days notify the Secretary of State of such former and
2new name.
3    (c) In either event, any such person may obtain a
4corrected registration card or certificate of title upon
5application and payment of the statutory fee.
6(Source: P.A. 94-239, eff. 1-1-06; 95-207, eff. 1-1-08.)
 
7    (625 ILCS 5/4-107)  (from Ch. 95 1/2, par. 4-107)
8    Sec. 4-107. Stolen, converted, recovered and unclaimed
9vehicles.
10    (a) Every Sheriff, Superintendent of police, Chief of
11police or other police officer in command of any Police
12department in any City, Village or Town of the State, shall, by
13the fastest means of communications available to his law
14enforcement agency, immediately report to the Illinois State
15Police, in Springfield, Illinois, the theft or recovery of any
16stolen or converted vehicle within his district or
17jurisdiction. The report shall give the date of theft,
18description of the vehicle including color, year of
19manufacture, manufacturer's trade name, manufacturer's series
20name, body style, vehicle identification number and license
21registration number, including the state in which the license
22was issued and the year of issuance, together with the name,
23residence address, business address, and telephone number of
24the owner. The report shall be routed by the originating law
25enforcement agency through the Illinois State Police District

 

 

HB3655- 1497 -LRB102 16922 WGH 22334 b

1in which such agency is located.
2    (b) A registered owner or a lienholder may report the
3theft by conversion of a vehicle, to the Illinois State
4Police, or any other police department or Sheriff's office.
5Such report will be accepted as a report of theft and processed
6only if a formal complaint is on file and a warrant issued.
7    (c) An operator of a place of business for garaging,
8repairing, parking or storing vehicles for the public, in
9which a vehicle remains unclaimed, after being left for the
10purpose of garaging, repairing, parking or storage, for a
11period of 15 days, shall, within 5 days after the expiration of
12that period, report the vehicle as unclaimed to the municipal
13police when the vehicle is within the corporate limits of any
14City, Village or incorporated Town, or the County Sheriff, or
15State Police when the vehicle is outside the corporate limits
16of a City, Village or incorporated Town. This Section does not
17apply to any vehicle:
18        (1) removed to a place of storage by a law enforcement
19    agency having jurisdiction, in accordance with Sections
20    4-201 and 4-203 of this Act; or
21        (2) left under a garaging, repairing, parking, or
22    storage order signed by the owner, lessor, or other
23    legally entitled person.
24    Failure to comply with this Section will result in the
25forfeiture of storage fees for that vehicle involved.
26    (d) The Illinois State Police shall keep a complete record

 

 

HB3655- 1498 -LRB102 16922 WGH 22334 b

1of all reports filed under this Section of the Act. Upon
2receipt of such report, a careful search shall be made of the
3records of the office of the Illinois State Police, and where
4it is found that a vehicle reported recovered was stolen in a
5County, City, Village or Town other than the County, City,
6Village or Town in which it is recovered, the Illinois State
7Police shall immediately notify the Sheriff, Superintendent of
8police, Chief of police, or other police officer in command of
9the Sheriff's office or Police department of the County, City,
10Village or Town in which the vehicle was originally reported
11stolen, giving complete data as to the time and place of
12recovery.
13    (e) Notification of the theft or conversion of a vehicle
14will be furnished to the Secretary of State by the Illinois
15State Police. The Secretary of State shall place the proper
16information in the license registration and title registration
17files to indicate the theft or conversion of a motor vehicle or
18other vehicle. Notification of the recovery of a vehicle
19previously reported as a theft or a conversion will be
20furnished to the Secretary of State by the Illinois State
21Police. The Secretary of State shall remove the proper
22information from the license registration and title
23registration files that has previously indicated the theft or
24conversion of a vehicle. The Secretary of State shall suspend
25the registration of a vehicle upon receipt of a report from the
26Illinois State Police that such vehicle was stolen or

 

 

HB3655- 1499 -LRB102 16922 WGH 22334 b

1converted.
2    (f) When the Secretary of State receives an application
3for a certificate of title or an application for registration
4of a vehicle and it is determined from the records of the
5office of the Secretary of State that such vehicle has been
6reported stolen or converted, the Secretary of State shall
7immediately notify the Illinois State Police or the Secretary
8of State Department of Police and shall give the Illinois
9State Police or the Secretary of State Department of Police
10the name and address of the person or firm titling or
11registering the vehicle, together with all other information
12contained in the application submitted by such person or firm.
13If the Secretary of State Department of Police receives
14notification under this subsection (f), it shall conduct an
15investigation concerning the identity of the registered owner
16of the stolen or converted vehicle.
17    (g) During the usual course of business the manufacturer
18of any vehicle shall place an original manufacturer's vehicle
19identification number on all such vehicles manufactured and on
20any part of such vehicles requiring an identification number.
21    (h) Except provided in subsection (h-1), if a
22manufacturer's vehicle identification number is missing or has
23been removed, changed or mutilated on any vehicle, or any part
24of such vehicle requiring an identification number, the
25Illinois State Police or the Secretary of State Department of
26Police shall restore, restamp or reaffix the vehicle

 

 

HB3655- 1500 -LRB102 16922 WGH 22334 b

1identification number plate, or affix a new plate bearing the
2original manufacturer's vehicle identification number on each
3such vehicle and on all necessary parts of the vehicles. A
4vehicle identification number so affixed, restored, restamped,
5reaffixed or replaced is not falsified, altered or forged
6within the meaning of this Act.
7    (h-1) A person engaged in the repair or servicing of
8vehicles may reaffix a manufacturer's identification number
9plate on the same damaged vehicle from which it was originally
10removed, if the person reaffixes the original manufacturer's
11identification number plate in place of the identification
12number plate affixed on a new dashboard that has been
13installed in the vehicle. The person must notify the Secretary
14of State each time the original manufacturer's identification
15number plate is reaffixed on a vehicle. The person must keep a
16record indicating that the identification number plate affixed
17on the new dashboard has been removed and has been replaced by
18the manufacturer's identification number plate originally
19affixed on the vehicle. The person also must keep a record
20regarding the status and location of the identification number
21plate removed from the replacement dashboard. The Secretary
22shall adopt rules for implementing this subsection (h-1).
23    (h-2) The owner of a vehicle repaired under subsection
24(h-1) must, within 90 days of the date of the repairs, contact
25an officer of the Illinois State Police Vehicle Inspection
26Bureau and arrange for an inspection of the vehicle, by the

 

 

HB3655- 1501 -LRB102 16922 WGH 22334 b

1officer or the officer's designee, at a mutually agreed upon
2date and location.
3    (i) If a vehicle or part of any vehicle is found to have
4the manufacturer's identification number removed, altered,
5defaced or destroyed, the vehicle or part shall be seized by
6any law enforcement agency having jurisdiction and held for
7the purpose of identification. In the event that the
8manufacturer's identification number of a vehicle or part
9cannot be identified, the vehicle or part shall be considered
10contraband, and no right of property shall exist in any person
11owning, leasing or possessing such property, unless the person
12owning, leasing or possessing the vehicle or part acquired
13such without knowledge that the manufacturer's vehicle
14identification number has been removed, altered, defaced,
15falsified or destroyed.
16    Either the seizing law enforcement agency or the State's
17Attorney of the county where the seizure occurred may make an
18application for an order of forfeiture to the circuit court in
19the county of seizure. The application for forfeiture shall be
20independent from any prosecution arising out of the seizure
21and is not subject to any final determination of such
22prosecution. The circuit court shall issue an order forfeiting
23the property to the seizing law enforcement agency if the
24court finds that the property did not at the time of seizure
25possess a valid manufacturer's identification number and that
26the original manufacturer's identification number cannot be

 

 

HB3655- 1502 -LRB102 16922 WGH 22334 b

1ascertained. The seizing law enforcement agency may:
2        (1) retain the forfeited property for official use; or
3        (2) sell the forfeited property and distribute the
4    proceeds in accordance with Section 4-211 of this Code, or
5    dispose of the forfeited property in such manner as the
6    law enforcement agency deems appropriate.
7    (i-1) If a motorcycle is seized under subsection (i), the
8motorcycle must be returned within 45 days of the date of
9seizure to the person from whom it was seized, unless (i)
10criminal charges are pending against that person or (ii) an
11application for an order of forfeiture has been submitted to
12the circuit in the county of seizure or (iii) the circuit court
13in the county of seizure has received from the seizing law
14enforcement agency and has granted a petition to extend, for a
15single 30 day period, the 45 days allowed for return of the
16motorcycle. Except as provided in subsection (i-2), a
17motorcycle returned to the person from whom it was seized must
18be returned in essentially the same condition it was in at the
19time of seizure.
20    (i-2) If any part or parts of a motorcycle seized under
21subsection (i) are found to be stolen and are removed, the
22seizing law enforcement agency is not required to replace the
23part or parts before returning the motorcycle to the person
24from whom it was seized.
25    (j) The Illinois State Police or the Secretary of State
26Department of Police shall notify the Secretary of State each

 

 

HB3655- 1503 -LRB102 16922 WGH 22334 b

1time a manufacturer's vehicle identification number is
2affixed, reaffixed, restored or restamped on any vehicle. The
3Secretary of State shall make the necessary changes or
4corrections in his records, after the proper applications and
5fees have been submitted, if applicable.
6    (k) Any vessel, vehicle or aircraft used with knowledge
7and consent of the owner in the commission of, or in the
8attempt to commit as defined in Section 8-4 of the Criminal
9Code of 2012, an offense prohibited by Section 4-103 of this
10Chapter, including transporting of a stolen vehicle or stolen
11vehicle parts, shall be seized by any law enforcement agency.
12The seizing law enforcement agency may:
13        (1) return the vehicle to its owner if such vehicle is
14    stolen; or
15        (2) confiscate the vehicle and retain it for any
16    purpose which the law enforcement agency deems
17    appropriate; or
18        (3) sell the vehicle at a public sale or dispose of the
19    vehicle in such other manner as the law enforcement agency
20    deems appropriate.
21    If the vehicle is sold at public sale, the proceeds of the
22sale shall be paid to the law enforcement agency.
23    The law enforcement agency shall not retain, sell or
24dispose of a vehicle under paragraphs (2) or (3) of this
25subsection (k) except upon an order of forfeiture issued by
26the circuit court. The circuit court may issue such order of

 

 

HB3655- 1504 -LRB102 16922 WGH 22334 b

1forfeiture upon application of the law enforcement agency or
2State's Attorney of the county where the law enforcement
3agency has jurisdiction, or in the case of the Illinois
4Department of State Police or the Secretary of State, upon
5application of the Attorney General.
6    The court shall issue the order if the owner of the vehicle
7has been convicted of transporting stolen vehicles or stolen
8vehicle parts and the evidence establishes that the owner's
9vehicle has been used in the commission of such offense.
10    The provisions of subsection (k) of this Section shall not
11apply to any vessel, vehicle or aircraft, which has been
12leased, rented or loaned by its owner, if the owner did not
13have knowledge of and consent to the use of the vessel, vehicle
14or aircraft in the commission of, or in an attempt to commit,
15an offense prohibited by Section 4-103 of this Chapter.
16(Source: P.A. 100-956, eff. 1-1-19.)
 
17    (625 ILCS 5/4-109)
18    Sec. 4-109. Motor Vehicle Theft Prevention Program. The
19Secretary of State, in conjunction with the Motor Vehicle
20Theft Prevention and Insurance Verification Council, is hereby
21authorized to establish and operate a Motor Vehicle Theft
22Prevention Program as follows:
23    (a) Voluntary program participation.
24    (b) The registered owner of a motor vehicle interested in
25participating in the program shall sign an informed consent

 

 

HB3655- 1505 -LRB102 16922 WGH 22334 b

1agreement designed by the Secretary of State under subsection
2(e) of this Section indicating that the motor vehicle
3registered to him is not normally operated between the hours
4of 1:00 a.m. and 5:00 a.m. The form and fee, if any, shall be
5submitted to the Secretary of State for processing.
6    (c) Upon processing the form, the Secretary of State shall
7issue to the registered owner a decal. The registered owner
8shall affix the decal in a conspicuous place on his motor
9vehicle as prescribed by the Secretary of State.
10    (d) Whenever any law enforcement officer shall see a motor
11vehicle displaying a decal issued under the provisions of
12subsection (c) of this Section being operated upon the public
13highways of this State between the hours of 1:00 a.m. and 5:00
14a.m., the officer is authorized to stop that motor vehicle and
15to request the driver to produce a valid driver's license and
16motor vehicle registration card if required to be carried in
17the vehicle. Whenever the operator of a motor vehicle
18displaying a decal is unable to produce the documentation set
19forth in this Section, the police officer shall investigate
20further to determine if the person operating the motor vehicle
21is the registered owner or has the authorization of the owner
22to operate the vehicle.
23    (e) The Secretary of State, in consultation with the
24Director of the Illinois Department of State Police and Motor
25Vehicle Theft Prevention and Insurance Verification Council,
26shall design the manner and form of the informed consent

 

 

HB3655- 1506 -LRB102 16922 WGH 22334 b

1agreement required under subsection (b) of this Section and
2the decal required under subsection (c) of this Section.
3    (f) The Secretary of State shall provide for the recording
4of registered owners of motor vehicles who participate in the
5program. The records shall be available to all law enforcement
6departments, agencies, and forces. The Secretary of State
7shall cooperate with and assist all law enforcement officers
8and other agencies in tracing or examining any questionable
9motor vehicles in order to determine the ownership of the
10motor vehicles.
11    (g) A fee not to exceed $10 may be charged for the informed
12consent form and decal provided under this Section. The fee,
13if any, shall be set by the Motor Vehicle Theft Prevention and
14Insurance Verification Council and shall be collected by the
15Secretary of State and deposited into the Motor Vehicle Theft
16Prevention and Insurance Verification Trust Fund.
17    (h) The Secretary of State, in consultation with the
18Director of the Illinois Department of State Police and the
19Motor Vehicle Theft Prevention and Insurance Verification
20Council shall promulgate rules and regulations to effectuate
21the purposes of this Section.
22(Source: P.A. 100-373, eff. 1-1-18.)
 
23    (625 ILCS 5/4-202)  (from Ch. 95 1/2, par. 4-202)
24    Sec. 4-202. Abandoned, lost, stolen or unclaimed vehicle
25notification to law enforcement agencies.

 

 

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1    When an abandoned, lost, stolen or unclaimed vehicle comes
2into the temporary possession or custody of a person in this
3State, not the owner of the vehicle, such person shall
4immediately notify the municipal police when the vehicle is
5within the corporate limits of any city, village or town
6having a duly authorized police department, or the State
7Police or the county sheriff when the vehicle is outside the
8corporate limits of a city, village or town. Upon receipt of
9such notification, the municipal police, Illinois State Police
10or county sheriff will authorize a towing service to remove
11and take possession of the abandoned, lost, stolen or
12unclaimed vehicle. The towing service will safely keep the
13towed vehicle and its contents, maintain a record of the tow as
14set forth in Section 4-204 for law enforcement agencies, until
15the vehicle is claimed by the owner or any other person legally
16entitled to possession thereof or until it is disposed of as
17provided in this Chapter.
18(Source: P.A. 78-858.)
 
19    (625 ILCS 5/4-203.5)
20    Sec. 4-203.5. Tow rotation list.
21    (a) Each law enforcement agency whose duties include the
22patrol of highways in this State shall maintain a tow rotation
23list which shall be used by law enforcement officers
24authorizing the tow of a vehicle within the jurisdiction of
25the law enforcement agency. To ensure adequate response time,

 

 

HB3655- 1508 -LRB102 16922 WGH 22334 b

1a law enforcement agency may maintain multiple tow rotation
2lists, with each tow rotation list covering tows authorized in
3different geographic locations within the jurisdiction of the
4law enforcement agency. A towing service may be included on
5more than one tow rotation list.
6    (b) Any towing service operating within the jurisdiction
7of a law enforcement agency may submit an application in a form
8and manner prescribed by the law enforcement agency for
9inclusion on the law enforcement agency's tow rotation list.
10The towing service does not need to be located within the
11jurisdiction of the law enforcement agency. To be included on
12a tow rotation list the towing service must meet the following
13requirements:
14        (1) possess a license permitting the towing service to
15    operate in every unit of local government in the law
16    enforcement agency's jurisdiction that requires a license
17    for the operation of a towing service;
18        (2) if required by the law enforcement agency for
19    inclusion on that law enforcement agency's tow rotation
20    list, each owner of the towing service and each person
21    operating a vehicle on behalf of the towing service shall
22    submit his or her fingerprints to the Illinois Department
23    of State Police in the form and manner prescribed by the
24    Illinois Department of State Police. These fingerprints
25    should be transmitted through a live scan fingerprint
26    vendor licensed by the Department of Financial and

 

 

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1    Professional Regulation. These fingerprints shall be
2    checked against the fingerprint records now and hereafter
3    filed in the Illinois Department of State Police and
4    Federal Bureau of Investigation criminal history records
5    databases. The Illinois Department of State Police shall
6    charge a fee for conducting the criminal history record
7    check, which shall be deposited in the State Police
8    Services Fund and shall not exceed the actual cost of the
9    State and national criminal history record check. The
10    Illinois Department of State Police shall furnish,
11    pursuant to positive identification, all Illinois
12    conviction information to the law enforcement agency
13    maintaining the tow rotation list and shall forward the
14    national criminal history record information to the law
15    enforcement agency maintaining the tow rotation list. A
16    person may not own a towing service or operate a vehicle on
17    behalf of a towing service included on a tow rotation list
18    if that person has been convicted during the 5 years
19    preceding the application of a criminal offense involving
20    one or more of the following:
21            (A) bodily injury or attempt to inflict bodily
22        injury to another person;
23            (B) theft of property or attempted theft of
24        property; or
25            (C) sexual assault or attempted sexual assault of
26        any kind;

 

 

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1        (3) each person operating a vehicle on behalf of the
2    towing service must be classified for the type of towing
3    operation he or she shall be performing and the vehicle he
4    or she shall be operating;
5        (4) possess and maintain the following insurance in
6    addition to any other insurance required by law:
7            (A) comprehensive automobile liability insurance
8        with a minimum combined single limit coverage of
9        $1,000,000;
10            (B) commercial general liability insurance with
11        limits of not less than $1,000,000 per occurrence,
12        $100,000 minimum garage keepers legal liability
13        insurance, and $100,000 minimum on-hook coverage or
14        cargo insurance; and
15            (C) a worker's compensation policy covering every
16        person operating a tow truck on behalf of the towing
17        service, if required under current law;
18        (5) possess a secure parking lot used for short-term
19    vehicle storage after a vehicle is towed that is open
20    during business hours and is equipped with security
21    features as required by the law enforcement agency;
22        (6) utilize only vehicles that possess a valid vehicle
23    registration, display a valid Illinois license plate in
24    accordance with Section 5-202 of this Code, and comply
25    with the weight requirements of this Code;
26        (7) every person operating a towing or recovery

 

 

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1    vehicle on behalf of the towing service must have
2    completed a Traffic Incident Management Training Program
3    approved by the Department of Transportation;
4        (8) hold a valid authority issued to it by the
5    Illinois Commerce Commission;
6        (9) comply with all other applicable federal, State,
7    and local laws; and
8        (10) comply with any additional requirements the
9    applicable law enforcement agency deems necessary.
10    The law enforcement agency may select which towing
11services meeting the requirements of this subsection (b) shall
12be included on a tow rotation list. The law enforcement agency
13may choose to have only one towing service on its tow rotation
14list. Complaints regarding the process for inclusion on a tow
15rotation list or the use of a tow rotation list may be referred
16in writing to the head of the law enforcement agency
17administering that tow rotation list. The head of the law
18enforcement agency shall make the final determination as to
19which qualified towing services shall be included on a tow
20rotation list, and shall not be held liable for the exclusion
21of any towing service from a tow rotation list.
22    (c) Whenever a law enforcement officer initiates a tow of
23a vehicle, the officer shall contact his or her law
24enforcement agency and inform the agency that a tow has been
25authorized. The law enforcement agency shall then select a
26towing service from the law enforcement agency's tow rotation

 

 

HB3655- 1512 -LRB102 16922 WGH 22334 b

1list corresponding to the geographical area where the tow was
2authorized, and shall contact that towing service directly by
3phone, computer, or similar means. Towing services shall be
4contacted in the order listed on the appropriate tow rotation
5list, at which point the towing service shall be placed at the
6end of that tow rotation list. In the event a listed towing
7service is not available, the next listed towing service on
8that tow rotation list shall be contacted.
9    (d) A law enforcement agency may deviate from the order
10listed on a tow rotation list if the towing service next on
11that tow rotation list is, in the judgment of the authorizing
12officer or the law enforcement agency making the selection,
13incapable of or not properly equipped for handling a specific
14task related to the tow that requires special skills or
15equipment. A deviation from the order listed on the tow
16rotation list for this reason shall not cause a loss of
17rotation turn by the towing service determined to be incapable
18or not properly equipped for handling the request.
19    (e) In the event of an emergency a law enforcement officer
20or agency, taking into account the safety and location of the
21situation, may deviate from the order of the tow rotation list
22and obtain towing service from any source deemed appropriate.
23    (f) If the owner or operator of a disabled vehicle is
24present at the scene of the disabled vehicle, is not under
25arrest, and does not abandon his or her vehicle, and in the law
26enforcement officer's opinion the disabled vehicle is not

 

 

HB3655- 1513 -LRB102 16922 WGH 22334 b

1impeding or obstructing traffic, illegally parked, or posing a
2security or safety risk, the law enforcement officer shall
3allow the owner of the vehicle to specify a towing service to
4relocate the disabled vehicle. If the owner chooses not to
5specify a towing service, the law enforcement agency shall
6select a towing service for the vehicle as provided in
7subsection (c) of this Section.
8    (g) If a tow operator is present or arrives where a tow is
9needed and it has not been requested by the law enforcement
10agency or the owner or operator, the law enforcement officer,
11unless acting under Section 11-1431 of this Code, shall advise
12the tow operator to leave the scene.
13    (h) Nothing contained in this Section shall apply to a law
14enforcement agency having jurisdiction solely over a
15municipality with a population over 1,000,000.
16(Source: P.A. 99-438, eff. 1-1-16.)
 
17    (625 ILCS 5/4-205)  (from Ch. 95 1/2, par. 4-205)
18    Sec. 4-205. Record searches.
19    (a) When a law enforcement agency authorizing the
20impounding of a vehicle does not know the identity of the
21registered owner, lienholder or other legally entitled person,
22that law enforcement agency will cause the vehicle
23registration records of the State of Illinois to be searched
24by the Secretary of State for the purpose of obtaining the
25required ownership information.

 

 

HB3655- 1514 -LRB102 16922 WGH 22334 b

1    (b) The law enforcement agency authorizing the impounding
2of a vehicle will cause the stolen motor vehicle files of the
3Illinois State Police to be searched by a directed
4communication to the Illinois State Police for stolen or
5wanted information on the vehicle. When the Illinois State
6Police files are searched with negative results, the
7information contained in the National Crime Information Center
8(NCIC) files will be searched by the Illinois State Police.
9The information determined from these record searches will be
10returned to the requesting law enforcement agency for that
11agency's use in sending a notification by certified mail to
12the registered owner, lienholder and other legally entitled
13persons advising where the vehicle is held, requesting a
14disposition be made and setting forth public sale information.
15Notification shall be sent no later than 10 business days
16after the date the law enforcement agency impounds or
17authorizes the impounding of a vehicle, provided that if the
18law enforcement agency is unable to determine the identity of
19the registered owner, lienholder or other person legally
20entitled to ownership of the impounded vehicle within a 10
21business day period after impoundment, then notification shall
22be sent no later than 2 days after the date the identity of the
23registered owner, lienholder or other person legally entitled
24to ownership of the impounded vehicle is determined.
25Exceptions to a notification by certified mail to the
26registered owner, lienholder and other legally entitled

 

 

HB3655- 1515 -LRB102 16922 WGH 22334 b

1persons are set forth in Section 4-209 of this Code.
2    (c) When ownership information is needed for a towing
3service to give notification as required under this Code, the
4towing service may cause the vehicle registration records of
5the State of Illinois to be searched by the Secretary of State,
6and in such case, the towing service also shall give notice to
7all lienholders of record within the time period required for
8such other notices.
9    The written request of a towing service, in the form and
10containing the information prescribed by the Secretary of
11State by rule, may be transmitted to the Secretary of State in
12person, by U.S. mail or other delivery service, by facsimile
13transmission, or by other means the Secretary of State deems
14acceptable.
15    The Secretary of State shall provide the required
16information, or a statement that the information was not found
17in the vehicle registration records of the State, by U.S. mail
18or other delivery service, facsimile transmission, as
19requested by the towing service, or by other means acceptable
20to the Secretary of State.
21    (d) The Secretary of State may prescribe standards and
22procedures for submission of requests for record searches and
23replies via computer link.
24    (e) Fees for services provided under this Section shall be
25in amounts prescribed by the Secretary of State under Section
263-821.1 of this Code. Payment may be made by the towing service

 

 

HB3655- 1516 -LRB102 16922 WGH 22334 b

1using cash, any commonly accepted credit card, or any other
2means of payment deemed acceptable by the Secretary of State.
3(Source: P.A. 95-838, eff. 8-15-08.)
 
4    (625 ILCS 5/4-206)  (from Ch. 95 1/2, par. 4-206)
5    Sec. 4-206. Identifying and tracing of vehicle ownership
6by Illinois State Police. When the registered owner,
7lienholder or other person legally entitled to the possession
8of a vehicle cannot be identified from the registration files
9of this State or from the registration files of a foreign
10state, if applicable, the law enforcement agency having
11custody of the vehicle shall notify the Illinois State Police,
12for the purpose of identifying the vehicle owner or other
13person legally entitled to the possession of the vehicle. The
14information obtained by the Illinois State Police will be
15immediately forwarded to the law enforcement agency having
16custody of the vehicle for notification purposes as set forth
17in Section 4-205 of this Code.
18(Source: P.A. 82-363.)
 
19    (625 ILCS 5/4-209)  (from Ch. 95 1/2, par. 4-209)
20    Sec. 4-209. Disposal of unclaimed vehicles more than 7
21years of age; disposal of abandoned or unclaimed vehicles
22without notice.
23    (a) When the identity of the registered owner, lienholder,
24or other legally entitled persons of an abandoned, lost, or

 

 

HB3655- 1517 -LRB102 16922 WGH 22334 b

1unclaimed vehicle of 7 years of age or newer cannot be
2determined by any means provided for in this Chapter, the
3vehicle may be sold as provided in Section 4-208 without
4notice to any person whose identity cannot be determined.
5    (b) When an abandoned vehicle of more than 7 years of age
6is impounded as specified by this Chapter, or when any such
7vehicle is towed at the request or with the consent of the
8owner or operator and is subsequently abandoned, it will be
9kept in custody or storage for a minimum of 10 days for the
10purpose of determining the identity of the registered owner,
11lienholder, or other legally entitled persons and contacting
12the registered owner, lienholder, or other legally entitled
13persons by the U. S. Mail, public service or in person for a
14determination of disposition; and, an examination of the
15Illinois State Police stolen vehicle files for theft and
16wanted information. At the expiration of the 10 day period,
17without the benefit of disposition information being received
18from the registered owner, lienholder, or other legally
19entitled persons, the vehicle may be disposed of in either of
20the following ways:
21        (1) The law enforcement agency having jurisdiction
22    will authorize the disposal of the vehicle as junk or
23    salvage.
24        (2) The towing service may sell the vehicle in the
25    manner provided in Section 4-208 of this Code, provided
26    that this paragraph (2) shall not apply to vehicles towed

 

 

HB3655- 1518 -LRB102 16922 WGH 22334 b

1    by order or authorization of a law enforcement agency.
2    (c) A vehicle classified as an antique vehicle,
3expanded-use antique vehicle, custom vehicle, or street rod
4may however be sold to a person desiring to restore it.
5(Source: P.A. 97-412, eff. 1-1-12.)
 
6    (625 ILCS 5/4-302)  (from Ch. 95 1/2, par. 4-302)
7    Sec. 4-302. Vehicle Recycling Board. There is hereby
8created the Vehicle Recycling Board of the State of Illinois
9composed of the Secretary of Transportation, the Director of
10the Illinois State Police, the Director of Public Health, the
11Director of the Environmental Protection Agency, the
12Superintendent of State Troopers or their designated
13representatives. The Governor shall designate the Chairman and
14Secretary of the Board.
15    The Board shall appoint an advisory committee, of no less
16than 10 members, to include an official representative of the
17Office of the Secretary of State as designated by the
18Secretary; and other appropriate representatives from such
19sources as: statewide associations of city, county and
20township governing bodies; knowledgeable successful leaders
21from the auto recycling private sector; the State associations
22of chiefs of police, county sheriffs, police officers; and
23State agencies having a direct or indirect relationship with
24vehicle recycling.
25(Source: P.A. 84-25.)
 

 

 

HB3655- 1519 -LRB102 16922 WGH 22334 b

1    (625 ILCS 5/5-102)  (from Ch. 95 1/2, par. 5-102)
2    Sec. 5-102. Used vehicle dealers must be licensed.
3    (a) No person, other than a licensed new vehicle dealer,
4shall engage in the business of selling or dealing in, on
5consignment or otherwise, 5 or more used vehicles of any make
6during the year (except house trailers as authorized by
7paragraph (j) of this Section and rebuilt salvage vehicles
8sold by their rebuilders to persons licensed under this
9Chapter), or act as an intermediary, agent or broker for any
10licensed dealer or vehicle purchaser (other than as a
11salesperson) or represent or advertise that he is so engaged
12or intends to so engage in such business unless licensed to do
13so by the Secretary of State under the provisions of this
14Section.
15    (b) An application for a used vehicle dealer's license
16shall be filed with the Secretary of State, duly verified by
17oath, in such form as the Secretary of State may by rule or
18regulation prescribe and shall contain:
19        1. The name and type of business organization
20    established and additional places of business, if any, in
21    this State.
22        2. If the applicant is a corporation, a list of its
23    officers, directors, and shareholders having a ten percent
24    or greater ownership interest in the corporation, setting
25    forth the residence address of each; if the applicant is a

 

 

HB3655- 1520 -LRB102 16922 WGH 22334 b

1    sole proprietorship, a partnership, an unincorporated
2    association, a trust, or any similar form of business
3    organization, the names and residence address of the
4    proprietor or of each partner, member, officer, director,
5    trustee or manager.
6        3. A statement that the applicant has been approved
7    for registration under the Retailers' Occupation Tax Act
8    by the Department of Revenue. However, this requirement
9    does not apply to a dealer who is already licensed
10    hereunder with the Secretary of State, and who is merely
11    applying for a renewal of his license. As evidence of this
12    fact, the application shall be accompanied by a
13    certification from the Department of Revenue showing that
14    the Department has approved the applicant for registration
15    under the Retailers' Occupation Tax Act.
16        4. A statement that the applicant has complied with
17    the appropriate liability insurance requirement. A
18    Certificate of Insurance in a solvent company authorized
19    to do business in the State of Illinois shall be included
20    with each application covering each location at which he
21    proposes to act as a used vehicle dealer. The policy must
22    provide liability coverage in the minimum amounts of
23    $100,000 for bodily injury to, or death of, any person,
24    $300,000 for bodily injury to, or death of, two or more
25    persons in any one accident, and $50,000 for damage to
26    property. Such policy shall expire not sooner than

 

 

HB3655- 1521 -LRB102 16922 WGH 22334 b

1    December 31 of the year for which the license was issued or
2    renewed. The expiration of the insurance policy shall not
3    terminate the liability under the policy arising during
4    the period for which the policy was filed. Trailer and
5    mobile home dealers are exempt from this requirement.
6        If the permitted user has a liability insurance policy
7    that provides automobile liability insurance coverage of
8    at least $100,000 for bodily injury to or the death of any
9    person, $300,000 for bodily injury to or the death of any 2
10    or more persons in any one accident, and $50,000 for
11    damage to property, then the permitted user's insurer
12    shall be the primary insurer and the dealer's insurer
13    shall be the secondary insurer. If the permitted user does
14    not have a liability insurance policy that provides
15    automobile liability insurance coverage of at least
16    $100,000 for bodily injury to or the death of any person,
17    $300,000 for bodily injury to or the death of any 2 or more
18    persons in any one accident, and $50,000 for damage to
19    property, or does not have any insurance at all, then the
20    dealer's insurer shall be the primary insurer and the
21    permitted user's insurer shall be the secondary insurer.
22        When a permitted user is "test driving" a used vehicle
23    dealer's automobile, the used vehicle dealer's insurance
24    shall be primary and the permitted user's insurance shall
25    be secondary.
26        As used in this paragraph 4, a "permitted user" is a

 

 

HB3655- 1522 -LRB102 16922 WGH 22334 b

1    person who, with the permission of the used vehicle dealer
2    or an employee of the used vehicle dealer, drives a
3    vehicle owned and held for sale or lease by the used
4    vehicle dealer which the person is considering to purchase
5    or lease, in order to evaluate the performance,
6    reliability, or condition of the vehicle. The term
7    "permitted user" also includes a person who, with the
8    permission of the used vehicle dealer, drives a vehicle
9    owned or held for sale or lease by the used vehicle dealer
10    for loaner purposes while the user's vehicle is being
11    repaired or evaluated.
12        As used in this paragraph 4, "test driving" occurs
13    when a permitted user who, with the permission of the used
14    vehicle dealer or an employee of the used vehicle dealer,
15    drives a vehicle owned and held for sale or lease by a used
16    vehicle dealer that the person is considering to purchase
17    or lease, in order to evaluate the performance,
18    reliability, or condition of the vehicle.
19        As used in this paragraph 4, "loaner purposes" means
20    when a person who, with the permission of the used vehicle
21    dealer, drives a vehicle owned or held for sale or lease by
22    the used vehicle dealer while the user's vehicle is being
23    repaired or evaluated.
24        5. An application for a used vehicle dealer's license
25    shall be accompanied by the following license fees:
26            (A) $1,000 for applicant's established place of

 

 

HB3655- 1523 -LRB102 16922 WGH 22334 b

1        business, and $50 for each additional place of
2        business, if any, to which the application pertains;
3        however, if the application is made after June 15 of
4        any year, the license fee shall be $500 for
5        applicant's established place of business plus $25 for
6        each additional place of business, if any, to which
7        the application pertains. License fees shall be
8        returnable only in the event that the application is
9        denied by the Secretary of State. Of the money
10        received by the Secretary of State as license fees
11        under this subparagraph (A) for the 2004 licensing
12        year and thereafter, 95% shall be deposited into the
13        General Revenue Fund.
14            (B) Except for dealers selling 25 or fewer
15        automobiles or as provided in subsection (h) of
16        Section 5-102.7 of this Code, an Annual Dealer
17        Recovery Fund Fee in the amount of $500 for the
18        applicant's established place of business, and $50 for
19        each additional place of business, if any, to which
20        the application pertains; but if the application is
21        made after June 15 of any year, the fee shall be $250
22        for the applicant's established place of business plus
23        $25 for each additional place of business, if any, to
24        which the application pertains. For a license renewal
25        application, the fee shall be based on the amount of
26        automobiles sold in the past year according to the

 

 

HB3655- 1524 -LRB102 16922 WGH 22334 b

1        following formula:
2                (1) $0 for dealers selling 25 or less
3            automobiles;
4                (2) $150 for dealers selling more than 25 but
5            less than 200 automobiles;
6                (3) $300 for dealers selling 200 or more
7            automobiles but less than 300 automobiles; and
8                (4) $500 for dealers selling 300 or more
9            automobiles.
10            License fees shall be returnable only in the event
11        that the application is denied by the Secretary of
12        State. Moneys received under this subparagraph (B)
13        shall be deposited into the Dealer Recovery Trust
14        Fund.
15        6. A statement that the applicant's officers,
16    directors, shareholders having a 10% or greater ownership
17    interest therein, proprietor, partner, member, officer,
18    director, trustee, manager or other principals in the
19    business have not committed in the past 3 years any one
20    violation as determined in any civil, criminal or
21    administrative proceedings of any one of the following
22    Acts:
23            (A) The Anti-Theft Laws of the Illinois Vehicle
24        Code;
25            (B) The Certificate of Title Laws of the Illinois
26        Vehicle Code;

 

 

HB3655- 1525 -LRB102 16922 WGH 22334 b

1            (C) The Offenses against Registration and
2        Certificates of Title Laws of the Illinois Vehicle
3        Code;
4            (D) The Dealers, Transporters, Wreckers and
5        Rebuilders Laws of the Illinois Vehicle Code;
6            (E) Section 21-2 of the Illinois Criminal Code of
7        1961 or the Criminal Code of 2012, Criminal Trespass
8        to Vehicles; or
9            (F) The Retailers' Occupation Tax Act.
10        7. A statement that the applicant's officers,
11    directors, shareholders having a 10% or greater ownership
12    interest therein, proprietor, partner, member, officer,
13    director, trustee, manager or other principals in the
14    business have not committed in any calendar year 3 or more
15    violations, as determined in any civil or criminal or
16    administrative proceedings, of any one or more of the
17    following Acts:
18            (A) The Consumer Finance Act;
19            (B) The Consumer Installment Loan Act;
20            (C) The Retail Installment Sales Act;
21            (D) The Motor Vehicle Retail Installment Sales
22        Act;
23            (E) The Interest Act;
24            (F) The Illinois Wage Assignment Act;
25            (G) Part 8 of Article XII of the Code of Civil
26        Procedure; or

 

 

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1            (H) The Consumer Fraud and Deceptive Business
2        Practices Act.
3        7.5. A statement that, within 10 years of application,
4    each officer, director, shareholder having a 10% or
5    greater ownership interest therein, proprietor, partner,
6    member, officer, director, trustee, manager, or other
7    principal in the business of the applicant has not
8    committed, as determined in any civil, criminal, or
9    administrative proceeding, in any calendar year one or
10    more forcible felonies under the Criminal Code of 1961 or
11    the Criminal Code of 2012, or a violation of either or both
12    Article 16 or 17 of the Criminal Code of 1961 or a
13    violation of either or both Article 16 or 17 of the
14    Criminal Code of 2012, Article 29B of the Criminal Code of
15    1961 or the Criminal Code of 2012, or a similar
16    out-of-state offense. For the purposes of this paragraph,
17    "forcible felony" has the meaning provided in Section 2-8
18    of the Criminal Code of 2012.
19        8. A bond or Certificate of Deposit in the amount of
20    $50,000 for each location at which the applicant intends
21    to act as a used vehicle dealer. The bond shall be for the
22    term of the license, or its renewal, for which application
23    is made, and shall expire not sooner than December 31 of
24    the year for which the license was issued or renewed. The
25    bond shall run to the People of the State of Illinois, with
26    surety by a bonding or insurance company authorized to do

 

 

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1    business in this State. It shall be conditioned upon the
2    proper transmittal of all title and registration fees and
3    taxes (excluding taxes under the Retailers' Occupation Tax
4    Act) accepted by the applicant as a used vehicle dealer.
5        9. Such other information concerning the business of
6    the applicant as the Secretary of State may by rule or
7    regulation prescribe.
8        10. A statement that the applicant understands Chapter
9    1 through Chapter 5 of this Code.
10        11. A copy of the certification from the prelicensing
11    education program.
12    (c) Any change which renders no longer accurate any
13information contained in any application for a used vehicle
14dealer's license shall be amended within 30 days after the
15occurrence of each change on such form as the Secretary of
16State may prescribe by rule or regulation, accompanied by an
17amendatory fee of $2.
18    (d) Anything in this Chapter to the contrary
19notwithstanding, no person shall be licensed as a used vehicle
20dealer unless such person maintains an established place of
21business as defined in this Chapter.
22    (e) The Secretary of State shall, within a reasonable time
23after receipt, examine an application submitted to him under
24this Section. Unless the Secretary makes a determination that
25the application submitted to him does not conform to this
26Section or that grounds exist for a denial of the application

 

 

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1under Section 5-501 of this Chapter, he must grant the
2applicant an original used vehicle dealer's license in writing
3for his established place of business and a supplemental
4license in writing for each additional place of business in
5such form as he may prescribe by rule or regulation which shall
6include the following:
7        1. The name of the person licensed;
8        2. If a corporation, the name and address of its
9    officers or if a sole proprietorship, a partnership, an
10    unincorporated association or any similar form of business
11    organization, the name and address of the proprietor or of
12    each partner, member, officer, director, trustee or
13    manager;
14        3. In case of an original license, the established
15    place of business of the licensee;
16        4. In the case of a supplemental license, the
17    established place of business of the licensee and the
18    additional place of business to which such supplemental
19    license pertains.
20    (f) The appropriate instrument evidencing the license or a
21certified copy thereof, provided by the Secretary of State
22shall be kept posted, conspicuously, in the established place
23of business of the licensee and in each additional place of
24business, if any, maintained by such licensee.
25    (g) Except as provided in subsection (h) of this Section,
26all used vehicle dealer's licenses granted under this Section

 

 

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1expire by operation of law on December 31 of the calendar year
2for which they are granted unless sooner revoked or cancelled
3under Section 5-501 of this Chapter.
4    (h) A used vehicle dealer's license may be renewed upon
5application and payment of the fee required herein, and
6submission of proof of coverage by an approved bond under the
7"Retailers' Occupation Tax Act" or proof that applicant is not
8subject to such bonding requirements, as in the case of an
9original license, but in case an application for the renewal
10of an effective license is made during the month of December,
11the effective license shall remain in force until the
12application for renewal is granted or denied by the Secretary
13of State.
14    (i) All persons licensed as a used vehicle dealer are
15required to furnish each purchaser of a motor vehicle:
16        1. A certificate of title properly assigned to the
17    purchaser;
18        2. A statement verified under oath that all
19    identifying numbers on the vehicle agree with those on the
20    certificate of title;
21        3. A bill of sale properly executed on behalf of such
22    person;
23        4. A copy of the Uniform Invoice-transaction reporting
24    return referred to in Section 5-402 of this Chapter;
25        5. In the case of a rebuilt vehicle, a copy of the
26    Disclosure of Rebuilt Vehicle Status; and

 

 

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1        6. In the case of a vehicle for which the warranty has
2    been reinstated, a copy of the warranty.
3    (j) A real estate broker holding a valid certificate of
4registration issued pursuant to "The Real Estate Brokers and
5Salesmen License Act" may engage in the business of selling or
6dealing in house trailers not his own without being licensed
7as a used vehicle dealer under this Section; however such
8broker shall maintain a record of the transaction including
9the following:
10        (1) the name and address of the buyer and seller,
11        (2) the date of sale,
12        (3) a description of the mobile home, including the
13    vehicle identification number, make, model, and year, and
14        (4) the Illinois certificate of title number.
15    The foregoing records shall be available for inspection by
16any officer of the Secretary of State's Office at any
17reasonable hour.
18    (k) Except at the time of sale or repossession of the
19vehicle, no person licensed as a used vehicle dealer may issue
20any other person a newly created key to a vehicle unless the
21used vehicle dealer makes a color photocopy or electronic scan
22of the driver's license or State identification card of the
23person requesting or obtaining the newly created key. The used
24vehicle dealer must retain the photocopy or scan for 30 days.
25    A used vehicle dealer who violates this subsection (k) is
26guilty of a petty offense. Violation of this subsection (k) is

 

 

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1not cause to suspend, revoke, cancel, or deny renewal of the
2used vehicle dealer's license.
3    (l) Used vehicle dealers licensed under this Section shall
4provide the Secretary of State a register for the sale at
5auction of each salvage or junk certificate vehicle. Each
6register shall include the following information:
7        1. The year, make, model, style and color of the
8    vehicle;
9        2. The vehicle's manufacturer's identification number
10    or, if applicable, the Secretary of State or Illinois
11    Department of State Police identification number;
12        3. The date of acquisition of the vehicle;
13        4. The name and address of the person from whom the
14    vehicle was acquired;
15        5. The name and address of the person to whom any
16    vehicle was disposed, the person's Illinois license number
17    or if the person is an out-of-state salvage vehicle buyer,
18    the license number from the state or jurisdiction where
19    the buyer is licensed; and
20        6. The purchase price of the vehicle.
21    The register shall be submitted to the Secretary of State
22via written or electronic means within 10 calendar days from
23the date of the auction.
24(Source: P.A. 100-450, eff. 1-1-18; 100-956, eff. 1-1-19;
25101-505, eff. 1-1-20.)
 

 

 

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1    (625 ILCS 5/5-105)  (from Ch. 95 1/2, par. 5-105)
2    Sec. 5-105. Investigation of licensee required. Every
3person seeking a license under Chapter 5 of this Act, as part
4of the application process, authorizes an investigation to
5determine if the applicant has ever been convicted of a crime
6and if so, the disposition of those convictions. This
7authorization shall indicate the scope of the inquiry and the
8agencies which may be contacted. Upon this authorization the
9Secretary of State may request and receive information and
10assistance from any Federal, State or local governmental
11agency as part of the authorized investigation. The Illinois
12Department of State Police shall provide information
13concerning any criminal convictions and their disposition
14brought against the applicant upon request of the Secretary of
15State when the request is made in the form and manner required
16by the Illinois Department of State Police. The information
17derived from this investigation, including the source of this
18information, and any conclusions or recommendations derived
19from this information by the Secretary of State shall be
20provided to the applicant or his designee. Upon request to the
21Secretary of State prior to any final action by the Secretary
22of State on the application, no information obtained from such
23investigation may be placed in any automated information
24system. Any criminal convictions and their disposition
25information obtained by the Secretary of State shall be
26confidential and may not be transmitted outside the Office of

 

 

HB3655- 1533 -LRB102 16922 WGH 22334 b

1the Secretary of State, except as required herein, and may not
2be transmitted to anyone within the Office of the Secretary of
3State except as needed for the purpose of evaluating the
4application. All criminal convictions and their disposition
5and information obtained by the Division of Investigation
6shall be destroyed no later than 60 days after the Division of
7Investigation has made a final ruling on the application, and
8all rights of appeal have expired and pending appeals have
9been completed. The only physical identity materials which the
10applicant can be required to provide the Secretary of State
11are photographs or fingerprints. Only information and
12standards which bear a reasonable and rational relation to the
13performance of a licensee shall be used by the Secretary of
14State. The Secretary of State shall adopt rules and
15regulations for the administration of this Section. Any
16employee of the Secretary of State who gives or causes to be
17given away any confidential information concerning any
18criminal convictions and their disposition of an applicant
19shall be guilty of a Class A misdemeanor.
20(Source: P.A. 84-25.)
 
21    (625 ILCS 5/5-401.2)  (from Ch. 95 1/2, par. 5-401.2)
22    Sec. 5-401.2. Licensees required to keep records and make
23inspections.
24    (a) Every person licensed or required to be licensed under
25Section 5-101, 5-101.1, 5-101.2, 5-102, 5-102.8, 5-301, or

 

 

HB3655- 1534 -LRB102 16922 WGH 22334 b

15-302 of this Code, shall, with the exception of scrap
2processors, maintain for 3 years, in a form as the Secretary of
3State may by rule or regulation prescribe, at his established
4place of business, additional place of business, or principal
5place of business if licensed under Section 5-302, the
6following records relating to the acquisition or disposition
7of vehicles and their essential parts possessed in this State,
8brought into this State from another state, territory or
9country, or sold or transferred to another person in this
10State or in another state, territory, or country.
11        (1) The following records pertaining to new or used
12    vehicles shall be kept:
13            (A) the year, make, model, style and color of the
14        vehicle;
15            (B) the vehicle's manufacturer's identification
16        number or, if applicable, the Secretary of State or
17        Illinois Department of State Police identification
18        number;
19            (C) the date of acquisition of the vehicle;
20            (D) the name and address of the person from whom
21        the vehicle was acquired and, if that person is a
22        dealer, the Illinois or out-of-state dealer license
23        number of such person;
24            (E) the signature of the person making the
25        inspection of a used vehicle as required under
26        subsection (d) of this Section, if applicable;

 

 

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1            (F) the purchase price of the vehicle, if
2        applicable;
3            (G) the date of the disposition of the vehicle;
4            (H) the name and address of the person to whom any
5        vehicle was disposed, and if that person is a dealer,
6        the Illinois or out-of-State dealer's license number
7        of that dealer;
8            (I) the uniform invoice number reflecting the
9        disposition of the vehicle, if applicable; and
10            (J) The sale price of the vehicle, if applicable.
11        (2) (A) The following records pertaining to used
12    essential parts other than quarter panels and
13    transmissions of vehicles of the first division shall be
14    kept:
15            (i) the year, make, model, color and type of such
16        part;
17            (ii) the vehicle's manufacturer's identification
18        number, derivative number, or, if applicable, the
19        Secretary of State or Illinois Department of State
20        Police identification number of such part;
21            (iii) the date of the acquisition of each part;
22            (iv) the name and address of the person from whom
23        the part was acquired and, if that person is a dealer,
24        the Illinois or out-of-state dealer license number of
25        such person; if the essential part being acquired is
26        from a person other than a dealer, the licensee shall

 

 

HB3655- 1536 -LRB102 16922 WGH 22334 b

1        verify and record that person's identity by recording
2        the identification numbers from at least two sources
3        of identification, one of which shall be a drivers
4        license or State identification card;
5            (v) the uniform invoice number or out-of-state
6        bill of sale number reflecting the acquisition of such
7        part;
8            (vi) the stock number assigned to the essential
9        part by the licensee, if applicable;
10            (vii) the date of the disposition of such part;
11            (viii) the name and address of the person to whom
12        such part was disposed of and, if that person is a
13        dealer, the Illinois or out-of-state dealer license
14        number of that person;
15            (ix) the uniform invoice number reflecting the
16        disposition of such part.
17        (B) Inspections of all essential parts shall be
18    conducted in accordance with Section 5-402.1.
19        (C) A separate entry containing all of the information
20    required to be recorded in subparagraph (A) of paragraph
21    (2) of subsection (a) of this Section shall be made for
22    each separate essential part. Separate entries shall be
23    made regardless of whether the part was a large purchase
24    acquisition. In addition, a separate entry shall be made
25    for each part acquired for immediate sale or transfer, or
26    for placement into the overall inventory or stock to be

 

 

HB3655- 1537 -LRB102 16922 WGH 22334 b

1    disposed of at a later time, or for use on a vehicle to be
2    materially altered by the licensee, or acquired for any
3    other purpose or reason. Failure to make a separate entry
4    for each essential part acquired or disposed of, or a
5    failure to record any of the specific information required
6    to be recorded concerning the acquisition or disposition
7    of each essential part as set forth in subparagraph (A) of
8    paragraph (2) of subsection (a) shall constitute a failure
9    to keep records.
10        (D) The vehicle's manufacturer's identification number
11    or Secretary of State or Illinois Department of State
12    Police identification number for the essential part shall
13    be ascertained and recorded even if such part is acquired
14    from a person or dealer located in a State, territory, or
15    country which does not require that such information be
16    recorded. If the vehicle's manufacturer's identification
17    number or Secretary of State or Illinois Department of
18    State Police identification number for an essential part
19    cannot be obtained, that part shall not be acquired by the
20    licensee or any of his agents or employees. If such part or
21    parts were physically acquired by the licensee or any of
22    his agents or employees while the licensee or agent or
23    employee was outside this State, that licensee or agent or
24    employee was outside the State, that licensee, agent or
25    employee shall not bring such essential part into this
26    State or cause it to be brought into this State. The

 

 

HB3655- 1538 -LRB102 16922 WGH 22334 b

1    acquisition or disposition of an essential part by a
2    licensee without the recording of the vehicle
3    identification number or Secretary of State identification
4    number for such part or the transportation into the State
5    by the licensee or his agent or employee of such part or
6    parts shall constitute a failure to keep records.
7        (E) The records of essential parts required to be kept
8    by this Section shall apply to all hulks, chassis, frames
9    or cowls, regardless of the age of those essential parts.
10    The records required to be kept by this Section for
11    essential parts other than hulks, chassis, frames or
12    cowls, shall apply only to those essential parts which are
13    6 model years of age or newer. In determining the model
14    year of such an essential part it may be presumed that the
15    identification number of the vehicle from which the
16    essential part came or the identification number affixed
17    to the essential part itself acquired by the licensee
18    denotes the model year of that essential part. This
19    presumption, however, shall not apply if the gross
20    appearance of the essential part does not correspond to
21    the year, make or model of either the identification
22    number of the vehicle from which the essential part is
23    alleged to have come or the identification number which is
24    affixed to the essential part itself. To determine whether
25    an essential part is 6 years of age or newer within this
26    paragraph, the model year of the essential part shall be

 

 

HB3655- 1539 -LRB102 16922 WGH 22334 b

1    subtracted from the calendar year in which the essential
2    part is acquired or disposed of by the licensee. If the
3    remainder is 6 or less, the record of the acquisition or
4    disposition of that essential part shall be kept as
5    required by this Section.
6        (F) The requirements of paragraph (2) of subsection
7    (a) of this Section shall not apply to the disposition of
8    an essential part other than a cowl which has been damaged
9    or altered to a state in which it can no longer be returned
10    to a usable condition and which is being sold or
11    transferred to a scrap processor or for delivery to a
12    scrap processor.
13    (3) the following records for vehicles on which junking
14certificates are obtained shall be kept:
15        (A) the year, make, model, style and color of the
16    vehicle;
17        (B) the vehicle's manufacturer's identification number
18    or, if applicable, the Secretary of State or Illinois
19    Department of State Police identification number;
20        (C) the date the vehicle was acquired;
21        (D) the name and address of the person from whom the
22    vehicle was acquired and, if that person is a dealer, the
23    Illinois or out-of-state dealer license number of that
24    person;
25        (E) the certificate of title number or salvage
26    certificate number for the vehicle, if applicable;

 

 

HB3655- 1540 -LRB102 16922 WGH 22334 b

1        (F) the junking certificate number obtained by the
2    licensee; this entry shall be recorded at the close of
3    business of the fifth business day after receiving the
4    junking certificate;
5        (G) the name and address of the person to whom the
6    junking certificate has been assigned, if applicable, and
7    if that person is a dealer, the Illinois or out-of-state
8    dealer license number of that dealer;
9        (H) if the vehicle or any part of the vehicle is
10    dismantled for its parts to be disposed of in any way, or
11    if such parts are to be used by the licensee to materially
12    alter a vehicle, those essential parts shall be recorded
13    and the entries required by paragraph (2) of subsection
14    (a) shall be made.
15    (4) The following records for rebuilt vehicles shall be
16kept:
17        (A) the year, make, model, style and color of the
18    vehicle;
19        (B) the vehicle's manufacturer's identification number
20    of the vehicle or, if applicable, the Secretary of State
21    or Illinois Department of State Police identification
22    number;
23        (C) the date the vehicle was acquired;
24        (D) the name and address of the person from whom the
25    vehicle was acquired, and if that person is a dealer, the
26    Illinois or out-of-state dealer license number of that

 

 

HB3655- 1541 -LRB102 16922 WGH 22334 b

1    person;
2        (E) the salvage certificate number for the vehicle;
3        (F) the newly issued certificate of title number for
4    the vehicle;
5        (G) the date of disposition of the vehicle;
6        (H) the name and address of the person to whom the
7    vehicle was disposed, and if a dealer, the Illinois or
8    out-of-state dealer license number of that dealer;
9        (I) The sale price of the vehicle.
10    (a-1) A person licensed or required to be licensed under
11Section 5-101 or Section 5-102 of this Code who issues
12temporary registration permits as permitted by this Code and
13by rule must electronically file the registration with the
14Secretary and must maintain records of the registration in the
15manner prescribed by the Secretary.
16    (b) A failure to make separate entries for each vehicle
17acquired, disposed of, or assigned, or a failure to record any
18of the specific information required to be recorded concerning
19the acquisition or disposition of each vehicle as set forth in
20paragraphs (1), (3) and (4) of subsection (a) shall constitute
21a failure to keep records.
22    (c) All entries relating to the acquisition of a vehicle
23or essential part required by subsection (a) of this Section
24shall be recorded no later than the close of business on the
25seventh calendar day following such acquisition. All entries
26relating to the disposition of a vehicle or an essential part

 

 

HB3655- 1542 -LRB102 16922 WGH 22334 b

1shall be made at the time of such disposition. If the vehicle
2or essential part was disposed of on the same day as its
3acquisition or the day thereafter, the entries relating to the
4acquisition of the vehicle or essential part shall be made at
5the time of the disposition of the vehicle or essential part.
6Failure to make the entries required in or at the times
7prescribed by this subsection following the acquisition or
8disposition of such vehicle or essential part shall constitute
9a failure to keep records.
10    (d) Every person licensed or required to be licensed
11shall, before accepting delivery of a used vehicle, inspect
12the vehicle to determine whether the manufacturer's public
13vehicle identification number has been defaced, destroyed,
14falsified, removed, altered, or tampered with in any way. If
15the person making the inspection determines that the
16manufacturer's public vehicle identification number has been
17altered, removed, defaced, destroyed, falsified or tampered
18with he shall not acquire that vehicle but instead shall
19promptly notify law enforcement authorities of his finding.
20    (e) The information required to be kept in subsection (a)
21of this Section shall be kept in a manner prescribed by rule or
22regulation of the Secretary of State.
23    (f) Every person licensed or required to be licensed shall
24have in his possession a separate certificate of title,
25salvage certificate, junking certificate, certificate of
26purchase, uniform invoice, out-of-state bill of sale or other

 

 

HB3655- 1543 -LRB102 16922 WGH 22334 b

1acceptable documentary evidence of his right to the possession
2of every vehicle or essential part.
3    (g) Every person licensed or required to be licensed as a
4transporter under Section 5-201 shall maintain for 3 years, in
5such form as the Secretary of State may by rule or regulation
6prescribe, at his principal place of business a record of
7every vehicle transported by him, including numbers of or
8other marks of identification thereof, the names and addresses
9of persons from whom and to whom the vehicle was delivered and
10the dates of delivery.
11    (h) No later than 15 days prior to going out of business,
12selling the business, or transferring the ownership of the
13business, the licensee shall notify the Secretary of State
14that he is going out of business or that he is transferring the
15ownership of the business. Failure to notify under this
16paragraph shall constitute a failure to keep records.
17    (i) (Blank).
18    (j) A person who knowingly fails to comply with the
19provisions of this Section or knowingly fails to obey,
20observe, or comply with any order of the Secretary or any law
21enforcement agency issued in accordance with this Section is
22guilty of a Class B misdemeanor for the first violation and a
23Class A misdemeanor for the second and subsequent violations.
24Each violation constitutes a separate and distinct offense and
25a separate count may be brought in the same indictment or
26information for each vehicle or each essential part of a

 

 

HB3655- 1544 -LRB102 16922 WGH 22334 b

1vehicle for which a record was not kept as required by this
2Section.
3    (k) Any person convicted of failing to keep the records
4required by this Section with intent to conceal the identity
5or origin of a vehicle or its essential parts or with intent to
6defraud the public in the transfer or sale of vehicles or their
7essential parts is guilty of a Class 2 felony. Each violation
8constitutes a separate and distinct offense and a separate
9count may be brought in the same indictment or information for
10each vehicle or essential part of a vehicle for which a record
11was not kept as required by this Section.
12    (l) A person may not be criminally charged with or
13convicted of both a knowing failure to comply with this
14Section and a knowing failure to comply with any order, if both
15offenses involve the same record keeping violation.
16    (m) The Secretary shall adopt rules necessary for
17implementation of this Section, which may include the
18imposition of administrative fines.
19(Source: P.A. 101-505, eff. 1-1-20.)
 
20    (625 ILCS 5/5-402.1)  (from Ch. 95 1/2, par. 5-402.1)
21    Sec. 5-402.1. Use of Secretary of State Uniform Invoice
22for Essential Parts.
23    (a) Except for scrap processors, every person licensed or
24required to be licensed under Section 5-101, 5-101.1, 5-102,
255-102.8, or 5-301 of this Code shall issue, in a form the

 

 

HB3655- 1545 -LRB102 16922 WGH 22334 b

1Secretary of State may by rule or regulation prescribe, a
2Uniform Invoice, which may also act as a bill of sale, made out
3in triplicate with respect to each transaction in which he
4disposes of an essential part other than quarter panels and
5transmissions of vehicles of the first division. Such Invoice
6shall be made out at the time of the disposition of the
7essential part. If the licensee disposes of several essential
8parts in the same transaction, the licensee may issue one
9Uniform Invoice covering all essential parts disposed of in
10that transaction.
11    (b) The following information shall be contained on the
12Uniform Invoice:
13        (1) the business name, address and dealer license
14    number of the person disposing of the essential part;
15        (2) the name and address of the person acquiring the
16    essential part, and if that person is a dealer, the
17    Illinois or out-of-state dealer license number of that
18    dealer;
19        (3) the date of the disposition of the essential part;
20        (4) the year, make, model, color and description of
21    each essential part disposed of by the person;
22        (5) the manufacturer's vehicle identification number,
23    Secretary of State identification number or Illinois
24    Department of State Police identification number, for each
25    essential part disposed of by the person;
26        (6) the printed name and legible signature of the

 

 

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1    person or agent disposing of the essential part; and
2        (7) if the person is a dealer the printed name and
3    legible signature of the dealer or his agent or employee
4    accepting delivery of the essential part.
5    (c) Except for scrap processors, and except as set forth
6in subsection (d) of this Section, whenever a person licensed
7or required to be licensed by Section 5-101, 5-101.1, 5-102,
8or 5-301 accepts delivery of an essential part, other than
9quarter panels and transmissions of vehicles of the first
10division, that person shall, at the time of the acceptance or
11delivery, comply with the following procedures:
12        (1) Before acquiring or accepting delivery of any
13    essential part, the licensee or his authorized agent or
14    employee shall inspect the part to determine whether the
15    vehicle identification number, Secretary of State
16    identification number, Illinois Department of State Police
17    identification number, or identification plate or sticker
18    attached to or stamped on any part being acquired or
19    delivered has been removed, falsified, altered, defaced,
20    destroyed, or tampered with. If the licensee or his agent
21    or employee determines that the vehicle identification
22    number, Secretary of State identification number, Illinois
23    Department of State Police identification number,
24    identification plate or identification sticker containing
25    an identification number, or Federal Certificate label of
26    an essential part has been removed, falsified, altered,

 

 

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1    defaced, destroyed or tampered with, the licensee or agent
2    shall not accept or receive that part.
3        If that part was physically acquired by or delivered
4    to a licensee or his agent or employee while that
5    licensee, agent or employee was outside this State, that
6    licensee or agent or employee shall not bring that
7    essential part into this State or cause it to be brought
8    into this State.
9        (2) If the person disposing of or delivering the
10    essential part to the licensee is a licensed in-state or
11    out-of-state dealer, the licensee or his agent or
12    employee, after inspecting the essential part as required
13    by paragraph (1) of this subsection (c), shall examine the
14    Uniform Invoice, or bill of sale, as the case may be, to
15    ensure that it contains all the information required to be
16    provided by persons disposing of essential parts as set
17    forth in subsection (b) of this Section. If the Uniform
18    Invoice or bill of sale does not contain all the
19    information required to be listed by subsection (b) of
20    this Section, the dealer disposing of or delivering such
21    part or his agent or employee shall record such additional
22    information or other needed modifications on the Uniform
23    Invoice or bill of sale or, if needed, an attachment
24    thereto. The dealer or his agent or employee delivering
25    the essential part shall initial all additions or
26    modifications to the Uniform Invoice or bill of sale and

 

 

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1    legibly print his name at the bottom of each document
2    containing his initials. If the transaction involves a
3    bill of sale rather than a Uniform Invoice, the licensee
4    or his agent or employee accepting delivery of or
5    acquiring the essential part shall affix his printed name
6    and legible signature on the space on the bill of sale
7    provided for his signature or, if no space is provided, on
8    the back of the bill of sale. If the dealer or his agent or
9    employee disposing of or delivering the essential part
10    cannot or does not provide all the information required by
11    subsection (b) of this Section, the licensee or his agent
12    or employee shall not accept or receive any essential part
13    for which that required information is not provided. If
14    such essential part for which the information required is
15    not fully provided was physically acquired while the
16    licensee or his agent or employee was outside this State,
17    the licensee or his agent or employee shall not bring that
18    essential part into this State or cause it to be brought
19    into this State.
20        (3) If the person disposing of the essential part is
21    not a licensed dealer, the licensee or his agent or
22    employee shall, after inspecting the essential part as
23    required by paragraph (1) of subsection (c) of this
24    Section verify the identity of the person disposing of the
25    essential part by examining 2 sources of identification,
26    one of which shall be either a driver's license or state

 

 

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1    identification card. The licensee or his agent or employee
2    shall then prepare a Uniform Invoice listing all the
3    information required to be provided by subsection (b) of
4    this Section. In the space on the Uniform Invoice provided
5    for the dealer license number of the person disposing of
6    the part, the licensee or his agent or employee shall list
7    the numbers taken from the documents of identification
8    provided by the person disposing of the part. The person
9    disposing of the part shall affix his printed name and
10    legible signature on the space on the Uniform Invoice
11    provided for the person disposing of the essential part
12    and the licensee or his agent or employee acquiring the
13    part shall affix his printed name and legible signature on
14    the space provided on the Uniform Invoice for the person
15    acquiring the essential part. If the person disposing of
16    the essential part cannot or does not provide all the
17    information required to be provided by this paragraph, or
18    does not present 2 satisfactory forms of identification,
19    the licensee or his agent or employee shall not acquire
20    that essential part.
21    (d) If an essential part other than quarter panels and
22transmissions of vehicles of the first division was delivered
23by a licensed commercial delivery service delivering such part
24on behalf of a licensed dealer, the person required to comply
25with subsection (c) of this Section may conduct the inspection
26of that part required by paragraph (1) of subsection (c) and

 

 

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1examination of the Uniform Invoice or bill of sale required by
2paragraph (2) of subsection (c) of this Section immediately
3after the acceptance of the part.
4        (1) If the inspection of the essential part pursuant
5    to paragraph (1) of subsection (c) reveals that the
6    vehicle identification number, Secretary of State
7    identification number, Illinois Department of State Police
8    identification number, identification plate or sticker
9    containing an identification number, or Federal
10    Certificate label of an essential part has been removed,
11    falsified, altered, defaced, destroyed or tampered with,
12    the licensee or his agent shall immediately record such
13    fact on the Uniform Invoice or bill of sale, assign the
14    part an inventory or stock number, place such inventory or
15    stock number on both the essential part and the Uniform
16    Invoice or bill of sale, and record the date of the
17    inspection of the part on the Uniform Invoice or bill of
18    sale. The licensee shall, within 7 days of such
19    inspection, return such part to the dealer from whom it
20    was acquired.
21        (2) If the examination of the Uniform Invoice or bill
22    of sale pursuant to paragraph (2) of subsection (c)
23    reveals that any of the information required to be listed
24    by subsection (b) of this Section is missing, the licensee
25    or person required to be licensed shall immediately assign
26    a stock or inventory number to such part, place such stock

 

 

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1    or inventory number on both the essential part and the
2    Uniform Invoice or bill of sale, and record the date of
3    examination on the Uniform Invoice or bill of sale. The
4    licensee or person required to be licensed shall acquire
5    the information missing from the Uniform Invoice or bill
6    of sale within 7 days of the examination of such Uniform
7    Invoice or bill of sale. Such information may be received
8    by telephone conversation with the dealer from whom the
9    part was acquired. If the dealer provides the missing
10    information the licensee shall record such information on
11    the Uniform Invoice or bill of sale along with the name of
12    the person providing the information. If the dealer does
13    not provide the required information within the
14    aforementioned 7 day period, the licensee shall return the
15    part to that dealer.
16    (e) Except for scrap processors, all persons licensed or
17required to be licensed who acquire or dispose of essential
18parts other than quarter panels and transmissions of vehicles
19of the first division shall retain a copy of the Uniform
20Invoice required to be made by subsections (a), (b) and (c) of
21this Section for a period of 3 years.
22    (f) Except for scrap processors, any person licensed or
23required to be licensed under Sections 5-101, 5-102 or 5-301
24who knowingly fails to record on a Uniform Invoice any of the
25information or entries required to be recorded by subsections
26(a), (b) and (c) of this Section, or who knowingly places false

 

 

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1entries or other misleading information on such Uniform
2Invoice, or who knowingly fails to retain for 3 years a copy of
3a Uniform Invoice reflecting transactions required to be
4recorded by subsections (a), (b) and (c) of this Section, or
5who knowingly acquires or disposes of essential parts without
6receiving, issuing, or executing a Uniform Invoice reflecting
7that transaction as required by subsections (a), (b) and (c)
8of this Section, or who brings or causes to be brought into
9this State essential parts for which the information required
10to be recorded on a Uniform Invoice is not recorded as
11prohibited by subsection (c) of this Section, or who knowingly
12fails to comply with the provisions of this Section in any
13other manner shall be guilty of a Class 2 felony. Each
14violation shall constitute a separate and distinct offense and
15a separate count may be brought in the same indictment or
16information for each essential part for which a record was not
17kept as required by this Section or for which the person failed
18to comply with other provisions of this Section.
19    (g) The records required to be kept by this Section may be
20examined by a person or persons making a lawful inspection of
21the licensee's premises pursuant to Section 5-403.
22    (h) The records required to be kept by this Section shall
23be retained by the licensee at his principal place of business
24for a period of 7 years.
25    (i) The requirements of this Section shall not apply to
26the disposition of an essential part other than a cowl which

 

 

HB3655- 1553 -LRB102 16922 WGH 22334 b

1has been damaged or altered to a state in which it can no
2longer be returned to a usable condition and which is being
3sold or transferred to a scrap processor or for delivery to a
4scrap processor.
5(Source: P.A. 101-505, eff. 1-1-20.)
 
6    (625 ILCS 5/6-106.1)  (from Ch. 95 1/2, par. 6-106.1)
7    Sec. 6-106.1. School bus driver permit.
8    (a) The Secretary of State shall issue a school bus driver
9permit to those applicants who have met all the requirements
10of the application and screening process under this Section to
11insure the welfare and safety of children who are transported
12on school buses throughout the State of Illinois. Applicants
13shall obtain the proper application required by the Secretary
14of State from their prospective or current employer and submit
15the completed application to the prospective or current
16employer along with the necessary fingerprint submission as
17required by the Illinois Department of State Police to conduct
18fingerprint based criminal background checks on current and
19future information available in the state system and current
20information available through the Federal Bureau of
21Investigation's system. Applicants who have completed the
22fingerprinting requirements shall not be subjected to the
23fingerprinting process when applying for subsequent permits or
24submitting proof of successful completion of the annual
25refresher course. Individuals who on July 1, 1995 (the

 

 

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1effective date of Public Act 88-612) possess a valid school
2bus driver permit that has been previously issued by the
3appropriate Regional School Superintendent are not subject to
4the fingerprinting provisions of this Section as long as the
5permit remains valid and does not lapse. The applicant shall
6be required to pay all related application and fingerprinting
7fees as established by rule including, but not limited to, the
8amounts established by the Illinois Department of State Police
9and the Federal Bureau of Investigation to process fingerprint
10based criminal background investigations. All fees paid for
11fingerprint processing services under this Section shall be
12deposited into the State Police Services Fund for the cost
13incurred in processing the fingerprint based criminal
14background investigations. All other fees paid under this
15Section shall be deposited into the Road Fund for the purpose
16of defraying the costs of the Secretary of State in
17administering this Section. All applicants must:
18        1. be 21 years of age or older;
19        2. possess a valid and properly classified driver's
20    license issued by the Secretary of State;
21        3. possess a valid driver's license, which has not
22    been revoked, suspended, or canceled for 3 years
23    immediately prior to the date of application, or have not
24    had his or her commercial motor vehicle driving privileges
25    disqualified within the 3 years immediately prior to the
26    date of application;

 

 

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1        4. successfully pass a written test, administered by
2    the Secretary of State, on school bus operation, school
3    bus safety, and special traffic laws relating to school
4    buses and submit to a review of the applicant's driving
5    habits by the Secretary of State at the time the written
6    test is given;
7        5. demonstrate ability to exercise reasonable care in
8    the operation of school buses in accordance with rules
9    promulgated by the Secretary of State;
10        6. demonstrate physical fitness to operate school
11    buses by submitting the results of a medical examination,
12    including tests for drug use for each applicant not
13    subject to such testing pursuant to federal law, conducted
14    by a licensed physician, a licensed advanced practice
15    registered nurse, or a licensed physician assistant within
16    90 days of the date of application according to standards
17    promulgated by the Secretary of State;
18        7. affirm under penalties of perjury that he or she
19    has not made a false statement or knowingly concealed a
20    material fact in any application for permit;
21        8. have completed an initial classroom course,
22    including first aid procedures, in school bus driver
23    safety as promulgated by the Secretary of State; and after
24    satisfactory completion of said initial course an annual
25    refresher course; such courses and the agency or
26    organization conducting such courses shall be approved by

 

 

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1    the Secretary of State; failure to complete the annual
2    refresher course, shall result in cancellation of the
3    permit until such course is completed;
4        9. not have been under an order of court supervision
5    for or convicted of 2 or more serious traffic offenses, as
6    defined by rule, within one year prior to the date of
7    application that may endanger the life or safety of any of
8    the driver's passengers within the duration of the permit
9    period;
10        10. not have been under an order of court supervision
11    for or convicted of reckless driving, aggravated reckless
12    driving, driving while under the influence of alcohol,
13    other drug or drugs, intoxicating compound or compounds or
14    any combination thereof, or reckless homicide resulting
15    from the operation of a motor vehicle within 3 years of the
16    date of application;
17        11. not have been convicted of committing or
18    attempting to commit any one or more of the following
19    offenses: (i) those offenses defined in Sections 8-1,
20    8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1,
21    10-2, 10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9,
22    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,
23    11-6.6, 11-9, 11-9.1, 11-9.1A, 11-9.3, 11-9.4, 11-9.4-1,
24    11-14, 11-14.1, 11-14.3, 11-14.4, 11-15, 11-15.1, 11-16,
25    11-17, 11-17.1, 11-18, 11-18.1, 11-19, 11-19.1, 11-19.2,
26    11-20, 11-20.1, 11-20.1B, 11-20.3, 11-21, 11-22, 11-23,

 

 

HB3655- 1557 -LRB102 16922 WGH 22334 b

1    11-24, 11-25, 11-26, 11-30, 12-2.6, 12-3.05, 12-3.1, 12-4,
2    12-4.1, 12-4.2, 12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6,
3    12-4.7, 12-4.9, 12-5.01, 12-5.3, 12-6, 12-6.2, 12-7.1,
4    12-7.3, 12-7.4, 12-7.5, 12-11, 12-13, 12-14, 12-14.1,
5    12-15, 12-16, 12-16.2, 12-21.5, 12-21.6, 12-33, 12C-5,
6    12C-10, 12C-20, 12C-30, 12C-45, 16-16, 16-16.1, 18-1,
7    18-2, 18-3, 18-4, 18-5, 19-6, 20-1, 20-1.1, 20-1.2,
8    20-1.3, 20-2, 24-1, 24-1.1, 24-1.2, 24-1.2-5, 24-1.6,
9    24-1.7, 24-2.1, 24-3.3, 24-3.5, 24-3.8, 24-3.9, 31A-1.1,
10    33A-2, and 33D-1, in subsection (A), clauses (a) and (b),
11    of Section 24-3, and those offenses contained in Article
12    29D of the Criminal Code of 1961 or the Criminal Code of
13    2012; (ii) those offenses defined in the Cannabis Control
14    Act except those offenses defined in subsections (a) and
15    (b) of Section 4, and subsection (a) of Section 5 of the
16    Cannabis Control Act; (iii) those offenses defined in the
17    Illinois Controlled Substances Act; (iv) those offenses
18    defined in the Methamphetamine Control and Community
19    Protection Act; and (v) any offense committed or attempted
20    in any other state or against the laws of the United
21    States, which if committed or attempted in this State
22    would be punishable as one or more of the foregoing
23    offenses; (vi) the offenses defined in Section 4.1 and 5.1
24    of the Wrongs to Children Act or Section 11-9.1A of the
25    Criminal Code of 1961 or the Criminal Code of 2012; (vii)
26    those offenses defined in Section 6-16 of the Liquor

 

 

HB3655- 1558 -LRB102 16922 WGH 22334 b

1    Control Act of 1934; and (viii) those offenses defined in
2    the Methamphetamine Precursor Control Act;
3        12. not have been repeatedly involved as a driver in
4    motor vehicle collisions or been repeatedly convicted of
5    offenses against laws and ordinances regulating the
6    movement of traffic, to a degree which indicates lack of
7    ability to exercise ordinary and reasonable care in the
8    safe operation of a motor vehicle or disrespect for the
9    traffic laws and the safety of other persons upon the
10    highway;
11        13. not have, through the unlawful operation of a
12    motor vehicle, caused an accident resulting in the death
13    of any person;
14        14. not have, within the last 5 years, been adjudged
15    to be afflicted with or suffering from any mental
16    disability or disease;
17        15. consent, in writing, to the release of results of
18    reasonable suspicion drug and alcohol testing under
19    Section 6-106.1c of this Code by the employer of the
20    applicant to the Secretary of State; and
21        16. not have been convicted of committing or
22    attempting to commit within the last 20 years: (i) an
23    offense defined in subsection (c) of Section 4, subsection
24    (b) of Section 5, and subsection (a) of Section 8 of the
25    Cannabis Control Act; or (ii) any offenses in any other
26    state or against the laws of the United States that, if

 

 

HB3655- 1559 -LRB102 16922 WGH 22334 b

1    committed or attempted in this State, would be punishable
2    as one or more of the foregoing offenses.
3    (b) A school bus driver permit shall be valid for a period
4specified by the Secretary of State as set forth by rule. It
5shall be renewable upon compliance with subsection (a) of this
6Section.
7    (c) A school bus driver permit shall contain the holder's
8driver's license number, legal name, residence address, zip
9code, and date of birth, a brief description of the holder and
10a space for signature. The Secretary of State may require a
11suitable photograph of the holder.
12    (d) The employer shall be responsible for conducting a
13pre-employment interview with prospective school bus driver
14candidates, distributing school bus driver applications and
15medical forms to be completed by the applicant, and submitting
16the applicant's fingerprint cards to the Illinois Department
17of State Police that are required for the criminal background
18investigations. The employer shall certify in writing to the
19Secretary of State that all pre-employment conditions have
20been successfully completed including the successful
21completion of an Illinois specific criminal background
22investigation through the Illinois Department of State Police
23and the submission of necessary fingerprints to the Federal
24Bureau of Investigation for criminal history information
25available through the Federal Bureau of Investigation system.
26The applicant shall present the certification to the Secretary

 

 

HB3655- 1560 -LRB102 16922 WGH 22334 b

1of State at the time of submitting the school bus driver permit
2application.
3    (e) Permits shall initially be provisional upon receiving
4certification from the employer that all pre-employment
5conditions have been successfully completed, and upon
6successful completion of all training and examination
7requirements for the classification of the vehicle to be
8operated, the Secretary of State shall provisionally issue a
9School Bus Driver Permit. The permit shall remain in a
10provisional status pending the completion of the Federal
11Bureau of Investigation's criminal background investigation
12based upon fingerprinting specimens submitted to the Federal
13Bureau of Investigation by the Illinois Department of State
14Police. The Federal Bureau of Investigation shall report the
15findings directly to the Secretary of State. The Secretary of
16State shall remove the bus driver permit from provisional
17status upon the applicant's successful completion of the
18Federal Bureau of Investigation's criminal background
19investigation.
20    (f) A school bus driver permit holder shall notify the
21employer and the Secretary of State if he or she is issued an
22order of court supervision for or convicted in another state
23of an offense that would make him or her ineligible for a
24permit under subsection (a) of this Section. The written
25notification shall be made within 5 days of the entry of the
26order of court supervision or conviction. Failure of the

 

 

HB3655- 1561 -LRB102 16922 WGH 22334 b

1permit holder to provide the notification is punishable as a
2petty offense for a first violation and a Class B misdemeanor
3for a second or subsequent violation.
4    (g) Cancellation; suspension; notice and procedure.
5        (1) The Secretary of State shall cancel a school bus
6    driver permit of an applicant whose criminal background
7    investigation discloses that he or she is not in
8    compliance with the provisions of subsection (a) of this
9    Section.
10        (2) The Secretary of State shall cancel a school bus
11    driver permit when he or she receives notice that the
12    permit holder fails to comply with any provision of this
13    Section or any rule promulgated for the administration of
14    this Section.
15        (3) The Secretary of State shall cancel a school bus
16    driver permit if the permit holder's restricted commercial
17    or commercial driving privileges are withdrawn or
18    otherwise invalidated.
19        (4) The Secretary of State may not issue a school bus
20    driver permit for a period of 3 years to an applicant who
21    fails to obtain a negative result on a drug test as
22    required in item 6 of subsection (a) of this Section or
23    under federal law.
24        (5) The Secretary of State shall forthwith suspend a
25    school bus driver permit for a period of 3 years upon
26    receiving notice that the holder has failed to obtain a

 

 

HB3655- 1562 -LRB102 16922 WGH 22334 b

1    negative result on a drug test as required in item 6 of
2    subsection (a) of this Section or under federal law.
3        (6) The Secretary of State shall suspend a school bus
4    driver permit for a period of 3 years upon receiving
5    notice from the employer that the holder failed to perform
6    the inspection procedure set forth in subsection (a) or
7    (b) of Section 12-816 of this Code.
8        (7) The Secretary of State shall suspend a school bus
9    driver permit for a period of 3 years upon receiving
10    notice from the employer that the holder refused to submit
11    to an alcohol or drug test as required by Section 6-106.1c
12    or has submitted to a test required by that Section which
13    disclosed an alcohol concentration of more than 0.00 or
14    disclosed a positive result on a National Institute on
15    Drug Abuse five-drug panel, utilizing federal standards
16    set forth in 49 CFR 40.87.
17    The Secretary of State shall notify the State
18Superintendent of Education and the permit holder's
19prospective or current employer that the applicant has (1) has
20failed a criminal background investigation or (2) is no longer
21eligible for a school bus driver permit; and of the related
22cancellation of the applicant's provisional school bus driver
23permit. The cancellation shall remain in effect pending the
24outcome of a hearing pursuant to Section 2-118 of this Code.
25The scope of the hearing shall be limited to the issuance
26criteria contained in subsection (a) of this Section. A

 

 

HB3655- 1563 -LRB102 16922 WGH 22334 b

1petition requesting a hearing shall be submitted to the
2Secretary of State and shall contain the reason the individual
3feels he or she is entitled to a school bus driver permit. The
4permit holder's employer shall notify in writing to the
5Secretary of State that the employer has certified the removal
6of the offending school bus driver from service prior to the
7start of that school bus driver's next workshift. An employing
8school board that fails to remove the offending school bus
9driver from service is subject to the penalties defined in
10Section 3-14.23 of the School Code. A school bus contractor
11who violates a provision of this Section is subject to the
12penalties defined in Section 6-106.11.
13    All valid school bus driver permits issued under this
14Section prior to January 1, 1995, shall remain effective until
15their expiration date unless otherwise invalidated.
16    (h) When a school bus driver permit holder who is a service
17member is called to active duty, the employer of the permit
18holder shall notify the Secretary of State, within 30 days of
19notification from the permit holder, that the permit holder
20has been called to active duty. Upon notification pursuant to
21this subsection, (i) the Secretary of State shall characterize
22the permit as inactive until a permit holder renews the permit
23as provided in subsection (i) of this Section, and (ii) if a
24permit holder fails to comply with the requirements of this
25Section while called to active duty, the Secretary of State
26shall not characterize the permit as invalid.

 

 

HB3655- 1564 -LRB102 16922 WGH 22334 b

1    (i) A school bus driver permit holder who is a service
2member returning from active duty must, within 90 days, renew
3a permit characterized as inactive pursuant to subsection (h)
4of this Section by complying with the renewal requirements of
5subsection (b) of this Section.
6    (j) For purposes of subsections (h) and (i) of this
7Section:
8    "Active duty" means active duty pursuant to an executive
9order of the President of the United States, an act of the
10Congress of the United States, or an order of the Governor.
11    "Service member" means a member of the Armed Services or
12reserve forces of the United States or a member of the Illinois
13National Guard.
14    (k) A private carrier employer of a school bus driver
15permit holder, having satisfied the employer requirements of
16this Section, shall be held to a standard of ordinary care for
17intentional acts committed in the course of employment by the
18bus driver permit holder. This subsection (k) shall in no way
19limit the liability of the private carrier employer for
20violation of any provision of this Section or for the
21negligent hiring or retention of a school bus driver permit
22holder.
23(Source: P.A. 100-513, eff. 1-1-18; 101-458, eff. 1-1-20.)
 
24    (625 ILCS 5/6-106.1a)
25    Sec. 6-106.1a. Cancellation of school bus driver permit;

 

 

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1trace of alcohol.
2    (a) A person who has been issued a school bus driver permit
3by the Secretary of State in accordance with Section 6-106.1
4of this Code and who drives or is in actual physical control of
5a school bus or any other vehicle owned or operated by or for a
6public or private school, or a school operated by a religious
7institution, when the vehicle is being used over a regularly
8scheduled route for the transportation of persons enrolled as
9students in grade 12 or below, in connection with any activity
10of the entities listed, upon the public highways of this State
11shall be deemed to have given consent to a chemical test or
12tests of blood, breath, other bodily substance, or urine for
13the purpose of determining the alcohol content of the person's
14blood if arrested, as evidenced by the issuance of a Uniform
15Traffic Ticket for any violation of this Code or a similar
16provision of a local ordinance, if a police officer has
17probable cause to believe that the driver has consumed any
18amount of an alcoholic beverage based upon evidence of the
19driver's physical condition or other first hand knowledge of
20the police officer. The test or tests shall be administered at
21the direction of the arresting officer. The law enforcement
22agency employing the officer shall designate which of the
23aforesaid tests shall be administered. A urine or other bodily
24substance test may be administered even after a blood or
25breath test or both has been administered.
26    (b) A person who is dead, unconscious, or who is otherwise

 

 

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1in a condition rendering that person incapable of refusal,
2shall be deemed not to have withdrawn the consent provided by
3paragraph (a) of this Section and the test or tests may be
4administered subject to the following provisions:
5        (1) Chemical analysis of the person's blood, urine,
6    breath, or other bodily substance, to be considered valid
7    under the provisions of this Section, shall have been
8    performed according to standards promulgated by the
9    Illinois Department of State Police by an individual
10    possessing a valid permit issued by the Illinois
11    Department of State Police for this purpose. The Director
12    of the Illinois State Police is authorized to approve
13    satisfactory techniques or methods, to ascertain the
14    qualifications and competence of individuals to conduct
15    analyses, to issue permits that shall be subject to
16    termination or revocation at the direction of the Illinois
17    Department of State Police, and to certify the accuracy of
18    breath testing equipment. The Illinois Department of State
19    Police shall prescribe rules as necessary.
20        (2) When a person submits to a blood test at the
21    request of a law enforcement officer under the provisions
22    of this Section, only a physician authorized to practice
23    medicine, a licensed physician assistant, a licensed
24    advanced practice registered nurse, a registered nurse, or
25    other qualified person trained in venipuncture and acting
26    under the direction of a licensed physician may withdraw

 

 

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1    blood for the purpose of determining the alcohol content.
2    This limitation does not apply to the taking of breath,
3    other bodily substance, or urine specimens.
4        (3) The person tested may have a physician, qualified
5    technician, chemist, registered nurse, or other qualified
6    person of his or her own choosing administer a chemical
7    test or tests in addition to any test or tests
8    administered at the direction of a law enforcement
9    officer. The test administered at the request of the
10    person may be admissible into evidence at a hearing
11    conducted in accordance with Section 2-118 of this Code.
12    The failure or inability to obtain an additional test by a
13    person shall not preclude the consideration of the
14    previously performed chemical test.
15        (4) Upon a request of the person who submits to a
16    chemical test or tests at the request of a law enforcement
17    officer, full information concerning the test or tests
18    shall be made available to the person or that person's
19    attorney by the requesting law enforcement agency within
20    72 hours of receipt of the test result.
21        (5) Alcohol concentration means either grams of
22    alcohol per 100 milliliters of blood or grams of alcohol
23    per 210 liters of breath.
24        (6) If a driver is receiving medical treatment as a
25    result of a motor vehicle accident, a physician licensed
26    to practice medicine, licensed physician assistant,

 

 

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1    licensed advanced practice registered nurse, registered
2    nurse, or other qualified person trained in venipuncture
3    and acting under the direction of a licensed physician
4    shall withdraw blood for testing purposes to ascertain the
5    presence of alcohol upon the specific request of a law
6    enforcement officer. However, that testing shall not be
7    performed until, in the opinion of the medical personnel
8    on scene, the withdrawal can be made without interfering
9    with or endangering the well-being of the patient.
10    (c) A person requested to submit to a test as provided in
11this Section shall be warned by the law enforcement officer
12requesting the test that a refusal to submit to the test, or
13submission to the test resulting in an alcohol concentration
14of more than 0.00, may result in the loss of that person's
15privilege to possess a school bus driver permit. The loss of
16the individual's privilege to possess a school bus driver
17permit shall be imposed in accordance with Section 6-106.1b of
18this Code. A person requested to submit to a test under this
19Section shall also acknowledge, in writing, receipt of the
20warning required under this subsection (c). If the person
21refuses to acknowledge receipt of the warning, the law
22enforcement officer shall make a written notation on the
23warning that the person refused to sign the warning. A
24person's refusal to sign the warning shall not be evidence
25that the person was not read the warning.
26    (d) If the person refuses testing or submits to a test that

 

 

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1discloses an alcohol concentration of more than 0.00, the law
2enforcement officer shall immediately submit a sworn report to
3the Secretary of State on a form prescribed by the Secretary of
4State certifying that the test or tests were requested under
5subsection (a) and the person refused to submit to a test or
6tests or submitted to testing which disclosed an alcohol
7concentration of more than 0.00. The law enforcement officer
8shall submit the same sworn report when a person who has been
9issued a school bus driver permit and who was operating a
10school bus or any other vehicle owned or operated by or for a
11public or private school, or a school operated by a religious
12institution, when the vehicle is being used over a regularly
13scheduled route for the transportation of persons enrolled as
14students in grade 12 or below, in connection with any activity
15of the entities listed, submits to testing under Section
1611-501.1 of this Code and the testing discloses an alcohol
17concentration of more than 0.00 and less than the alcohol
18concentration at which driving or being in actual physical
19control of a motor vehicle is prohibited under paragraph (1)
20of subsection (a) of Section 11-501.
21    Upon receipt of the sworn report of a law enforcement
22officer, the Secretary of State shall enter the school bus
23driver permit sanction on the individual's driving record and
24the sanction shall be effective on the 46th day following the
25date notice of the sanction was given to the person.
26    The law enforcement officer submitting the sworn report

 

 

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1shall serve immediate notice of this school bus driver permit
2sanction on the person and the sanction shall be effective on
3the 46th day following the date notice was given.
4    In cases where the blood alcohol concentration of more
5than 0.00 is established by a subsequent analysis of blood,
6other bodily substance, or urine, the police officer or
7arresting agency shall give notice as provided in this Section
8or by deposit in the United States mail of that notice in an
9envelope with postage prepaid and addressed to that person at
10his or her last known address and the loss of the school bus
11driver permit shall be effective on the 46th day following the
12date notice was given.
13    Upon receipt of the sworn report of a law enforcement
14officer, the Secretary of State shall also give notice of the
15school bus driver permit sanction to the driver and the
16driver's current employer by mailing a notice of the effective
17date of the sanction to the individual. However, shall the
18sworn report be defective by not containing sufficient
19information or be completed in error, the notice of the school
20bus driver permit sanction may not be mailed to the person or
21his current employer or entered to the driving record, but
22rather the sworn report shall be returned to the issuing law
23enforcement agency.
24    (e) A driver may contest this school bus driver permit
25sanction by requesting an administrative hearing with the
26Secretary of State in accordance with Section 2-118 of this

 

 

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1Code. An individual whose blood alcohol concentration is shown
2to be more than 0.00 is not subject to this Section if he or
3she consumed alcohol in the performance of a religious service
4or ceremony. An individual whose blood alcohol concentration
5is shown to be more than 0.00 shall not be subject to this
6Section if the individual's blood alcohol concentration
7resulted only from ingestion of the prescribed or recommended
8dosage of medicine that contained alcohol. The petition for
9that hearing shall not stay or delay the effective date of the
10impending suspension. The scope of this hearing shall be
11limited to the issues of:
12        (1) whether the police officer had probable cause to
13    believe that the person was driving or in actual physical
14    control of a school bus or any other vehicle owned or
15    operated by or for a public or private school, or a school
16    operated by a religious institution, when the vehicle is
17    being used over a regularly scheduled route for the
18    transportation of persons enrolled as students in grade 12
19    or below, in connection with any activity of the entities
20    listed, upon the public highways of the State and the
21    police officer had reason to believe that the person was
22    in violation of any provision of this Code or a similar
23    provision of a local ordinance; and
24        (2) whether the person was issued a Uniform Traffic
25    Ticket for any violation of this Code or a similar
26    provision of a local ordinance; and

 

 

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1        (3) whether the police officer had probable cause to
2    believe that the driver had consumed any amount of an
3    alcoholic beverage based upon the driver's physical
4    actions or other first-hand knowledge of the police
5    officer; and
6        (4) whether the person, after being advised by the
7    officer that the privilege to possess a school bus driver
8    permit would be canceled if the person refused to submit
9    to and complete the test or tests, did refuse to submit to
10    or complete the test or tests to determine the person's
11    alcohol concentration; and
12        (5) whether the person, after being advised by the
13    officer that the privileges to possess a school bus driver
14    permit would be canceled if the person submits to a
15    chemical test or tests and the test or tests disclose an
16    alcohol concentration of more than 0.00 and the person did
17    submit to and complete the test or tests that determined
18    an alcohol concentration of more than 0.00; and
19        (6) whether the test result of an alcohol
20    concentration of more than 0.00 was based upon the
21    person's consumption of alcohol in the performance of a
22    religious service or ceremony; and
23        (7) whether the test result of an alcohol
24    concentration of more than 0.00 was based upon the
25    person's consumption of alcohol through ingestion of the
26    prescribed or recommended dosage of medicine.

 

 

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1    The Secretary of State may adopt administrative rules
2setting forth circumstances under which the holder of a school
3bus driver permit is not required to appear in person at the
4hearing.
5    Provided that the petitioner may subpoena the officer, the
6hearing may be conducted upon a review of the law enforcement
7officer's own official reports. Failure of the officer to
8answer the subpoena shall be grounds for a continuance if, in
9the hearing officer's discretion, the continuance is
10appropriate. At the conclusion of the hearing held under
11Section 2-118 of this Code, the Secretary of State may
12rescind, continue, or modify the school bus driver permit
13sanction.
14    (f) The results of any chemical testing performed in
15accordance with subsection (a) of this Section are not
16admissible in any civil or criminal proceeding, except that
17the results of the testing may be considered at a hearing held
18under Section 2-118 of this Code. However, the results of the
19testing may not be used to impose driver's license sanctions
20under Section 11-501.1 of this Code. A law enforcement officer
21may, however, pursue a statutory summary suspension or
22revocation of driving privileges under Section 11-501.1 of
23this Code if other physical evidence or first hand knowledge
24forms the basis of that suspension or revocation.
25    (g) This Section applies only to drivers who have been
26issued a school bus driver permit in accordance with Section

 

 

HB3655- 1574 -LRB102 16922 WGH 22334 b

16-106.1 of this Code at the time of the issuance of the Uniform
2Traffic Ticket for a violation of this Code or a similar
3provision of a local ordinance, and a chemical test request is
4made under this Section.
5    (h) The action of the Secretary of State in suspending,
6revoking, canceling, or denying any license, permit,
7registration, or certificate of title shall be subject to
8judicial review in the Circuit Court of Sangamon County or in
9the Circuit Court of Cook County, and the provisions of the
10Administrative Review Law and its rules are hereby adopted and
11shall apply to and govern every action for the judicial review
12of final acts or decisions of the Secretary of State under this
13Section.
14(Source: P.A. 99-467, eff. 1-1-16; 99-697, eff. 7-29-16;
15100-513, eff. 1-1-18.)
 
16    (625 ILCS 5/6-107.5)
17    Sec. 6-107.5. Adult Driver Education Course.
18    (a) The Secretary shall establish by rule the curriculum
19and designate the materials to be used in an adult driver
20education course. The course shall be at least 6 hours in
21length and shall include instruction on traffic laws; highway
22signs, signals, and markings that regulate, warn, or direct
23traffic; and issues commonly associated with motor vehicle
24accidents including poor decision-making, risk taking,
25impaired driving, distraction, speed, failure to use a safety

 

 

HB3655- 1575 -LRB102 16922 WGH 22334 b

1belt, driving at night, failure to yield the right-of-way,
2texting while driving, using wireless communication devices,
3and alcohol and drug awareness. The curriculum shall not
4require the operation of a motor vehicle.
5    (b) The Secretary shall certify course providers. The
6requirements to be a certified course provider, the process
7for applying for certification, and the procedure for
8decertifying a course provider shall be established by rule.
9    (b-5) In order to qualify for certification as an adult
10driver education course provider, each applicant must
11authorize an investigation that includes a fingerprint-based
12background check to determine if the applicant has ever been
13convicted of a criminal offense and, if so, the disposition of
14any conviction. This authorization shall indicate the scope of
15the inquiry and the agencies that may be contacted. Upon
16receiving this authorization, the Secretary of State may
17request and receive information and assistance from any
18federal, State, or local governmental agency as part of the
19authorized investigation. Each applicant shall submit his or
20her fingerprints to the Illinois Department of State Police in
21the form and manner prescribed by the Illinois Department of
22State Police. These fingerprints shall be checked against
23fingerprint records now and hereafter filed in the Illinois
24Department of State Police and Federal Bureau of Investigation
25criminal history record databases. The Illinois Department of
26State Police shall charge applicants a fee for conducting the

 

 

HB3655- 1576 -LRB102 16922 WGH 22334 b

1criminal history record check, which shall be deposited into
2the State Police Services Fund and shall not exceed the actual
3cost of the State and national criminal history record check.
4The Illinois Department of State Police shall furnish,
5pursuant to positive identification, records of Illinois
6criminal convictions to the Secretary and shall forward the
7national criminal history record information to the Secretary.
8Applicants shall pay any other fingerprint-related fees.
9Unless otherwise prohibited by law, the information derived
10from the investigation, including the source of the
11information and any conclusions or recommendations derived
12from the information by the Secretary of State, shall be
13provided to the applicant upon request to the Secretary of
14State prior to any final action by the Secretary of State on
15the application. Any criminal conviction information obtained
16by the Secretary of State shall be confidential and may not be
17transmitted outside the Office of the Secretary of State,
18except as required by this subsection (b-5), and may not be
19transmitted to anyone within the Office of the Secretary of
20State except as needed for the purpose of evaluating the
21applicant. At any administrative hearing held under Section
222-118 of this Code relating to the denial, cancellation,
23suspension, or revocation of certification of an adult driver
24education course provider, the Secretary of State may utilize
25at that hearing any criminal history, criminal conviction, and
26disposition information obtained under this subsection (b-5).

 

 

HB3655- 1577 -LRB102 16922 WGH 22334 b

1The information obtained from the investigation may be
2maintained by the Secretary of State or any agency to which the
3information was transmitted. Only information and standards
4which bear a reasonable and rational relation to the
5performance of providing adult driver education shall be used
6by the Secretary of State. Any employee of the Secretary of
7State who gives or causes to be given away any confidential
8information concerning any criminal convictions or disposition
9of criminal convictions of an applicant shall be guilty of a
10Class A misdemeanor unless release of the information is
11authorized by this Section.
12    (c) The Secretary may permit a course provider to offer
13the course online, if the Secretary is satisfied the course
14provider has established adequate procedures for verifying:
15        (1) the identity of the person taking the course
16    online; and
17        (2) the person completes the entire course.
18    (d) The Secretary shall establish a method of electronic
19verification of a student's successful completion of the
20course.
21    (e) The fee charged by the course provider must bear a
22reasonable relationship to the cost of the course. The
23Secretary shall post on the Secretary of State's website a
24list of approved course providers, the fees charged by the
25providers, and contact information for each provider.
26    (f) In addition to any other fee charged by the course

 

 

HB3655- 1578 -LRB102 16922 WGH 22334 b

1provider, the course provider shall collect a fee of $5 from
2each student to offset the costs incurred by the Secretary in
3administering this program. The $5 shall be submitted to the
4Secretary within 14 days of the day on which it was collected.
5All such fees received by the Secretary shall be deposited in
6the Secretary of State Driver Services Administration Fund.
7(Source: P.A. 98-167, eff. 7-1-14; 98-876, eff. 1-1-15.)
 
8    (625 ILCS 5/6-112)  (from Ch. 95 1/2, par. 6-112)
9    Sec. 6-112. License and Permits to be carried and
10exhibited on demand. Every licensee or permittee shall have
11his drivers license or permit in his immediate possession at
12all times when operating a motor vehicle and, for the purpose
13of indicating compliance with this requirement, shall display
14such license or permit if it is in his possession upon demand
15made, when in uniform or displaying a badge or other sign of
16authority, by a member of the Illinois State Police, a sheriff
17or other police officer or designated agent of the Secretary
18of State. However, no person charged with violating this
19Section shall be convicted if he produces in court
20satisfactory evidence that a drivers license was theretofore
21theretofor issued to him and was valid at the time of his
22arrest.
23    For the purposes of this Section, "display" means the
24manual surrender of his license certificate into the hands of
25the demanding officer for his inspection thereof.

 

 

HB3655- 1579 -LRB102 16922 WGH 22334 b

1(Source: P.A. 76-1749.)
 
2    (625 ILCS 5/6-402)  (from Ch. 95 1/2, par. 6-402)
3    Sec. 6-402. Qualifications of driver training schools. In
4order to qualify for a license to operate a driver training
5school, each applicant must:
6        (a) be of good moral character;
7        (b) be at least 21 years of age;
8        (c) maintain an established place of business open to
9    the public which meets the requirements of Section 6-403
10    through 6-407;
11        (d) maintain bodily injury and property damage
12    liability insurance on motor vehicles while used in
13    driving instruction, insuring the liability of the driving
14    school, the driving instructors and any person taking
15    instruction in at least the following amounts: $50,000 for
16    bodily injury to or death of one person in any one accident
17    and, subject to said limit for one person, $100,000 for
18    bodily injury to or death of 2 or more persons in any one
19    accident and the amount of $10,000 for damage to property
20    of others in any one accident. Evidence of such insurance
21    coverage in the form of a certificate from the insurance
22    carrier shall be filed with the Secretary of State, and
23    such certificate shall stipulate that the insurance shall
24    not be cancelled except upon 10 days prior written notice
25    to the Secretary of State. The decal showing evidence of

 

 

HB3655- 1580 -LRB102 16922 WGH 22334 b

1    insurance shall be affixed to the windshield of the
2    vehicle;
3        (e) provide a continuous surety company bond in the
4    principal sum of $10,000 for a non-accredited school,
5    $40,000 for a CDL or teenage accredited school, $60,000
6    for a CDL accredited and teenage accredited school,
7    $50,000 for a CDL or teenage accredited school with 3 or
8    more licensed branches, $70,000 for a CDL accredited and
9    teenage accredited school with 3 or more licensed branches
10    for the protection of the contractual rights of students
11    in such form as will meet with the approval of the
12    Secretary of State and written by a company authorized to
13    do business in this State. However, the aggregate
14    liability of the surety for all breaches of the condition
15    of the bond in no event shall exceed the principal sum of
16    $10,000 for a non-accredited school, $40,000 for a CDL or
17    teenage accredited school, $60,000 for a CDL accredited
18    and teenage accredited school, $50,000 for a CDL or
19    teenage accredited school with 3 or more licensed
20    branches, $70,000 for a CDL accredited and teenage
21    accredited school with 3 or more licensed branches. The
22    surety on any such bond may cancel such bond on giving 30
23    days notice thereof in writing to the Secretary of State
24    and shall be relieved of liability for any breach of any
25    conditions of the bond which occurs after the effective
26    date of cancellation;

 

 

HB3655- 1581 -LRB102 16922 WGH 22334 b

1        (f) have the equipment necessary to the giving of
2    proper instruction in the operation of motor vehicles;
3        (g) have and use a business telephone listing for all
4    business purposes;
5        (h) pay to the Secretary of State an application fee
6    of $500 and $50 for each branch application; and
7        (i) authorize an investigation to include a
8    fingerprint based background check to determine if the
9    applicant has ever been convicted of a crime and if so, the
10    disposition of those convictions. The authorization shall
11    indicate the scope of the inquiry and the agencies that
12    may be contacted. Upon this authorization, the Secretary
13    of State may request and receive information and
14    assistance from any federal, State, or local governmental
15    agency as part of the authorized investigation. Each
16    applicant shall have his or her fingerprints submitted to
17    the Illinois Department of State Police in the form and
18    manner prescribed by the Illinois Department of State
19    Police. The fingerprints shall be checked against the
20    Illinois Department of State Police and Federal Bureau of
21    Investigation criminal history record information
22    databases. The Illinois Department of State Police shall
23    charge a fee for conducting the criminal history records
24    check, which shall be deposited in the State Police
25    Services Fund and shall not exceed the actual cost of the
26    records check. The applicant shall be required to pay all

 

 

HB3655- 1582 -LRB102 16922 WGH 22334 b

1    related fingerprint fees including, but not limited to,
2    the amounts established by the Illinois Department of
3    State Police and the Federal Bureau of Investigation to
4    process fingerprint based criminal background
5    investigations. The Illinois Department of State Police
6    shall provide information concerning any criminal
7    convictions and disposition of criminal convictions
8    brought against the applicant upon request of the
9    Secretary of State provided that the request is made in
10    the form and manner required by the Illinois Department of
11    the State Police. Unless otherwise prohibited by law, the
12    information derived from the investigation including the
13    source of the information and any conclusions or
14    recommendations derived from the information by the
15    Secretary of State shall be provided to the applicant, or
16    his designee, upon request to the Secretary of State,
17    prior to any final action by the Secretary of State on the
18    application. Any criminal convictions and disposition
19    information obtained by the Secretary of State shall be
20    confidential and may not be transmitted outside the Office
21    of the Secretary of State, except as required herein, and
22    may not be transmitted to anyone within the Office of the
23    Secretary of State except as needed for the purpose of
24    evaluating the applicant. At any administrative hearing
25    held under Section 2-118 of this Code relating to the
26    denial, cancellation, suspension, or revocation of a

 

 

HB3655- 1583 -LRB102 16922 WGH 22334 b

1    driver training school license, the Secretary of State is
2    authorized to utilize at that hearing any criminal
3    histories, criminal convictions, and disposition
4    information obtained under this Section. The information
5    obtained from the investigation may be maintained by the
6    Secretary of State or any agency to which the information
7    was transmitted. Only information and standards, which
8    bear a reasonable and rational relation to the performance
9    of a driver training school owner, shall be used by the
10    Secretary of State. Any employee of the Secretary of State
11    who gives or causes to be given away any confidential
12    information concerning any criminal charges or disposition
13    of criminal charges of an applicant shall be guilty of a
14    Class A misdemeanor, unless release of the information is
15    authorized by this Section.
16    No license shall be issued under this Section to a person
17who is a spouse, offspring, sibling, parent, grandparent,
18grandchild, uncle or aunt, nephew or niece, cousin, or in-law
19of the person whose license to do business at that location has
20been revoked or denied or to a person who was an officer or
21employee of a business firm that has had its license revoked or
22denied, unless the Secretary of State is satisfied the
23application was submitted in good faith and not for the
24purpose or effect of defeating the intent of this Code.
25(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10;
2696-1062, eff. 7-14-10; 97-333, eff. 8-12-11; 97-835, eff.

 

 

HB3655- 1584 -LRB102 16922 WGH 22334 b

17-20-12.)
 
2    (625 ILCS 5/6-411)  (from Ch. 95 1/2, par. 6-411)
3    Sec. 6-411. Qualifications of Driver Training Instructors.
4In order to qualify for a license as an instructor for a
5driving school, an applicant must:
6        (a) Be of good moral character;
7        (b) Authorize an investigation to include a
8    fingerprint based background check to determine if the
9    applicant has ever been convicted of a crime and if so, the
10    disposition of those convictions; this authorization shall
11    indicate the scope of the inquiry and the agencies which
12    may be contacted. Upon this authorization the Secretary of
13    State may request and receive information and assistance
14    from any federal, state or local governmental agency as
15    part of the authorized investigation. Each applicant shall
16    submit his or her fingerprints to the Illinois Department
17    of State Police in the form and manner prescribed by the
18    Illinois Department of State Police. These fingerprints
19    shall be checked against the fingerprint records now and
20    hereafter filed in the Illinois Department of State Police
21    and Federal Bureau of Investigation criminal history
22    records databases. The Illinois Department of State Police
23    shall charge a fee for conducting the criminal history
24    records check, which shall be deposited in the State
25    Police Services Fund and shall not exceed the actual cost

 

 

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1    of the records check. The applicant shall be required to
2    pay all related fingerprint fees including, but not
3    limited to, the amounts established by the Illinois
4    Department of State Police and the Federal Bureau of
5    Investigation to process fingerprint based criminal
6    background investigations. The Illinois Department of
7    State Police shall provide information concerning any
8    criminal convictions, and their disposition, brought
9    against the applicant upon request of the Secretary of
10    State when the request is made in the form and manner
11    required by the Illinois Department of State Police.
12    Unless otherwise prohibited by law, the information
13    derived from this investigation including the source of
14    this information, and any conclusions or recommendations
15    derived from this information by the Secretary of State
16    shall be provided to the applicant, or his designee, upon
17    request to the Secretary of State, prior to any final
18    action by the Secretary of State on the application. At
19    any administrative hearing held under Section 2-118 of
20    this Code relating to the denial, cancellation,
21    suspension, or revocation of a driver training school
22    license, the Secretary of State is authorized to utilize
23    at that hearing any criminal histories, criminal
24    convictions, and disposition information obtained under
25    this Section. Any criminal convictions and their
26    disposition information obtained by the Secretary of State

 

 

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1    shall be confidential and may not be transmitted outside
2    the Office of the Secretary of State, except as required
3    herein, and may not be transmitted to anyone within the
4    Office of the Secretary of State except as needed for the
5    purpose of evaluating the applicant. The information
6    obtained from this investigation may be maintained by the
7    Secretary of State or any agency to which such information
8    was transmitted. Only information and standards which bear
9    a reasonable and rational relation to the performance of a
10    driver training instructor shall be used by the Secretary
11    of State. Any employee of the Secretary of State who gives
12    or causes to be given away any confidential information
13    concerning any criminal charges and their disposition of
14    an applicant shall be guilty of a Class A misdemeanor
15    unless release of such information is authorized by this
16    Section;
17        (c) Pass such examination as the Secretary of State
18    shall require on (1) traffic laws, (2) safe driving
19    practices, (3) operation of motor vehicles, and (4)
20    qualifications of teacher;
21        (d) Be physically able to operate safely a motor
22    vehicle and to train others in the operation of motor
23    vehicles. An instructors license application must be
24    accompanied by a medical examination report completed by a
25    competent physician licensed to practice in the State of
26    Illinois;

 

 

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1        (e) Hold a valid Illinois drivers license;
2        (f) Have graduated from an accredited high school
3    after at least 4 years of high school education or the
4    equivalent; and
5        (g) Pay to the Secretary of State an application and
6    license fee of $70.
7    If a driver training school class room instructor teaches
8an approved driver education course, as defined in Section
91-103 of this Code, to students under 18 years of age, he or
10she shall furnish to the Secretary of State a certificate
11issued by the State Board of Education that the said
12instructor is qualified and meets the minimum educational
13standards for teaching driver education courses in the local
14public or parochial school systems, except that no State Board
15of Education certification shall be required of any instructor
16who teaches exclusively in a commercial driving school. On and
17after July 1, 1986, the existing rules and regulations of the
18State Board of Education concerning commercial driving schools
19shall continue to remain in effect but shall be administered
20by the Secretary of State until such time as the Secretary of
21State shall amend or repeal the rules in accordance with the
22Illinois Administrative Procedure Act. Upon request, the
23Secretary of State shall issue a certificate of completion to
24a student under 18 years of age who has completed an approved
25driver education course at a commercial driving school.
26(Source: P.A. 96-740, eff. 1-1-10; 96-962, eff. 7-2-10;

 

 

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197-835, eff. 7-20-12.)
 
2    (625 ILCS 5/6-508)  (from Ch. 95 1/2, par. 6-508)
3    Sec. 6-508. Commercial Driver's License (CDL) -
4qualification standards.
5    (a) Testing.
6        (1) General. No person shall be issued an original or
7    renewal CDL unless that person is domiciled in this State
8    or is applying for a non-domiciled CDL under Sections
9    6-509 and 6-510 of this Code. The Secretary shall cause to
10    be administered such tests as the Secretary deems
11    necessary to meet the requirements of 49 C.F.R. Part 383,
12    subparts F, G, H, and J.
13        (1.5) Effective July 1, 2014, no person shall be
14    issued an original CDL or an upgraded CDL that requires a
15    skills test unless that person has held a CLP, for a
16    minimum of 14 calendar days, for the classification of
17    vehicle and endorsement, if any, for which the person is
18    seeking a CDL.
19        (2) Third party testing. The Secretary of State may
20    authorize a "third party tester", pursuant to 49 C.F.R.
21    383.75 and 49 C.F.R. 384.228 and 384.229, to administer
22    the skills test or tests specified by the Federal Motor
23    Carrier Safety Administration pursuant to the Commercial
24    Motor Vehicle Safety Act of 1986 and any appropriate
25    federal rule.

 

 

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1        (3)(i) Effective February 7, 2020, unless the person
2    is exempted by 49 CFR 380.603, no person shall be issued an
3    original (first time issuance) CDL, an upgraded CDL or a
4    school bus (S), passenger (P), or hazardous Materials (H)
5    endorsement unless the person has successfully completed
6    entry-level driver training (ELDT) taught by a training
7    provider listed on the federal Training Provider Registry.
8        (ii) Persons who obtain a CLP before February 7, 2020
9    are not required to complete ELDT if the person obtains a
10    CDL before the CLP or renewed CLP expires.
11        (iii) Except for persons seeking the H endorsement,
12    persons must complete the theory and behind-the-wheel
13    (range and public road) portions of ELDT within one year
14    of completing the first portion.
15        (iv) The Secretary shall adopt rules to implement this
16    subsection.
17    (b) Waiver of Skills Test. The Secretary of State may
18waive the skills test specified in this Section for a driver
19applicant for a commercial driver license who meets the
20requirements of 49 C.F.R. 383.77. The Secretary of State shall
21waive the skills tests specified in this Section for a driver
22applicant who has military commercial motor vehicle
23experience, subject to the requirements of 49 C.F.R. 383.77.
24    (b-1) No person shall be issued a CDL unless the person
25certifies to the Secretary one of the following types of
26driving operations in which he or she will be engaged:

 

 

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1        (1) non-excepted interstate;
2        (2) non-excepted intrastate;
3        (3) excepted interstate; or
4        (4) excepted intrastate.
5    (b-2) (Blank).
6    (c) Limitations on issuance of a CDL. A CDL shall not be
7issued to a person while the person is subject to a
8disqualification from driving a commercial motor vehicle, or
9unless otherwise permitted by this Code, while the person's
10driver's license is suspended, revoked or cancelled in any
11state, or any territory or province of Canada; nor may a CLP or
12CDL be issued to a person who has a CLP or CDL issued by any
13other state, or foreign jurisdiction, nor may a CDL be issued
14to a person who has an Illinois CLP unless the person first
15surrenders all of these licenses or permits. However, a person
16may hold an Illinois CLP and an Illinois CDL providing the CLP
17is necessary to train or practice for an endorsement or
18vehicle classification not present on the current CDL. No CDL
19shall be issued to or renewed for a person who does not meet
20the requirement of 49 CFR 391.41(b)(11). The requirement may
21be met with the aid of a hearing aid.
22    (c-1) The Secretary may issue a CDL with a school bus
23driver endorsement to allow a person to drive the type of bus
24described in subsection (d-5) of Section 6-104 of this Code.
25The CDL with a school bus driver endorsement may be issued only
26to a person meeting the following requirements:

 

 

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1        (1) the person has submitted his or her fingerprints
2    to the Illinois Department of State Police in the form and
3    manner prescribed by the Illinois Department of State
4    Police. These fingerprints shall be checked against the
5    fingerprint records now and hereafter filed in the
6    Illinois Department of State Police and Federal Bureau of
7    Investigation criminal history records databases;
8        (2) the person has passed a written test, administered
9    by the Secretary of State, on charter bus operation,
10    charter bus safety, and certain special traffic laws
11    relating to school buses determined by the Secretary of
12    State to be relevant to charter buses, and submitted to a
13    review of the driver applicant's driving habits by the
14    Secretary of State at the time the written test is given;
15        (3) the person has demonstrated physical fitness to
16    operate school buses by submitting the results of a
17    medical examination, including tests for drug use; and
18        (4) the person has not been convicted of committing or
19    attempting to commit any one or more of the following
20    offenses: (i) those offenses defined in Sections 8-1.2,
21    9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 9-3.3, 10-1, 10-2,
22    10-3.1, 10-4, 10-5, 10-5.1, 10-6, 10-7, 10-9, 11-1.20,
23    11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 11-6.6,
24    11-9, 11-9.1, 11-9.3, 11-9.4, 11-14, 11-14.1, 11-14.3,
25    11-14.4, 11-15, 11-15.1, 11-16, 11-17, 11-17.1, 11-18,
26    11-18.1, 11-19, 11-19.1, 11-19.2, 11-20, 11-20.1,

 

 

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1    11-20.1B, 11-20.3, 11-21, 11-22, 11-23, 11-24, 11-25,
2    11-26, 11-30, 12-2.6, 12-3.1, 12-4, 12-4.1, 12-4.2,
3    12-4.2-5, 12-4.3, 12-4.4, 12-4.5, 12-4.6, 12-4.7, 12-4.9,
4    12-5.01, 12-6, 12-6.2, 12-7.1, 12-7.3, 12-7.4, 12-7.5,
5    12-11, 12-13, 12-14, 12-14.1, 12-15, 12-16, 12-16.2,
6    12-21.5, 12-21.6, 12-33, 12C-5, 12C-10, 12C-20, 12C-30,
7    12C-45, 16-16, 16-16.1, 18-1, 18-2, 18-3, 18-4, 18-5,
8    19-6, 20-1, 20-1.1, 20-1.2, 20-1.3, 20-2, 24-1, 24-1.1,
9    24-1.2, 24-1.2-5, 24-1.6, 24-1.7, 24-2.1, 24-3.3, 24-3.5,
10    24-3.8, 24-3.9, 31A-1, 31A-1.1, 33A-2, and 33D-1, and in
11    subsection (b) of Section 8-1, and in subdivisions (a)(1),
12    (a)(2), (b)(1), (e)(1), (e)(2), (e)(3), (e)(4), and (f)(1)
13    of Section 12-3.05, and in subsection (a) and subsection
14    (b), clause (1), of Section 12-4, and in subsection (A),
15    clauses (a) and (b), of Section 24-3, and those offenses
16    contained in Article 29D of the Criminal Code of 1961 or
17    the Criminal Code of 2012; (ii) those offenses defined in
18    the Cannabis Control Act except those offenses defined in
19    subsections (a) and (b) of Section 4, and subsection (a)
20    of Section 5 of the Cannabis Control Act; (iii) those
21    offenses defined in the Illinois Controlled Substances
22    Act; (iv) those offenses defined in the Methamphetamine
23    Control and Community Protection Act; (v) any offense
24    committed or attempted in any other state or against the
25    laws of the United States, which if committed or attempted
26    in this State would be punishable as one or more of the

 

 

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1    foregoing offenses; (vi) the offenses defined in Sections
2    4.1 and 5.1 of the Wrongs to Children Act or Section
3    11-9.1A of the Criminal Code of 1961 or the Criminal Code
4    of 2012; (vii) those offenses defined in Section 6-16 of
5    the Liquor Control Act of 1934; and (viii) those offenses
6    defined in the Methamphetamine Precursor Control Act.
7    The Illinois Department of State Police shall charge a fee
8for conducting the criminal history records check, which shall
9be deposited into the State Police Services Fund and may not
10exceed the actual cost of the records check.
11    (c-2) The Secretary shall issue a CDL with a school bus
12endorsement to allow a person to drive a school bus as defined
13in this Section. The CDL shall be issued according to the
14requirements outlined in 49 C.F.R. 383. A person may not
15operate a school bus as defined in this Section without a
16school bus endorsement. The Secretary of State may adopt rules
17consistent with Federal guidelines to implement this
18subsection (c-2).
19    (d) (Blank).
20(Source: P.A. 101-185, eff. 1-1-20.)
 
21    (625 ILCS 5/8-115)  (from Ch. 95 1/2, par. 8-115)
22    Sec. 8-115. Display of certificate-Enforcement. The
23certificate issued pursuant to Section 8-114 shall be
24displayed upon a window of the motor vehicle for which it was
25issued, in such manner as to be visible to the passengers

 

 

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1carried therein. This Section and Section 8-114 shall be
2enforced by the Illinois State Police, the Secretary of State,
3and other police officers.
4(Source: P.A. 82-433.)
 
5    (625 ILCS 5/11-212)
6    Sec. 11-212. Traffic and pedestrian stop statistical
7study.
8    (a) Whenever a State or local law enforcement officer
9issues a uniform traffic citation or warning citation for an
10alleged violation of the Illinois Vehicle Code, he or she
11shall record at least the following:
12        (1) the name, address, gender, and the officer's
13    subjective determination of the race of the person
14    stopped; the person's race shall be selected from the
15    following list: American Indian or Alaska Native, Asian,
16    Black or African American, Hispanic or Latino, Native
17    Hawaiian or Other Pacific Islander, or White;
18        (2) the alleged traffic violation that led to the stop
19    of the motorist;
20        (3) the make and year of the vehicle stopped;
21        (4) the date and time of the stop, beginning when the
22    vehicle was stopped and ending when the driver is free to
23    leave or taken into physical custody;
24        (5) the location of the traffic stop;
25        (5.5) whether or not a consent search contemporaneous

 

 

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1    to the stop was requested of the vehicle, driver,
2    passenger, or passengers; and, if so, whether consent was
3    given or denied;
4        (6) whether or not a search contemporaneous to the
5    stop was conducted of the vehicle, driver, passenger, or
6    passengers; and, if so, whether it was with consent or by
7    other means;
8        (6.2) whether or not a police dog performed a sniff of
9    the vehicle; and, if so, whether or not the dog alerted to
10    the presence of contraband; and, if so, whether or not an
11    officer searched the vehicle; and, if so, whether or not
12    contraband was discovered; and, if so, the type and amount
13    of contraband;
14        (6.5) whether or not contraband was found during a
15    search; and, if so, the type and amount of contraband
16    seized; and
17        (7) the name and badge number of the issuing officer.
18    (b) Whenever a State or local law enforcement officer
19stops a motorist for an alleged violation of the Illinois
20Vehicle Code and does not issue a uniform traffic citation or
21warning citation for an alleged violation of the Illinois
22Vehicle Code, he or she shall complete a uniform stop card,
23which includes field contact cards, or any other existing form
24currently used by law enforcement containing information
25required pursuant to this Act, that records at least the
26following:

 

 

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1        (1) the name, address, gender, and the officer's
2    subjective determination of the race of the person
3    stopped; the person's race shall be selected from the
4    following list: American Indian or Alaska Native, Asian,
5    Black or African American, Hispanic or Latino, Native
6    Hawaiian or Other Pacific Islander, or White;
7        (2) the reason that led to the stop of the motorist;
8        (3) the make and year of the vehicle stopped;
9        (4) the date and time of the stop, beginning when the
10    vehicle was stopped and ending when the driver is free to
11    leave or taken into physical custody;
12        (5) the location of the traffic stop;
13        (5.5) whether or not a consent search contemporaneous
14    to the stop was requested of the vehicle, driver,
15    passenger, or passengers; and, if so, whether consent was
16    given or denied;
17        (6) whether or not a search contemporaneous to the
18    stop was conducted of the vehicle, driver, passenger, or
19    passengers; and, if so, whether it was with consent or by
20    other means;
21        (6.2) whether or not a police dog performed a sniff of
22    the vehicle; and, if so, whether or not the dog alerted to
23    the presence of contraband; and, if so, whether or not an
24    officer searched the vehicle; and, if so, whether or not
25    contraband was discovered; and, if so, the type and amount
26    of contraband;

 

 

HB3655- 1597 -LRB102 16922 WGH 22334 b

1        (6.5) whether or not contraband was found during a
2    search; and, if so, the type and amount of contraband
3    seized; and
4        (7) the name and badge number of the issuing officer.
5    (b-5) For purposes of this subsection (b-5), "detention"
6means all frisks, searches, summons, and arrests. Whenever a
7law enforcement officer subjects a pedestrian to detention in
8a public place, he or she shall complete a uniform pedestrian
9stop card, which includes any existing form currently used by
10law enforcement containing all the information required under
11this Section, that records at least the following:
12        (1) the gender, and the officer's subjective
13    determination of the race of the person stopped; the
14    person's race shall be selected from the following list:
15    American Indian or Alaska Native, Asian, Black or African
16    American, Hispanic or Latino, Native Hawaiian or Other
17    Pacific Islander, or White;
18        (2) all the alleged reasons that led to the stop of the
19    person;
20        (3) the date and time of the stop;
21        (4) the location of the stop;
22        (5) whether or not a protective pat down or frisk was
23    conducted of the person; and, if so, all the alleged
24    reasons that led to the protective pat down or frisk, and
25    whether it was with consent or by other means;
26        (6) whether or not contraband was found during the

 

 

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1    protective pat down or frisk; and, if so, the type and
2    amount of contraband seized;
3        (7) whether or not a search beyond a protective pat
4    down or frisk was conducted of the person or his or her
5    effects; and, if so, all the alleged reasons that led to
6    the search, and whether it was with consent or by other
7    means;
8        (8) whether or not contraband was found during the
9    search beyond a protective pat down or frisk; and, if so,
10    the type and amount of contraband seized;
11        (9) the disposition of the stop, such as a warning, a
12    ticket, a summons, or an arrest;
13        (10) if a summons or ticket was issued, or an arrest
14    made, a record of the violations, offenses, or crimes
15    alleged or charged; and
16        (11) the name and badge number of the officer who
17    conducted the detention.
18    This subsection (b-5) does not apply to searches or
19inspections for compliance authorized under the Fish and
20Aquatic Life Code, the Wildlife Code, the Herptiles-Herps Act,
21or searches or inspections during routine security screenings
22at facilities or events.
23    (c) The Illinois Department of Transportation shall
24provide a standardized law enforcement data compilation form
25on its website.
26    (d) Every law enforcement agency shall, by March 1 with

 

 

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1regard to data collected during July through December of the
2previous calendar year and by August 1 with regard to data
3collected during January through June of the current calendar
4year, compile the data described in subsections (a), (b), and
5(b-5) on the standardized law enforcement data compilation
6form provided by the Illinois Department of Transportation and
7transmit the data to the Department.
8    (e) The Illinois Department of Transportation shall
9analyze the data provided by law enforcement agencies required
10by this Section and submit a report of the previous year's
11findings to the Governor, the General Assembly, the Racial
12Profiling Prevention and Data Oversight Board, and each law
13enforcement agency no later than July 1 of each year. The
14Illinois Department of Transportation may contract with an
15outside entity for the analysis of the data provided. In
16analyzing the data collected under this Section, the analyzing
17entity shall scrutinize the data for evidence of statistically
18significant aberrations. The following list, which is
19illustrative, and not exclusive, contains examples of areas in
20which statistically significant aberrations may be found:
21        (1) The percentage of minority drivers, passengers, or
22    pedestrians being stopped in a given area is substantially
23    higher than the proportion of the overall population in or
24    traveling through the area that the minority constitutes.
25        (2) A substantial number of false stops including
26    stops not resulting in the issuance of a traffic ticket or

 

 

HB3655- 1600 -LRB102 16922 WGH 22334 b

1    the making of an arrest.
2        (3) A disparity between the proportion of citations
3    issued to minorities and proportion of minorities in the
4    population.
5        (4) A disparity among the officers of the same law
6    enforcement agency with regard to the number of minority
7    drivers, passengers, or pedestrians being stopped in a
8    given area.
9        (5) A disparity between the frequency of searches
10    performed on minority drivers or pedestrians and the
11    frequency of searches performed on non-minority drivers or
12    pedestrians.
13    (f) Any law enforcement officer identification information
14and driver or pedestrian identification information that is
15compiled by any law enforcement agency or the Illinois
16Department of Transportation pursuant to this Act for the
17purposes of fulfilling the requirements of this Section shall
18be confidential and exempt from public inspection and copying,
19as provided under Section 7 of the Freedom of Information Act,
20and the information shall not be transmitted to anyone except
21as needed to comply with this Section. This Section shall not
22exempt those materials that, prior to the effective date of
23this amendatory Act of the 93rd General Assembly, were
24available under the Freedom of Information Act. This
25subsection (f) shall not preclude law enforcement agencies
26from reviewing data to perform internal reviews.

 

 

HB3655- 1601 -LRB102 16922 WGH 22334 b

1    (g) Funding to implement this Section shall come from
2federal highway safety funds available to Illinois, as
3directed by the Governor.
4    (h) The Illinois Criminal Justice Information Authority,
5in consultation with law enforcement agencies, officials, and
6organizations, including Illinois chiefs of police, the
7Illinois Department of State Police, the Illinois Sheriffs
8Association, and the Chicago Police Department, and community
9groups and other experts, shall undertake a study to determine
10the best use of technology to collect, compile, and analyze
11the traffic stop statistical study data required by this
12Section. The Department shall report its findings and
13recommendations to the Governor and the General Assembly by
14March 1, 2022.
15    (h-1) The Traffic and Pedestrian Stop Data Use and
16Collection Task Force is hereby created.
17        (1) The Task Force shall undertake a study to
18    determine the best use of technology to collect, compile,
19    and analyze the traffic stop statistical study data
20    required by this Section.
21        (2) The Task Force shall be an independent Task Force
22    under the Illinois Criminal Justice Information Authority
23    for administrative purposes, and shall consist of the
24    following members:
25            (A) 2 academics or researchers who have studied
26        issues related to traffic or pedestrian stop data

 

 

HB3655- 1602 -LRB102 16922 WGH 22334 b

1        collection and have education or expertise in
2        statistics;
3            (B) one professor from an Illinois university who
4        specializes in policing and racial equity;
5            (C) one representative from the Illinois State
6        Police;
7            (D) one representative from the Chicago Police
8        Department;
9            (E) one representative from the Illinois Chiefs of
10        Police;
11            (F) one representative from the Illinois Sheriffs
12        Association;
13            (G) one representative from the Chicago Fraternal
14        Order of Police;
15            (H) one representative from the Illinois Fraternal
16        Order of Police;
17            (I) the Executive Director of the American Civil
18        Liberties Union of Illinois, or his or her designee;
19        and
20            (J) 5 representatives from different community
21        organizations who specialize in civil or human rights,
22        policing, or criminal justice reform work, and that
23        represent a range of minority interests or different
24        parts of the State.
25        (3) The Illinois Criminal Justice Information
26    Authority may consult, contract, work in conjunction with,

 

 

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1    and obtain any information from any individual, agency,
2    association, or research institution deemed appropriate by
3    the Authority.
4        (4) The Task Force shall report its findings and
5    recommendations to the Governor and the General Assembly
6    by March 1, 2022 and every 3 years after.
7    (h-5) For purposes of this Section:
8        (1) "American Indian or Alaska Native" means a person
9    having origins in any of the original peoples of North and
10    South America, including Central America, and who
11    maintains tribal affiliation or community attachment.
12        (2) "Asian" means a person having origins in any of
13    the original peoples of the Far East, Southeast Asia, or
14    the Indian subcontinent, including, but not limited to,
15    Cambodia, China, India, Japan, Korea, Malaysia, Pakistan,
16    the Philippine Islands, Thailand, and Vietnam.
17        (2.5) "Badge" means an officer's department issued
18    identification number associated with his or her position
19    as a police officer with that department.
20        (3) "Black or African American" means a person having
21    origins in any of the black racial groups of Africa. Terms
22    such as "Haitian" or "Negro" can be used in addition to
23    "Black or African American".
24        (4) "Hispanic or Latino" means a person of Cuban,
25    Mexican, Puerto Rican, South or Central American, or other
26    Spanish culture or origin, regardless of race.

 

 

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1        (5) "Native Hawaiian or Other Pacific Islander" means
2    a person having origins in any of the original peoples of
3    Hawaii, Guam, Samoa, or other Pacific Islands.
4        (6) "White" means a person having origins in any of
5    the original peoples of Europe, the Middle East, or North
6    Africa.
7    (i) (Blank).
8(Source: P.A. 101-24, eff. 6-21-19.)
 
9    (625 ILCS 5/11-416)  (from Ch. 95 1/2, par. 11-416)
10    Sec. 11-416. Furnishing copies - Fees. The Illinois
11Department of State Police may furnish copies of an Illinois
12State Police Traffic Accident Report that has been
13investigated by the Illinois State Police and shall be paid a
14fee of $5 for each such copy, or in the case of an accident
15which was investigated by an accident reconstruction officer
16or accident reconstruction team, a fee of $20 shall be paid.
17These fees shall be deposited into the State Police Services
18Fund.
19    Other State law enforcement agencies or law enforcement
20agencies of local authorities may furnish copies of traffic
21accident reports prepared by such agencies and may receive a
22fee not to exceed $5 for each copy or in the case of an
23accident which was investigated by an accident reconstruction
24officer or accident reconstruction team, the State or local
25law enforcement agency may receive a fee not to exceed $20.

 

 

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1    Any written accident report required or requested to be
2furnished the Administrator shall be provided without cost or
3fee charges authorized under this Section or any other
4provision of law.
5(Source: P.A. 101-571, eff. 8-23-19.)
 
6    (625 ILCS 5/11-501.01)
7    Sec. 11-501.01. Additional administrative sanctions.
8    (a) After a finding of guilt and prior to any final
9sentencing or an order for supervision, for an offense based
10upon an arrest for a violation of Section 11-501 or a similar
11provision of a local ordinance, individuals shall be required
12to undergo a professional evaluation to determine if an
13alcohol, drug, or intoxicating compound abuse problem exists
14and the extent of the problem, and undergo the imposition of
15treatment as appropriate. Programs conducting these
16evaluations shall be licensed by the Department of Human
17Services. The cost of any professional evaluation shall be
18paid for by the individual required to undergo the
19professional evaluation.
20    (b) Any person who is found guilty of or pleads guilty to
21violating Section 11-501, including any person receiving a
22disposition of court supervision for violating that Section,
23may be required by the Court to attend a victim impact panel
24offered by, or under contract with, a county State's
25Attorney's office, a probation and court services department,

 

 

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1Mothers Against Drunk Driving, or the Alliance Against
2Intoxicated Motorists. All costs generated by the victim
3impact panel shall be paid from fees collected from the
4offender or as may be determined by the court.
5    (c) (Blank).
6    (d) The Secretary of State shall revoke the driving
7privileges of any person convicted under Section 11-501 or a
8similar provision of a local ordinance.
9    (e) The Secretary of State shall require the use of
10ignition interlock devices for a period not less than 5 years
11on all vehicles owned by a person who has been convicted of a
12second or subsequent offense of Section 11-501 or a similar
13provision of a local ordinance. The person must pay to the
14Secretary of State DUI Administration Fund an amount not to
15exceed $30 for each month that he or she uses the device. The
16Secretary shall establish by rule and regulation the
17procedures for certification and use of the interlock system,
18the amount of the fee, and the procedures, terms, and
19conditions relating to these fees. During the time period in
20which a person is required to install an ignition interlock
21device under this subsection (e), that person shall only
22operate vehicles in which ignition interlock devices have been
23installed, except as allowed by subdivision (c)(5) or (d)(5)
24of Section 6-205 of this Code.
25    (f) (Blank).
26    (g) The Secretary of State Police DUI Fund is created as a

 

 

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1special fund in the State treasury and, subject to
2appropriation, shall be used for enforcement and prevention of
3driving while under the influence of alcohol, other drug or
4drugs, intoxicating compound or compounds or any combination
5thereof, as defined by Section 11-501 of this Code, including,
6but not limited to, the purchase of law enforcement equipment
7and commodities to assist in the prevention of alcohol-related
8criminal violence throughout the State; police officer
9training and education in areas related to alcohol-related
10crime, including, but not limited to, DUI training; and police
11officer salaries, including, but not limited to, salaries for
12hire back funding for safety checkpoints, saturation patrols,
13and liquor store sting operations.
14    (h) Whenever an individual is sentenced for an offense
15based upon an arrest for a violation of Section 11-501 or a
16similar provision of a local ordinance, and the professional
17evaluation recommends remedial or rehabilitative treatment or
18education, neither the treatment nor the education shall be
19the sole disposition and either or both may be imposed only in
20conjunction with another disposition. The court shall monitor
21compliance with any remedial education or treatment
22recommendations contained in the professional evaluation.
23Programs conducting alcohol or other drug evaluation or
24remedial education must be licensed by the Department of Human
25Services. If the individual is not a resident of Illinois,
26however, the court may accept an alcohol or other drug

 

 

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1evaluation or remedial education program in the individual's
2state of residence. Programs providing treatment must be
3licensed under existing applicable alcoholism and drug
4treatment licensure standards.
5    (i) (Blank).
6    (j) A person that is subject to a chemical test or tests of
7blood under subsection (a) of Section 11-501.1 or subdivision
8(c)(2) of Section 11-501.2 of this Code, whether or not that
9person consents to testing, shall be liable for the expense up
10to $500 for blood withdrawal by a physician authorized to
11practice medicine, a licensed physician assistant, a licensed
12advanced practice registered nurse, a registered nurse, a
13trained phlebotomist, a licensed paramedic, or a qualified
14person other than a police officer approved by the Illinois
15Department of State Police to withdraw blood, who responds,
16whether at a law enforcement facility or a health care
17facility, to a police department request for the drawing of
18blood based upon refusal of the person to submit to a lawfully
19requested breath test or probable cause exists to believe the
20test would disclose the ingestion, consumption, or use of
21drugs or intoxicating compounds if:
22        (1) the person is found guilty of violating Section
23    11-501 of this Code or a similar provision of a local
24    ordinance; or
25        (2) the person pleads guilty to or stipulates to facts
26    supporting a violation of Section 11-503 of this Code or a

 

 

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1    similar provision of a local ordinance when the plea or
2    stipulation was the result of a plea agreement in which
3    the person was originally charged with violating Section
4    11-501 of this Code or a similar local ordinance.
5(Source: P.A. 100-513, eff. 1-1-18; 100-987, eff. 7-1-19;
6101-81, eff. 7-12-19.)
 
7    (625 ILCS 5/11-501.2)  (from Ch. 95 1/2, par. 11-501.2)
8    Sec. 11-501.2. Chemical and other tests.
9    (a) Upon the trial of any civil or criminal action or
10proceeding arising out of an arrest for an offense as defined
11in Section 11-501 or a similar local ordinance or proceedings
12pursuant to Section 2-118.1, evidence of the concentration of
13alcohol, other drug or drugs, or intoxicating compound or
14compounds, or any combination thereof in a person's blood or
15breath at the time alleged, as determined by analysis of the
16person's blood, urine, breath, or other bodily substance,
17shall be admissible. Where such test is made the following
18provisions shall apply:
19        1. Chemical analyses of the person's blood, urine,
20    breath, or other bodily substance to be considered valid
21    under the provisions of this Section shall have been
22    performed according to standards promulgated by the
23    Illinois Department of State Police by a licensed
24    physician, registered nurse, trained phlebotomist,
25    licensed paramedic, or other individual possessing a valid

 

 

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1    permit issued by that Department for this purpose. The
2    Director of the Illinois State Police is authorized to
3    approve satisfactory techniques or methods, to ascertain
4    the qualifications and competence of individuals to
5    conduct such analyses, to issue permits which shall be
6    subject to termination or revocation at the discretion of
7    that Department and to certify the accuracy of breath
8    testing equipment. The Illinois Department of State Police
9    shall prescribe regulations as necessary to implement this
10    Section.
11        2. When a person in this State shall submit to a blood
12    test at the request of a law enforcement officer under the
13    provisions of Section 11-501.1, only a physician
14    authorized to practice medicine, a licensed physician
15    assistant, a licensed advanced practice registered nurse,
16    a registered nurse, trained phlebotomist, or licensed
17    paramedic, or other qualified person approved by the
18    Illinois Department of State Police may withdraw blood for
19    the purpose of determining the alcohol, drug, or alcohol
20    and drug content therein. This limitation shall not apply
21    to the taking of breath, other bodily substance, or urine
22    specimens.
23        When a blood test of a person who has been taken to an
24    adjoining state for medical treatment is requested by an
25    Illinois law enforcement officer, the blood may be
26    withdrawn only by a physician authorized to practice

 

 

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1    medicine in the adjoining state, a licensed physician
2    assistant, a licensed advanced practice registered nurse,
3    a registered nurse, a trained phlebotomist acting under
4    the direction of the physician, or licensed paramedic. The
5    law enforcement officer requesting the test shall take
6    custody of the blood sample, and the blood sample shall be
7    analyzed by a laboratory certified by the Illinois
8    Department of State Police for that purpose.
9        3. The person tested may have a physician, or a
10    qualified technician, chemist, registered nurse, or other
11    qualified person of their own choosing administer a
12    chemical test or tests in addition to any administered at
13    the direction of a law enforcement officer. The failure or
14    inability to obtain an additional test by a person shall
15    not preclude the admission of evidence relating to the
16    test or tests taken at the direction of a law enforcement
17    officer.
18        4. Upon the request of the person who shall submit to a
19    chemical test or tests at the request of a law enforcement
20    officer, full information concerning the test or tests
21    shall be made available to the person or such person's
22    attorney.
23        5. Alcohol concentration shall mean either grams of
24    alcohol per 100 milliliters of blood or grams of alcohol
25    per 210 liters of breath.
26        6. Tetrahydrocannabinol concentration means either 5

 

 

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1    nanograms or more of delta-9-tetrahydrocannabinol per
2    milliliter of whole blood or 10 nanograms or more of
3    delta-9-tetrahydrocannabinol per milliliter of other
4    bodily substance.
5    (a-5) Law enforcement officials may use validated roadside
6chemical tests or standardized field sobriety tests approved
7by the National Highway Traffic Safety Administration when
8conducting investigations of a violation of Section 11-501 or
9similar local ordinance by drivers suspected of driving under
10the influence of cannabis. The General Assembly finds that (i)
11validated roadside chemical tests are effective means to
12determine if a person is under the influence of cannabis and
13(ii) standardized field sobriety tests approved by the
14National Highway Traffic Safety Administration are divided
15attention tasks that are intended to determine if a person is
16under the influence of cannabis. The purpose of these tests is
17to determine the effect of the use of cannabis on a person's
18capacity to think and act with ordinary care and therefore
19operate a motor vehicle safely. Therefore, the results of
20these validated roadside chemical tests and standardized field
21sobriety tests, appropriately administered, shall be
22admissible in the trial of any civil or criminal action or
23proceeding arising out of an arrest for a cannabis-related
24offense as defined in Section 11-501 or a similar local
25ordinance or proceedings under Section 2-118.1 or 2-118.2.
26Where a test is made the following provisions shall apply:

 

 

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1        1. The person tested may have a physician, or a
2    qualified technician, chemist, registered nurse, or other
3    qualified person of their own choosing administer a
4    chemical test or tests in addition to the standardized
5    field sobriety test or tests administered at the direction
6    of a law enforcement officer. The failure or inability to
7    obtain an additional test by a person does not preclude
8    the admission of evidence relating to the test or tests
9    taken at the direction of a law enforcement officer.
10        2. Upon the request of the person who shall submit to
11    validated roadside chemical tests or a standardized field
12    sobriety test or tests at the request of a law enforcement
13    officer, full information concerning the test or tests
14    shall be made available to the person or the person's
15    attorney.
16        3. At the trial of any civil or criminal action or
17    proceeding arising out of an arrest for an offense as
18    defined in Section 11-501 or a similar local ordinance or
19    proceedings under Section 2-118.1 or 2-118.2 in which the
20    results of these validated roadside chemical tests or
21    standardized field sobriety tests are admitted, the person
22    may present and the trier of fact may consider evidence
23    that the person lacked the physical capacity to perform
24    the validated roadside chemical tests or standardized
25    field sobriety tests.
26    (b) Upon the trial of any civil or criminal action or

 

 

HB3655- 1614 -LRB102 16922 WGH 22334 b

1proceeding arising out of acts alleged to have been committed
2by any person while driving or in actual physical control of a
3vehicle while under the influence of alcohol, the
4concentration of alcohol in the person's blood or breath at
5the time alleged as shown by analysis of the person's blood,
6urine, breath, or other bodily substance shall give rise to
7the following presumptions:
8        1. If there was at that time an alcohol concentration
9    of 0.05 or less, it shall be presumed that the person was
10    not under the influence of alcohol.
11        2. If there was at that time an alcohol concentration
12    in excess of 0.05 but less than 0.08, such facts shall not
13    give rise to any presumption that the person was or was not
14    under the influence of alcohol, but such fact may be
15    considered with other competent evidence in determining
16    whether the person was under the influence of alcohol.
17        3. If there was at that time an alcohol concentration
18    of 0.08 or more, it shall be presumed that the person was
19    under the influence of alcohol.
20        4. The foregoing provisions of this Section shall not
21    be construed as limiting the introduction of any other
22    relevant evidence bearing upon the question whether the
23    person was under the influence of alcohol.
24    (b-5) Upon the trial of any civil or criminal action or
25proceeding arising out of acts alleged to have been committed
26by any person while driving or in actual physical control of a

 

 

HB3655- 1615 -LRB102 16922 WGH 22334 b

1vehicle while under the influence of alcohol, other drug or
2drugs, intoxicating compound or compounds or any combination
3thereof, the concentration of cannabis in the person's whole
4blood or other bodily substance at the time alleged as shown by
5analysis of the person's blood or other bodily substance shall
6give rise to the following presumptions:
7        1. If there was a tetrahydrocannabinol concentration
8    of 5 nanograms or more in whole blood or 10 nanograms or
9    more in an other bodily substance as defined in this
10    Section, it shall be presumed that the person was under
11    the influence of cannabis.
12        2. If there was at that time a tetrahydrocannabinol
13    concentration of less than 5 nanograms in whole blood or
14    less than 10 nanograms in an other bodily substance, such
15    facts shall not give rise to any presumption that the
16    person was or was not under the influence of cannabis, but
17    such fact may be considered with other competent evidence
18    in determining whether the person was under the influence
19    of cannabis.
20    (c) 1. If a person under arrest refuses to submit to a
21chemical test under the provisions of Section 11-501.1,
22evidence of refusal shall be admissible in any civil or
23criminal action or proceeding arising out of acts alleged to
24have been committed while the person under the influence of
25alcohol, other drug or drugs, or intoxicating compound or
26compounds, or any combination thereof was driving or in actual

 

 

HB3655- 1616 -LRB102 16922 WGH 22334 b

1physical control of a motor vehicle.
2    2. Notwithstanding any ability to refuse under this Code
3to submit to these tests or any ability to revoke the implied
4consent to these tests, if a law enforcement officer has
5probable cause to believe that a motor vehicle driven by or in
6actual physical control of a person under the influence of
7alcohol, other drug or drugs, or intoxicating compound or
8compounds, or any combination thereof has caused the death or
9personal injury to another, the law enforcement officer shall
10request, and that person shall submit, upon the request of a
11law enforcement officer, to a chemical test or tests of his or
12her blood, breath, other bodily substance, or urine for the
13purpose of determining the alcohol content thereof or the
14presence of any other drug or combination of both.
15    This provision does not affect the applicability of or
16imposition of driver's license sanctions under Section
1711-501.1 of this Code.
18    3. For purposes of this Section, a personal injury
19includes any Type A injury as indicated on the traffic
20accident report completed by a law enforcement officer that
21requires immediate professional attention in either a doctor's
22office or a medical facility. A Type A injury includes severe
23bleeding wounds, distorted extremities, and injuries that
24require the injured party to be carried from the scene.
25    (d) If a person refuses validated roadside chemical tests
26or standardized field sobriety tests under Section 11-501.9 of

 

 

HB3655- 1617 -LRB102 16922 WGH 22334 b

1this Code, evidence of refusal shall be admissible in any
2civil or criminal action or proceeding arising out of acts
3committed while the person was driving or in actual physical
4control of a vehicle and alleged to have been impaired by the
5use of cannabis.
6    (e) Illinois Department of State Police compliance with
7the changes in this amendatory Act of the 99th General
8Assembly concerning testing of other bodily substances and
9tetrahydrocannabinol concentration by Illinois Department of
10State Police laboratories is subject to appropriation and
11until the Illinois Department of State Police adopt standards
12and completion validation. Any laboratories that test for the
13presence of cannabis or other drugs under this Article, the
14Snowmobile Registration and Safety Act, or the Boat
15Registration and Safety Act must comply with ISO/IEC
1617025:2005.
17(Source: P.A. 100-513, eff. 1-1-18; 101-27, eff. 6-25-19.)
 
18    (625 ILCS 5/11-501.4-1)
19    Sec. 11-501.4-1. Reporting of test results of blood, other
20bodily substance, or urine conducted in the regular course of
21providing emergency medical treatment.
22    (a) Notwithstanding any other provision of law, the
23results of blood, other bodily substance, or urine tests
24performed for the purpose of determining the content of
25alcohol, other drug or drugs, or intoxicating compound or

 

 

HB3655- 1618 -LRB102 16922 WGH 22334 b

1compounds, or any combination thereof, in an individual's
2blood, other bodily substance, or urine conducted upon persons
3receiving medical treatment in a hospital emergency room for
4injuries resulting from a motor vehicle accident shall be
5disclosed to the Illinois Department of State Police or local
6law enforcement agencies of jurisdiction, upon request. Such
7blood, other bodily substance, or urine tests are admissible
8in evidence as a business record exception to the hearsay rule
9only in prosecutions for any violation of Section 11-501 of
10this Code or a similar provision of a local ordinance, or in
11prosecutions for reckless homicide brought under the Criminal
12Code of 1961 or the Criminal Code of 2012.
13    (b) The confidentiality provisions of law pertaining to
14medical records and medical treatment shall not be applicable
15with regard to tests performed upon an individual's blood,
16other bodily substance, or urine under the provisions of
17subsection (a) of this Section. No person shall be liable for
18civil damages or professional discipline as a result of the
19disclosure or reporting of the tests or the evidentiary use of
20an individual's blood, other bodily substance, or urine test
21results under this Section or Section 11-501.4 or as a result
22of that person's testimony made available under this Section
23or Section 11-501.4, except for willful or wanton misconduct.
24(Source: P.A. 99-697, eff. 7-29-16.)
 
25    (625 ILCS 5/11-501.5)  (from Ch. 95 1/2, par. 11-501.5)

 

 

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1    Sec. 11-501.5. Preliminary Breath Screening Test.
2    (a) If a law enforcement officer has reasonable suspicion
3to believe that a person is violating or has violated Section
411-501 or a similar provision of a local ordinance, the
5officer, prior to an arrest, may request the person to provide
6a sample of his or her breath for a preliminary breath
7screening test using a portable device approved by the
8Illinois Department of State Police. The person may refuse the
9test. The results of this preliminary breath screening test
10may be used by the law enforcement officer for the purpose of
11assisting with the determination of whether to require a
12chemical test as authorized under Sections 11-501.1 and
1311-501.2, and the appropriate type of test to request. Any
14chemical test authorized under Sections 11-501.1 and 11-501.2
15may be requested by the officer regardless of the result of the
16preliminary breath screening test, if probable cause for an
17arrest exists. The result of a preliminary breath screening
18test may be used by the defendant as evidence in any
19administrative or court proceeding involving a violation of
20Section 11-501 or 11-501.1.
21    (b) The Illinois Department of State Police shall create a
22pilot program to establish the effectiveness of pupillometer
23technology (the measurement of the pupil's reaction to light)
24as a noninvasive technique to detect and measure possible
25impairment of any person who drives or is in actual physical
26control of a motor vehicle resulting from the suspected usage

 

 

HB3655- 1620 -LRB102 16922 WGH 22334 b

1of alcohol, other drug or drugs, intoxicating compound or
2compounds or any combination thereof. This technology shall
3also be used to detect fatigue levels of the operator of a
4Commercial Motor Vehicle as defined in Section 6-500(6),
5pursuant to Section 18b-105 (Part 395-Hours of Service of
6Drivers) of the Illinois Vehicle Code. A State Police officer
7may request that the operator of a commercial motor vehicle
8have his or her eyes examined or tested with a pupillometer
9device. The person may refuse the examination or test. The
10State Police officer shall have the device readily available
11to limit undue delays.
12    If a State Police officer has reasonable suspicion to
13believe that a person is violating or has violated Section
1411-501, the officer may use the pupillometer technology, when
15available. The officer, prior to an arrest, may request the
16person to have his or her eyes examined or tested with a
17pupillometer device. The person may refuse the examination or
18test. The results of this examination or test may be used by
19the officer for the purpose of assisting with the
20determination of whether to require a chemical test as
21authorized under Sections 11-501.1 and 11-501.2 and the
22appropriate type of test to request. Any chemical test
23authorized under Sections 11-501.1 and 11-501.2 may be
24requested by the officer regardless of the result of the
25pupillometer examination or test, if probable cause for an
26arrest exists. The result of the examination or test may be

 

 

HB3655- 1621 -LRB102 16922 WGH 22334 b

1used by the defendant as evidence in any administrative or
2court proceeding involving a violation of 11-501 or 11-501.1.
3    The pilot program shall last for a period of 18 months and
4involve the testing of 15 pupillometer devices. Within 90 days
5of the completion of the pilot project, the Illinois
6Department of State Police shall file a report with the
7President of the Senate and Speaker of the House evaluating
8the project.
9(Source: P.A. 91-828, eff. 1-1-01; 91-881, eff. 6-30-00;
1092-16, eff. 6-28-01.)
 
11    (625 ILCS 5/11-501.6)  (from Ch. 95 1/2, par. 11-501.6)
12    Sec. 11-501.6. Driver involvement in personal injury or
13fatal motor vehicle accident; chemical test.
14    (a) Any person who drives or is in actual control of a
15motor vehicle upon the public highways of this State and who
16has been involved in a personal injury or fatal motor vehicle
17accident, shall be deemed to have given consent to a breath
18test using a portable device as approved by the Illinois
19Department of State Police or to a chemical test or tests of
20blood, breath, other bodily substance, or urine for the
21purpose of determining the content of alcohol, other drug or
22drugs, or intoxicating compound or compounds of such person's
23blood if arrested as evidenced by the issuance of a Uniform
24Traffic Ticket for any violation of the Illinois Vehicle Code
25or a similar provision of a local ordinance, with the

 

 

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1exception of equipment violations contained in Chapter 12 of
2this Code, or similar provisions of local ordinances. The test
3or tests shall be administered at the direction of the
4arresting officer. The law enforcement agency employing the
5officer shall designate which of the aforesaid tests shall be
6administered. Up to 2 additional tests of urine or other
7bodily substance may be administered even after a blood or
8breath test or both has been administered. Compliance with
9this Section does not relieve such person from the
10requirements of Section 11-501.1 of this Code.
11    (b) Any person who is dead, unconscious or who is
12otherwise in a condition rendering such person incapable of
13refusal shall be deemed not to have withdrawn the consent
14provided by subsection (a) of this Section. In addition, if a
15driver of a vehicle is receiving medical treatment as a result
16of a motor vehicle accident, any physician licensed to
17practice medicine, licensed physician assistant, licensed
18advanced practice registered nurse, registered nurse or a
19phlebotomist acting under the direction of a licensed
20physician shall withdraw blood for testing purposes to
21ascertain the presence of alcohol, other drug or drugs, or
22intoxicating compound or compounds, upon the specific request
23of a law enforcement officer. However, no such testing shall
24be performed until, in the opinion of the medical personnel on
25scene, the withdrawal can be made without interfering with or
26endangering the well-being of the patient.

 

 

HB3655- 1623 -LRB102 16922 WGH 22334 b

1    (c) A person requested to submit to a test as provided
2above shall be warned by the law enforcement officer
3requesting the test that a refusal to submit to the test, or
4submission to the test resulting in an alcohol concentration
5of 0.08 or more, or testing discloses the presence of cannabis
6as listed in the Cannabis Control Act with a
7tetrahydrocannabinol concentration as defined in paragraph 6
8of subsection (a) of Section 11-501.2 of this Code, or any
9amount of a drug, substance, or intoxicating compound
10resulting from the unlawful use or consumption of a controlled
11substance listed in the Illinois Controlled Substances Act, an
12intoxicating compound listed in the Use of Intoxicating
13Compounds Act, or methamphetamine as listed in the
14Methamphetamine Control and Community Protection Act as
15detected in such person's blood, other bodily substance, or
16urine, may result in the suspension of such person's privilege
17to operate a motor vehicle. If the person is also a CDL holder,
18he or she shall be warned by the law enforcement officer
19requesting the test that a refusal to submit to the test, or
20submission to the test resulting in an alcohol concentration
21of 0.08 or more, or any amount of a drug, substance, or
22intoxicating compound resulting from the unlawful use or
23consumption of cannabis, as covered by the Cannabis Control
24Act, a controlled substance listed in the Illinois Controlled
25Substances Act, an intoxicating compound listed in the Use of
26Intoxicating Compounds Act, or methamphetamine as listed in

 

 

HB3655- 1624 -LRB102 16922 WGH 22334 b

1the Methamphetamine Control and Community Protection Act as
2detected in the person's blood, other bodily substance, or
3urine, may result in the disqualification of the person's
4privilege to operate a commercial motor vehicle, as provided
5in Section 6-514 of this Code. The length of the suspension
6shall be the same as outlined in Section 6-208.1 of this Code
7regarding statutory summary suspensions.
8    A person requested to submit to a test shall also
9acknowledge, in writing, receipt of the warning required under
10this Section. If the person refuses to acknowledge receipt of
11the warning, the law enforcement officer shall make a written
12notation on the warning that the person refused to sign the
13warning. A person's refusal to sign the warning shall not be
14evidence that the person was not read the warning.
15    (d) If the person refuses testing or submits to a test
16which discloses an alcohol concentration of 0.08 or more, the
17presence of cannabis as listed in the Cannabis Control Act
18with a tetrahydrocannabinol concentration as defined in
19paragraph 6 of subsection (a) of Section 11-501.2 of this
20Code, or any amount of a drug, substance, or intoxicating
21compound in such person's blood or urine resulting from the
22unlawful use or consumption of a controlled substance listed
23in the Illinois Controlled Substances Act, an intoxicating
24compound listed in the Use of Intoxicating Compounds Act, or
25methamphetamine as listed in the Methamphetamine Control and
26Community Protection Act, the law enforcement officer shall

 

 

HB3655- 1625 -LRB102 16922 WGH 22334 b

1immediately submit a sworn report to the Secretary of State on
2a form prescribed by the Secretary, certifying that the test
3or tests were requested under subsection (a) and the person
4refused to submit to a test or tests or submitted to testing
5which disclosed an alcohol concentration of 0.08 or more, the
6presence of cannabis as listed in the Cannabis Control Act
7with a tetrahydrocannabinol concentration as defined in
8paragraph 6 of subsection (a) of Section 11-501.2 of this
9Code, or any amount of a drug, substance, or intoxicating
10compound in such person's blood, other bodily substance, or
11urine, resulting from the unlawful use or consumption of a
12controlled substance listed in the Illinois Controlled
13Substances Act, an intoxicating compound listed in the Use of
14Intoxicating Compounds Act, or methamphetamine as listed in
15the Methamphetamine Control and Community Protection Act. If
16the person is also a CDL holder and refuses testing or submits
17to a test which discloses an alcohol concentration of 0.08 or
18more, or any amount of a drug, substance, or intoxicating
19compound in the person's blood, other bodily substance, or
20urine resulting from the unlawful use or consumption of
21cannabis listed in the Cannabis Control Act, a controlled
22substance listed in the Illinois Controlled Substances Act, an
23intoxicating compound listed in the Use of Intoxicating
24Compounds Act, or methamphetamine as listed in the
25Methamphetamine Control and Community Protection Act, the law
26enforcement officer shall immediately submit a sworn report to

 

 

HB3655- 1626 -LRB102 16922 WGH 22334 b

1the Secretary of State on a form prescribed by the Secretary,
2certifying that the test or tests were requested under
3subsection (a) and the person refused to submit to a test or
4tests or submitted to testing which disclosed an alcohol
5concentration of 0.08 or more, or any amount of a drug,
6substance, or intoxicating compound in such person's blood,
7other bodily substance, or urine, resulting from the unlawful
8use or consumption of cannabis listed in the Cannabis Control
9Act, a controlled substance listed in the Illinois Controlled
10Substances Act, an intoxicating compound listed in the Use of
11Intoxicating Compounds Act, or methamphetamine as listed in
12the Methamphetamine Control and Community Protection Act.
13    Upon receipt of the sworn report of a law enforcement
14officer, the Secretary shall enter the suspension and
15disqualification to the individual's driving record and the
16suspension and disqualification shall be effective on the 46th
17day following the date notice of the suspension was given to
18the person.
19    The law enforcement officer submitting the sworn report
20shall serve immediate notice of this suspension on the person
21and such suspension and disqualification shall be effective on
22the 46th day following the date notice was given.
23    In cases involving a person who is not a CDL holder where
24the blood alcohol concentration of 0.08 or more, or blood
25testing discloses the presence of cannabis as listed in the
26Cannabis Control Act with a tetrahydrocannabinol concentration

 

 

HB3655- 1627 -LRB102 16922 WGH 22334 b

1as defined in paragraph 6 of subsection (a) of Section
211-501.2 of this Code, or any amount of a drug, substance, or
3intoxicating compound resulting from the unlawful use or
4consumption of a controlled substance listed in the Illinois
5Controlled Substances Act, an intoxicating compound listed in
6the Use of Intoxicating Compounds Act, or methamphetamine as
7listed in the Methamphetamine Control and Community Protection
8Act, is established by a subsequent analysis of blood, other
9bodily substance, or urine collected at the time of arrest,
10the arresting officer shall give notice as provided in this
11Section or by deposit in the United States mail of such notice
12in an envelope with postage prepaid and addressed to such
13person at his or her address as shown on the Uniform Traffic
14Ticket and the suspension shall be effective on the 46th day
15following the date notice was given.
16    In cases involving a person who is a CDL holder where the
17blood alcohol concentration of 0.08 or more, or any amount of a
18drug, substance, or intoxicating compound resulting from the
19unlawful use or consumption of cannabis as listed in the
20Cannabis Control Act, a controlled substance listed in the
21Illinois Controlled Substances Act, an intoxicating compound
22listed in the Use of Intoxicating Compounds Act, or
23methamphetamine as listed in the Methamphetamine Control and
24Community Protection Act, is established by a subsequent
25analysis of blood, other bodily substance, or urine collected
26at the time of arrest, the arresting officer shall give notice

 

 

HB3655- 1628 -LRB102 16922 WGH 22334 b

1as provided in this Section or by deposit in the United States
2mail of such notice in an envelope with postage prepaid and
3addressed to the person at his or her address as shown on the
4Uniform Traffic Ticket and the suspension and disqualification
5shall be effective on the 46th day following the date notice
6was given.
7    Upon receipt of the sworn report of a law enforcement
8officer, the Secretary shall also give notice of the
9suspension and disqualification to the driver by mailing a
10notice of the effective date of the suspension and
11disqualification to the individual. However, should the sworn
12report be defective by not containing sufficient information
13or be completed in error, the notice of the suspension and
14disqualification shall not be mailed to the person or entered
15to the driving record, but rather the sworn report shall be
16returned to the issuing law enforcement agency.
17    (e) A driver may contest this suspension of his or her
18driving privileges and disqualification of his or her CDL
19privileges by requesting an administrative hearing with the
20Secretary in accordance with Section 2-118 of this Code. At
21the conclusion of a hearing held under Section 2-118 of this
22Code, the Secretary may rescind, continue, or modify the
23orders of suspension and disqualification. If the Secretary
24does not rescind the orders of suspension and
25disqualification, a restricted driving permit may be granted
26by the Secretary upon application being made and good cause

 

 

HB3655- 1629 -LRB102 16922 WGH 22334 b

1shown. A restricted driving permit may be granted to relieve
2undue hardship to allow driving for employment, educational,
3and medical purposes as outlined in Section 6-206 of this
4Code. The provisions of Section 6-206 of this Code shall
5apply. In accordance with 49 C.F.R. 384, the Secretary of
6State may not issue a restricted driving permit for the
7operation of a commercial motor vehicle to a person holding a
8CDL whose driving privileges have been suspended, revoked,
9cancelled, or disqualified.
10    (f) (Blank).
11    (g) For the purposes of this Section, a personal injury
12shall include any type A injury as indicated on the traffic
13accident report completed by a law enforcement officer that
14requires immediate professional attention in either a doctor's
15office or a medical facility. A type A injury shall include
16severely bleeding wounds, distorted extremities, and injuries
17that require the injured party to be carried from the scene.
18(Source: P.A. 99-467, eff. 1-1-16; 99-697, eff. 7-29-16;
19100-513, eff. 1-1-18.)
 
20    (625 ILCS 5/11-501.8)
21    Sec. 11-501.8. Suspension of driver's license; persons
22under age 21.
23    (a) A person who is less than 21 years of age and who
24drives or is in actual physical control of a motor vehicle upon
25the public highways of this State shall be deemed to have given

 

 

HB3655- 1630 -LRB102 16922 WGH 22334 b

1consent to a chemical test or tests of blood, breath, other
2bodily substance, or urine for the purpose of determining the
3alcohol content of the person's blood if arrested, as
4evidenced by the issuance of a Uniform Traffic Ticket for any
5violation of the Illinois Vehicle Code or a similar provision
6of a local ordinance, if a police officer has probable cause to
7believe that the driver has consumed any amount of an
8alcoholic beverage based upon evidence of the driver's
9physical condition or other first hand knowledge of the police
10officer. The test or tests shall be administered at the
11direction of the arresting officer. The law enforcement agency
12employing the officer shall designate which of the aforesaid
13tests shall be administered. Up to 2 additional tests of urine
14or other bodily substance may be administered even after a
15blood or breath test or both has been administered.
16    (b) A person who is dead, unconscious, or who is otherwise
17in a condition rendering that person incapable of refusal,
18shall be deemed not to have withdrawn the consent provided by
19paragraph (a) of this Section and the test or tests may be
20administered subject to the following provisions:
21        (i) Chemical analysis of the person's blood, urine,
22    breath, or other bodily substance, to be considered valid
23    under the provisions of this Section, shall have been
24    performed according to standards promulgated by the
25    Illinois Department of State Police by an individual
26    possessing a valid permit issued by that Department for

 

 

HB3655- 1631 -LRB102 16922 WGH 22334 b

1    this purpose. The Director of the Illinois State Police is
2    authorized to approve satisfactory techniques or methods,
3    to ascertain the qualifications and competence of
4    individuals to conduct analyses, to issue permits that
5    shall be subject to termination or revocation at the
6    direction of that Department, and to certify the accuracy
7    of breath testing equipment. The Illinois Department of
8    State Police shall prescribe regulations as necessary.
9        (ii) When a person submits to a blood test at the
10    request of a law enforcement officer under the provisions
11    of this Section, only a physician authorized to practice
12    medicine, a licensed physician assistant, a licensed
13    advanced practice registered nurse, a registered nurse, or
14    other qualified person trained in venipuncture and acting
15    under the direction of a licensed physician may withdraw
16    blood for the purpose of determining the alcohol content
17    therein. This limitation does not apply to the taking of
18    breath, other bodily substance, or urine specimens.
19        (iii) The person tested may have a physician,
20    qualified technician, chemist, registered nurse, or other
21    qualified person of his or her own choosing administer a
22    chemical test or tests in addition to any test or tests
23    administered at the direction of a law enforcement
24    officer. The failure or inability to obtain an additional
25    test by a person shall not preclude the consideration of
26    the previously performed chemical test.

 

 

HB3655- 1632 -LRB102 16922 WGH 22334 b

1        (iv) Upon a request of the person who submits to a
2    chemical test or tests at the request of a law enforcement
3    officer, full information concerning the test or tests
4    shall be made available to the person or that person's
5    attorney.
6        (v) Alcohol concentration means either grams of
7    alcohol per 100 milliliters of blood or grams of alcohol
8    per 210 liters of breath.
9        (vi) If a driver is receiving medical treatment as a
10    result of a motor vehicle accident, a physician licensed
11    to practice medicine, licensed physician assistant,
12    licensed advanced practice registered nurse, registered
13    nurse, or other qualified person trained in venipuncture
14    and acting under the direction of a licensed physician
15    shall withdraw blood for testing purposes to ascertain the
16    presence of alcohol upon the specific request of a law
17    enforcement officer. However, that testing shall not be
18    performed until, in the opinion of the medical personnel
19    on scene, the withdrawal can be made without interfering
20    with or endangering the well-being of the patient.
21    (c) A person requested to submit to a test as provided
22above shall be warned by the law enforcement officer
23requesting the test that a refusal to submit to the test, or
24submission to the test resulting in an alcohol concentration
25of more than 0.00, may result in the loss of that person's
26privilege to operate a motor vehicle and may result in the

 

 

HB3655- 1633 -LRB102 16922 WGH 22334 b

1disqualification of the person's privilege to operate a
2commercial motor vehicle, as provided in Section 6-514 of this
3Code, if the person is a CDL holder. The loss of driving
4privileges shall be imposed in accordance with Section 6-208.2
5of this Code.
6    A person requested to submit to a test shall also
7acknowledge, in writing, receipt of the warning required under
8this Section. If the person refuses to acknowledge receipt of
9the warning, the law enforcement officer shall make a written
10notation on the warning that the person refused to sign the
11warning. A person's refusal to sign the warning shall not be
12evidence that the person was not read the warning.
13    (d) If the person refuses testing or submits to a test that
14discloses an alcohol concentration of more than 0.00, the law
15enforcement officer shall immediately submit a sworn report to
16the Secretary of State on a form prescribed by the Secretary of
17State, certifying that the test or tests were requested under
18subsection (a) and the person refused to submit to a test or
19tests or submitted to testing which disclosed an alcohol
20concentration of more than 0.00. The law enforcement officer
21shall submit the same sworn report when a person under the age
22of 21 submits to testing under Section 11-501.1 of this Code
23and the testing discloses an alcohol concentration of more
24than 0.00 and less than 0.08.
25    Upon receipt of the sworn report of a law enforcement
26officer, the Secretary of State shall enter the suspension and

 

 

HB3655- 1634 -LRB102 16922 WGH 22334 b

1disqualification on the individual's driving record and the
2suspension and disqualification shall be effective on the 46th
3day following the date notice of the suspension was given to
4the person. If this suspension is the individual's first
5driver's license suspension under this Section, reports
6received by the Secretary of State under this Section shall,
7except during the time the suspension is in effect, be
8privileged information and for use only by the courts, police
9officers, prosecuting authorities, the Secretary of State, or
10the individual personally, unless the person is a CDL holder,
11is operating a commercial motor vehicle or vehicle required to
12be placarded for hazardous materials, in which case the
13suspension shall not be privileged. Reports received by the
14Secretary of State under this Section shall also be made
15available to the parent or guardian of a person under the age
16of 18 years that holds an instruction permit or a graduated
17driver's license, regardless of whether the suspension is in
18effect.
19    The law enforcement officer submitting the sworn report
20shall serve immediate notice of this suspension on the person
21and the suspension and disqualification shall be effective on
22the 46th day following the date notice was given.
23    In cases where the blood alcohol concentration of more
24than 0.00 is established by a subsequent analysis of blood,
25other bodily substance, or urine, the police officer or
26arresting agency shall give notice as provided in this Section

 

 

HB3655- 1635 -LRB102 16922 WGH 22334 b

1or by deposit in the United States mail of that notice in an
2envelope with postage prepaid and addressed to that person at
3his last known address and the loss of driving privileges
4shall be effective on the 46th day following the date notice
5was given.
6    Upon receipt of the sworn report of a law enforcement
7officer, the Secretary of State shall also give notice of the
8suspension and disqualification to the driver by mailing a
9notice of the effective date of the suspension and
10disqualification to the individual. However, should the sworn
11report be defective by not containing sufficient information
12or be completed in error, the notice of the suspension and
13disqualification shall not be mailed to the person or entered
14to the driving record, but rather the sworn report shall be
15returned to the issuing law enforcement agency.
16    (e) A driver may contest this suspension and
17disqualification by requesting an administrative hearing with
18the Secretary of State in accordance with Section 2-118 of
19this Code. An individual whose blood alcohol concentration is
20shown to be more than 0.00 is not subject to this Section if he
21or she consumed alcohol in the performance of a religious
22service or ceremony. An individual whose blood alcohol
23concentration is shown to be more than 0.00 shall not be
24subject to this Section if the individual's blood alcohol
25concentration resulted only from ingestion of the prescribed
26or recommended dosage of medicine that contained alcohol. The

 

 

HB3655- 1636 -LRB102 16922 WGH 22334 b

1petition for that hearing shall not stay or delay the
2effective date of the impending suspension. The scope of this
3hearing shall be limited to the issues of:
4        (1) whether the police officer had probable cause to
5    believe that the person was driving or in actual physical
6    control of a motor vehicle upon the public highways of the
7    State and the police officer had reason to believe that
8    the person was in violation of any provision of the
9    Illinois Vehicle Code or a similar provision of a local
10    ordinance; and
11        (2) whether the person was issued a Uniform Traffic
12    Ticket for any violation of the Illinois Vehicle Code or a
13    similar provision of a local ordinance; and
14        (3) whether the police officer had probable cause to
15    believe that the driver had consumed any amount of an
16    alcoholic beverage based upon the driver's physical
17    actions or other first-hand knowledge of the police
18    officer; and
19        (4) whether the person, after being advised by the
20    officer that the privilege to operate a motor vehicle
21    would be suspended if the person refused to submit to and
22    complete the test or tests, did refuse to submit to or
23    complete the test or tests to determine the person's
24    alcohol concentration; and
25        (5) whether the person, after being advised by the
26    officer that the privileges to operate a motor vehicle

 

 

HB3655- 1637 -LRB102 16922 WGH 22334 b

1    would be suspended if the person submits to a chemical
2    test or tests and the test or tests disclose an alcohol
3    concentration of more than 0.00, did submit to and
4    complete the test or tests that determined an alcohol
5    concentration of more than 0.00; and
6        (6) whether the test result of an alcohol
7    concentration of more than 0.00 was based upon the
8    person's consumption of alcohol in the performance of a
9    religious service or ceremony; and
10        (7) whether the test result of an alcohol
11    concentration of more than 0.00 was based upon the
12    person's consumption of alcohol through ingestion of the
13    prescribed or recommended dosage of medicine.
14    At the conclusion of the hearing held under Section 2-118
15of this Code, the Secretary of State may rescind, continue, or
16modify the suspension and disqualification. If the Secretary
17of State does not rescind the suspension and disqualification,
18a restricted driving permit may be granted by the Secretary of
19State upon application being made and good cause shown. A
20restricted driving permit may be granted to relieve undue
21hardship by allowing driving for employment, educational, and
22medical purposes as outlined in item (3) of part (c) of Section
236-206 of this Code. The provisions of item (3) of part (c) of
24Section 6-206 of this Code and of subsection (f) of that
25Section shall apply. The Secretary of State shall promulgate
26rules providing for participation in an alcohol education and

 

 

HB3655- 1638 -LRB102 16922 WGH 22334 b

1awareness program or activity, a drug education and awareness
2program or activity, or both as a condition to the issuance of
3a restricted driving permit for suspensions imposed under this
4Section.
5    (f) The results of any chemical testing performed in
6accordance with subsection (a) of this Section are not
7admissible in any civil or criminal proceeding, except that
8the results of the testing may be considered at a hearing held
9under Section 2-118 of this Code. However, the results of the
10testing may not be used to impose driver's license sanctions
11under Section 11-501.1 of this Code. A law enforcement officer
12may, however, pursue a statutory summary suspension or
13revocation of driving privileges under Section 11-501.1 of
14this Code if other physical evidence or first hand knowledge
15forms the basis of that suspension or revocation.
16    (g) This Section applies only to drivers who are under age
1721 at the time of the issuance of a Uniform Traffic Ticket for
18a violation of the Illinois Vehicle Code or a similar
19provision of a local ordinance, and a chemical test request is
20made under this Section.
21    (h) The action of the Secretary of State in suspending,
22revoking, cancelling, or disqualifying any license or permit
23shall be subject to judicial review in the Circuit Court of
24Sangamon County or in the Circuit Court of Cook County, and the
25provisions of the Administrative Review Law and its rules are
26hereby adopted and shall apply to and govern every action for

 

 

HB3655- 1639 -LRB102 16922 WGH 22334 b

1the judicial review of final acts or decisions of the
2Secretary of State under this Section.
3(Source: P.A. 99-467, eff. 1-1-16; 99-697, eff. 7-29-16;
4100-513, eff. 1-1-18.)
 
5    (625 ILCS 5/11-501.10)
6    (Section scheduled to be repealed on July 1, 2021)
7    Sec. 11-501.10. DUI Cannabis Task Force.
8    (a) The DUI Cannabis Task Force is hereby created to study
9the issue of driving under the influence of cannabis. The Task
10Force shall consist of the following members:
11        (1) The Director of the Illinois State Police, or his
12    or her designee, who shall serve as chair;
13        (2) The Secretary of State, or his or her designee;
14        (3) The President of the Illinois State's Attorneys
15    Association, or his or her designee;
16        (4) The President of the Illinois Association of
17    Criminal Defense Lawyers, or his or her designee;
18        (5) One member appointed by the Speaker of the House
19    of Representatives;
20        (6) One member appointed by the Minority Leader of the
21    House of Representatives;
22        (7) One member appointed by the President of the
23    Senate;
24        (8) One member appointed by the Minority Leader of the
25    Senate;

 

 

HB3655- 1640 -LRB102 16922 WGH 22334 b

1        (9) One member of an organization dedicated to end
2    drunk driving and drugged driving;
3        (10) The president of a statewide bar association,
4    appointed by the Governor;
5        (11) One member of a statewide organization
6    representing civil and constitutional rights, appointed by
7    the Governor;
8        (12) One member of a statewide association
9    representing chiefs of police, appointed by the Governor;
10    and
11        (13) One member of a statewide association
12    representing sheriffs, appointed by the Governor.
13    (b) The members of the Task Force shall serve without
14compensation.
15    (c) The Task Force shall examine best practices in the
16area of driving under the influence of cannabis enforcement,
17including examining emerging technology in roadside testing.
18    (d) The Task Force shall meet no fewer than 3 times and
19shall present its report and recommendations on improvements
20to enforcement of driving under the influence of cannabis, in
21electronic format, to the Governor and the General Assembly no
22later than July 1, 2020.
23    (e) The Illinois Department of State Police shall provide
24administrative support to the Task Force as needed. The
25Sentencing Policy Advisory Council shall provide data on
26driving under the influence of cannabis offenses and other

 

 

HB3655- 1641 -LRB102 16922 WGH 22334 b

1data to the Task Force as needed.
2    (f) This Section is repealed on July 1, 2021.
3(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
4    (625 ILCS 5/11-605.1)
5    Sec. 11-605.1. Special limit while traveling through a
6highway construction or maintenance speed zone.
7    (a) A person may not operate a motor vehicle in a
8construction or maintenance speed zone at a speed in excess of
9the posted speed limit when workers are present.
10    (a-5) A person may not operate a motor vehicle in a
11construction or maintenance speed zone at a speed in excess of
12the posted speed limit when workers are not present.
13    (b) Nothing in this Chapter prohibits the use of
14electronic speed-detecting devices within 500 feet of signs
15within a construction or maintenance speed zone indicating the
16zone, as defined in this Section, nor shall evidence obtained
17by use of those devices be inadmissible in any prosecution for
18speeding, provided the use of the device shall apply only to
19the enforcement of the speed limit in the construction or
20maintenance speed zone.
21    (c) As used in this Section, a "construction or
22maintenance speed zone" is an area in which the Department,
23Toll Highway Authority, or local agency has posted signage
24advising drivers that a construction or maintenance speed zone
25is being approached, or in which the Department, Authority, or

 

 

HB3655- 1642 -LRB102 16922 WGH 22334 b

1local agency has posted a lower speed limit with a highway
2construction or maintenance speed zone special speed limit
3sign after determining that the preexisting established speed
4limit through a highway construction or maintenance project is
5greater than is reasonable or safe with respect to the
6conditions expected to exist in the construction or
7maintenance speed zone.
8    If it is determined that the preexisting established speed
9limit is safe with respect to the conditions expected to exist
10in the construction or maintenance speed zone, additional
11speed limit signs which conform to the requirements of this
12subsection (c) shall be posted.
13    Highway construction or maintenance speed zone special
14speed limit signs shall be of a design approved by the
15Department. The signs must give proper due warning that a
16construction or maintenance speed zone is being approached and
17must indicate the maximum speed limit in effect. The signs
18also must state the amount of the minimum fine for a violation.
19    (d) Except as provided under subsection (d-5), a person
20who violates this Section is guilty of a petty offense.
21Violations of this Section are punishable with a minimum fine
22of $250 for the first violation and a minimum fine of $750 for
23the second or subsequent violation.
24    (d-5) A person committing a violation of this Section is
25guilty of aggravated special speed limit while traveling
26through a highway construction or maintenance speed zone when

 

 

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1he or she drives a motor vehicle at a speed that is:
2        (1) 26 miles per hour or more but less than 35 miles
3    per hour in excess of the applicable special speed limit
4    established under this Section or a similar provision of a
5    local ordinance and is guilty of a Class B misdemeanor; or
6        (2) 35 miles per hour or more in excess of the
7    applicable special speed limit established under this
8    Section or a similar provision of a local ordinance and is
9    guilty of a Class A misdemeanor.
10    (e) (Blank).
11    (e-5) The Illinois Department of State Police and the
12local county police department have concurrent jurisdiction
13over any violation of this Section that occurs on an
14interstate highway.
15    (f) The Transportation Safety Highway Hire-back Fund,
16which was created by Public Act 92-619, shall continue to be a
17special fund in the State treasury. Subject to appropriation
18by the General Assembly and approval by the Secretary, the
19Secretary of Transportation shall use all moneys in the
20Transportation Safety Highway Hire-back Fund to hire off-duty
21Illinois Department of State Police officers to monitor
22construction or maintenance zones.
23    (f-5) Each county shall create a Transportation Safety
24Highway Hire-back Fund. The county shall use the moneys in its
25Transportation Safety Highway Hire-back Fund to hire off-duty
26county police officers to monitor construction or maintenance

 

 

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1zones in that county on highways other than interstate
2highways. The county, in its discretion, may also use a
3portion of the moneys in its Transportation Safety Highway
4Hire-back Fund to purchase equipment for county law
5enforcement and fund the production of materials to educate
6drivers on construction zone safe driving habits.
7    (g) For a second or subsequent violation of this Section
8within 2 years of the date of the previous violation, the
9Secretary of State shall suspend the driver's license of the
10violator for a period of 90 days. This suspension shall only be
11imposed if the current violation of this Section and at least
12one prior violation of this Section occurred during a period
13when workers were present in the construction or maintenance
14zone.
15(Source: P.A. 99-212, eff. 1-1-16; 99-280, eff. 1-1-16;
1699-642, eff. 7-28-16; 100-987, eff. 7-1-19.)
 
17    (625 ILCS 5/11-907.1)
18    (Section scheduled to be repealed on January 1, 2022)
19    Sec. 11-907.1. Move Over Task Force.
20    (a) The Move Over Task Force is created to study the issue
21of violations of Sections 11-907, 11-907.5, and 11-908 with
22particular attention to the causes of violations and ways to
23protect law enforcement and emergency responders.
24    (b) The membership of the Task Force shall consist of the
25following members:

 

 

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1        (1) the Director of the Illinois State Police or his
2    or her designee, who shall serve as chair;
3        (2) the Governor or his or her designee;
4        (3) the Secretary of State or his or her designee;
5        (4) the Secretary of Transportation or his or her
6    designee;
7        (5) the Director of the Illinois Toll Highway
8    Authority or his or her designee;
9        (6) the President of the Illinois State's Attorneys
10    Association or his or her designee;
11        (7) the President of the Illinois Association of
12    Chiefs of Police or his or her designee;
13        (8) the President of the Illinois Sheriffs'
14    Association or his or her designee;
15        (9) the President of the Illinois Fraternal Order of
16    Police or his or her designee;
17        (10) the President of the Associated Fire Fighters of
18    Illinois or his or her designee;
19        (11) one member appointed by the Speaker of the House
20    of Representatives;
21        (12) one member appointed by the Minority Leader of
22    the House of Representatives;
23        (13) one member appointed by the President of the
24    Senate;
25        (14) one member appointed by the Minority Leader of
26    the Senate; and

 

 

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1        (15) the following persons appointed by the Governor:
2            (A) 2 representatives of different statewide
3        trucking associations;
4            (B) one representative of a Chicago area motor
5        club;
6            (C) one representative of a Chicago area transit
7        safety alliance;
8            (D) one representative of a statewide press
9        association;
10            (E) one representative of a statewide broadcast
11        association;
12            (F) one representative of a statewide towing
13        organization;
14            (G) the chief of police of a municipality with a
15        population under 25,000;
16            (H) one representative of a statewide organization
17        representing chiefs of police; and
18            (I) one representative of the solid waste
19        management industry; and
20            (J) one representative from a bona fide labor
21        organization representing certified road flaggers and
22        other road construction workers.
23    (c) The members of the Task Force shall serve without
24compensation.
25    (d) The Task Force shall meet no fewer than 3 times and
26shall present its report and recommendations, including

 

 

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1legislative recommendations, if any, on how to better enforce
2Scott's Law and prevent fatalities on Illinois roadways to the
3General Assembly no later than January 1, 2021.
4    (e) The Illinois Department of State Police shall provide
5administrative support to the Task Force as needed.
6    (f) This Section is repealed on January 1, 2022.
7(Source: P.A. 101-174, eff. 1-1-20; 101-606, eff. 12-13-19.)
 
8    (625 ILCS 5/12-612)
9    Sec. 12-612. False or secret compartment in a vehicle.
10    (a) Offenses. It is unlawful for any person:
11        (1) to own or operate with criminal intent any vehicle
12    he or she knows to contain a false or secret compartment
13    that is used or has been used to conceal a firearm as
14    prohibited by paragraph (a)(4) of Section 24-1 or
15    paragraph (a)(1) of Section 24-1.6 of the Criminal Code of
16    2012, or controlled substance as prohibited by the
17    Illinois Controlled Substances Act or the Methamphetamine
18    Control and Community Protection Act; or
19        (2) to install, create, build, or fabricate in any
20    vehicle a false or secret compartment knowing that another
21    person intends to use the compartment to conceal a firearm
22    as prohibited by paragraph (a)(4) of Section 24-1 of the
23    Criminal Code of 2012, or controlled substance as
24    prohibited by the Illinois Controlled Substances Act or
25    the Methamphetamine Control and Community Protection Act.

 

 

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1    (b) Definitions. For purposes of this Section:
2        (1) "False or secret compartment" means an enclosure
3    integrated into a vehicle that is a modification of the
4    vehicle as built by the original manufacturer.
5        (2) "Vehicle" means any of the following vehicles
6    without regard to whether the vehicles are private or
7    commercial, including, but not limited to, cars, trucks,
8    buses, aircraft, and watercraft.
9    (c) Forfeiture. Any vehicle containing a false or secret
10compartment used in violation of this Section, as well as any
11items within that compartment, shall be subject to seizure by
12the Illinois Department of State Police or by any municipal or
13other local law enforcement agency within whose jurisdiction
14that property is found as provided in Sections 36-1 and 36-2 of
15the Criminal Code of 2012 (720 ILCS 5/36-1 and 5/36-2). The
16removal of the false or secret compartment from the vehicle,
17or the promise to do so, shall not be the basis for a defense
18to forfeiture of the motor vehicle under Section 36-2 of the
19Criminal Code of 2012 and shall not be the basis for the court
20to release the vehicle to the owner.
21    (d) Sentence. A violation of this Section is a Class 4
22felony. The sentence imposed for violation of this Section
23shall be served consecutively to any other sentence imposed in
24connection with the firearm, controlled substance, or other
25contraband concealed in the false or secret compartment.
26    (e) For purposes of this Section, a new owner is not

 

 

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1responsible for any conduct that occurred or knowledge of
2conduct that occurred prior to transfer of title.
3(Source: P.A. 96-202, eff. 1-1-10; 97-1150, eff. 1-25-13.)
 
4    (625 ILCS 5/13-109.1)
5    Sec. 13-109.1. Annual emission inspection tests;
6standards; penalties; funds.
7    (a) For each diesel powered vehicle that (i) is registered
8for a gross weight of more than 16,000 pounds, (ii) is
9registered within an affected area, and (iii) is a 2 year or
10older model year, an annual emission inspection test shall be
11conducted at an official testing station certified by the
12Illinois Department of Transportation to perform diesel
13emission inspections pursuant to the standards set forth in
14subsection (b) of this Section. This annual emission
15inspection test may be conducted in conjunction with a
16semi-annual safety test.
17    (a-5) (Blank).
18    (b) Diesel emission inspections conducted under this
19Chapter 13 shall be conducted in accordance with the Society
20of Automotive Engineers Recommended Practice J1667
21"Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel
22Powered Vehicles" and the cutpoint standards set forth in the
23United States Environmental Protection Agency guidance
24document "Guidance to States on Smoke Opacity Cutpoints to be
25used with the SAE J1667 In-Use Smoke Test Procedure". Those

 

 

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1procedures and standards, as now in effect, are made a part of
2this Code, in the same manner as though they were set out in
3full in this Code.
4    Notwithstanding the above cutpoint standards, for motor
5vehicles that are model years 1973 and older, until December
631, 2002, the level of peak smoke opacity shall not exceed 70
7percent. Beginning January 1, 2003, for motor vehicles that
8are model years 1973 and older, the level of peak smoke opacity
9shall not exceed 55 percent.
10    (c) If the annual emission inspection under subsection (a)
11reveals that the vehicle is not in compliance with the diesel
12emission standards set forth in subsection (b) of this
13Section, the operator of the official testing station shall
14issue a warning notice requiring correction of the violation.
15The correction shall be made and the vehicle submitted to an
16emissions retest at an official testing station certified by
17the Department to perform diesel emission inspections within
1830 days from the issuance of the warning notice requiring
19correction of the violation.
20    If, within 30 days from the issuance of the warning
21notice, the vehicle is not in compliance with the diesel
22emission standards set forth in subsection (b) as determined
23by an emissions retest at an official testing station, the
24operator of the official testing station or the Department
25shall place the vehicle out-of-service in accordance with the
26rules promulgated by the Department. Operating a vehicle that

 

 

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1has been placed out-of-service under this subsection (c) is a
2petty offense punishable by a $1,000 fine. The vehicle must
3pass a diesel emission inspection at an official testing
4station before it is again placed in service. The Secretary of
5State, Illinois Department of State Police, and other law
6enforcement officers shall enforce this Section. No emergency
7vehicle, as defined in Section 1-105, may be placed
8out-of-service pursuant to this Section.
9    The Department or an official testing station may issue a
10certificate of waiver subsequent to a reinspection of a
11vehicle that failed the emissions inspection. Certificate of
12waiver shall be issued upon determination that documented
13proof demonstrates that emissions repair costs for the
14noncompliant vehicle of at least $3,000 have been spent in an
15effort to achieve compliance with the emission standards set
16forth in subsection (b). The Department of Transportation
17shall adopt rules for the implementation of this subsection
18including standards of documented proof as well as the
19criteria by which a waiver shall be granted.
20    (c-5) (Blank).
21    (d) (Blank).
22(Source: P.A. 100-700, eff. 8-3-18.)
 
23    (625 ILCS 5/15-102)  (from Ch. 95 1/2, par. 15-102)
24    Sec. 15-102. Width of vehicles.
25    (a) On Class III and non-designated State and local

 

 

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1highways, the total outside width of any vehicle or load
2thereon shall not exceed 8 feet 6 inches.
3    (b) Except during those times when, due to insufficient
4light or unfavorable atmospheric conditions, persons and
5vehicles on the highway are not clearly discernible at a
6distance of 1000 feet, the following vehicles may exceed the 8
7feet 6 inch limitation during the period from a half hour
8before sunrise to a half hour after sunset:
9        (1) Loads of hay, straw or other similar farm products
10    provided that the load is not more than 12 feet wide.
11        (2) Implements of husbandry being transported on
12    another vehicle and the transporting vehicle while loaded.
13        The following requirements apply to the transportation
14    on another vehicle of an implement of husbandry wider than
15    8 feet 6 inches on the National System of Interstate and
16    Defense Highways or other highways in the system of State
17    highways:
18            (A) The driver of a vehicle transporting an
19        implement of husbandry that exceeds 8 feet 6 inches in
20        width shall obey all traffic laws and shall check the
21        roadways prior to making a movement in order to ensure
22        that adequate clearance is available for the movement.
23        It is prima facie evidence that the driver of a vehicle
24        transporting an implement of husbandry has failed to
25        check the roadway prior to making a movement if the
26        vehicle is involved in a collision with a bridge,

 

 

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1        overpass, fixed structure, or properly placed traffic
2        control device or if the vehicle blocks traffic due to
3        its inability to proceed because of a bridge,
4        overpass, fixed structure, or properly placed traffic
5        control device.
6            (B) Flags shall be displayed so as to wave freely
7        at the extremities of overwidth objects and at the
8        extreme ends of all protrusions, projections, and
9        overhangs. All flags shall be clean, bright red flags
10        with no advertising, wording, emblem, or insignia
11        inscribed upon them and at least 18 inches square.
12            (C) "OVERSIZE LOAD" signs are mandatory on the
13        front and rear of all vehicles with loads over 10 feet
14        wide. These signs must have 12-inch high black letters
15        with a 2-inch stroke on a yellow sign that is 7 feet
16        wide by 18 inches high.
17            (D) One civilian escort vehicle is required for a
18        load that exceeds 14 feet 6 inches in width and 2
19        civilian escort vehicles are required for a load that
20        exceeds 16 feet in width on the National System of
21        Interstate and Defense Highways or other highways in
22        the system of State highways.
23            (E) The requirements for a civilian escort vehicle
24        and driver are as follows:
25                (1) The civilian escort vehicle shall be a
26            vehicle not exceeding a gross vehicle weight

 

 

HB3655- 1654 -LRB102 16922 WGH 22334 b

1            rating of 26,000 pounds that is designed to afford
2            clear and unobstructed vision to both front and
3            rear.
4                (2) The escort vehicle driver must be properly
5            licensed to operate the vehicle.
6                (3) While in use, the escort vehicle must be
7            equipped with illuminated rotating, oscillating,
8            or flashing amber lights or flashing amber strobe
9            lights mounted on top that are of sufficient
10            intensity to be visible at 500 feet in normal
11            sunlight.
12                (4) "OVERSIZE LOAD" signs are mandatory on all
13            escort vehicles. The sign on an escort vehicle
14            shall have 8-inch high black letters on a yellow
15            sign that is 5 feet wide by 12 inches high.
16                (5) When only one escort vehicle is required
17            and it is operating on a two-lane highway, the
18            escort vehicle shall travel approximately 300 feet
19            ahead of the load. The rotating, oscillating, or
20            flashing lights or flashing amber strobe lights
21            and an "OVERSIZE LOAD" sign shall be displayed on
22            the escort vehicle and shall be visible from the
23            front. When only one escort vehicle is required
24            and it is operating on a multilane divided
25            highway, the escort vehicle shall travel
26            approximately 300 feet behind the load and the

 

 

HB3655- 1655 -LRB102 16922 WGH 22334 b

1            sign and lights shall be visible from the rear.
2                (6) When 2 escort vehicles are required, one
3            escort shall travel approximately 300 feet ahead
4            of the load and the second escort shall travel
5            approximately 300 feet behind the load. The
6            rotating, oscillating, or flashing lights or
7            flashing amber strobe lights and an "OVERSIZE
8            LOAD" sign shall be displayed on the escort
9            vehicles and shall be visible from the front on
10            the lead escort and from the rear on the trailing
11            escort.
12                (7) When traveling within the corporate limits
13            of a municipality, the escort vehicle shall
14            maintain a reasonable and proper distance from the
15            oversize load, consistent with existing traffic
16            conditions.
17                (8) A separate escort shall be provided for
18            each load hauled.
19                (9) The driver of an escort vehicle shall obey
20            all traffic laws.
21                (10) The escort vehicle must be in safe
22            operational condition.
23                (11) The driver of the escort vehicle must be
24            in radio contact with the driver of the vehicle
25            carrying the oversize load.
26            (F) A transport vehicle while under load of more

 

 

HB3655- 1656 -LRB102 16922 WGH 22334 b

1        than 8 feet 6 inches in width must be equipped with an
2        illuminated rotating, oscillating, or flashing amber
3        light or lights or a flashing amber strobe light or
4        lights mounted on the top of the cab that are of
5        sufficient intensity to be visible at 500 feet in
6        normal sunlight. If the load on the transport vehicle
7        blocks the visibility of the amber lighting from the
8        rear of the vehicle, the vehicle must also be equipped
9        with an illuminated rotating, oscillating, or flashing
10        amber light or lights or a flashing amber strobe light
11        or lights mounted on the rear of the load that are of
12        sufficient intensity to be visible at 500 feet in
13        normal sunlight.
14            (G) When a flashing amber light is required on the
15        transport vehicle under load and it is operating on a
16        two-lane highway, the transport vehicle shall display
17        to the rear at least one rotating, oscillating, or
18        flashing light or a flashing amber strobe light and an
19        "OVERSIZE LOAD" sign. When a flashing amber light is
20        required on the transport vehicle under load and it is
21        operating on a multilane divided highway, the sign and
22        light shall be visible from the rear.
23            (H) Maximum speed shall be 45 miles per hour on all
24        such moves or 5 miles per hour above the posted minimum
25        speed limit, whichever is greater, but the vehicle
26        shall not at any time exceed the posted maximum speed

 

 

HB3655- 1657 -LRB102 16922 WGH 22334 b

1        limit.
2        (3) Portable buildings designed and used for
3    agricultural and livestock raising operations that are not
4    more than 14 feet wide and with not more than a 1 foot
5    overhang along the left side of the hauling vehicle.
6    However, the buildings shall not be transported more than
7    10 miles and not on any route that is part of the National
8    System of Interstate and Defense Highways.
9    All buildings when being transported shall display at
10least 2 red cloth flags, not less than 12 inches square,
11mounted as high as practicable on the left and right side of
12the building.
13    An Illinois A State Police escort shall be required if it
14is necessary for this load to use part of the left lane when
15crossing any 2 laned State highway bridge.
16    (c) Vehicles propelled by electric power obtained from
17overhead trolley wires operated wholly within the corporate
18limits of a municipality are also exempt from the width
19limitation.
20    (d) (Blank).
21    (d-1) A recreational vehicle, as defined in Section 1-169,
22may exceed 8 feet 6 inches in width if:
23        (1) the excess width is attributable to appurtenances
24    that extend 6 inches or less beyond either side of the body
25    of the vehicle; and
26        (2) the roadway on which the vehicle is traveling has

 

 

HB3655- 1658 -LRB102 16922 WGH 22334 b

1    marked lanes for vehicular traffic that are at least 11
2    feet in width.
3    As used in this subsection (d-1) and in subsection (d-2),
4the term appurtenance includes (i) a retracted awning and its
5support hardware and (ii) any appendage that is intended to be
6an integral part of a recreational recreation vehicle.
7    (d-2) A recreational vehicle that exceeds 8 feet 6 inches
8in width as provided in subsection (d-1) may travel any
9roadway of the State if the vehicle is being operated between a
10roadway permitted under subsection (d-1) and:
11        (1) the location where the recreational recreation
12    vehicle is garaged;
13        (2) the destination of the recreational recreation
14    vehicle; or
15        (3) a facility for food, fuel, repair, services, or
16    rest.
17    (e) A vehicle and load traveling upon the National System
18of Interstate and Defense Highways or any other highway in the
19system of State highways that has been designated as a Class I
20or Class II highway by the Department, or any street or highway
21designated by local authorities, may have a total outside
22width of 8 feet 6 inches, provided that certain safety devices
23that the Department determines as necessary for the safe and
24efficient operation of motor vehicles shall not be included in
25the calculation of width.
26    Section 5-35 of the Illinois Administrative Procedure Act

 

 

HB3655- 1659 -LRB102 16922 WGH 22334 b

1relating to procedures for rulemaking shall not apply to the
2designation of highways under this paragraph (e).
3    (f) Mirrors required by Section 12-502 of this Code and
4other safety devices identified by the Department may project
5up to 14 inches beyond each side of a bus and up to 6 inches
6beyond each side of any other vehicle, and that projection
7shall not be deemed a violation of the width restrictions of
8this Section.
9    (g) Any person who is convicted of violating this Section
10is subject to the penalty as provided in paragraph (b) of
11Section 15-113.
12(Source: P.A. 100-830, eff. 1-1-19.)
 
13    (625 ILCS 5/15-112)  (from Ch. 95 1/2, par. 15-112)
14    Sec. 15-112. Officers to weigh vehicles and require
15removal of excess loads.
16    (a) Any police officer having reason to believe that the
17weight of a vehicle and load is unlawful shall require the
18driver to stop and submit to a weighing of the same either by
19means of a portable or stationary scales that have been tested
20and approved at a frequency prescribed by the Illinois
21Department of Agriculture, or for those scales operated by the
22State, when such tests are requested by the Illinois
23Department of State Police, whichever is more frequent. If
24such scales are not available at the place where such vehicle
25is stopped, the police officer shall require that such vehicle

 

 

HB3655- 1660 -LRB102 16922 WGH 22334 b

1be driven to the nearest available scale that has been tested
2and approved pursuant to this Section by the Illinois
3Department of Agriculture. Notwithstanding any provisions of
4the Weights and Measures Act or the United States Department
5of Commerce NIST handbook 44, multi or single draft weighing
6is an acceptable method of weighing by law enforcement for
7determining a violation of Chapter 3 or 15 of this Code. Law
8enforcement is exempt from the requirements of commercial
9weighing established in NIST handbook 44.
10    Within 18 months after the effective date of this
11amendatory Act of the 91st General Assembly, all municipal and
12county officers, technicians, and employees who set up and
13operate portable scales for wheel load or axle load or both and
14issue citations based on the use of portable scales for wheel
15load or axle load or both and who have not successfully
16completed initial classroom and field training regarding the
17set up and operation of portable scales, shall attend and
18successfully complete initial classroom and field training
19administered by the Illinois Law Enforcement Training
20Standards Board.
21    (b) Whenever an officer, upon weighing a vehicle and the
22load, determines that the weight is unlawful, such officer
23shall require the driver to stop the vehicle in a suitable
24place and remain standing until such portion of the load is
25removed as may be necessary to reduce the weight of the vehicle
26to the limit permitted under this Chapter, or to the limit

 

 

HB3655- 1661 -LRB102 16922 WGH 22334 b

1permitted under the terms of a permit issued pursuant to
2Sections 15-301 through 15-318 and shall forthwith arrest the
3driver or owner. All material so unloaded shall be cared for by
4the owner or operator of the vehicle at the risk of such owner
5or operator; however, whenever a 3 or 4 axle vehicle with a
6tandem axle dimension greater than 72 inches, but less than 96
7inches and registered as a Special Hauling Vehicle is
8transporting asphalt or concrete in the plastic state that
9exceeds axle weight or gross weight limits by less than 4,000
10pounds, the owner or operator of the vehicle shall accept the
11arrest ticket or tickets for the alleged violations under this
12Section and proceed without shifting or reducing the load
13being transported or may shift or reduce the load under the
14provisions of subsection (d) or (e) of this Section, when
15applicable. Any fine imposed following an overweight violation
16by a vehicle registered as a Special Hauling Vehicle
17transporting asphalt or concrete in the plastic state shall be
18paid as provided in subsection 4 of paragraph (a) of Section
1916-105 of this Code.
20    (c) The Department of Transportation may, at the request
21of the Illinois Department of State Police, erect appropriate
22regulatory signs on any State highway directing second
23division vehicles to a scale. The Department of Transportation
24may also, at the direction of any State Police officer, erect
25portable regulating signs on any highway directing second
26division vehicles to a portable scale. Every such vehicle,

 

 

HB3655- 1662 -LRB102 16922 WGH 22334 b

1pursuant to such sign, shall stop and be weighed.
2    (d) Whenever any axle load of a vehicle exceeds the axle or
3tandem axle weight limits permitted by paragraph (a) of
4Section 15-111 by 2000 pounds or less, the owner or operator of
5the vehicle must shift or remove the excess so as to comply
6with paragraph (a) of Section 15-111. No overweight arrest
7ticket shall be issued to the owner or operator of the vehicle
8by any officer if the excess weight is shifted or removed as
9required by this paragraph.
10    (e) Whenever the gross weight of a vehicle with a
11registered gross weight of 77,000 pounds or less exceeds the
12weight limits of paragraph (a) of Section 15-111 of this
13Chapter by 2000 pounds or less, the owner or operator of the
14vehicle must remove the excess. Whenever the gross weight of a
15vehicle with a registered gross weight over 77,000 pounds or
16more exceeds the weight limits of paragraph (a) of Section
1715-111 by 1,000 pounds or less or 2,000 pounds or less if
18weighed on wheel load weighers, the owner or operator of the
19vehicle must remove the excess. In either case no arrest
20ticket for any overweight violation of this Code shall be
21issued to the owner or operator of the vehicle by any officer
22if the excess weight is removed as required by this paragraph.
23A person who has been granted a special permit under Section
2415-301 of this Code shall not be granted a tolerance on wheel
25load weighers.
26    (e-5) Auxiliary power or idle reduction unit (APU) weight.

 

 

HB3655- 1663 -LRB102 16922 WGH 22334 b

1        (1) A vehicle with a fully functional APU shall be
2    allowed an additional 550 pounds or the certified unit
3    weight, whichever is less. The additional pounds may be
4    allowed in gross, axles, or bridge formula weight limits
5    above the legal weight limits except when overweight on an
6    axle or axles of the towed unit or units in combination.
7    This tolerance shall be given in addition to the limits in
8    subsection (d) of this Section.
9        (2) An operator of a vehicle equipped with an APU
10    shall carry written certification showing the weight of
11    the APU, which shall be displayed upon the request of any
12    law enforcement officer.
13        (3) The operator may be required to demonstrate or
14    certify that the APU is fully functional at all times.
15        (4) This allowance may not be granted above the weight
16    limits specified on any loads permitted under Section
17    15-301 of this Code.
18    (f) Whenever an axle load of a vehicle exceeds axle weight
19limits allowed by the provisions of a permit an arrest ticket
20shall be issued, but the owner or operator of the vehicle may
21shift the load so as to comply with the provisions of the
22permit. Where such shifting of a load to comply with the permit
23is accomplished, the owner or operator of the vehicle may then
24proceed.
25    (g) Any driver of a vehicle who refuses to stop and submit
26his vehicle and load to weighing after being directed to do so

 

 

HB3655- 1664 -LRB102 16922 WGH 22334 b

1by an officer or removes or causes the removal of the load or
2part of it prior to weighing is guilty of a business offense
3and shall be fined not less than $500 nor more than $2,000.
4(Source: P.A. 99-717, eff. 8-5-16.)
 
5    (625 ILCS 5/15-201)  (from Ch. 95 1/2, par. 15-201)
6    Sec. 15-201. Vehicles exceeding prescribed weight limits -
7Preventing use of highway by. The Illinois Department of State
8Police is directed to institute and maintain a program
9designed to prevent the use of public highways by vehicles
10which exceed the maximum weights allowed by Section 15-111 of
11this Act or which exceeds the maximum weights allowed as
12evidenced by the license plates attached to such vehicle and
13which license is required by this Act.
14(Source: P.A. 84-25.)
 
15    (625 ILCS 5/15-202)  (from Ch. 95 1/2, par. 15-202)
16    Sec. 15-202. Enforcement.
17    Such program shall make provision for an intensive
18campaign by the Illinois State Police to apprehend any
19violators of the acts above mentioned, and at all times to
20maintain a vigilant watch for possible violators of such acts.
21(Source: P.A. 77-506.)
 
22    (625 ILCS 5/15-203)  (from Ch. 95 1/2, par. 15-203)
23    Sec. 15-203. Records of violations. The Illinois

 

 

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1Department of State Police shall maintain records of the
2number of violators of such acts apprehended and the number of
3convictions obtained. A resume of such records shall be
4included in the Department's annual report to the Governor;
5and the Department shall also present such resume to each
6regular session of the General Assembly.
7    The requirement for reporting to the General Assembly
8shall be satisfied by filing copies of the report as required
9by Section 3.1 of the General Assembly Organization Act, and
10filing such additional copies with the State Government Report
11Distribution Center for the General Assembly as is required
12under paragraph (t) of Section 7 of the State Library Act.
13(Source: P.A. 100-1148, eff. 12-10-18.)
 
14    (625 ILCS 5/15-305)  (from Ch. 95 1/2, par. 15-305)
15    Sec. 15-305. Fees for legal weight but overdimension
16vehicles, combinations, and ;oads, other than house trailer
17combinations. Fees for special permits to move overdimension
18vehicles, combinations, and loads, other than house trailer
19combinations, shall be paid by the applicant to the Department
20at the following rates:
2190 DayAnnual
22LimitedLimited
23SingleContinuousContinuous
24TripOperationOperation

 

 

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1(a) Overall width of 10 feet
2or less, overall height of 14
3feet 6 inches or less, and
4overall length of 70
5feet or less$100.00$400.00
6For the first 90 miles$12.00
7From 90 miles to 180 miles15.00
8From 180 miles to 270 miles18.00
9For more than 270 miles$21.00
10(b) Overall width of 12 feet
11or less, overall height of 14
12feet 6 inches or less, and
13overall length
14of 85 feet or less$150.00$600.00
15For the first 90 miles$15.00
16From 90 miles to 180 miles$20.00
17From 180 miles to 270 miles$25.00
18For more than 270 miles$30.00
19(c) Overall width of 14 feet
20or less, overall height of 15
21feet or less, and overall
22length of 100 feet or less
23
24Single Trip
25Only
26For the first 90 miles$25.00

 

 

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1From 90 miles to 180 miles$30.00
2From 180 miles to 270 miles$35.00
3For more than 270 miles$40.00
4(d) Overall width of 18 feet
5or less (authorized only
6under special conditions and
7for limited distances),
8overall height of 16 feet or
9less, and overall length of
10120 feet or less
11
12Single Trip
13Only
14For the first 90 miles$30.00
15From 90 miles to 180 miles$40.00
16From 180 miles to 270 miles$50.00
17For more than 270 miles$60.00
18(e) Overall width of more
19than 18 feet (authorized only
20under special conditions and
21for limited distances),
22overall height more than 16
23feet, and overall length more
24than 120 feet
25
26Single Trip

 

 

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1Only
2For the first 90 miles$50.00
3From 90 miles to 180 miles$75.00
4From 180 miles to 270 miles$100.00
5For more than 270 miles$125.00
6    Permits issued under this Section shall be for a vehicle,
7or vehicle combination and load not exceeding legal weights;
8and, in the case of the limited continuous operation, shall be
9for the same vehicle, vehicle combination or like load.
10    Escort requirements shall be as prescribed in the
11Department's rules and regulations. Fees for the Illinois
12State Police vehicle escort, when required, shall be in
13addition to the permit fees.
14(Source: P.A. 89-219, eff. 1-1-96.)
 
15    (625 ILCS 5/16-102)  (from Ch. 95 1/2, par. 16-102)
16    Sec. 16-102. Arrests - Investigations - Prosecutions.
17    (a) The Illinois State Police shall patrol the public
18highways and make arrests for violation of the provisions of
19this Act.
20    (b) The Secretary of State, through the investigators
21provided for in this Act shall investigate and report
22violations of the provisions of this Act in relation to the
23equipment and operation of vehicles as provided for in Section
242-115 and for such purposes these investigators have and may
25exercise throughout the State all of the powers of police

 

 

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1officers.
2    (c) The State's Attorney of the county in which the
3violation occurs shall prosecute all violations except when
4the violation occurs within the corporate limits of a
5municipality, the municipal attorney may prosecute if written
6permission to do so is obtained from the State's Attorney.
7    (d) The State's Attorney of the county in which the
8violation occurs may not grant to the municipal attorney
9permission to prosecute if the offense charged is a felony
10under Section 11-501 of this Code. The municipality may,
11however, charge an offender with a municipal misdemeanor
12offense if the State's Attorney rejects or denies felony
13charges for the conduct that comprises the charge.
14(Source: P.A. 94-111, eff. 1-1-06; 94-740, eff. 5-8-06.)
 
15    (625 ILCS 5/16-105)  (from Ch. 95 1/2, par. 16-105)
16    Sec. 16-105. Disposition of fines and forfeitures.
17    (a) Except as provided in Section 15-113 of this Act and
18except those amounts subject to disbursement by the circuit
19clerk under the Criminal and Traffic Assessment Act, fines and
20penalties recovered under the provisions of Chapters 3 through
2117 and 18b inclusive of this Code shall be paid and used as
22follows:
23        1. For offenses committed upon a highway within the
24    limits of a city, village, or incorporated town or under
25    the jurisdiction of any park district, to the treasurer of

 

 

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1    the particular city, village, incorporated town or park
2    district, if the violator was arrested by the authorities
3    of the city, village, incorporated town or park district,
4    provided the police officers and officials of cities,
5    villages, incorporated towns and park districts shall
6    seasonably prosecute for all fines and penalties under
7    this Code. If the violation is prosecuted by the
8    authorities of the county, any fines or penalties
9    recovered shall be paid to the county treasurer, except
10    that fines and penalties recovered from violations
11    arrested by the Illinois State Police shall be remitted to
12    the State Police Law Enforcement Administration Fund.
13    Provided further that if the violator was arrested by the
14    Illinois State Police, fines and penalties recovered under
15    the provisions of paragraph (a) of Section 15-113 of this
16    Code or paragraph (e) of Section 15-316 of this Code shall
17    be paid over to the Illinois Department of State Police
18    which shall thereupon remit the amount of the fines and
19    penalties so received to the State Treasurer who shall
20    deposit the amount so remitted in the special fund in the
21    State treasury known as the Road Fund except that if the
22    violation is prosecuted by the State's Attorney, 10% of
23    the fine or penalty recovered shall be paid to the State's
24    Attorney as a fee of his office and the balance shall be
25    paid over to the Illinois Department of State Police for
26    remittance to and deposit by the State Treasurer as

 

 

HB3655- 1671 -LRB102 16922 WGH 22334 b

1    hereinabove provided.
2        2. Except as provided in paragraph 4, for offenses
3    committed upon any highway outside the limits of a city,
4    village, incorporated town or park district, to the county
5    treasurer of the county where the offense was committed
6    except if such offense was committed on a highway
7    maintained by or under the supervision of a township,
8    township district, or a road district to the Treasurer
9    thereof for deposit in the road and bridge fund of such
10    township or other district, except that fines and
11    penalties recovered from violations arrested by the
12    Illinois State Police shall be remitted to the State
13    Police Law Enforcement Administration Fund; provided, that
14    fines and penalties recovered under the provisions of
15    paragraph (a) of Section 15-113, paragraph (d) of Section
16    3-401, or paragraph (e) of Section 15-316 of this Code
17    shall be paid over to the Illinois Department of State
18    Police which shall thereupon remit the amount of the fines
19    and penalties so received to the State Treasurer who shall
20    deposit the amount so remitted in the special fund in the
21    State treasury known as the Road Fund except that if the
22    violation is prosecuted by the State's Attorney, 10% of
23    the fine or penalty recovered shall be paid to the State's
24    Attorney as a fee of his office and the balance shall be
25    paid over to the Illinois Department of State Police for
26    remittance to and deposit by the State Treasurer as

 

 

HB3655- 1672 -LRB102 16922 WGH 22334 b

1    hereinabove provided.
2        3. Notwithstanding subsections 1 and 2 of this
3    paragraph, for violations of overweight and overload
4    limits found in Sections 15-101 through 15-203 of this
5    Code, which are committed upon the highways belonging to
6    the Illinois State Toll Highway Authority, fines and
7    penalties shall be paid over to the Illinois State Toll
8    Highway Authority for deposit with the State Treasurer
9    into that special fund known as the Illinois State Toll
10    Highway Authority Fund, except that if the violation is
11    prosecuted by the State's Attorney, 10% of the fine or
12    penalty recovered shall be paid to the State's Attorney as
13    a fee of his office and the balance shall be paid over to
14    the Illinois State Toll Highway Authority for remittance
15    to and deposit by the State Treasurer as hereinabove
16    provided.
17        4. With regard to violations of overweight and
18    overload limits found in Sections 15-101 through 15-203 of
19    this Code committed by operators of vehicles registered as
20    Special Hauling Vehicles, for offenses committed upon a
21    highway within the limits of a city, village, or
22    incorporated town or under the jurisdiction of any park
23    district, all fines and penalties shall be paid over or
24    retained as required in paragraph 1. However, with regard
25    to the above offenses committed by operators of vehicles
26    registered as Special Hauling Vehicles upon any highway

 

 

HB3655- 1673 -LRB102 16922 WGH 22334 b

1    outside the limits of a city, village, incorporated town
2    or park district, fines and penalties shall be paid over
3    or retained by the entity having jurisdiction over the
4    road or highway upon which the offense occurred, except
5    that if the violation is prosecuted by the State's
6    Attorney, 10% of the fine or penalty recovered shall be
7    paid to the State's Attorney as a fee of his office.
8    (b) Failure, refusal or neglect on the part of any
9judicial or other officer or employee receiving or having
10custody of any such fine or forfeiture either before or after a
11deposit with the proper official as defined in paragraph (a)
12of this Section, shall constitute misconduct in office and
13shall be grounds for removal therefrom.
14(Source: P.A. 100-987, eff. 7-1-19.)
 
15    (625 ILCS 5/18a-200)  (from Ch. 95 1/2, par. 18a-200)
16    Sec. 18a-200. General powers and duties of Commission. The
17Commission shall:
18    (1) Regulate commercial vehicle relocators and their
19employees or agents in accordance with this Chapter and to
20that end may establish reasonable requirements with respect to
21proper service and practices relating thereto;
22    (2) Require the maintenance of uniform systems of
23accounts, records and the preservation thereof;
24    (3) Require that all drivers and other personnel used in
25relocation be employees of a licensed relocator;

 

 

HB3655- 1674 -LRB102 16922 WGH 22334 b

1    (4) Regulate equipment leasing to and by relocators;
2    (5) Adopt reasonable and proper rules covering the
3exercise of powers conferred upon it by this Chapter, and
4reasonable rules governing investigations, hearings and
5proceedings under this Chapter;
6    (6) Set reasonable rates for the commercial towing or
7removal of trespassing vehicles from private property. The
8rates shall not exceed the mean average of the 5 highest rates
9for police tows within the territory to which this Chapter
10applies that are performed under Sections 4-201 and 4-214 of
11this Code and that are of record at hearing; provided that the
12Commission shall not re-calculate the maximum specified herein
13if the order containing the previous calculation was entered
14within one calendar year of the date on which the new order is
15entered. Set reasonable rates for the storage, for periods in
16excess of 24 hours, of the vehicles in connection with the
17towing or removal; however, no relocator shall impose charges
18for storage for the first 24 hours after towing or removal. Set
19reasonable rates for other services provided by relocators,
20provided that the rates shall not be charged to the owner or
21operator of a relocated vehicle. Any fee charged by a
22relocator for the use of a credit card that is used to pay for
23any service rendered by the relocator shall be included in the
24total amount that shall not exceed the maximum reasonable rate
25established by the Commission. The Commission shall require a
26relocator to refund any amount charged in excess of the

 

 

HB3655- 1675 -LRB102 16922 WGH 22334 b

1reasonable rate established by the Commission, including any
2fee for the use of a credit card;
3    (7) Investigate and maintain current files of the criminal
4records, if any, of all relocators and their employees and of
5all applicants for relocator's license, operator's licenses
6and dispatcher's licenses. If the Commission determines that
7an applicant for a license issued under this Chapter will be
8subjected to a criminal history records check, the applicant
9shall submit his or her fingerprints to the Illinois
10Department of State Police in the form and manner prescribed
11by the Illinois Department of State Police. These fingerprints
12shall be checked against the Illinois Department of State
13Police and Federal Bureau of Investigation criminal history
14record information databases now and hereafter filed. The
15Illinois Department of State Police shall charge the applicant
16a fee for conducting the criminal history records check, which
17shall be deposited in the State Police Services Fund and shall
18not exceed the actual cost of the records check. The Illinois
19Department of State Police shall furnish pursuant to positive
20identification, records of conviction to the Commission;
21    (8) Issue relocator's licenses, dispatcher's employment
22permits, and operator's employment permits in accordance with
23Article IV of this Chapter;
24    (9) Establish fitness standards for applicants seeking
25relocator licensees and holders of relocator licenses;
26    (10) Upon verified complaint in writing by any person,

 

 

HB3655- 1676 -LRB102 16922 WGH 22334 b

1organization or body politic, or upon its own initiative may,
2investigate whether any commercial vehicle relocator,
3operator, dispatcher, or person otherwise required to comply
4with any provision of this Chapter or any rule promulgated
5hereunder, has failed to comply with any provision or rule;
6    (11) Whenever the Commission receives notice from the
7Secretary of State that any domestic or foreign corporation
8regulated under this Chapter has not paid a franchise tax,
9license fee or penalty required under the Business Corporation
10Act of 1983, institute proceedings for the revocation of the
11license or right to engage in any business required under this
12Chapter or the suspension thereof until such time as the
13delinquent franchise tax, license fee or penalty is paid.
14(Source: P.A. 93-418, eff. 1-1-04.)
 
15    (625 ILCS 5/18b-112)
16    Sec. 18b-112. Intermodal trailer, chassis, and safety.
17    (a) Definitions. For purposes of this Section:
18    "Department" means the Department of State Police.
19    "Equipment interchange agreement" means a written document
20executed by the intermodal equipment provider and operator at
21the time the equipment is interchanged by the provider to the
22operator.
23    "Equipment provider" is the owner of an intermodal
24trailer, chassis, or container. This includes any forwarding
25company, water carrier, steamship line, railroad, vehicle

 

 

HB3655- 1677 -LRB102 16922 WGH 22334 b

1equipment leasing company, and their subsidiary or affiliated
2companies owning the equipment.
3    "Federal motor carrier safety regulations" means
4regulations promulgated by the United States Department of
5Transportation governing the condition and maintenance of
6commercial motor vehicles contained in Title 49 of the United
7States Code of Federal Regulations on the day of enactment of
8this Act or as amended or revised by the United States
9Department of Transportation thereafter.
10    "Interchange" means the act of providing a vehicle to a
11motor carrier by an equipment provider for the purpose of
12transporting the vehicle for loading or unloading by another
13party or the repositioning of the vehicle for the benefit of
14the equipment provider. "Interchange" does not include the
15leasing of the vehicle by a motor carrier from an
16owner-operator pursuant to subpart B of Part 376 of Title 49 of
17the Code of Federal Regulations or the leasing of a vehicle to
18a motor carrier for use in the motor carrier's over-the-road
19freight hauling operations.
20    "Operator" means a motor carrier or driver of a commercial
21motor vehicle.
22    "Vehicle" means an intermodal trailer, chassis, or
23container.
24    (b) Responsibility of equipment provider. An equipment
25provider shall not interchange or offer for interchange a
26vehicle with an operator for use on a highway which vehicle is

 

 

HB3655- 1678 -LRB102 16922 WGH 22334 b

1in violation of the requirements contained in the federal
2motor carrier safety regulations. It is the responsibility of
3the equipment provider to inspect and, if a vehicle at the time
4of inspection does not comply with all federal motor carrier
5safety regulation requirements, perform the necessary repairs
6on, all vehicles prior to interchange or offering for
7interchange.
8    (c) Duty of inspection by the operator. Before
9interchanging a vehicle with an operator, an equipment
10provider must provide the operator the opportunity and
11facilities to perform a visual inspection of the equipment.
12The operator must determine if it complies with the provisions
13of the federal motor carrier safety regulation capable of
14being determined from an inspection. If the operator
15determines that the vehicle does not comply with the
16provisions of the federal motor carrier safety regulations,
17the equipment provider shall immediately perform the necessary
18repairs to the vehicle so that it complies with the federal
19motor carrier safety regulations or shall immediately provide
20the operator with another vehicle.
21    (d) Presumption of defect prior to interchange.
22        (1) If as a result of a roadside inspection by the
23    Illinois State Police Department, any of the defects
24    listed in paragraph (2) are discovered, a rebuttable
25    presumption existed at the time of the interchange. If a
26    summons or complaint is issued to the operator, the

 

 

HB3655- 1679 -LRB102 16922 WGH 22334 b

1    operator may seek relief pursuant to paragraph (3).
2        (2) A rebuttable presumption exists that the following
3    defects were present at the time of the interchange:
4            (A) There is a defect with the brake drum when:
5                (I) the drum cracks;
6                (II) the lining is loose or missing; or
7                (III) the lining is saturated with oil.
8            (B) There is a defect of inoperative brakes when:
9                (I) there is no movement of any components;
10                (II) there are missing, broken, or loose
11            components; or
12                (III) there are mismatched components.
13            (C) There is a defect with the air lines and tubing
14        when:
15                (I) there is a bulge and swelling;
16                (II) there is an audible air leak; or
17                (III) there are air lines broken, cracked, or
18            crimped.
19            (D) There is a defect with the reservoir tank when
20        there is any separation of original attachment points.
21            (E) There is a defect with the frames when:
22                (I) there is any cracked, loose, sagging, or
23            broken frame members which measure one and
24            one-half inch in web or one inch or longer in
25            bottom flange or any crack extending from web
26            radius into bottom flange; or

 

 

HB3655- 1680 -LRB102 16922 WGH 22334 b

1                (II) there is any condition which causes
2            moving parts to come in contact with the frame.
3            (F) There is an electrical defect when wires are
4        chaffed.
5            (G) There is a defect with the wheel assembly
6        when:
7                (I) there is low or no oil;
8                (II) there is oil leakage on brake components;
9                (III) there are lug nuts that are loose or
10            missing; or
11                (IV) the wheel bearings are not properly
12            maintained.
13            (H) There is a defect with the tires when:
14                (I) there is improper inflation;
15                (II) there is tire separation from the casing;
16            or
17                (III) there are exposed plys or belting
18            material.
19            (I) There is defect with rim cracks when:
20                (I) there is any circumferential crack, except
21            a manufactured crack; or
22                (II) there is a lock or side ring cracked,
23            bent, broken, sprung, improperly seated, or
24            mismatched.
25            (J) There is a defect with the suspension when:
26                (I) there are spring assembly leaves broken,

 

 

HB3655- 1681 -LRB102 16922 WGH 22334 b

1            missing, or separated; or
2                (II) there are spring hanger, u-bolts, or axle
3            positioning components cracked, broken loose, or
4            missing.
5            (K) There is a defect with the chassis locking
6        pins when there is any twist lock or fitting for
7        securement that is sprung, broken, or improperly
8        latched.
9        (3) If an operator receives a citation for a violation
10    due to a defect in any equipment specified in subsection
11    (d)(2), the equipment provider shall reimburse the
12    operator for any:
13            (A) fines and costs, including court costs and
14        reasonable attorneys fees, incurred as a result of the
15        citation; and
16            (B) costs incurred by the operator to repair the
17        defects specified in the citation, including any
18        towing costs incurred.
19        The equipment provider shall reimburse the operator
20    within 30 days of the final court action. If the equipment
21    provider fails to reimburse the operator within 30 days,
22    the operator has a civil cause of action against the
23    equipment provider.
24    (e) Fines and penalties. Any person violating the
25provisions of this Section shall be fined no less than $50 and
26no more than $500 for each violation.

 

 

HB3655- 1682 -LRB102 16922 WGH 22334 b

1    (f) Obligation of motor carrier. Nothing in this Section
2is intended to eliminate the responsibility and obligation of
3a motor carrier and operator to maintain and operate vehicles
4in accordance with the federal motor carrier safety
5regulations and applicable State and local laws and
6regulations.
7    (g) This Section shall not be applied, construed, or
8implemented in any manner inconsistent with, or in conflict
9with, any provision of the federal motor carrier safety
10regulations.
11(Source: P.A. 91-662, eff. 7-1-00.)
 
12    (625 ILCS 5/18c-1702)  (from Ch. 95 1/2, par. 18c-1702)
13    Sec. 18c-1702. Responsibility for Enforcement. It shall be
14the duty of the Commission and of the Illinois State Police and
15the Secretary of State to conduct investigations, make
16arrests, and take any other action necessary for the
17enforcement of this Chapter.
18(Source: P.A. 84-796.)
 
19    (625 ILCS 5/18c-4601)  (from Ch. 95 1/2, par. 18c-4601)
20    Sec. 18c-4601. Cab Card and Identifier to be Carried and
21Displayed in Each Vehicle.
22    (1) General Provisions.
23    (a) Carrying Requirement. Each motor vehicle used in
24for-hire transportation upon the public roads of this State

 

 

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1shall carry a current cab card together with an identifier
2issued by or under authority of the Commission. If the carrier
3is an intrastate motor carrier of property, the prescribed
4intrastate cab card and identifier shall be required; if the
5carrier is an interstate motor carrier of property, the
6prescribed interstate cab card and identifier shall be
7required.
8    (b) Execution and Presentation Requirement. Such cab card
9shall be properly executed by the carrier. The cab card, with
10an identifier affixed or printed thereon, shall be carried in
11the vehicle for which it was executed. The cab card and
12identifier shall be presented upon request to any authorized
13employee of the Commission or the Illinois State Police or
14Secretary of State.
15    (c) Deadlines for Execution, Carrying, and Presentation.
16Cab cards and identifiers shall be executed, carried, and
17presented no earlier than December 1 of the calendar year
18preceding the calendar year for which fees are owing, and no
19later than February 1 of the calendar year for which fees are
20owing, unless otherwise provided in Commission regulations and
21orders.
22    (2) Interstate Compensated Intercorporate Hauling and
23Single-Source Leasing. The provisions of subsection (1) of
24this Section apply to motor vehicles used in interstate
25compensated intercorporate hauling or which are leased, with
26drivers, to private carriers for use in interstate commerce,

 

 

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1as well as to other motor vehicles used in for-hire
2transportation upon the public roads of this State. However,
3the Commission may:
4    (a) Exempt such carriers from the requirements of this
5Article;
6    (b) Subject any exemption to such reasonable terms and
7conditions as the Commission deems necessary to effectuate the
8purposes of this Chapter; and
9    (c) Revoke any exemption granted hereunder if it deems
10revocation necessary to effectuate the purposes of this
11Chapter.
12(Source: P.A. 85-553.)
 
13    Section 940. The Automated Traffic Control Systems in
14Highway Construction or Maintenance Zones Act is amended by
15changing Sections 10 and 25 as follows:
 
16    (625 ILCS 7/10)
17    Sec. 10. Establishment of automated control systems. The
18Illinois Department of State Police may establish an automated
19traffic control system in any construction or maintenance zone
20established by the Department of Transportation or the
21Illinois State Toll Highway Authority. An automated traffic
22control system may operate only during those periods when
23workers are present in the construction or maintenance zone.
24In any prosecution based upon evidence obtained through an

 

 

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1automated traffic control system established under this Act,
2the State must prove that one or more workers were present in
3the construction or maintenance zone when the violation
4occurred.
5(Source: P.A. 93-947, eff. 8-19-04; 94-757, eff. 5-12-06;
694-814, eff. 1-1-07.)
 
7    (625 ILCS 7/25)
8    Sec. 25. Limitations on the use of automated traffic
9enforcement systems.
10    (a) The Illinois Department of State Police must conduct a
11public information campaign to inform drivers about the use of
12automated traffic control systems in highway construction or
13maintenance zones before establishing any of those systems.
14The Illinois Department of State Police shall adopt rules for
15implementing this subsection (a).
16    (b) Signs indicating that speeds are enforced by automated
17traffic control systems must be clearly posted in the areas
18where the systems are in use.
19    (c) Operation of automated traffic control systems is
20limited to areas where road construction or maintenance is
21occurring.
22    (d) Photographs obtained in this manner may only be used
23as evidence in relation to a violation of Section 11-605.1 of
24the Illinois Vehicle Code for which the photograph is taken.
25The photographs are available only to the owner of the

 

 

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1vehicle, the offender and the offender's attorney, the
2judiciary, the local State's Attorney, and law enforcement
3officials.
4    (e) If the driver of the vehicle cannot be identified
5through the photograph, the owner is not liable for the fine,
6and the citation may not be counted against the driving record
7of the owner. If the driver can be identified, the driver is
8liable for the fine, and the violation is counted against his
9or her driving record.
10(Source: P.A. 93-947, eff. 8-19-04.)
 
11    Section 945. The Child Passenger Protection Act is amended
12by changing Section 7 as follows:
 
13    (625 ILCS 25/7)  (from Ch. 95 1/2, par. 1107)
14    Sec. 7. Arrests - Prosecutions. The Illinois State Police
15shall patrol the public highways and make arrests for a
16violation of this Act. Police officers shall make arrests for
17violations of this Act occurring upon the highway within the
18limits of a county, city, village, or unincorporated town or
19park district.
20    The State's Attorney of the county in which the violation
21of this Act occurs shall prosecute all violations except when
22the violation occurs within the corporate limits of a
23municipality, the municipal attorney may prosecute if written
24permission to do so is obtained from the State's Attorney.

 

 

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1    The provisions of this Act shall not apply to a child
2passenger with a physical disability of such a nature as to
3prevent appropriate restraint in a seat, provided that the
4disability is duly certified by a physician who shall state
5the nature of the disability, as well as the reason the
6restraint is inappropriate. No physician shall be liable, and
7no cause of action may be brought for personal injuries
8resulting from the exercise of good faith judgment in making
9certifications under this provision.
10(Source: P.A. 88-685, eff. 1-24-95.)
 
11    Section 950. The Boat Registration and Safety Act is
12amended by changing Sections 3A-6, 3C-2, 3C-5, 3C-9, 5-16b,
135-16c, 5-22, and 6-1 as follows:
 
14    (625 ILCS 45/3A-6)  (from Ch. 95 1/2, par. 313A-6)
15    Sec. 3A-6. Stolen and recovered watercraft.
16    (a) Every sheriff, superintendent of police, chief of
17police or other police officer in command of any police
18department in any city, village or town of the State shall, by
19the fastest means of communications available to his or her
20law enforcement agency, immediately report to the Illinois
21Department of State Police the theft or recovery of any stolen
22or converted watercraft within his or her district or
23jurisdiction. The report shall give the date of theft,
24description of the watercraft including color, manufacturer's

 

 

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1trade name, manufacturer's series name, identification number
2and registration number, including the state in which the
3registration number was issued, together with the name,
4residence address, business address, and telephone number of
5the owner. The report shall be routed by the originating law
6enforcement agency through the Illinois State Police in a form
7and manner prescribed by the Illinois Department of State
8Police.
9    (b) A registered owner or a lienholder may report the
10theft by conversion of a watercraft to the Illinois Department
11of State Police or any other police department or sheriff's
12office. The report will be accepted as a report of theft and
13processed only if a formal complaint is on file and a warrant
14issued.
15    (c) The Illinois Department of State Police shall keep a
16complete record of all reports filed under this Section. Upon
17receipt of the report, a careful search shall be made of the
18records of the Illinois Department of State Police, and where
19it is found that a watercraft reported recovered was stolen in
20a county, city, village or town other than the county, city,
21village or town in which it is recovered, the recovering
22agency shall notify the reporting agency of the recovery in a
23form and manner prescribed by the Illinois Department of State
24Police.
25    (d) Notification of the theft of a watercraft will be
26furnished to the Department of Natural Resources by the

 

 

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1Illinois Department of State Police. The Department of Natural
2Resources shall place the proper information in the title
3registration files and in the certificate of number files to
4indicate the theft of a watercraft. Notification of the
5recovery of a watercraft previously reported as a theft or a
6conversion will be furnished to the Department of Natural
7Resources by the Illinois Department of State Police. The
8Department of Natural Resources shall remove the proper
9information from the certificate of number and title
10registration files that has previously indicated the theft of
11a watercraft. The Department of Natural Resources shall
12suspend the certificate of number of a watercraft upon receipt
13of a report that the watercraft was stolen.
14    (e) When the Department of Natural Resources receives an
15application for a certificate of title or an application for a
16certificate of number of a watercraft and it is determined
17from the records that the watercraft has been reported stolen,
18the Department of Natural Resources, Division of Law
19Enforcement, shall immediately notify the Illinois State
20Police and shall give the Illinois State Police the name and
21address of the person or firm titling or registering the
22watercraft, together with all other information contained in
23the application submitted by the person or firm.
24(Source: P.A. 89-445, eff. 2-7-96.)
 
25    (625 ILCS 45/3C-2)  (from Ch. 95 1/2, par. 313C-2)

 

 

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1    Sec. 3C-2. Notification to law enforcement agencies. When
2an abandoned, lost, stolen or unclaimed watercraft comes into
3the temporary possession or custody of a person in this State,
4not the owner of the watercraft, such person shall immediately
5notify the municipal police when the watercraft is within the
6corporate limits of any city, village or town having a duly
7authorized police department, or the Illinois State Police,
8Conservation Police or the county sheriff when the watercraft
9is outside the corporate limits of a city, village or town.
10Upon receipt of such notification, the municipal police, State
11Police, Conservation Police, or county sheriff will authorize
12a towing service to remove and take possession of the
13abandoned, lost, stolen or unclaimed watercraft. The towing
14service will safely keep the towed watercraft and its
15contents, and maintain a record of the tow as set forth in
16Section 3C-4 for law enforcement agencies, until the
17watercraft is claimed by the owner or any other person legally
18entitled to possession thereof or until it is disposed of as
19provided in this Article.
20(Source: P.A. 84-646.)
 
21    (625 ILCS 45/3C-5)  (from Ch. 95 1/2, par. 313C-5)
22    Sec. 3C-5. Record searches. When a law enforcement agency
23authorizing the impounding of a watercraft does not know the
24identity of the registered owner, lienholder or other legally
25entitled person, that law enforcement agency will cause the

 

 

HB3655- 1691 -LRB102 16922 WGH 22334 b

1watercraft registration records of the State of Illinois to be
2searched by the Department of Natural Resources for the
3purpose of obtaining the required ownership information. The
4law enforcement agency authorizing the impounding of a
5watercraft will cause the stolen watercraft files of the
6Illinois State Police to be searched by a directed
7communication to the Illinois State Police for stolen or
8wanted information on the watercraft. When the Illinois State
9Police files are searched with negative results, the
10information contained in the National Crime Information Center
11(NCIC) files will be searched by the Illinois State Police.
12The information determined from these record searches will be
13returned to the requesting law enforcement agency for that
14agency's use in sending a notification by certified mail to
15the registered owner, lienholder and other legally entitled
16persons advising where the watercraft is held, requesting that
17a disposition be made and setting forth public sale
18information. Notification shall be sent no later than 10 days
19after the date the law enforcement agency impounds or
20authorizes the impounding of a watercraft, provided that if
21the law enforcement agency is unable to determine the identity
22of the registered owner, lienholder or other person legally
23entitled to ownership of the impounded watercraft within a 10
24day period after impoundment, then notification shall be sent
25no later than 2 days after the date the identity of the
26registered owner, lienholder or other person legally entitled

 

 

HB3655- 1692 -LRB102 16922 WGH 22334 b

1to ownership of the impounded watercraft is determined.
2Exceptions to a notification by certified mail to the
3registered owner, lienholder and other legally entitled
4persons are set forth in Section 3C-9.
5(Source: P.A. 89-445, eff. 2-7-96.)
 
6    (625 ILCS 45/3C-9)  (from Ch. 95 1/2, par. 313C-9)
7    Sec. 3C-9. Disposal of unclaimed watercraft without
8notice.
9    (a) When the identity of the registered owner, lienholder
10and other person legally entitled to the possession of an
11abandoned, lost or unclaimed watercraft of 7 years of age or
12newer cannot be determined by any means provided for in this
13Article, the watercraft may be sold as provided in Section
143C-8 without notice to any person whose identity cannot be
15determined.
16    (b) When an abandoned watercraft of more than 7 years of
17age is impounded as specified by this Article, it will be kept
18in custody for a minimum of 10 days for the purpose of
19determining the identity of the registered owner and
20lienholder, contacting the registered owner and lienholder for
21a determination of disposition, and an examination of the
22Illinois State Police stolen watercraft files for the theft
23and wanted information. At the expiration of the 10 day
24period, if disposition information has not been received from
25the registered owner or the lienholder, the law enforcement

 

 

HB3655- 1693 -LRB102 16922 WGH 22334 b

1agency having jurisdiction will authorize the disposal of the
2watercraft as junk.
3    However, if, in the opinion of the police officer
4processing the watercraft, it has a value of $200 or more and
5can be restored to safe operating condition, the law
6enforcement agency may authorize its purchase for salvage and
7the Department of Natural Resources may issue a certificate of
8title. A watercraft classified as a historical watercraft may
9be sold to a person desiring to restore it.
10(Source: P.A. 89-445, eff. 2-7-96.)
 
11    (625 ILCS 45/5-16b)  (from Ch. 95 1/2, par. 315-11b)
12    Sec. 5-16b. Preliminary breath screening test. If a law
13enforcement officer has reasonable suspicion to believe that a
14person is violating or has violated Section 5-16 or a similar
15provision of a local ordinance, the officer, prior to an
16arrest, may request the person to provide a sample of his or
17her breath for a preliminary breath screening test using a
18portable device approved by the Illinois Department of State
19Police. The results of this preliminary breath screening test
20may be used by the law enforcement officer for the purpose of
21assisting with the determination of whether to require a
22chemical test as authorized under Section 5-16 and the
23appropriate type of test to request. Any chemical test
24authorized under Section 5-16 may be requested by the officer
25regardless of the result of the preliminary breath screening

 

 

HB3655- 1694 -LRB102 16922 WGH 22334 b

1test if probable cause for an arrest exists. The result of a
2preliminary breath screening test may be used by the defendant
3as evidence in any administrative or court proceeding
4involving a violation of Section 5-16.
5(Source: P.A. 90-215, eff. 1-1-98; 91-828, eff. 1-1-01.)
 
6    (625 ILCS 45/5-16c)
7    Sec. 5-16c. Operator involvement in personal injury or
8fatal boating accident; chemical tests.
9    (a) Any person who operates or is in actual physical
10control of a motorboat within this State and who has been
11involved in a personal injury or fatal boating accident shall
12be deemed to have given consent to a breath test using a
13portable device as approved by the Illinois Department of
14State Police or to a chemical test or tests of blood, breath,
15other bodily substance, or urine for the purpose of
16determining the content of alcohol, other drug or drugs, or
17intoxicating compound or compounds of the person's blood if
18arrested as evidenced by the issuance of a uniform citation
19for a violation of the Boat Registration and Safety Act or a
20similar provision of a local ordinance, with the exception of
21equipment violations contained in Article IV of this Act or
22similar provisions of local ordinances. The test or tests
23shall be administered at the direction of the arresting
24officer. The law enforcement agency employing the officer
25shall designate which of the aforesaid tests shall be

 

 

HB3655- 1695 -LRB102 16922 WGH 22334 b

1administered. Up to 2 additional tests of urine or other
2bodily substance may be administered even after a blood or
3breath test or both has been administered. Compliance with
4this Section does not relieve the person from the requirements
5of any other Section of this Act.
6    (b) Any person who is dead, unconscious, or who is
7otherwise in a condition rendering that person incapable of
8refusal shall be deemed not to have withdrawn the consent
9provided by subsection (a) of this Section. In addition, if an
10operator of a motorboat is receiving medical treatment as a
11result of a boating accident, any physician licensed to
12practice medicine, licensed physician assistant, licensed
13advanced practice registered nurse, registered nurse, or a
14phlebotomist acting under the direction of a licensed
15physician shall withdraw blood for testing purposes to
16ascertain the presence of alcohol, other drug or drugs, or
17intoxicating compound or compounds, upon the specific request
18of a law enforcement officer. However, this testing shall not
19be performed until, in the opinion of the medical personnel on
20scene, the withdrawal can be made without interfering with or
21endangering the well-being of the patient.
22    (c) A person who is a CDL holder requested to submit to a
23test under subsection (a) of this Section shall be warned by
24the law enforcement officer requesting the test that a refusal
25to submit to the test, or submission to the test resulting in
26an alcohol concentration of 0.08 or more, or any amount of a

 

 

HB3655- 1696 -LRB102 16922 WGH 22334 b

1drug, substance, or intoxicating compound resulting from the
2unlawful use or consumption of cannabis listed in the Cannabis
3Control Act, a controlled substance listed in the Illinois
4Controlled Substances Act, an intoxicating compound listed in
5the Use of Intoxicating Compounds Act, or methamphetamine as
6listed in the Methamphetamine Control and Community Protection
7Act as detected in the person's blood, other bodily substance,
8or urine, may result in the suspension of the person's
9privilege to operate a motor vehicle and may result in the
10disqualification of the person's privilege to operate a
11commercial motor vehicle, as provided in Section 6-514 of the
12Illinois Vehicle Code. A person who is not a CDL holder
13requested to submit to a test under subsection (a) of this
14Section shall be warned by the law enforcement officer
15requesting the test that a refusal to submit to the test, or
16submission to the test resulting in an alcohol concentration
17of 0.08 or more, a tetrahydrocannabinol concentration in the
18person's whole blood or other bodily substance as defined in
19paragraph 6 of subsection (a) of Section 11-501.2 of the
20Illinois Vehicle Code, or any amount of a drug, substance, or
21intoxicating compound resulting from the unlawful use or
22consumption of a controlled substance listed in the Illinois
23Controlled Substances Act, an intoxicating compound listed in
24the Use of Intoxicating Compounds Act, or methamphetamine as
25listed in the Methamphetamine Control and Community Protection
26Act as detected in the person's blood, other bodily substance,

 

 

HB3655- 1697 -LRB102 16922 WGH 22334 b

1or urine, may result in the suspension of the person's
2privilege to operate a motor vehicle. The length of the
3suspension shall be the same as outlined in Section 6-208.1 of
4the Illinois Vehicle Code regarding statutory summary
5suspensions.
6    (d) If the person is a CDL holder and refuses testing or
7submits to a test which discloses an alcohol concentration of
80.08 or more, or any amount of a drug, substance, or
9intoxicating compound in the person's blood, other bodily
10substance, or urine resulting from the unlawful use or
11consumption of cannabis listed in the Cannabis Control Act, a
12controlled substance listed in the Illinois Controlled
13Substances Act, an intoxicating compound listed in the Use of
14Intoxicating Compounds Act, or methamphetamine as listed in
15the Methamphetamine Control and Community Protection Act, the
16law enforcement officer shall immediately submit a sworn
17report to the Secretary of State on a form prescribed by the
18Secretary of State, certifying that the test or tests were
19requested under subsection (a) of this Section and the person
20refused to submit to a test or tests or submitted to testing
21which disclosed an alcohol concentration of 0.08 or more, or
22any amount of a drug, substance, or intoxicating compound in
23the person's blood, other bodily substance, or urine,
24resulting from the unlawful use or consumption of cannabis
25listed in the Cannabis Control Act, a controlled substance
26listed in the Illinois Controlled Substances Act, an

 

 

HB3655- 1698 -LRB102 16922 WGH 22334 b

1intoxicating compound listed in the Use of Intoxicating
2Compounds Act, or methamphetamine as listed in the
3Methamphetamine Control and Community Protection Act. If the
4person is not a CDL holder and refuses testing or submits to a
5test which discloses an alcohol concentration of 0.08 or more,
6a tetrahydrocannabinol concentration in the person's whole
7blood or other bodily substance as defined in paragraph 6 of
8subsection (a) of Section 11-501.2 of the Illinois Vehicle
9Code, or any amount of a drug, substance, or intoxicating
10compound in the person's blood, other bodily substance, or
11urine resulting from the unlawful use or consumption of a
12controlled substance listed in the Illinois Controlled
13Substances Act, an intoxicating compound listed in the Use of
14Intoxicating Compounds Act, or methamphetamine as listed in
15the Methamphetamine Control and Community Protection Act, the
16law enforcement officer shall immediately submit a sworn
17report to the Secretary of State on a form prescribed by the
18Secretary of State, certifying that the test or tests were
19requested under subsection (a) of this Section and the person
20refused to submit to a test or tests or submitted to testing
21which disclosed an alcohol concentration of 0.08 or more, a
22tetrahydrocannabinol concentration in the person's whole blood
23or other bodily substance as defined in paragraph 6 of
24subsection (a) of Section 11-501.2 of the Illinois Vehicle
25Code, or any amount of a drug, substance, or intoxicating
26compound in the person's blood or urine, resulting from the

 

 

HB3655- 1699 -LRB102 16922 WGH 22334 b

1unlawful use or consumption of a controlled substance listed
2in the Illinois Controlled Substances Act, an intoxicating
3compound listed in the Use of Intoxicating Compounds Act, or
4methamphetamine as listed in the Methamphetamine Control and
5Community Protection Act.
6    Upon receipt of the sworn report of a law enforcement
7officer, the Secretary of State shall enter the suspension and
8disqualification to the person's driving record and the
9suspension and disqualification shall be effective on the 46th
10day following the date notice of the suspension was given to
11the person.
12    The law enforcement officer submitting the sworn report
13shall serve immediate notice of this suspension on the person
14and this suspension and disqualification shall be effective on
15the 46th day following the date notice was given.
16    In cases involving a person who is a CDL holder where the
17blood alcohol concentration of 0.08 or more, or any amount of a
18drug, substance, or intoxicating compound resulting from the
19unlawful use or consumption of cannabis listed in the Cannabis
20Control Act, a controlled substance listed in the Illinois
21Controlled Substances Act, an intoxicating compound listed in
22the Use of Intoxicating Compounds Act, or methamphetamine as
23listed in the Methamphetamine Control and Community Protection
24Act, is established by a subsequent analysis of blood, other
25bodily substance, or urine collected at the time of arrest,
26the arresting officer shall give notice as provided in this

 

 

HB3655- 1700 -LRB102 16922 WGH 22334 b

1Section or by deposit in the United States mail of this notice
2in an envelope with postage prepaid and addressed to the
3person at his or her address as shown on the uniform citation
4and the suspension and disqualification shall be effective on
5the 46th day following the date notice was given. In cases
6involving a person who is not a CDL holder where the blood
7alcohol concentration of 0.08 or more, a tetrahydrocannabinol
8concentration in the person's whole blood or other bodily
9substance as defined in paragraph 6 of subsection (a) of
10Section 11-501.2 of the Illinois Vehicle Code, or any amount
11of a drug, substance, or intoxicating compound resulting from
12the unlawful use or consumption of a controlled substance
13listed in the Illinois Controlled Substances Act, an
14intoxicating compound listed in the Use of Intoxicating
15Compounds Act, or methamphetamine as listed in the
16Methamphetamine Control and Community Protection Act, is
17established by a subsequent analysis of blood, other bodily
18substance, or urine collected at the time of arrest, the
19arresting officer shall give notice as provided in this
20Section or by deposit in the United States mail of this notice
21in an envelope with postage prepaid and addressed to the
22person at his or her address as shown on the uniform citation
23and the suspension shall be effective on the 46th day
24following the date notice was given.
25    Upon receipt of the sworn report of a law enforcement
26officer, the Secretary of State shall also give notice of the

 

 

HB3655- 1701 -LRB102 16922 WGH 22334 b

1suspension and disqualification to the person by mailing a
2notice of the effective date of the suspension and
3disqualification to the person. However, should the sworn
4report be defective by not containing sufficient information
5or be completed in error, the notice of the suspension and
6disqualification shall not be mailed to the person or entered
7to the driving record, but rather the sworn report shall be
8returned to the issuing law enforcement agency.
9    (e) A person may contest this suspension of his or her
10driving privileges and disqualification of his or her CDL
11privileges by requesting an administrative hearing with the
12Secretary of State in accordance with Section 2-118 of the
13Illinois Vehicle Code. At the conclusion of a hearing held
14under Section 2-118 of the Illinois Vehicle Code, the
15Secretary of State may rescind, continue, or modify the orders
16of suspension and disqualification. If the Secretary of State
17does not rescind the orders of suspension and
18disqualification, a restricted driving permit may be granted
19by the Secretary of State upon application being made and good
20cause shown. A restricted driving permit may be granted to
21relieve undue hardship to allow driving for employment,
22educational, and medical purposes as outlined in Section 6-206
23of the Illinois Vehicle Code. The provisions of Section 6-206
24of the Illinois Vehicle Code shall apply. In accordance with
2549 C.F.R. 384, the Secretary of State may not issue a
26restricted driving permit for the operation of a commercial

 

 

HB3655- 1702 -LRB102 16922 WGH 22334 b

1motor vehicle to a person holding a CDL whose driving
2privileges have been suspended, revoked, cancelled, or
3disqualified.
4    (f) For the purposes of this Section, a personal injury
5shall include any type A injury as indicated on the accident
6report completed by a law enforcement officer that requires
7immediate professional attention in a doctor's office or a
8medical facility. A type A injury shall include severely
9bleeding wounds, distorted extremities, and injuries that
10require the injured party to be carried from the scene.
11(Source: P.A. 99-697, eff. 7-29-16; 100-513, eff. 1-1-18.)
 
12    (625 ILCS 45/5-22)
13    Sec. 5-22. Operation of watercraft upon the approach of an
14authorized emergency watercraft.
15    (a) As used in this Section, "authorized emergency
16watercraft" includes any watercraft operated by the Illinois
17Department of Natural Resources Police, the Illinois
18Department of State Police, a county sheriff, a local law
19enforcement agency, a fire department, a provider of emergency
20medical services, or the United States Coast Guard, equipped
21with alternately flashing red, blue, red and white, red and
22blue, or red in combination with white or blue lights, while
23engaged in official duties. Any authorized emergency
24watercraft must be clearly emblazoned with markings
25identifying it as a watercraft operated by the qualifying

 

 

HB3655- 1703 -LRB102 16922 WGH 22334 b

1agency.
2    (b) Upon the immediate approach of an authorized emergency
3watercraft making use of rotating or flashing visual signals
4and lawfully making use of a visual signal, the operator of
5every other watercraft shall yield the right-of-way and shall
6immediately reduce the speed of the watercraft, so as not to
7create a wake, and shall yield way to the emergency
8watercraft, moving to the right to permit the safe passage of
9the emergency watercraft, and shall stop and remain in that
10position until the authorized emergency watercraft has passed,
11unless otherwise directed by a police officer.
12    (c) Upon approaching a stationary authorized emergency
13watercraft, when the authorized emergency watercraft is giving
14a signal by displaying rotating or alternately flashing red,
15blue, red and white, red and blue, or red in combination with
16white or blue lights, a person operating an approaching
17watercraft shall proceed with due caution at no-wake speed and
18yield the right-of-way by moving safely away from that
19authorized emergency watercraft, proceeding with due caution
20at a no-wake speed with due regard to safety and water
21conditions, maintaining no-wake speed until sufficiently away
22from the emergency watercraft so as not to create a wake that
23would otherwise rock or otherwise disturb the authorized
24emergency watercraft.
25    (d) This Section shall not operate to relieve the operator
26of an authorized emergency watercraft from the duty to operate

 

 

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1that watercraft with due regard for the safety of all persons
2using the waterway.
3    (e) A person who violates this Section commits a business
4offense punishable by a fine of not less than $100 or more than
5$10,000. It is a factor in aggravation if the person committed
6the offense while in violation of Section 5-16 of this Act.
7    (f) If a violation of this Section results in damage to the
8property of another person, in addition to any other penalty
9imposed, the person's watercraft operating privileges shall be
10suspended for a fixed period of not less than 90 days and not
11more than one year.
12    (g) If a violation of this Section results in injury to
13another person, in addition to any other penalty imposed, the
14person's watercraft operating privileges shall be suspended
15for a fixed period of not less than 180 days and not more than
162 years.
17    (h) If a violation of subsection (c) of this Section
18results in great bodily harm or permanent disability or
19disfigurement to, or the death of, another person, in addition
20to any other penalty imposed, the person's watercraft
21operating privileges shall be suspended for 2 years.
22    (i) The Department of Natural Resources shall, upon
23receiving a record of a judgment entered against a person
24under this Section:
25        (1) suspend the person's watercraft operating
26    privileges for the mandatory period; or

 

 

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1        (2) extend the period of an existing suspension by the
2    appropriate mandatory period.
3(Source: P.A. 98-102, eff. 7-22-13.)
 
4    (625 ILCS 45/6-1)  (from Ch. 95 1/2, par. 316-1)
5    Sec. 6-1. Collisions, accidents, and casualties; reports.
6    A. The operator of a vessel involved in a collision,
7accident, or other casualty, so far as he can without serious
8danger to his own vessel, crew, passengers and guests, if any,
9shall render to other persons affected by the collision,
10accident, or other casualty assistance as may be practicable
11and as may be necessary in order to save them from or minimize
12any danger caused by the collision, accident, or other
13casualty, and also shall give his name, address, and
14identification of his vessel to any person injured and to the
15owner of any property damaged in the collision, accident, or
16other casualty.
17    If the collision, accident, or other casualty has resulted
18in the death of or personal injury to any person, failure to
19comply with this subsection A is a Class A misdemeanor.
20    A-1. Any person who has failed to stop or to comply with
21the requirements of subsection A must, as soon as possible but
22in no case later than one hour after the collision, accident,
23or other casualty, or, if hospitalized and incapacitated from
24reporting at any time during that period, as soon as possible
25but in no case later than one hour after being discharged from

 

 

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1the hospital, report the date, place, and approximate time of
2the collision, accident, or other casualty, the watercraft
3operator's name and address, the identification number of the
4watercraft, if any, and the names of all other occupants of the
5watercraft, at a police station or sheriff's office near the
6location where the collision, accident, or other casualty
7occurred. A report made as required under this subsection A-1
8may not be used, directly or indirectly, as a basis for the
9prosecution of any violation of subsection A.
10    As used in this Section, personal injury means any injury
11requiring treatment beyond first aid.
12    Any person failing to comply with this subsection A-1 is
13guilty of a Class 4 felony if the collision, accident, or other
14casualty does not result in the death of any person. Any person
15failing to comply with this subsection A-1 when the collision,
16accident, or other casualty results in the death of any person
17is guilty of a Class 2 felony, for which the person, if
18sentenced to a term of imprisonment, shall be sentenced to a
19term of not less than 3 years and not more than 14 years.
20    B. In the case of collision, accident, or other casualty
21involving a vessel, the operator, if the collision, accident,
22or other casualty results in death or injury to a person or
23damage to property in excess of $2000, or there is a complete
24loss of the vessel, shall file with the Department a full
25description of the collision, accident, or other casualty,
26including information as the Department may by regulation

 

 

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1require. Reports of the accidents must be filed with the
2Department on a Department Accident Report form within 5 days.
3    C. Reports of accidents resulting in personal injury,
4where a person sustains an injury requiring medical attention
5beyond first aid, must be filed with the Department on a
6Department Accident Report form within 5 days. Accidents that
7result in loss of life shall be reported to the Department on a
8Department form within 48 hours.
9    D. All required accident reports and supplemental reports
10are without prejudice to the individual reporting, and are for
11the confidential use of the Department, except that the
12Department may disclose the identity of a person involved in
13an accident when the identity is not otherwise known or when
14the person denies his presence at the accident. No report to
15the Department may be used as evidence in any trial, civil or
16criminal, arising out of an accident, except that the
17Department must furnish upon demand of any person who has or
18claims to have made a report or upon demand of any court a
19certificate showing that a specified accident report has or
20has not been made to the Department solely to prove a
21compliance or a failure to comply with the requirements that a
22report be made to the Department.
23    E. (1) Every coroner or medical examiner shall on or
24    before the 10th day of each month report in writing to the
25    Department the circumstances surrounding the death of any
26    person that has occurred as the result of a boating

 

 

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1    accident within the examiner's jurisdiction during the
2    preceding calendar month.
3        (2) Within 6 hours after a death resulting from a
4    boating accident, but in any case not more than 12 hours
5    after the occurrence of the boating accident, a blood
6    specimen of at least 10 cc shall be withdrawn from the body
7    of the decedent by the coroner or medical examiner or by a
8    qualified person at the direction of the physician. All
9    morticians shall obtain a release from the coroner or
10    medical examiner prior to proceeding with embalming any
11    body coming under the scope of this Section. The blood so
12    drawn shall be forwarded to a laboratory approved by the
13    Illinois Department of State Police for analysis of the
14    alcoholic content of the blood specimen. The coroner or
15    medical examiner causing the blood to be withdrawn shall
16    be notified of the results of each analysis made and shall
17    forward the results of each analysis to the Department.
18    The Department shall keep a record of all examinations to
19    be used for statistical purposes only. The cumulative
20    results of the examinations, without identifying the
21    individuals involved, shall be disseminated and made
22    public by the Department.
23(Source: P.A. 93-782, eff. 1-1-05; 94-214, eff. 1-1-06.)
 
24    Section 955. The Public-Private Partnerships for
25Transportation Act is amended by changing Section 70 as

 

 

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1follows:
 
2    (630 ILCS 5/70)
3    Sec. 70. Additional powers of transportation agencies with
4respect to transportation projects.
5    (a) Each transportation agency may exercise any powers
6provided under this Act in participation or cooperation with
7any governmental entity and enter into any contracts to
8facilitate that participation or cooperation without
9compliance with any other statute. Each transportation agency
10shall cooperate with each other and with other governmental
11entities in carrying out transportation projects under this
12Act.
13    (b) Each transportation agency may make and enter into all
14contracts and agreements necessary or incidental to the
15performance of the transportation agency's duties and the
16execution of the transportation agency's powers under this
17Act. Except as otherwise required by law, these contracts or
18agreements are not subject to any approvals other than the
19approval of the transportation agency and may be for any term
20of years and contain any terms that are considered reasonable
21by the transportation agency.
22    (c) Each transportation agency may pay the costs incurred
23under a public-private agreement entered into under this Act
24from any funds available to the transportation agency under
25this Act or any other statute.

 

 

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1    (d) A transportation agency or other State agency may not
2take any action that would impair a public-private agreement
3entered into under this Act.
4    (e) Each transportation agency may enter into an agreement
5between and among the contractor, the transportation agency,
6and the Illinois Department of State Police concerning the
7provision of law enforcement assistance with respect to a
8transportation project that is the subject of a public-private
9agreement under this Act.
10    (f) Each transportation agency is authorized to enter into
11arrangements with the Illinois Department of State Police
12related to costs incurred in providing law enforcement
13assistance under this Act.
14(Source: P.A. 97-502, eff. 8-23-11.)
 
15    Section 965. The Clerks of Courts Act is amended by
16changing Section 27.3b-1 as follows:
 
17    (705 ILCS 105/27.3b-1)
18    Sec. 27.3b-1. Minimum fines; disbursement of fines.
19    (a) Unless otherwise specified by law, the minimum fine
20for a conviction or supervision disposition on a minor traffic
21offense is $25 and the minimum fine for a conviction,
22supervision disposition, or violation based upon a plea of
23guilty or finding of guilt for any other offense is $75. If the
24court finds that the fine would impose an undue burden on the

 

 

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1victim, the court may reduce or waive the fine. In this
2subsection (a), "victim" shall not be construed to include the
3defendant.
4    (b) Unless otherwise specified by law, all fines imposed
5on a misdemeanor offense, other than a traffic, conservation,
6or driving under the influence offense, or on a felony offense
7shall be disbursed within 60 days after receipt by the circuit
8clerk to the county treasurer for deposit into the county's
9General Fund. Unless otherwise specified by law, all fines
10imposed on an ordinance offense or a misdemeanor traffic,
11misdemeanor conservation, or misdemeanor driving under the
12influence offense shall be disbursed within 60 days after
13receipt by the circuit clerk to the treasurer of the unit of
14government of the arresting agency. If the arresting agency is
15the office of the sheriff, the county treasurer shall deposit
16the portion into a fund to support the law enforcement
17operations of the office of the sheriff. If the arresting
18agency is a State agency, the State Treasurer shall deposit
19the portion as follows:
20        (1) if the arresting agency is the Illinois Department
21    of State Police, into the State Police Law Enforcement
22    Administration Fund;
23        (2) if the arresting agency is the Department of
24    Natural Resources, into the Conservation Police Operations
25    Assistance Fund;
26        (3) if the arresting agency is the Secretary of State,

 

 

HB3655- 1712 -LRB102 16922 WGH 22334 b

1    into the Secretary of State Police Services Fund; and
2        (4) if the arresting agency is the Illinois Commerce
3    Commission, into the Transportation Regulatory Fund.
4(Source: P.A. 100-987, eff. 7-1-19; 101-636, eff. 6-10-20.)
 
5    Section 970. The Criminal and Traffic Assessment Act is
6amended by changing Sections 10-5 and 15-70 as follows:
 
7    (705 ILCS 135/10-5)
8    (Section scheduled to be repealed on January 1, 2022)
9    Sec. 10-5. Funds.
10    (a) All money collected by the Clerk of the Circuit Court
11under Article 15 of this Act shall be remitted as directed in
12Article 15 of this Act to the county treasurer, to the State
13Treasurer, and to the treasurers of the units of local
14government. If an amount payable to any of the treasurers is
15less than $10, the clerk may postpone remitting the money
16until $10 has accrued or by the end of fiscal year. The
17treasurers shall deposit the money as indicated in the
18schedules, except, in a county with a population of over
193,000,000, money remitted to the county treasurer shall be
20subject to appropriation by the county board. Any amount
21retained by the Clerk of the Circuit Court in a county with a
22population of over 3,000,000 shall be subject to appropriation
23by the county board.
24    (b) The county treasurer or the treasurer of the unit of

 

 

HB3655- 1713 -LRB102 16922 WGH 22334 b

1local government may create the funds indicated in paragraphs
2(1) through (5), (9), and (16) of subsection (d) of this
3Section, if not already in existence. If a county or unit of
4local government has not instituted, and does not plan to
5institute a program that uses a particular fund, the treasurer
6need not create the fund and may instead deposit the money
7intended for the fund into the general fund of the county or
8unit of local government for use in financing the court
9system.
10    (c) If the arresting agency is a State agency, the
11arresting agency portion shall be remitted by the clerk of
12court to the State Treasurer who shall deposit the portion as
13follows:
14        (1) if the arresting agency is the Illinois Department
15    of State Police, into the State Police Law Enforcement
16    Administration Fund;
17        (2) if the arresting agency is the Department of
18    Natural Resources, into the Conservation Police Operations
19    Assistance Fund;
20        (3) if the arresting agency is the Secretary of State,
21    into the Secretary of State Police Services Fund; and
22        (4) if the arresting agency is the Illinois Commerce
23    Commission, into the Transportation Regulatory Fund.
24    (d) Fund descriptions and provisions:
25        (1) The Court Automation Fund is to defray the
26    expense, borne by the county, of establishing and

 

 

HB3655- 1714 -LRB102 16922 WGH 22334 b

1    maintaining automated record keeping systems in the Office
2    of the Clerk of the Circuit Court. The money shall be
3    remitted monthly by the clerk to the county treasurer and
4    identified as funds for the Circuit Court Clerk. The fund
5    shall be audited by the county auditor, and the board
6    shall make expenditures from the fund in payment of any
7    costs related to the automation of court records including
8    hardware, software, research and development costs, and
9    personnel costs related to the foregoing, provided that
10    the expenditure is approved by the clerk of the court and
11    by the chief judge of the circuit court or his or her
12    designee.
13        (2) The Document Storage Fund is to defray the
14    expense, borne by the county, of establishing and
15    maintaining a document storage system and converting the
16    records of the circuit court clerk to electronic or
17    micrographic storage. The money shall be remitted monthly
18    by the clerk to the county treasurer and identified as
19    funds for the circuit court clerk. The fund shall be
20    audited by the county auditor, and the board shall make
21    expenditure from the fund in payment of any cost related
22    to the storage of court records, including hardware,
23    software, research and development costs, and personnel
24    costs related to the foregoing, provided that the
25    expenditure is approved by the clerk of the court.
26        (3) The Circuit Clerk Operations and Administration

 

 

HB3655- 1715 -LRB102 16922 WGH 22334 b

1    Fund may be used to defray the expenses incurred for
2    collection and disbursement of the various assessment
3    schedules. The money shall be remitted monthly by the
4    clerk to the county treasurer and identified as funds for
5    the circuit court clerk.
6        (4) The State's Attorney Records Automation Fund is to
7    defray the expense of establishing and maintaining
8    automated record keeping systems in the offices of the
9    State's Attorney. The money shall be remitted monthly by
10    the clerk to the county treasurer for deposit into the
11    State's Attorney Records Automation Fund. Expenditures
12    from this fund may be made by the State's Attorney for
13    hardware, software, and research and development related
14    to automated record keeping systems.
15        (5) The Public Defender Records Automation Fund is to
16    defray the expense of establishing and maintaining
17    automated record keeping systems in the offices of the
18    Public Defender. The money shall be remitted monthly by
19    the clerk to the county treasurer for deposit into the
20    Public Defender Records Automation Fund. Expenditures from
21    this fund may be made by the Public Defender for hardware,
22    software, and research and development related to
23    automated record keeping systems.
24        (6) The DUI Fund shall be used for enforcement and
25    prevention of driving while under the influence of
26    alcohol, other drug or drugs, intoxicating compound or

 

 

HB3655- 1716 -LRB102 16922 WGH 22334 b

1    compounds or any combination thereof, as defined by
2    Section 11-501 of the Illinois Vehicle Code, including,
3    but not limited to, the purchase of law enforcement
4    equipment and commodities that will assist in the
5    prevention of alcohol-related criminal violence throughout
6    the State; police officer training and education in areas
7    related to alcohol-related crime, including, but not
8    limited to, DUI training; and police officer salaries,
9    including, but not limited to, salaries for hire-back
10    funding for safety checkpoints, saturation patrols, and
11    liquor store sting operations. Any moneys shall be used to
12    purchase law enforcement equipment that will assist in the
13    prevention of alcohol-related criminal violence throughout
14    the State. The money shall be remitted monthly by the
15    clerk to the State or local treasurer for deposit as
16    provided by law.
17        (7) The Trauma Center Fund shall be distributed as
18    provided under Section 3.225 of the Emergency Medical
19    Services (EMS) Systems Act.
20        (8) The Probation and Court Services Fund is to be
21    expended as described in Section 15.1 of the Probation and
22    Probation Officers Act.
23        (9) The Circuit Court Clerk Electronic Citation Fund
24    shall have the Circuit Court Clerk as the custodian, ex
25    officio, of the Fund and shall be used to perform the
26    duties required by the office for establishing and

 

 

HB3655- 1717 -LRB102 16922 WGH 22334 b

1    maintaining electronic citations. The Fund shall be
2    audited by the county's auditor.
3        (10) The Drug Treatment Fund is a special fund in the
4    State treasury. Moneys in the Fund shall be expended as
5    provided in Section 411.2 of the Illinois Controlled
6    Substances Act.
7        (11) The Violent Crime Victims Assistance Fund is a
8    special fund in the State treasury to provide moneys for
9    the grants to be awarded under the Violent Crime Victims
10    Assistance Act.
11        (12) The Criminal Justice Information Projects Fund
12    shall be appropriated to and administered by the Illinois
13    Criminal Justice Information Authority for distribution to
14    fund Illinois Department of State Police drug task forces
15    and Metropolitan Enforcement Groups, for the costs
16    associated with making grants from the Prescription Pill
17    and Drug Disposal Fund, for undertaking criminal justice
18    information projects, and for the operating and other
19    expenses of the Authority incidental to those criminal
20    justice information projects. The moneys deposited into
21    the Criminal Justice Information Projects Fund under
22    Sections 15-15 and 15-35 of this Act shall be appropriated
23    to and administered by the Illinois Criminal Justice
24    Information Authority for distribution to fund Illinois
25    Department of State Police drug task forces and
26    Metropolitan Enforcement Groups by dividing the funds

 

 

HB3655- 1718 -LRB102 16922 WGH 22334 b

1    equally by the total number of Illinois Department of
2    State Police drug task forces and Illinois Metropolitan
3    Enforcement Groups.
4        (13) The Sexual Assault Services Fund shall be
5    appropriated to the Department of Public Health. Upon
6    appropriation of moneys from the Sexual Assault Services
7    Fund, the Department of Public Health shall make grants of
8    these moneys to sexual assault organizations with whom the
9    Department has contracts for the purpose of providing
10    community-based services to victims of sexual assault.
11    Grants are in addition to, and are not substitutes for,
12    other grants authorized and made by the Department.
13        (14) The County Jail Medical Costs Fund is to help
14    defray the costs outlined in Section 17 of the County Jail
15    Act. Moneys in the Fund shall be used solely for
16    reimbursement to the county of costs for medical expenses
17    and administration of the Fund.
18        (15) The Prisoner Review Board Vehicle and Equipment
19    Fund is a special fund in the State treasury. The Prisoner
20    Review Board shall, subject to appropriation by the
21    General Assembly and approval by the Secretary, use all
22    moneys in the Prisoner Review Board Vehicle and Equipment
23    Fund for the purchase and operation of vehicles and
24    equipment.
25        (16) In each county in which a Children's Advocacy
26    Center provides services, a Child Advocacy Center Fund is

 

 

HB3655- 1719 -LRB102 16922 WGH 22334 b

1    specifically for the operation and administration of the
2    Children's Advocacy Center, from which the county board
3    shall make grants to support the activities and services
4    of the Children's Advocacy Center within that county.
5(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19;
6101-636, eff. 6-10-20.)
 
7    (705 ILCS 135/15-70)
8    (Section scheduled to be repealed on January 1, 2022)
9    Sec. 15-70. Conditional assessments. In addition to
10payments under one of the Schedule of Assessments 1 through 13
11of this Act, the court shall also order payment of any of the
12following conditional assessment amounts for each sentenced
13violation in the case to which a conditional assessment is
14applicable, which shall be collected and remitted by the Clerk
15of the Circuit Court as provided in this Section:
16        (1) arson, residential arson, or aggravated arson,
17    $500 per conviction to the State Treasurer for deposit
18    into the Fire Prevention Fund;
19        (2) child pornography under Section 11-20.1 of the
20    Criminal Code of 1961 or the Criminal Code of 2012, $500
21    per conviction, unless more than one agency is responsible
22    for the arrest in which case the amount shall be remitted
23    to each unit of government equally:
24            (A) if the arresting agency is an agency of a unit
25        of local government, $500 to the treasurer of the unit

 

 

HB3655- 1720 -LRB102 16922 WGH 22334 b

1        of local government for deposit into the unit of local
2        government's General Fund, except that if the Illinois
3        Department of State Police provides digital or
4        electronic forensic examination assistance, or both,
5        to the arresting agency then $100 to the State
6        Treasurer for deposit into the State Crime Laboratory
7        Fund; or
8            (B) if the arresting agency is the Illinois
9        Department of State Police, $500 to the State
10        Treasurer for deposit into the State Crime Laboratory
11        Fund;
12        (3) crime laboratory drug analysis for a drug-related
13    offense involving possession or delivery of cannabis or
14    possession or delivery of a controlled substance as
15    defined in the Cannabis Control Act, the Illinois
16    Controlled Substances Act, or the Methamphetamine Control
17    and Community Protection Act, $100 reimbursement for
18    laboratory analysis, as set forth in subsection (f) of
19    Section 5-9-1.4 of the Unified Code of Corrections;
20        (4) DNA analysis, $250 on each conviction in which it
21    was used to the State Treasurer for deposit into the State
22    Offender DNA Identification System Fund as set forth in
23    Section 5-4-3 of the Unified Code of Corrections;
24        (5) DUI analysis, $150 on each sentenced violation in
25    which it was used as set forth in subsection (f) of Section
26    5-9-1.9 of the Unified Code of Corrections;

 

 

HB3655- 1721 -LRB102 16922 WGH 22334 b

1        (6) drug-related offense involving possession or
2    delivery of cannabis or possession or delivery of a
3    controlled substance, other than methamphetamine, as
4    defined in the Cannabis Control Act or the Illinois
5    Controlled Substances Act, an amount not less than the
6    full street value of the cannabis or controlled substance
7    seized for each conviction to be disbursed as follows:
8            (A) 12.5% of the street value assessment shall be
9        paid into the Youth Drug Abuse Prevention Fund, to be
10        used by the Department of Human Services for the
11        funding of programs and services for drug-abuse
12        treatment, and prevention and education services;
13            (B) 37.5% to the county in which the charge was
14        prosecuted, to be deposited into the county General
15        Fund;
16            (C) 50% to the treasurer of the arresting law
17        enforcement agency of the municipality or county, or
18        to the State Treasurer if the arresting agency was a
19        state agency;
20            (D) if the arrest was made in combination with
21        multiple law enforcement agencies, the clerk shall
22        equitably allocate the portion in subparagraph (C) of
23        this paragraph (6) among the law enforcement agencies
24        involved in the arrest;
25        (6.5) Kane County or Will County, in felony,
26    misdemeanor, local or county ordinance, traffic, or

 

 

HB3655- 1722 -LRB102 16922 WGH 22334 b

1    conservation cases, up to $30 as set by the county board
2    under Section 5-1101.3 of the Counties Code upon the entry
3    of a judgment of conviction, an order of supervision, or a
4    sentence of probation without entry of judgment under
5    Section 10 of the Cannabis Control Act, Section 410 of the
6    Illinois Controlled Substances Act, Section 70 of the
7    Methamphetamine Control and Community Protection Act,
8    Section 12-4.3 or subdivision (b)(1) of Section 12-3.05 of
9    the Criminal Code of 1961 or the Criminal Code of 2012,
10    Section 10-102 of the Illinois Alcoholism and Other Drug
11    Dependency Act, or Section 10 of the Steroid Control Act;
12    except in local or county ordinance, traffic, and
13    conservation cases, if fines are paid in full without a
14    court appearance, then the assessment shall not be imposed
15    or collected. Distribution of assessments collected under
16    this paragraph (6.5) shall be as provided in Section
17    5-1101.3 of the Counties Code;
18        (7) methamphetamine-related offense involving
19    possession or delivery of methamphetamine or any salt of
20    an optical isomer of methamphetamine or possession of a
21    methamphetamine manufacturing material as set forth in
22    Section 10 of the Methamphetamine Control and Community
23    Protection Act with the intent to manufacture a substance
24    containing methamphetamine or salt of an optical isomer of
25    methamphetamine, an amount not less than the full street
26    value of the methamphetamine or salt of an optical isomer

 

 

HB3655- 1723 -LRB102 16922 WGH 22334 b

1    of methamphetamine or methamphetamine manufacturing
2    materials seized for each conviction to be disbursed as
3    follows:
4            (A) 12.5% of the street value assessment shall be
5        paid into the Youth Drug Abuse Prevention Fund, to be
6        used by the Department of Human Services for the
7        funding of programs and services for drug-abuse
8        treatment, and prevention and education services;
9            (B) 37.5% to the county in which the charge was
10        prosecuted, to be deposited into the county General
11        Fund;
12            (C) 50% to the treasurer of the arresting law
13        enforcement agency of the municipality or county, or
14        to the State Treasurer if the arresting agency was a
15        state agency;
16            (D) if the arrest was made in combination with
17        multiple law enforcement agencies, the clerk shall
18        equitably allocate the portion in subparagraph (C) of
19        this paragraph (6) among the law enforcement agencies
20        involved in the arrest;
21        (8) order of protection violation under Section 12-3.4
22    of the Criminal Code of 2012, $200 for each conviction to
23    the county treasurer for deposit into the Probation and
24    Court Services Fund for implementation of a domestic
25    violence surveillance program and any other assessments or
26    fees imposed under Section 5-9-1.16 of the Unified Code of

 

 

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1    Corrections;
2        (9) order of protection violation, $25 for each
3    violation to the State Treasurer, for deposit into the
4    Domestic Violence Abuser Services Fund;
5        (10) prosecution by the State's Attorney of a:
6            (A) petty or business offense, $4 to the county
7        treasurer of which $2 deposited into the State's
8        Attorney Records Automation Fund and $2 into the
9        Public Defender Records Automation Fund;
10            (B) conservation or traffic offense, $2 to the
11        county treasurer for deposit into the State's Attorney
12        Records Automation Fund;
13        (11) speeding in a construction zone violation, $250
14    to the State Treasurer for deposit into the Transportation
15    Safety Highway Hire-back Fund, unless (i) the violation
16    occurred on a highway other than an interstate highway and
17    (ii) a county police officer wrote the ticket for the
18    violation, in which case to the county treasurer for
19    deposit into that county's Transportation Safety Highway
20    Hire-back Fund;
21        (12) supervision disposition on an offense under the
22    Illinois Vehicle Code or similar provision of a local
23    ordinance, 50 cents, unless waived by the court, into the
24    Prisoner Review Board Vehicle and Equipment Fund;
25        (13) victim and offender are family or household
26    members as defined in Section 103 of the Illinois Domestic

 

 

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1    Violence Act of 1986 and offender pleads guilty or no
2    contest to or is convicted of murder, voluntary
3    manslaughter, involuntary manslaughter, burglary,
4    residential burglary, criminal trespass to residence,
5    criminal trespass to vehicle, criminal trespass to land,
6    criminal damage to property, telephone harassment,
7    kidnapping, aggravated kidnaping, unlawful restraint,
8    forcible detention, child abduction, indecent solicitation
9    of a child, sexual relations between siblings,
10    exploitation of a child, child pornography, assault,
11    aggravated assault, battery, aggravated battery, heinous
12    battery, aggravated battery of a child, domestic battery,
13    reckless conduct, intimidation, criminal sexual assault,
14    predatory criminal sexual assault of a child, aggravated
15    criminal sexual assault, criminal sexual abuse, aggravated
16    criminal sexual abuse, violation of an order of
17    protection, disorderly conduct, endangering the life or
18    health of a child, child abandonment, contributing to
19    dependency or neglect of child, or cruelty to children and
20    others, $200 for each sentenced violation to the State
21    Treasurer for deposit as follows: (i) for sexual assault,
22    as defined in Section 5-9-1.7 of the Unified Code of
23    Corrections, when the offender and victim are family
24    members, one-half to the Domestic Violence Shelter and
25    Service Fund, and one-half to the Sexual Assault Services
26    Fund; (ii) for the remaining offenses to the Domestic

 

 

HB3655- 1726 -LRB102 16922 WGH 22334 b

1    Violence Shelter and Service Fund;
2        (14) violation of Section 11-501 of the Illinois
3    Vehicle Code, Section 5-7 of the Snowmobile Registration
4    and Safety Act, Section 5-16 of the Boat Registration and
5    Safety Act, or a similar provision, whose operation of a
6    motor vehicle, snowmobile, or watercraft while in
7    violation of Section 11-501, Section 5-7 of the Snowmobile
8    Registration and Safety Act, Section 5-16 of the Boat
9    Registration and Safety Act, or a similar provision
10    proximately caused an incident resulting in an appropriate
11    emergency response, $1,000 maximum to the public agency
12    that provided an emergency response related to the
13    person's violation, and if more than one agency responded,
14    the amount payable to public agencies shall be shared
15    equally;
16        (15) violation of Section 401, 407, or 407.2 of the
17    Illinois Controlled Substances Act that proximately caused
18    any incident resulting in an appropriate drug-related
19    emergency response, $1,000 as reimbursement for the
20    emergency response to the law enforcement agency that made
21    the arrest, and if more than one agency is responsible for
22    the arrest, the amount payable to law enforcement agencies
23    shall be shared equally;
24        (16) violation of reckless driving, aggravated
25    reckless driving, or driving 26 miles per hour or more in
26    excess of the speed limit that triggered an emergency

 

 

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1    response, $1,000 maximum reimbursement for the emergency
2    response to be distributed in its entirety to a public
3    agency that provided an emergency response related to the
4    person's violation, and if more than one agency responded,
5    the amount payable to public agencies shall be shared
6    equally;
7        (17) violation based upon each plea of guilty,
8    stipulation of facts, or finding of guilt resulting in a
9    judgment of conviction or order of supervision for an
10    offense under Section 10-9, 11-14.1, 11-14.3, or 11-18 of
11    the Criminal Code of 2012 that results in the imposition
12    of a fine, to be distributed as follows:
13            (A) $50 to the county treasurer for deposit into
14        the Circuit Court Clerk Operation and Administrative
15        Fund to cover the costs in administering this
16        paragraph (17);
17            (B) $300 to the State Treasurer who shall deposit
18        the portion as follows:
19                (i) if the arresting or investigating agency
20            is the Illinois Department of State Police, into
21            the State Police Law Enforcement Administration
22            Fund;
23                (ii) if the arresting or investigating agency
24            is the Department of Natural Resources, into the
25            Conservation Police Operations Assistance Fund;
26                (iii) if the arresting or investigating agency

 

 

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1            is the Secretary of State, into the Secretary of
2            State Police Services Fund;
3                (iv) if the arresting or investigating agency
4            is the Illinois Commerce Commission, into the
5            Transportation Regulatory Fund; or
6                (v) if more than one of the State agencies in
7            this subparagraph (B) is the arresting or
8            investigating agency, then equal shares with the
9            shares deposited as provided in the applicable
10            items (i) through (iv) of this subparagraph (B);
11            and
12            (C) the remainder for deposit into the Specialized
13        Services for Survivors of Human Trafficking Fund;
14        (18) weapons violation under Section 24-1.1, 24-1.2,
15    or 24-1.5 of the Criminal Code of 1961 or the Criminal Code
16    of 2012, $100 for each conviction to the State Treasurer
17    for deposit into the Trauma Center Fund; and
18        (19) violation of subsection (c) of Section 11-907 of
19    the Illinois Vehicle Code, $250 to the State Treasurer for
20    deposit into the Scott's Law Fund, unless a county or
21    municipal police officer wrote the ticket for the
22    violation, in which case to the county treasurer for
23    deposit into that county's or municipality's
24    Transportation Safety Highway Hire-back Fund to be used as
25    provided in subsection (j) of Section 11-907 of the
26    Illinois Vehicle Code.

 

 

HB3655- 1729 -LRB102 16922 WGH 22334 b

1(Source: P.A. 100-987, eff. 7-1-19; 100-1161, eff. 7-1-19;
2101-173, eff. 1-1-20; 101-636, eff. 6-10-20.)
 
3    Section 975. The Juvenile Court Act of 1987 is amended by
4changing Sections 1-3, 1-7, 1-8, 2-21, 2-25, 3-26, 4-23,
55-105, 5-301, 5-305, 5-730, 5-901, and 5-915 as follows:
 
6    (705 ILCS 405/1-3)  (from Ch. 37, par. 801-3)
7    Sec. 1-3. Definitions. Terms used in this Act, unless the
8context otherwise requires, have the following meanings
9ascribed to them:
10    (1) "Adjudicatory hearing" means a hearing to determine
11whether the allegations of a petition under Section 2-13, 3-15
12or 4-12 that a minor under 18 years of age is abused, neglected
13or dependent, or requires authoritative intervention, or
14addicted, respectively, are supported by a preponderance of
15the evidence or whether the allegations of a petition under
16Section 5-520 that a minor is delinquent are proved beyond a
17reasonable doubt.
18    (2) "Adult" means a person 21 years of age or older.
19    (3) "Agency" means a public or private child care facility
20legally authorized or licensed by this State for placement or
21institutional care or for both placement and institutional
22care.
23    (4) "Association" means any organization, public or
24private, engaged in welfare functions which include services

 

 

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1to or on behalf of children but does not include "agency" as
2herein defined.
3    (4.05) Whenever a "best interest" determination is
4required, the following factors shall be considered in the
5context of the child's age and developmental needs:
6        (a) the physical safety and welfare of the child,
7    including food, shelter, health, and clothing;
8        (b) the development of the child's identity;
9        (c) the child's background and ties, including
10    familial, cultural, and religious;
11        (d) the child's sense of attachments, including:
12            (i) where the child actually feels love,
13        attachment, and a sense of being valued (as opposed to
14        where adults believe the child should feel such love,
15        attachment, and a sense of being valued);
16            (ii) the child's sense of security;
17            (iii) the child's sense of familiarity;
18            (iv) continuity of affection for the child;
19            (v) the least disruptive placement alternative for
20        the child;
21        (e) the child's wishes and long-term goals;
22        (f) the child's community ties, including church,
23    school, and friends;
24        (g) the child's need for permanence which includes the
25    child's need for stability and continuity of relationships
26    with parent figures and with siblings and other relatives;

 

 

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1        (h) the uniqueness of every family and child;
2        (i) the risks attendant to entering and being in
3    substitute care; and
4        (j) the preferences of the persons available to care
5    for the child.
6    (4.1) "Chronic truant" shall have the definition ascribed
7to it in Section 26-2a of the School Code.
8    (5) "Court" means the circuit court in a session or
9division assigned to hear proceedings under this Act.
10    (6) "Dispositional hearing" means a hearing to determine
11whether a minor should be adjudged to be a ward of the court,
12and to determine what order of disposition should be made in
13respect to a minor adjudged to be a ward of the court.
14    (6.5) "Dissemination" or "disseminate" means to publish,
15produce, print, manufacture, distribute, sell, lease, exhibit,
16broadcast, display, transmit, or otherwise share information
17in any format so as to make the information accessible to
18others.
19    (7) "Emancipated minor" means any minor 16 years of age or
20over who has been completely or partially emancipated under
21the Emancipation of Minors Act or under this Act.
22    (7.03) "Expunge" means to physically destroy the records
23and to obliterate the minor's name from any official index,
24public record, or electronic database.
25    (7.05) "Foster parent" includes a relative caregiver
26selected by the Department of Children and Family Services to

 

 

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1provide care for the minor.
2    (8) "Guardianship of the person" of a minor means the duty
3and authority to act in the best interests of the minor,
4subject to residual parental rights and responsibilities, to
5make important decisions in matters having a permanent effect
6on the life and development of the minor and to be concerned
7with his or her general welfare. It includes but is not
8necessarily limited to:
9        (a) the authority to consent to marriage, to
10    enlistment in the armed forces of the United States, or to
11    a major medical, psychiatric, and surgical treatment; to
12    represent the minor in legal actions; and to make other
13    decisions of substantial legal significance concerning the
14    minor;
15        (b) the authority and duty of reasonable visitation,
16    except to the extent that these have been limited in the
17    best interests of the minor by court order;
18        (c) the rights and responsibilities of legal custody
19    except where legal custody has been vested in another
20    person or agency; and
21        (d) the power to consent to the adoption of the minor,
22    but only if expressly conferred on the guardian in
23    accordance with Section 2-29, 3-30, or 4-27.
24    (8.1) "Juvenile court record" includes, but is not limited
25to:
26        (a) all documents filed in or maintained by the

 

 

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1    juvenile court pertaining to a specific incident,
2    proceeding, or individual;
3        (b) all documents relating to a specific incident,
4    proceeding, or individual made available to or maintained
5    by probation officers;
6        (c) all documents, video or audio tapes, photographs,
7    and exhibits admitted into evidence at juvenile court
8    hearings; or
9        (d) all documents, transcripts, records, reports, or
10    other evidence prepared by, maintained by, or released by
11    any municipal, county, or State agency or department, in
12    any format, if indicating involvement with the juvenile
13    court relating to a specific incident, proceeding, or
14    individual.
15    (8.2) "Juvenile law enforcement record" includes records
16of arrest, station adjustments, fingerprints, probation
17adjustments, the issuance of a notice to appear, or any other
18records or documents maintained by any law enforcement agency
19relating to a minor suspected of committing an offense, and
20records maintained by a law enforcement agency that identifies
21a juvenile as a suspect in committing an offense, but does not
22include records identifying a juvenile as a victim, witness,
23or missing juvenile and any records created, maintained, or
24used for purposes of referral to programs relating to
25diversion as defined in subsection (6) of Section 5-105.
26    (9) "Legal custody" means the relationship created by an

 

 

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1order of court in the best interests of the minor which imposes
2on the custodian the responsibility of physical possession of
3a minor and the duty to protect, train and discipline him and
4to provide him with food, shelter, education and ordinary
5medical care, except as these are limited by residual parental
6rights and responsibilities and the rights and
7responsibilities of the guardian of the person, if any.
8    (9.1) "Mentally capable adult relative" means a person 21
9years of age or older who is not suffering from a mental
10illness that prevents him or her from providing the care
11necessary to safeguard the physical safety and welfare of a
12minor who is left in that person's care by the parent or
13parents or other person responsible for the minor's welfare.
14    (10) "Minor" means a person under the age of 21 years
15subject to this Act.
16    (11) "Parent" means a father or mother of a child and
17includes any adoptive parent. It also includes a person (i)
18whose parentage is presumed or has been established under the
19law of this or another jurisdiction or (ii) who has registered
20with the Putative Father Registry in accordance with Section
2112.1 of the Adoption Act and whose paternity has not been ruled
22out under the law of this or another jurisdiction. It does not
23include a parent whose rights in respect to the minor have been
24terminated in any manner provided by law. It does not include a
25person who has been or could be determined to be a parent under
26the Illinois Parentage Act of 1984 or the Illinois Parentage

 

 

HB3655- 1735 -LRB102 16922 WGH 22334 b

1Act of 2015, or similar parentage law in any other state, if
2that person has been convicted of or pled nolo contendere to a
3crime that resulted in the conception of the child under
4Section 11-1.20, 11-1.30, 11-1.40, 11-11, 12-13, 12-14,
512-14.1, subsection (a) or (b) (but not subsection (c)) of
6Section 11-1.50 or 12-15, or subsection (a), (b), (c), (e), or
7(f) (but not subsection (d)) of Section 11-1.60 or 12-16 of the
8Criminal Code of 1961 or the Criminal Code of 2012, or similar
9statute in another jurisdiction unless upon motion of any
10party, other than the offender, to the juvenile court
11proceedings the court finds it is in the child's best interest
12to deem the offender a parent for purposes of the juvenile
13court proceedings.
14    (11.1) "Permanency goal" means a goal set by the court as
15defined in subdivision (2) of Section 2-28.
16    (11.2) "Permanency hearing" means a hearing to set the
17permanency goal and to review and determine (i) the
18appropriateness of the services contained in the plan and
19whether those services have been provided, (ii) whether
20reasonable efforts have been made by all the parties to the
21service plan to achieve the goal, and (iii) whether the plan
22and goal have been achieved.
23    (12) "Petition" means the petition provided for in Section
242-13, 3-15, 4-12 or 5-520, including any supplemental
25petitions thereunder in Section 3-15, 4-12 or 5-520.
26    (12.1) "Physically capable adult relative" means a person

 

 

HB3655- 1736 -LRB102 16922 WGH 22334 b

121 years of age or older who does not have a severe physical
2disability or medical condition, or is not suffering from
3alcoholism or drug addiction, that prevents him or her from
4providing the care necessary to safeguard the physical safety
5and welfare of a minor who is left in that person's care by the
6parent or parents or other person responsible for the minor's
7welfare.
8    (12.2) "Post Permanency Sibling Contact Agreement" has the
9meaning ascribed to the term in Section 7.4 of the Children and
10Family Services Act.
11    (12.3) "Residential treatment center" means a licensed
12setting that provides 24-hour care to children in a group home
13or institution, including a facility licensed as a child care
14institution under Section 2.06 of the Child Care Act of 1969, a
15licensed group home under Section 2.16 of the Child Care Act of
161969, a secure child care facility as defined in paragraph
17(18) of this Section, or any similar facility in another
18state. "Residential treatment center" does not include a
19relative foster home or a licensed foster family home.
20    (13) "Residual parental rights and responsibilities" means
21those rights and responsibilities remaining with the parent
22after the transfer of legal custody or guardianship of the
23person, including, but not necessarily limited to, the right
24to reasonable visitation (which may be limited by the court in
25the best interests of the minor as provided in subsection
26(8)(b) of this Section), the right to consent to adoption, the

 

 

HB3655- 1737 -LRB102 16922 WGH 22334 b

1right to determine the minor's religious affiliation, and the
2responsibility for his support.
3    (14) "Shelter" means the temporary care of a minor in
4physically unrestricting facilities pending court disposition
5or execution of court order for placement.
6    (14.05) "Shelter placement" means a temporary or emergency
7placement for a minor, including an emergency foster home
8placement.
9    (14.1) "Sibling Contact Support Plan" has the meaning
10ascribed to the term in Section 7.4 of the Children and Family
11Services Act.
12    (14.2) "Significant event report" means a written document
13describing an occurrence or event beyond the customary
14operations, routines, or relationships in the Department of
15Children of Family Services, a child care facility, or other
16entity that is licensed or regulated by the Department of
17Children of Family Services or that provides services for the
18Department of Children of Family Services under a grant,
19contract, or purchase of service agreement; involving children
20or youth, employees, foster parents, or relative caregivers;
21allegations of abuse or neglect or any other incident raising
22a concern about the well-being of a minor under the
23jurisdiction of the court under Article II of the Juvenile
24Court Act; incidents involving damage to property, allegations
25of criminal activity, misconduct, or other occurrences
26affecting the operations of the Department of Children of

 

 

HB3655- 1738 -LRB102 16922 WGH 22334 b

1Family Services or a child care facility; any incident that
2could have media impact; and unusual incidents as defined by
3Department of Children and Family Services rule.
4    (15) "Station adjustment" means the informal handling of
5an alleged offender by a juvenile police officer.
6    (16) "Ward of the court" means a minor who is so adjudged
7under Section 2-22, 3-23, 4-20 or 5-705, after a finding of the
8requisite jurisdictional facts, and thus is subject to the
9dispositional powers of the court under this Act.
10    (17) "Juvenile police officer" means a sworn police
11officer who has completed a Basic Recruit Training Course, has
12been assigned to the position of juvenile police officer by
13his or her chief law enforcement officer and has completed the
14necessary juvenile officers training as prescribed by the
15Illinois Law Enforcement Training Standards Board, or in the
16case of a State police officer, juvenile officer training
17approved by the Director of the Illinois Department of State
18Police.
19    (18) "Secure child care facility" means any child care
20facility licensed by the Department of Children and Family
21Services to provide secure living arrangements for children
22under 18 years of age who are subject to placement in
23facilities under the Children and Family Services Act and who
24are not subject to placement in facilities for whom standards
25are established by the Department of Corrections under Section
263-15-2 of the Unified Code of Corrections. "Secure child care

 

 

HB3655- 1739 -LRB102 16922 WGH 22334 b

1facility" also means a facility that is designed and operated
2to ensure that all entrances and exits from the facility, a
3building, or a distinct part of the building are under the
4exclusive control of the staff of the facility, whether or not
5the child has the freedom of movement within the perimeter of
6the facility, building, or distinct part of the building.
7(Source: P.A. 99-85, eff. 1-1-16; 100-136, eff. 8-8-17;
8100-229, eff. 1-1-18; 100-689, eff. 1-1-19; 100-863, eff.
98-14-18; 100-1162, eff. 12-20-18.)
 
10    (705 ILCS 405/1-7)  (from Ch. 37, par. 801-7)
11    Sec. 1-7. Confidentiality of juvenile law enforcement and
12municipal ordinance violation records.
13    (A) All juvenile law enforcement records which have not
14been expunged are confidential and may never be disclosed to
15the general public or otherwise made widely available.
16Juvenile law enforcement records may be obtained only under
17this Section and Section 1-8 and Part 9 of Article V of this
18Act, when their use is needed for good cause and with an order
19from the juvenile court, as required by those not authorized
20to retain them. Inspection, copying, and disclosure of
21juvenile law enforcement records maintained by law enforcement
22agencies or records of municipal ordinance violations
23maintained by any State, local, or municipal agency that
24relate to a minor who has been investigated, arrested, or
25taken into custody before his or her 18th birthday shall be

 

 

HB3655- 1740 -LRB102 16922 WGH 22334 b

1restricted to the following:
2        (0.05) The minor who is the subject of the juvenile
3    law enforcement record, his or her parents, guardian, and
4    counsel.
5        (0.10) Judges of the circuit court and members of the
6    staff of the court designated by the judge.
7        (0.15) An administrative adjudication hearing officer
8    or members of the staff designated to assist in the
9    administrative adjudication process.
10        (1) Any local, State, or federal law enforcement
11    officers or designated law enforcement staff of any
12    jurisdiction or agency when necessary for the discharge of
13    their official duties during the investigation or
14    prosecution of a crime or relating to a minor who has been
15    adjudicated delinquent and there has been a previous
16    finding that the act which constitutes the previous
17    offense was committed in furtherance of criminal
18    activities by a criminal street gang, or, when necessary
19    for the discharge of its official duties in connection
20    with a particular investigation of the conduct of a law
21    enforcement officer, an independent agency or its staff
22    created by ordinance and charged by a unit of local
23    government with the duty of investigating the conduct of
24    law enforcement officers. For purposes of this Section,
25    "criminal street gang" has the meaning ascribed to it in
26    Section 10 of the Illinois Streetgang Terrorism Omnibus

 

 

HB3655- 1741 -LRB102 16922 WGH 22334 b

1    Prevention Act.
2        (2) Prosecutors, public defenders, probation officers,
3    social workers, or other individuals assigned by the court
4    to conduct a pre-adjudication or pre-disposition
5    investigation, and individuals responsible for supervising
6    or providing temporary or permanent care and custody for
7    minors under the order of the juvenile court, when
8    essential to performing their responsibilities.
9        (3) Federal, State, or local prosecutors, public
10    defenders, probation officers, and designated staff:
11            (a) in the course of a trial when institution of
12        criminal proceedings has been permitted or required
13        under Section 5-805;
14            (b) when institution of criminal proceedings has
15        been permitted or required under Section 5-805 and the
16        minor is the subject of a proceeding to determine the
17        amount of bail;
18            (c) when criminal proceedings have been permitted
19        or required under Section 5-805 and the minor is the
20        subject of a pre-trial investigation, pre-sentence
21        investigation, fitness hearing, or proceedings on an
22        application for probation; or
23            (d) in the course of prosecution or administrative
24        adjudication of a violation of a traffic, boating, or
25        fish and game law, or a county or municipal ordinance.
26        (4) Adult and Juvenile Prisoner Review Board.

 

 

HB3655- 1742 -LRB102 16922 WGH 22334 b

1        (5) Authorized military personnel.
2        (5.5) Employees of the federal government authorized
3    by law.
4        (6) Persons engaged in bona fide research, with the
5    permission of the Presiding Judge and the chief executive
6    of the respective law enforcement agency; provided that
7    publication of such research results in no disclosure of a
8    minor's identity and protects the confidentiality of the
9    minor's record.
10        (7) Department of Children and Family Services child
11    protection investigators acting in their official
12    capacity.
13        (8) The appropriate school official only if the agency
14    or officer believes that there is an imminent threat of
15    physical harm to students, school personnel, or others who
16    are present in the school or on school grounds.
17            (A) Inspection and copying shall be limited to
18        juvenile law enforcement records transmitted to the
19        appropriate school official or officials whom the
20        school has determined to have a legitimate educational
21        or safety interest by a local law enforcement agency
22        under a reciprocal reporting system established and
23        maintained between the school district and the local
24        law enforcement agency under Section 10-20.14 of the
25        School Code concerning a minor enrolled in a school
26        within the school district who has been arrested or

 

 

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1        taken into custody for any of the following offenses:
2                (i) any violation of Article 24 of the
3            Criminal Code of 1961 or the Criminal Code of
4            2012;
5                (ii) a violation of the Illinois Controlled
6            Substances Act;
7                (iii) a violation of the Cannabis Control Act;
8                (iv) a forcible felony as defined in Section
9            2-8 of the Criminal Code of 1961 or the Criminal
10            Code of 2012;
11                (v) a violation of the Methamphetamine Control
12            and Community Protection Act;
13                (vi) a violation of Section 1-2 of the
14            Harassing and Obscene Communications Act;
15                (vii) a violation of the Hazing Act; or
16                (viii) a violation of Section 12-1, 12-2,
17            12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
18            12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
19            Criminal Code of 1961 or the Criminal Code of
20            2012.
21            The information derived from the juvenile law
22        enforcement records shall be kept separate from and
23        shall not become a part of the official school record
24        of that child and shall not be a public record. The
25        information shall be used solely by the appropriate
26        school official or officials whom the school has

 

 

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1        determined to have a legitimate educational or safety
2        interest to aid in the proper rehabilitation of the
3        child and to protect the safety of students and
4        employees in the school. If the designated law
5        enforcement and school officials deem it to be in the
6        best interest of the minor, the student may be
7        referred to in-school or community-based social
8        services if those services are available.
9        "Rehabilitation services" may include interventions by
10        school support personnel, evaluation for eligibility
11        for special education, referrals to community-based
12        agencies such as youth services, behavioral healthcare
13        service providers, drug and alcohol prevention or
14        treatment programs, and other interventions as deemed
15        appropriate for the student.
16            (B) Any information provided to appropriate school
17        officials whom the school has determined to have a
18        legitimate educational or safety interest by local law
19        enforcement officials about a minor who is the subject
20        of a current police investigation that is directly
21        related to school safety shall consist of oral
22        information only, and not written juvenile law
23        enforcement records, and shall be used solely by the
24        appropriate school official or officials to protect
25        the safety of students and employees in the school and
26        aid in the proper rehabilitation of the child. The

 

 

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1        information derived orally from the local law
2        enforcement officials shall be kept separate from and
3        shall not become a part of the official school record
4        of the child and shall not be a public record. This
5        limitation on the use of information about a minor who
6        is the subject of a current police investigation shall
7        in no way limit the use of this information by
8        prosecutors in pursuing criminal charges arising out
9        of the information disclosed during a police
10        investigation of the minor. For purposes of this
11        paragraph, "investigation" means an official
12        systematic inquiry by a law enforcement agency into
13        actual or suspected criminal activity.
14        (9) Mental health professionals on behalf of the
15    Department of Corrections or the Department of Human
16    Services or prosecutors who are evaluating, prosecuting,
17    or investigating a potential or actual petition brought
18    under the Sexually Violent Persons Commitment Act relating
19    to a person who is the subject of juvenile law enforcement
20    records or the respondent to a petition brought under the
21    Sexually Violent Persons Commitment Act who is the subject
22    of the juvenile law enforcement records sought. Any
23    juvenile law enforcement records and any information
24    obtained from those juvenile law enforcement records under
25    this paragraph (9) may be used only in sexually violent
26    persons commitment proceedings.

 

 

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1        (10) The president of a park district. Inspection and
2    copying shall be limited to juvenile law enforcement
3    records transmitted to the president of the park district
4    by the Illinois Department of State Police under Section
5    8-23 of the Park District Code or Section 16a-5 of the
6    Chicago Park District Act concerning a person who is
7    seeking employment with that park district and who has
8    been adjudicated a juvenile delinquent for any of the
9    offenses listed in subsection (c) of Section 8-23 of the
10    Park District Code or subsection (c) of Section 16a-5 of
11    the Chicago Park District Act.
12        (11) Persons managing and designated to participate in
13    a court diversion program as designated in subsection (6)
14    of Section 5-105.
15        (12) The Public Access Counselor of the Office of the
16    Attorney General, when reviewing juvenile law enforcement
17    records under its powers and duties under the Freedom of
18    Information Act.
19        (13) Collection agencies, contracted or otherwise
20    engaged by a governmental entity, to collect any debts due
21    and owing to the governmental entity.
22    (B)(1) Except as provided in paragraph (2), no law
23enforcement officer or other person or agency may knowingly
24transmit to the Department of Corrections, the Illinois
25Department of State Police, or to the Federal Bureau of
26Investigation any fingerprint or photograph relating to a

 

 

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1minor who has been arrested or taken into custody before his or
2her 18th birthday, unless the court in proceedings under this
3Act authorizes the transmission or enters an order under
4Section 5-805 permitting or requiring the institution of
5criminal proceedings.
6    (2) Law enforcement officers or other persons or agencies
7shall transmit to the Illinois Department of State Police
8copies of fingerprints and descriptions of all minors who have
9been arrested or taken into custody before their 18th birthday
10for the offense of unlawful use of weapons under Article 24 of
11the Criminal Code of 1961 or the Criminal Code of 2012, a Class
12X or Class 1 felony, a forcible felony as defined in Section
132-8 of the Criminal Code of 1961 or the Criminal Code of 2012,
14or a Class 2 or greater felony under the Cannabis Control Act,
15the Illinois Controlled Substances Act, the Methamphetamine
16Control and Community Protection Act, or Chapter 4 of the
17Illinois Vehicle Code, pursuant to Section 5 of the Criminal
18Identification Act. Information reported to the Department
19pursuant to this Section may be maintained with records that
20the Department files pursuant to Section 2.1 of the Criminal
21Identification Act. Nothing in this Act prohibits a law
22enforcement agency from fingerprinting a minor taken into
23custody or arrested before his or her 18th birthday for an
24offense other than those listed in this paragraph (2).
25    (C) The records of law enforcement officers, or of an
26independent agency created by ordinance and charged by a unit

 

 

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1of local government with the duty of investigating the conduct
2of law enforcement officers, concerning all minors under 18
3years of age must be maintained separate from the records of
4arrests and may not be open to public inspection or their
5contents disclosed to the public. For purposes of obtaining
6documents under this Section, a civil subpoena is not an order
7of the court.
8        (1) In cases where the law enforcement, or independent
9    agency, records concern a pending juvenile court case, the
10    party seeking to inspect the records shall provide actual
11    notice to the attorney or guardian ad litem of the minor
12    whose records are sought.
13        (2) In cases where the records concern a juvenile
14    court case that is no longer pending, the party seeking to
15    inspect the records shall provide actual notice to the
16    minor or the minor's parent or legal guardian, and the
17    matter shall be referred to the chief judge presiding over
18    matters pursuant to this Act.
19        (3) In determining whether the records should be
20    available for inspection, the court shall consider the
21    minor's interest in confidentiality and rehabilitation
22    over the moving party's interest in obtaining the
23    information. Any records obtained in violation of this
24    subsection (C) shall not be admissible in any criminal or
25    civil proceeding, or operate to disqualify a minor from
26    subsequently holding public office or securing employment,

 

 

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1    or operate as a forfeiture of any public benefit, right,
2    privilege, or right to receive any license granted by
3    public authority.
4    (D) Nothing contained in subsection (C) of this Section
5shall prohibit the inspection or disclosure to victims and
6witnesses of photographs contained in the records of law
7enforcement agencies when the inspection and disclosure is
8conducted in the presence of a law enforcement officer for the
9purpose of the identification or apprehension of any person
10subject to the provisions of this Act or for the investigation
11or prosecution of any crime.
12    (E) Law enforcement officers, and personnel of an
13independent agency created by ordinance and charged by a unit
14of local government with the duty of investigating the conduct
15of law enforcement officers, may not disclose the identity of
16any minor in releasing information to the general public as to
17the arrest, investigation or disposition of any case involving
18a minor.
19    (F) Nothing contained in this Section shall prohibit law
20enforcement agencies from communicating with each other by
21letter, memorandum, teletype, or intelligence alert bulletin
22or other means the identity or other relevant information
23pertaining to a person under 18 years of age if there are
24reasonable grounds to believe that the person poses a real and
25present danger to the safety of the public or law enforcement
26officers. The information provided under this subsection (F)

 

 

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1shall remain confidential and shall not be publicly disclosed,
2except as otherwise allowed by law.
3    (G) Nothing in this Section shall prohibit the right of a
4Civil Service Commission or appointing authority of any
5federal government, state, county or municipality examining
6the character and fitness of an applicant for employment with
7a law enforcement agency, correctional institution, or fire
8department from obtaining and examining the records of any law
9enforcement agency relating to any record of the applicant
10having been arrested or taken into custody before the
11applicant's 18th birthday.
12    (G-5) Information identifying victims and alleged victims
13of sex offenses shall not be disclosed or open to the public
14under any circumstances. Nothing in this Section shall
15prohibit the victim or alleged victim of any sex offense from
16voluntarily disclosing his or her own identity.
17    (H) The changes made to this Section by Public Act 98-61
18apply to law enforcement records of a minor who has been
19arrested or taken into custody on or after January 1, 2014 (the
20effective date of Public Act 98-61).
21    (H-5) Nothing in this Section shall require any court or
22adjudicative proceeding for traffic, boating, fish and game
23law, or municipal and county ordinance violations to be closed
24to the public.
25    (I) Willful violation of this Section is a Class C
26misdemeanor and each violation is subject to a fine of $1,000.

 

 

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1This subsection (I) shall not apply to the person who is the
2subject of the record.
3    (J) A person convicted of violating this Section is liable
4for damages in the amount of $1,000 or actual damages,
5whichever is greater.
6(Source: P.A. 99-298, eff. 8-6-15; 100-285, eff. 1-1-18;
7100-720, eff. 8-3-18; 100-863, eff. 8-14-18; 100-1162, eff.
812-20-18.)
 
9    (705 ILCS 405/1-8)  (from Ch. 37, par. 801-8)
10    Sec. 1-8. Confidentiality and accessibility of juvenile
11court records.
12    (A) A juvenile adjudication shall never be considered a
13conviction nor shall an adjudicated individual be considered a
14criminal. Unless expressly allowed by law, a juvenile
15adjudication shall not operate to impose upon the individual
16any of the civil disabilities ordinarily imposed by or
17resulting from conviction. Unless expressly allowed by law,
18adjudications shall not prejudice or disqualify the individual
19in any civil service application or appointment, from holding
20public office, or from receiving any license granted by public
21authority. All juvenile court records which have not been
22expunged are sealed and may never be disclosed to the general
23public or otherwise made widely available. Sealed juvenile
24court records may be obtained only under this Section and
25Section 1-7 and Part 9 of Article V of this Act, when their use

 

 

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1is needed for good cause and with an order from the juvenile
2court. Inspection and copying of juvenile court records
3relating to a minor who is the subject of a proceeding under
4this Act shall be restricted to the following:
5        (1) The minor who is the subject of record, his or her
6    parents, guardian, and counsel.
7        (2) Law enforcement officers and law enforcement
8    agencies when such information is essential to executing
9    an arrest or search warrant or other compulsory process,
10    or to conducting an ongoing investigation or relating to a
11    minor who has been adjudicated delinquent and there has
12    been a previous finding that the act which constitutes the
13    previous offense was committed in furtherance of criminal
14    activities by a criminal street gang.
15        Before July 1, 1994, for the purposes of this Section,
16    "criminal street gang" means any ongoing organization,
17    association, or group of 3 or more persons, whether formal
18    or informal, having as one of its primary activities the
19    commission of one or more criminal acts and that has a
20    common name or common identifying sign, symbol or specific
21    color apparel displayed, and whose members individually or
22    collectively engage in or have engaged in a pattern of
23    criminal activity.
24        Beginning July 1, 1994, for purposes of this Section,
25    "criminal street gang" has the meaning ascribed to it in
26    Section 10 of the Illinois Streetgang Terrorism Omnibus

 

 

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1    Prevention Act.
2        (3) Judges, hearing officers, prosecutors, public
3    defenders, probation officers, social workers, or other
4    individuals assigned by the court to conduct a
5    pre-adjudication or pre-disposition investigation, and
6    individuals responsible for supervising or providing
7    temporary or permanent care and custody for minors under
8    the order of the juvenile court when essential to
9    performing their responsibilities.
10        (4) Judges, federal, State, and local prosecutors,
11    public defenders, probation officers, and designated
12    staff:
13            (a) in the course of a trial when institution of
14        criminal proceedings has been permitted or required
15        under Section 5-805;
16            (b) when criminal proceedings have been permitted
17        or required under Section 5-805 and a minor is the
18        subject of a proceeding to determine the amount of
19        bail;
20            (c) when criminal proceedings have been permitted
21        or required under Section 5-805 and a minor is the
22        subject of a pre-trial investigation, pre-sentence
23        investigation or fitness hearing, or proceedings on an
24        application for probation; or
25            (d) when a minor becomes 18 years of age or older,
26        and is the subject of criminal proceedings, including

 

 

HB3655- 1754 -LRB102 16922 WGH 22334 b

1        a hearing to determine the amount of bail, a pre-trial
2        investigation, a pre-sentence investigation, a fitness
3        hearing, or proceedings on an application for
4        probation.
5        (5) Adult and Juvenile Prisoner Review Boards.
6        (6) Authorized military personnel.
7        (6.5) Employees of the federal government authorized
8    by law.
9        (7) Victims, their subrogees and legal
10    representatives; however, such persons shall have access
11    only to the name and address of the minor and information
12    pertaining to the disposition or alternative adjustment
13    plan of the juvenile court.
14        (8) Persons engaged in bona fide research, with the
15    permission of the presiding judge of the juvenile court
16    and the chief executive of the agency that prepared the
17    particular records; provided that publication of such
18    research results in no disclosure of a minor's identity
19    and protects the confidentiality of the record.
20        (9) The Secretary of State to whom the Clerk of the
21    Court shall report the disposition of all cases, as
22    required in Section 6-204 of the Illinois Vehicle Code.
23    However, information reported relative to these offenses
24    shall be privileged and available only to the Secretary of
25    State, courts, and police officers.
26        (10) The administrator of a bonafide substance abuse

 

 

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1    student assistance program with the permission of the
2    presiding judge of the juvenile court.
3        (11) Mental health professionals on behalf of the
4    Department of Corrections or the Department of Human
5    Services or prosecutors who are evaluating, prosecuting,
6    or investigating a potential or actual petition brought
7    under the Sexually Violent Persons Commitment Act relating
8    to a person who is the subject of juvenile court records or
9    the respondent to a petition brought under the Sexually
10    Violent Persons Commitment Act, who is the subject of
11    juvenile court records sought. Any records and any
12    information obtained from those records under this
13    paragraph (11) may be used only in sexually violent
14    persons commitment proceedings.
15        (12) Collection agencies, contracted or otherwise
16    engaged by a governmental entity, to collect any debts due
17    and owing to the governmental entity.
18    (A-1) Findings and exclusions of paternity entered in
19proceedings occurring under Article II of this Act shall be
20disclosed, in a manner and form approved by the Presiding
21Judge of the Juvenile Court, to the Department of Healthcare
22and Family Services when necessary to discharge the duties of
23the Department of Healthcare and Family Services under Article
24X of the Illinois Public Aid Code.
25    (B) A minor who is the victim in a juvenile proceeding
26shall be provided the same confidentiality regarding

 

 

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1disclosure of identity as the minor who is the subject of
2record.
3    (C)(0.1) In cases where the records concern a pending
4juvenile court case, the requesting party seeking to inspect
5the juvenile court records shall provide actual notice to the
6attorney or guardian ad litem of the minor whose records are
7sought.
8    (0.2) In cases where the juvenile court records concern a
9juvenile court case that is no longer pending, the requesting
10party seeking to inspect the juvenile court records shall
11provide actual notice to the minor or the minor's parent or
12legal guardian, and the matter shall be referred to the chief
13judge presiding over matters pursuant to this Act.
14    (0.3) In determining whether juvenile court records should
15be made available for inspection and whether inspection should
16be limited to certain parts of the file, the court shall
17consider the minor's interest in confidentiality and
18rehabilitation over the requesting party's interest in
19obtaining the information. The State's Attorney, the minor,
20and the minor's parents, guardian, and counsel shall at all
21times have the right to examine court files and records.
22    (0.4) Any records obtained in violation of this Section
23shall not be admissible in any criminal or civil proceeding,
24or operate to disqualify a minor from subsequently holding
25public office, or operate as a forfeiture of any public
26benefit, right, privilege, or right to receive any license

 

 

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1granted by public authority.
2    (D) Pending or following any adjudication of delinquency
3for any offense defined in Sections 11-1.20 through 11-1.60 or
412-13 through 12-16 of the Criminal Code of 1961 or the
5Criminal Code of 2012, the victim of any such offense shall
6receive the rights set out in Sections 4 and 6 of the Bill of
7Rights for Victims and Witnesses of Violent Crime Act; and the
8juvenile who is the subject of the adjudication,
9notwithstanding any other provision of this Act, shall be
10treated as an adult for the purpose of affording such rights to
11the victim.
12    (E) Nothing in this Section shall affect the right of a
13Civil Service Commission or appointing authority of the
14federal government, or any state, county, or municipality
15examining the character and fitness of an applicant for
16employment with a law enforcement agency, correctional
17institution, or fire department to ascertain whether that
18applicant was ever adjudicated to be a delinquent minor and,
19if so, to examine the records of disposition or evidence which
20were made in proceedings under this Act.
21    (F) Following any adjudication of delinquency for a crime
22which would be a felony if committed by an adult, or following
23any adjudication of delinquency for a violation of Section
2424-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
25Criminal Code of 2012, the State's Attorney shall ascertain
26whether the minor respondent is enrolled in school and, if so,

 

 

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1shall provide a copy of the dispositional order to the
2principal or chief administrative officer of the school.
3Access to the dispositional order shall be limited to the
4principal or chief administrative officer of the school and
5any guidance counselor designated by him or her.
6    (G) Nothing contained in this Act prevents the sharing or
7disclosure of information or records relating or pertaining to
8juveniles subject to the provisions of the Serious Habitual
9Offender Comprehensive Action Program when that information is
10used to assist in the early identification and treatment of
11habitual juvenile offenders.
12    (H) When a court hearing a proceeding under Article II of
13this Act becomes aware that an earlier proceeding under
14Article II had been heard in a different county, that court
15shall request, and the court in which the earlier proceedings
16were initiated shall transmit, an authenticated copy of the
17juvenile court record, including all documents, petitions, and
18orders filed and the minute orders, transcript of proceedings,
19and docket entries of the court.
20    (I) The Clerk of the Circuit Court shall report to the
21Illinois Department of State Police, in the form and manner
22required by the Illinois Department of State Police, the final
23disposition of each minor who has been arrested or taken into
24custody before his or her 18th birthday for those offenses
25required to be reported under Section 5 of the Criminal
26Identification Act. Information reported to the Department

 

 

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1under this Section may be maintained with records that the
2Department files under Section 2.1 of the Criminal
3Identification Act.
4    (J) The changes made to this Section by Public Act 98-61
5apply to juvenile law enforcement records of a minor who has
6been arrested or taken into custody on or after January 1, 2014
7(the effective date of Public Act 98-61).
8    (K) Willful violation of this Section is a Class C
9misdemeanor and each violation is subject to a fine of $1,000.
10This subsection (K) shall not apply to the person who is the
11subject of the record.
12    (L) A person convicted of violating this Section is liable
13for damages in the amount of $1,000 or actual damages,
14whichever is greater.
15(Source: P.A. 100-285, eff. 1-1-18; 100-720, eff. 8-3-18;
16100-1162, eff. 12-20-18.)
 
17    (705 ILCS 405/2-21)  (from Ch. 37, par. 802-21)
18    Sec. 2-21. Findings and adjudication.
19    (1) The court shall state for the record the manner in
20which the parties received service of process and shall note
21whether the return or returns of service, postal return
22receipt or receipts for notice by certified mail, or
23certificate or certificates of publication have been filed in
24the court record. The court shall enter any appropriate orders
25of default against any parent who has been properly served in

 

 

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1any manner and fails to appear.
2    No further service of process as defined in Sections 2-15
3and 2-16 is required in any subsequent proceeding for a parent
4who was properly served in any manner, except as required by
5Supreme Court Rule 11.
6    The caseworker shall testify about the diligent search
7conducted for the parent.
8    After hearing the evidence the court shall determine
9whether or not the minor is abused, neglected, or dependent.
10If it finds that the minor is not such a person, the court
11shall order the petition dismissed and the minor discharged.
12The court's determination of whether the minor is abused,
13neglected, or dependent shall be stated in writing with the
14factual basis supporting that determination.
15    If the court finds that the minor is abused, neglected, or
16dependent, the court shall then determine and put in writing
17the factual basis supporting that determination, and specify,
18to the extent possible, the acts or omissions or both of each
19parent, guardian, or legal custodian that form the basis of
20the court's findings. That finding shall appear in the order
21of the court.
22    If the court finds that the child has been abused,
23neglected or dependent, the court shall admonish the parents
24that they must cooperate with the Department of Children and
25Family Services, comply with the terms of the service plan,
26and correct the conditions that require the child to be in

 

 

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1care, or risk termination of parental rights.
2    If the court determines that a person has inflicted
3physical or sexual abuse upon a minor, the court shall report
4that determination to the Illinois Department of State Police,
5which shall include that information in its report to the
6President of the school board for a school district that
7requests a criminal history records check of that person, or
8the regional superintendent of schools who requests a check of
9that person, as required under Section 10-21.9 or 34-18.5 of
10the School Code.
11    (2) If, pursuant to subsection (1) of this Section, the
12court determines and puts in writing the factual basis
13supporting the determination that the minor is either abused
14or neglected or dependent, the court shall then set a time not
15later than 30 days after the entry of the finding for a
16dispositional hearing (unless an earlier date is required
17pursuant to Section 2-13.1) to be conducted under Section 2-22
18at which hearing the court shall determine whether it is
19consistent with the health, safety and best interests of the
20minor and the public that he be made a ward of the court. To
21assist the court in making this and other determinations at
22the dispositional hearing, the court may order that an
23investigation be conducted and a dispositional report be
24prepared concerning the minor's physical and mental history
25and condition, family situation and background, economic
26status, education, occupation, history of delinquency or

 

 

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1criminality, personal habits, and any other information that
2may be helpful to the court. The dispositional hearing may be
3continued once for a period not to exceed 30 days if the court
4finds that such continuance is necessary to complete the
5dispositional report.
6    (3) The time limits of this Section may be waived only by
7consent of all parties and approval by the court, as
8determined to be consistent with the health, safety and best
9interests of the minor.
10    (4) For all cases adjudicated prior to July 1, 1991, for
11which no dispositional hearing has been held prior to that
12date, a dispositional hearing under Section 2-22 shall be held
13within 90 days of July 1, 1991.
14    (5) The court may terminate the parental rights of a
15parent at the initial dispositional hearing if all of the
16following conditions are met:
17        (i) the original or amended petition contains a
18    request for termination of parental rights and appointment
19    of a guardian with power to consent to adoption; and
20        (ii) the court has found by a preponderance of
21    evidence, introduced or stipulated to at an adjudicatory
22    hearing, that the child comes under the jurisdiction of
23    the court as an abused, neglected, or dependent minor
24    under Section 2-18; and
25        (iii) the court finds, on the basis of clear and
26    convincing evidence admitted at the adjudicatory hearing

 

 

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1    that the parent is an unfit person under subdivision D of
2    Section 1 of the Adoption Act; and
3        (iv) the court determines in accordance with the rules
4    of evidence for dispositional proceedings, that:
5            (A) it is in the best interest of the minor and
6        public that the child be made a ward of the court;
7            (A-5) reasonable efforts under subsection (l-1) of
8        Section 5 of the Children and Family Services Act are
9        inappropriate or such efforts were made and were
10        unsuccessful; and
11            (B) termination of parental rights and appointment
12        of a guardian with power to consent to adoption is in
13        the best interest of the child pursuant to Section
14        2-29.
15(Source: P.A. 93-909, eff. 8-12-04.)
 
16    (705 ILCS 405/2-25)  (from Ch. 37, par. 802-25)
17    Sec. 2-25. Order of protection.
18    (1) The court may make an order of protection in
19assistance of or as a condition of any other order authorized
20by this Act. The order of protection shall be based on the
21health, safety and best interests of the minor and may set
22forth reasonable conditions of behavior to be observed for a
23specified period. Such an order may require a person:
24        (a) to stay away from the home or the minor;
25        (b) to permit a parent to visit the minor at stated

 

 

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1    periods;
2        (c) to abstain from offensive conduct against the
3    minor, his parent or any person to whom custody of the
4    minor is awarded;
5        (d) to give proper attention to the care of the home;
6        (e) to cooperate in good faith with an agency to which
7    custody of a minor is entrusted by the court or with an
8    agency or association to which the minor is referred by
9    the court;
10        (f) to prohibit and prevent any contact whatsoever
11    with the respondent minor by a specified individual or
12    individuals who are alleged in either a criminal or
13    juvenile proceeding to have caused injury to a respondent
14    minor or a sibling of a respondent minor;
15        (g) to refrain from acts of commission or omission
16    that tend to make the home not a proper place for the
17    minor;
18        (h) to refrain from contacting the minor and the
19    foster parents in any manner that is not specified in
20    writing in the case plan.
21    (2) The court shall enter an order of protection to
22prohibit and prevent any contact between a respondent minor or
23a sibling of a respondent minor and any person named in a
24petition seeking an order of protection who has been convicted
25of heinous battery or aggravated battery under subdivision
26(a)(2) of Section 12-3.05, aggravated battery of a child or

 

 

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1aggravated battery under subdivision (b)(1) of Section
212-3.05, criminal sexual assault, aggravated criminal sexual
3assault, predatory criminal sexual assault of a child,
4criminal sexual abuse, or aggravated criminal sexual abuse as
5described in the Criminal Code of 1961 or the Criminal Code of
62012, or has been convicted of an offense that resulted in the
7death of a child, or has violated a previous order of
8protection under this Section.
9    (3) When the court issues an order of protection against
10any person as provided by this Section, the court shall direct
11a copy of such order to the Sheriff of that county. The Sheriff
12shall furnish a copy of the order of protection to the Illinois
13Department of State Police within 24 hours of receipt, in the
14form and manner required by the Department. The Illinois
15Department of State Police shall maintain a complete record
16and index of such orders of protection and make this data
17available to all local law enforcement agencies.
18    (4) After notice and opportunity for hearing afforded to a
19person subject to an order of protection, the order may be
20modified or extended for a further specified period or both or
21may be terminated if the court finds that the health, safety,
22and best interests of the minor and the public will be served
23thereby.
24    (5) An order of protection may be sought at any time during
25the course of any proceeding conducted pursuant to this Act if
26such an order is consistent with the health, safety, and best

 

 

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1interests of the minor. Any person against whom an order of
2protection is sought may retain counsel to represent him at a
3hearing, and has rights to be present at the hearing, to be
4informed prior to the hearing in writing of the contents of the
5petition seeking a protective order and of the date, place and
6time of such hearing, and to cross examine witnesses called by
7the petitioner and to present witnesses and argument in
8opposition to the relief sought in the petition.
9    (6) Diligent efforts shall be made by the petitioner to
10serve any person or persons against whom any order of
11protection is sought with written notice of the contents of
12the petition seeking a protective order and of the date, place
13and time at which the hearing on the petition is to be held.
14When a protective order is being sought in conjunction with a
15temporary custody hearing, if the court finds that the person
16against whom the protective order is being sought has been
17notified of the hearing or that diligent efforts have been
18made to notify such person, the court may conduct a hearing. If
19a protective order is sought at any time other than in
20conjunction with a temporary custody hearing, the court may
21not conduct a hearing on the petition in the absence of the
22person against whom the order is sought unless the petitioner
23has notified such person by personal service at least 3 days
24before the hearing or has sent written notice by first class
25mail to such person's last known address at least 5 days before
26the hearing.

 

 

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1    (7) A person against whom an order of protection is being
2sought who is neither a parent, guardian, legal custodian or
3responsible relative as described in Section 1-5 is not a
4party or respondent as defined in that Section and shall not be
5entitled to the rights provided therein. Such person does not
6have a right to appointed counsel or to be present at any
7hearing other than the hearing in which the order of
8protection is being sought or a hearing directly pertaining to
9that order. Unless the court orders otherwise, such person
10does not have a right to inspect the court file.
11    (8) All protective orders entered under this Section shall
12be in writing. Unless the person against whom the order was
13obtained was present in court when the order was issued, the
14sheriff, other law enforcement official or special process
15server shall promptly serve that order upon that person and
16file proof of such service, in the manner provided for service
17of process in civil proceedings. The person against whom the
18protective order was obtained may seek a modification of the
19order by filing a written motion to modify the order within 7
20days after actual receipt by the person of a copy of the order.
21Any modification of the order granted by the court must be
22determined to be consistent with the best interests of the
23minor.
24    (9) If a petition is filed charging a violation of a
25condition contained in the protective order and if the court
26determines that this violation is of a critical service

 

 

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1necessary to the safety and welfare of the minor, the court may
2proceed to findings and an order for temporary custody.
3(Source: P.A. 96-1551, Article 1, Section 955, eff. 7-1-11;
496-1551, Article 2, Section 1030, eff. 7-1-11; 97-1109, eff.
51-1-13; 97-1150, eff. 1-25-13.)
 
6    (705 ILCS 405/3-26)  (from Ch. 37, par. 803-26)
7    Sec. 3-26. Order of protection.
8    (1) The court may make an order of protection in
9assistance of or as a condition of any other order authorized
10by this Act. The order of protection may set forth reasonable
11conditions of behavior to be observed for a specified period.
12Such an order may require a person:
13        (a) To stay away from the home or the minor;
14        (b) To permit a parent to visit the minor at stated
15    periods;
16        (c) To abstain from offensive conduct against the
17    minor, his parent or any person to whom custody of the
18    minor is awarded;
19        (d) To give proper attention to the care of the home;
20        (e) To cooperate in good faith with an agency to which
21    custody of a minor is entrusted by the court or with an
22    agency or association to which the minor is referred by
23    the court;
24        (f) To prohibit and prevent any contact whatsoever
25    with the respondent minor by a specified individual or

 

 

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1    individuals who are alleged in either a criminal or
2    juvenile proceeding to have caused injury to a respondent
3    minor or a sibling of a respondent minor;
4        (g) To refrain from acts of commission or omission
5    that tend to make the home not a proper place for the
6    minor.
7    (2) The court shall enter an order of protection to
8prohibit and prevent any contact between a respondent minor or
9a sibling of a respondent minor and any person named in a
10petition seeking an order of protection who has been convicted
11of heinous battery or aggravated battery under subdivision
12(a)(2) of Section 12-3.05, aggravated battery of a child or
13aggravated battery under subdivision (b)(1) of Section
1412-3.05, criminal sexual assault, aggravated criminal sexual
15assault, predatory criminal sexual assault of a child,
16criminal sexual abuse, or aggravated criminal sexual abuse as
17described in the Criminal Code of 1961 or the Criminal Code of
182012, or has been convicted of an offense that resulted in the
19death of a child, or has violated a previous order of
20protection under this Section.
21    (3) When the court issues an order of protection against
22any person as provided by this Section, the court shall direct
23a copy of such order to the Sheriff of that county. The Sheriff
24shall furnish a copy of the order of protection to the Illinois
25Department of State Police within 24 hours of receipt, in the
26form and manner required by the Department. The Illinois

 

 

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1Department of State Police shall maintain a complete record
2and index of such orders of protection and make this data
3available to all local law enforcement agencies.
4    (4) After notice and opportunity for hearing afforded to a
5person subject to an order of protection, the order may be
6modified or extended for a further specified period or both or
7may be terminated if the court finds that the best interests of
8the minor and the public will be served thereby.
9    (5) An order of protection may be sought at any time during
10the course of any proceeding conducted pursuant to this Act.
11Any person against whom an order of protection is sought may
12retain counsel to represent him at a hearing, and has rights to
13be present at the hearing, to be informed prior to the hearing
14in writing of the contents of the petition seeking a
15protective order and of the date, place and time of such
16hearing, and to cross examine witnesses called by the
17petitioner and to present witnesses and argument in opposition
18to the relief sought in the petition.
19    (6) Diligent efforts shall be made by the petitioner to
20serve any person or persons against whom any order of
21protection is sought with written notice of the contents of
22the petition seeking a protective order and of the date, place
23and time at which the hearing on the petition is to be held.
24When a protective order is being sought in conjunction with a
25shelter care hearing, if the court finds that the person
26against whom the protective order is being sought has been

 

 

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1notified of the hearing or that diligent efforts have been
2made to notify such person, the court may conduct a hearing. If
3a protective order is sought at any time other than in
4conjunction with a shelter care hearing, the court may not
5conduct a hearing on the petition in the absence of the person
6against whom the order is sought unless the petitioner has
7notified such person by personal service at least 3 days
8before the hearing or has sent written notice by first class
9mail to such person's last known address at least 5 days before
10the hearing.
11    (7) A person against whom an order of protection is being
12sought who is neither a parent, guardian, legal custodian or
13responsible relative as described in Section 1-5 is not a
14party or respondent as defined in that Section and shall not be
15entitled to the rights provided therein. Such person does not
16have a right to appointed counsel or to be present at any
17hearing other than the hearing in which the order of
18protection is being sought or a hearing directly pertaining to
19that order. Unless the court orders otherwise, such person
20does not have a right to inspect the court file.
21    (8) All protective orders entered under this Section shall
22be in writing. Unless the person against whom the order was
23obtained was present in court when the order was issued, the
24sheriff, other law enforcement official or special process
25server shall promptly serve that order upon that person and
26file proof of such service, in the manner provided for service

 

 

HB3655- 1772 -LRB102 16922 WGH 22334 b

1of process in civil proceedings. The person against whom the
2protective order was obtained may seek a modification of the
3order by filing a written motion to modify the order within 7
4days after actual receipt by the person of a copy of the order.
5(Source: P.A. 96-1551, Article 1, Section 995, eff. 7-1-11;
696-1551, Article 2, Section 1030, eff. 7-1-11; 97-1109, eff.
71-1-13; 97-1150, eff. 1-25-13.)
 
8    (705 ILCS 405/4-23)  (from Ch. 37, par. 804-23)
9    Sec. 4-23. Order of protection.
10    (1) The court may make an order of protection in
11assistance of or as a condition of any other order authorized
12by this Act. The order of protection may set forth reasonable
13conditions of behavior to be observed for a specified period.
14Such an order may require a person:
15        (a) To stay away from the home or the minor;
16        (b) To permit a parent to visit the minor at stated
17    periods;
18        (c) To abstain from offensive conduct against the
19    minor, his parent or any person to whom custody of the
20    minor is awarded;
21        (d) To give proper attention to the care of the home;
22        (e) To cooperate in good faith with an agency to which
23    custody of a minor is entrusted by the court or with an
24    agency or association to which the minor is referred by
25    the court;

 

 

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1        (f) To prohibit and prevent any contact whatsoever
2    with the respondent minor by a specified individual or
3    individuals who are alleged in either a criminal or
4    juvenile proceeding to have caused injury to a respondent
5    minor or a sibling of a respondent minor;
6        (g) To refrain from acts of commission or omission
7    that tend to make the home not a proper place for the
8    minor.
9    (2) The court shall enter an order of protection to
10prohibit and prevent any contact between a respondent minor or
11a sibling of a respondent minor and any person named in a
12petition seeking an order of protection who has been convicted
13of heinous battery or aggravated battery under subdivision
14(a)(2) of Section 12-3.05, aggravated battery of a child or
15aggravated battery under subdivision (b)(1) of Section
1612-3.05, criminal sexual assault, aggravated criminal sexual
17assault, predatory criminal sexual assault of a child,
18criminal sexual abuse, or aggravated criminal sexual abuse as
19described in the Criminal Code of 1961 or the Criminal Code of
202012, or has been convicted of an offense that resulted in the
21death of a child, or has violated a previous order of
22protection under this Section.
23    (3) When the court issues an order of protection against
24any person as provided by this Section, the court shall direct
25a copy of such order to the Sheriff of that county. The Sheriff
26shall furnish a copy of the order of protection to the Illinois

 

 

HB3655- 1774 -LRB102 16922 WGH 22334 b

1Department of State Police within 24 hours of receipt, in the
2form and manner required by the Department. The Illinois
3Department of State Police shall maintain a complete record
4and index of such orders of protection and make this data
5available to all local law enforcement agencies.
6    (4) After notice and opportunity for hearing afforded to a
7person subject to an order of protection, the order may be
8modified or extended for a further specified period or both or
9may be terminated if the court finds that the best interests of
10the minor and the public will be served thereby.
11    (5) An order of protection may be sought at any time during
12the course of any proceeding conducted pursuant to this Act.
13Any person against whom an order of protection is sought may
14retain counsel to represent him at a hearing, and has rights to
15be present at the hearing, to be informed prior to the hearing
16in writing of the contents of the petition seeking a
17protective order and of the date, place and time of such
18hearing, and to cross examine witnesses called by the
19petitioner and to present witnesses and argument in opposition
20to the relief sought in the petition.
21    (6) Diligent efforts shall be made by the petitioner to
22serve any person or persons against whom any order of
23protection is sought with written notice of the contents of
24the petition seeking a protective order and of the date, place
25and time at which the hearing on the petition is to be held.
26When a protective order is being sought in conjunction with a

 

 

HB3655- 1775 -LRB102 16922 WGH 22334 b

1shelter care hearing, if the court finds that the person
2against whom the protective order is being sought has been
3notified of the hearing or that diligent efforts have been
4made to notify such person, the court may conduct a hearing. If
5a protective order is sought at any time other than in
6conjunction with a shelter care hearing, the court may not
7conduct a hearing on the petition in the absence of the person
8against whom the order is sought unless the petitioner has
9notified such person by personal service at least 3 days
10before the hearing or has sent written notice by first class
11mail to such person's last known address at least 5 days before
12the hearing.
13    (7) A person against whom an order of protection is being
14sought who is neither a parent, guardian, legal custodian or
15responsible relative as described in Section 1-5 is not a
16party or respondent as defined in that Section and shall not be
17entitled to the rights provided therein. Such person does not
18have a right to appointed counsel or to be present at any
19hearing other than the hearing in which the order of
20protection is being sought or a hearing directly pertaining to
21that order. Unless the court orders otherwise, such person
22does not have a right to inspect the court file.
23    (8) All protective orders entered under this Section shall
24be in writing. Unless the person against whom the order was
25obtained was present in court when the order was issued, the
26sheriff, other law enforcement official or special process

 

 

HB3655- 1776 -LRB102 16922 WGH 22334 b

1server shall promptly serve that order upon that person and
2file proof of such service, in the manner provided for service
3of process in civil proceedings. The person against whom the
4protective order was obtained may seek a modification of the
5order by filing a written motion to modify the order within 7
6days after actual receipt by the person of a copy of the order.
7(Source: P.A. 96-1551, Article 1, Section 955, eff. 7-1-11;
896-1551, Article 2, Section 1030, eff. 7-1-11; 97-1109, eff.
91-1-13; 97-1150, eff. 1-25-13.)
 
10    (705 ILCS 405/5-105)
11    Sec. 5-105. Definitions. As used in this Article:
12        (1) "Aftercare release" means the conditional and
13    revocable release of an adjudicated delinquent juvenile
14    committed to the Department of Juvenile Justice under the
15    supervision of the Department of Juvenile Justice.
16        (1.5) "Court" means the circuit court in a session or
17    division assigned to hear proceedings under this Act, and
18    includes the term Juvenile Court.
19        (2) "Community service" means uncompensated labor for
20    a community service agency as hereinafter defined.
21        (2.5) "Community service agency" means a
22    not-for-profit organization, community organization,
23    church, charitable organization, individual, public
24    office, or other public body whose purpose is to enhance
25    the physical or mental health of a delinquent minor or to

 

 

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1    rehabilitate the minor, or to improve the environmental
2    quality or social welfare of the community which agrees to
3    accept community service from juvenile delinquents and to
4    report on the progress of the community service to the
5    State's Attorney pursuant to an agreement or to the court
6    or to any agency designated by the court or to the
7    authorized diversion program that has referred the
8    delinquent minor for community service.
9        (3) "Delinquent minor" means any minor who prior to
10    his or her 18th birthday has violated or attempted to
11    violate, regardless of where the act occurred, any
12    federal, State, county or municipal law or ordinance.
13        (4) "Department" means the Department of Human
14    Services unless specifically referenced as another
15    department.
16        (5) "Detention" means the temporary care of a minor
17    who is alleged to be or has been adjudicated delinquent
18    and who requires secure custody for the minor's own
19    protection or the community's protection in a facility
20    designed to physically restrict the minor's movements,
21    pending disposition by the court or execution of an order
22    of the court for placement or commitment. Design features
23    that physically restrict movement include, but are not
24    limited to, locked rooms and the secure handcuffing of a
25    minor to a rail or other stationary object. In addition,
26    "detention" includes the court ordered care of an alleged

 

 

HB3655- 1778 -LRB102 16922 WGH 22334 b

1    or adjudicated delinquent minor who requires secure
2    custody pursuant to Section 5-125 of this Act.
3        (6) "Diversion" means the referral of a juvenile,
4    without court intervention, into a program that provides
5    services designed to educate the juvenile and develop a
6    productive and responsible approach to living in the
7    community.
8        (7) "Juvenile detention home" means a public facility
9    with specially trained staff that conforms to the county
10    juvenile detention standards adopted by the Department of
11    Juvenile Justice.
12        (8) "Juvenile justice continuum" means a set of
13    delinquency prevention programs and services designed for
14    the purpose of preventing or reducing delinquent acts,
15    including criminal activity by youth gangs, as well as
16    intervention, rehabilitation, and prevention services
17    targeted at minors who have committed delinquent acts, and
18    minors who have previously been committed to residential
19    treatment programs for delinquents. The term includes
20    children-in-need-of-services and
21    families-in-need-of-services programs; aftercare and
22    reentry services; substance abuse and mental health
23    programs; community service programs; community service
24    work programs; and alternative-dispute resolution programs
25    serving youth-at-risk of delinquency and their families,
26    whether offered or delivered by State or local

 

 

HB3655- 1779 -LRB102 16922 WGH 22334 b

1    governmental entities, public or private for-profit or
2    not-for-profit organizations, or religious or charitable
3    organizations. This term would also encompass any program
4    or service consistent with the purpose of those programs
5    and services enumerated in this subsection.
6        (9) "Juvenile police officer" means a sworn police
7    officer who has completed a Basic Recruit Training Course,
8    has been assigned to the position of juvenile police
9    officer by his or her chief law enforcement officer and
10    has completed the necessary juvenile officers training as
11    prescribed by the Illinois Law Enforcement Training
12    Standards Board, or in the case of a State police officer,
13    juvenile officer training approved by the Director of the
14    Illinois State Police.
15        (10) "Minor" means a person under the age of 21 years
16    subject to this Act.
17        (11) "Non-secure custody" means confinement where the
18    minor is not physically restricted by being placed in a
19    locked cell or room, by being handcuffed to a rail or other
20    stationary object, or by other means. Non-secure custody
21    may include, but is not limited to, electronic monitoring,
22    foster home placement, home confinement, group home
23    placement, or physical restriction of movement or activity
24    solely through facility staff.
25        (12) "Public or community service" means uncompensated
26    labor for a not-for-profit organization or public body

 

 

HB3655- 1780 -LRB102 16922 WGH 22334 b

1    whose purpose is to enhance physical or mental stability
2    of the offender, environmental quality or the social
3    welfare and which agrees to accept public or community
4    service from offenders and to report on the progress of
5    the offender and the public or community service to the
6    court or to the authorized diversion program that has
7    referred the offender for public or community service.
8    "Public or community service" does not include blood
9    donation or assignment to labor at a blood bank. For the
10    purposes of this Act, "blood bank" has the meaning
11    ascribed to the term in Section 2-124 of the Illinois
12    Clinical Laboratory and Blood Bank Act.
13        (13) "Sentencing hearing" means a hearing to determine
14    whether a minor should be adjudged a ward of the court, and
15    to determine what sentence should be imposed on the minor.
16    It is the intent of the General Assembly that the term
17    "sentencing hearing" replace the term "dispositional
18    hearing" and be synonymous with that definition as it was
19    used in the Juvenile Court Act of 1987.
20        (14) "Shelter" means the temporary care of a minor in
21    physically unrestricting facilities pending court
22    disposition or execution of court order for placement.
23        (15) "Site" means a not-for-profit organization,
24    public body, church, charitable organization, or
25    individual agreeing to accept community service from
26    offenders and to report on the progress of ordered or

 

 

HB3655- 1781 -LRB102 16922 WGH 22334 b

1    required public or community service to the court or to
2    the authorized diversion program that has referred the
3    offender for public or community service.
4        (16) "Station adjustment" means the informal or formal
5    handling of an alleged offender by a juvenile police
6    officer.
7        (17) "Trial" means a hearing to determine whether the
8    allegations of a petition under Section 5-520 that a minor
9    is delinquent are proved beyond a reasonable doubt. It is
10    the intent of the General Assembly that the term "trial"
11    replace the term "adjudicatory hearing" and be synonymous
12    with that definition as it was used in the Juvenile Court
13    Act of 1987.
14    The changes made to this Section by Public Act 98-61 apply
15to violations or attempted violations committed on or after
16January 1, 2014 (the effective date of Public Act 98-61).
17(Source: P.A. 98-61, eff. 1-1-14; 98-558, eff. 1-1-14; 98-685,
18eff. 1-1-15; 98-756, eff. 7-16-14; 98-824, eff. 1-1-15; 99-78,
19eff. 7-20-15.)
 
20    (705 ILCS 405/5-301)
21    Sec. 5-301. Station adjustments. A minor arrested for any
22offense or a violation of a condition of previous station
23adjustment may receive a station adjustment for that arrest as
24provided herein. In deciding whether to impose a station
25adjustment, either informal or formal, a juvenile police

 

 

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1officer shall consider the following factors:
2        (A) The seriousness of the alleged offense.
3        (B) The prior history of delinquency of the minor.
4        (C) The age of the minor.
5        (D) The culpability of the minor in committing the
6    alleged offense.
7        (E) Whether the offense was committed in an aggressive
8    or premeditated manner.
9        (F) Whether the minor used or possessed a deadly
10    weapon when committing the alleged offenses.
11    (1) Informal station adjustment.
12        (a) An informal station adjustment is defined as a
13    procedure when a juvenile police officer determines that
14    there is probable cause to believe that the minor has
15    committed an offense.
16        (b) A minor shall receive no more than 3 informal
17    station adjustments statewide for a misdemeanor offense
18    within 3 years without prior approval from the State's
19    Attorney's Office.
20        (c) A minor shall receive no more than 3 informal
21    station adjustments statewide for a felony offense within
22    3 years without prior approval from the State's Attorney's
23    Office.
24        (d) A minor shall receive a combined total of no more
25    than 5 informal station adjustments statewide during his
26    or her minority.

 

 

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1        (e) The juvenile police officer may make reasonable
2    conditions of an informal station adjustment which may
3    include but are not limited to:
4            (i) Curfew.
5            (ii) Conditions restricting entry into designated
6        geographical areas.
7            (iii) No contact with specified persons.
8            (iv) School attendance.
9            (v) Performing up to 25 hours of community service
10        work.
11            (vi) Community mediation.
12            (vii) Teen court or a peer court.
13            (viii) Restitution limited to 90 days.
14        (f) If the minor refuses or fails to abide by the
15    conditions of an informal station adjustment, the juvenile
16    police officer may impose a formal station adjustment or
17    refer the matter to the State's Attorney's Office.
18        (g) An informal station adjustment does not constitute
19    an adjudication of delinquency or a criminal conviction.
20    Beginning January 1, 2000, a record shall be maintained
21    with the Illinois Department of State Police for informal
22    station adjustments for offenses that would be a felony if
23    committed by an adult, and may be maintained if the
24    offense would be a misdemeanor.
25    (2) Formal station adjustment.
26        (a) A formal station adjustment is defined as a

 

 

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1    procedure when a juvenile police officer determines that
2    there is probable cause to believe the minor has committed
3    an offense and an admission by the minor of involvement in
4    the offense.
5        (b) The minor and parent, guardian, or legal custodian
6    must agree in writing to the formal station adjustment and
7    must be advised of the consequences of violation of any
8    term of the agreement.
9        (c) The minor and parent, guardian or legal custodian
10    shall be provided a copy of the signed agreement of the
11    formal station adjustment. The agreement shall include:
12            (i) The offense which formed the basis of the
13        formal station adjustment.
14            (ii) An acknowledgment that the terms of the
15        formal station adjustment and the consequences for
16        violation have been explained.
17            (iii) An acknowledgment that the formal station
18        adjustments record may be expunged under Section 5-915
19        of this Act.
20            (iv) An acknowledgment acknowledgement that the
21        minor understands that his or her admission of
22        involvement in the offense may be admitted into
23        evidence in future court hearings.
24            (v) A statement that all parties understand the
25        terms and conditions of formal station adjustment and
26        agree to the formal station adjustment process.

 

 

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1        (d) Conditions of the formal station adjustment may
2    include, but are not limited to:
3            (i) The time shall not exceed 120 days.
4            (ii) The minor shall not violate any laws.
5            (iii) The juvenile police officer may require the
6        minor to comply with additional conditions for the
7        formal station adjustment which may include but are
8        not limited to:
9                (a) Attending school.
10                (b) Abiding by a set curfew.
11                (c) Payment of restitution.
12                (d) Refraining from possessing a firearm or
13            other weapon.
14                (e) Reporting to a police officer at
15            designated times and places, including reporting
16            and verification that the minor is at home at
17            designated hours.
18                (f) Performing up to 25 hours of community
19            service work.
20                (g) Refraining from entering designated
21            geographical areas.
22                (h) Participating in community mediation.
23                (i) Participating in teen court or peer court.
24                (j) Refraining from contact with specified
25            persons.
26        (e) A formal station adjustment does not constitute an

 

 

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1    adjudication of delinquency or a criminal conviction.
2    Beginning January 1, 2000, a record shall be maintained
3    with the Illinois Department of State Police for formal
4    station adjustments.
5        (f) A minor or the minor's parent, guardian, or legal
6    custodian, or both the minor and the minor's parent,
7    guardian, or legal custodian, may refuse a formal station
8    adjustment and have the matter referred for court action
9    or other appropriate action.
10        (g) A minor or the minor's parent, guardian, or legal
11    custodian, or both the minor and the minor's parent,
12    guardian, or legal custodian, may within 30 days of the
13    commencement of the formal station adjustment revoke their
14    consent and have the matter referred for court action or
15    other appropriate action. This revocation must be in
16    writing and personally served upon the police officer or
17    his or her supervisor.
18        (h) The admission of the minor as to involvement in
19    the offense shall be admissible at further court hearings
20    as long as the statement would be admissible under the
21    rules of evidence.
22        (i) If the minor violates any term or condition of the
23    formal station adjustment the juvenile police officer
24    shall provide written notice of violation to the minor and
25    the minor's parent, guardian, or legal custodian. After
26    consultation with the minor and the minor's parent,

 

 

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1    guardian, or legal custodian, the juvenile police officer
2    may take any of the following steps upon violation:
3            (i) Warn the minor of consequences of continued
4        violations and continue the formal station adjustment.
5            (ii) Extend the period of the formal station
6        adjustment up to a total of 180 days.
7            (iii) Extend the hours of community service work
8        up to a total of 40 hours.
9            (iv) Terminate the formal station adjustment
10        unsatisfactorily and take no other action.
11            (v) Terminate the formal station adjustment
12        unsatisfactorily and refer the matter to the juvenile
13        court.
14        (j) A minor shall receive no more than 2 formal
15    station adjustments statewide for a felony offense without
16    the State's Attorney's approval within a 3 year period.
17        (k) A minor shall receive no more than 3 formal
18    station adjustments statewide for a misdemeanor offense
19    without the State's Attorney's approval within a 3 year
20    period.
21        (l) The total for formal station adjustments statewide
22    within the period of minority may not exceed 4 without the
23    State's Attorney's approval.
24        (m) If the minor is arrested in a jurisdiction where
25    the minor does not reside, the formal station adjustment
26    may be transferred to the jurisdiction where the minor

 

 

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1    does reside upon written agreement of that jurisdiction to
2    monitor the formal station adjustment.
3    (3) Beginning January 1, 2000, the juvenile police officer
4making a station adjustment shall assure that information
5about any offense which would constitute a felony if committed
6by an adult and may assure that information about a
7misdemeanor is transmitted to the Illinois Department of State
8Police.
9    (4) The total number of station adjustments, both formal
10and informal, shall not exceed 9 without the State's
11Attorney's approval for any minor arrested anywhere in the
12State.
13(Source: P.A. 99-78, eff. 7-20-15.)
 
14    (705 ILCS 405/5-305)
15    Sec. 5-305. Probation adjustment.
16    (1) The court may authorize the probation officer to
17confer in a preliminary conference with a minor who is alleged
18to have committed an offense, his or her parent, guardian or
19legal custodian, the victim, the juvenile police officer, the
20State's Attorney, and other interested persons concerning the
21advisability of filing a petition under Section 5-520, with a
22view to adjusting suitable cases without the filing of a
23petition as provided for in this Article, the probation
24officer should schedule a conference promptly except when the
25State's Attorney insists on court action or when the minor has

 

 

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1indicated that he or she will demand a judicial hearing and
2will not comply with a probation adjustment.
3    (1-b) In any case of a minor who is in custody, the holding
4of a probation adjustment conference does not operate to
5prolong temporary custody beyond the period permitted by
6Section 5-415.
7    (2) This Section does not authorize any probation officer
8to compel any person to appear at any conference, produce any
9papers, or visit any place.
10    (3) No statement made during a preliminary conference in
11regard to the offense that is the subject of the conference may
12be admitted into evidence at an adjudicatory hearing or at any
13proceeding against the minor under the criminal laws of this
14State prior to his or her conviction under those laws.
15    (4) When a probation adjustment is appropriate, the
16probation officer shall promptly formulate a written,
17non-judicial adjustment plan following the initial conference.
18    (5) Non-judicial probation adjustment plans include but
19are not limited to the following:
20        (a) up to 6 months informal supervision within the
21    family;
22        (b) up to 12 months informal supervision with a
23    probation officer involved which may include any
24    conditions of probation provided in Section 5-715;
25        (c) up to 6 months informal supervision with release
26    to a person other than a parent;

 

 

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1        (d) referral to special educational, counseling, or
2    other rehabilitative social or educational programs;
3        (e) referral to residential treatment programs;
4        (f) participation in a public or community service
5    program or activity; and
6        (g) any other appropriate action with the consent of
7    the minor and a parent.
8    (6) The factors to be considered by the probation officer
9in formulating a non-judicial probation adjustment plan shall
10be the same as those limited in subsection (4) of Section
115-405.
12    (7) Beginning January 1, 2000, the probation officer who
13imposes a probation adjustment plan shall assure that
14information about an offense which would constitute a felony
15if committed by an adult, and may assure that information
16about a misdemeanor offense, is transmitted to the Illinois
17Department of State Police.
18    (8) If the minor fails to comply with any term or condition
19of the non-judicial probation adjustment, the matter shall be
20referred to the State's Attorney for determination of whether
21a petition under this Article shall be filed.
22(Source: P.A. 98-892, eff. 1-1-15.)
 
23    (705 ILCS 405/5-730)
24    Sec. 5-730. Order of protection.
25    (1) The court may make an order of protection in

 

 

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1assistance of or as a condition of any other order authorized
2by this Act. The order of protection may set forth reasonable
3conditions of behavior to be observed for a specified period.
4The order may require a person:
5        (a) to stay away from the home or the minor;
6        (b) to permit a parent to visit the minor at stated
7    periods;
8        (c) to abstain from offensive conduct against the
9    minor, his or her parent or any person to whom custody of
10    the minor is awarded;
11        (d) to give proper attention to the care of the home;
12        (e) to cooperate in good faith with an agency to which
13    custody of a minor is entrusted by the court or with an
14    agency or association to which the minor is referred by
15    the court;
16        (f) to prohibit and prevent any contact whatsoever
17    with the respondent minor by a specified individual or
18    individuals who are alleged in either a criminal or
19    juvenile proceeding to have caused injury to a respondent
20    minor or a sibling of a respondent minor;
21        (g) to refrain from acts of commission or omission
22    that tend to make the home not a proper place for the
23    minor.
24    (2) The court shall enter an order of protection to
25prohibit and prevent any contact between a respondent minor or
26a sibling of a respondent minor and any person named in a

 

 

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1petition seeking an order of protection who has been convicted
2of heinous battery or aggravated battery under subdivision
3(a)(2) of Section 12-3.05, aggravated battery of a child or
4aggravated battery under subdivision (b)(1) of Section
512-3.05, criminal sexual assault, aggravated criminal sexual
6assault, predatory criminal sexual assault of a child,
7criminal sexual abuse, or aggravated criminal sexual abuse as
8described in the Criminal Code of 1961 or the Criminal Code of
92012, or has been convicted of an offense that resulted in the
10death of a child, or has violated a previous order of
11protection under this Section.
12    (3) When the court issues an order of protection against
13any person as provided by this Section, the court shall direct
14a copy of such order to the sheriff of that county. The sheriff
15shall furnish a copy of the order of protection to the Illinois
16Department of State Police within 24 hours of receipt, in the
17form and manner required by the Department. The Illinois
18Department of State Police shall maintain a complete record
19and index of the orders of protection and make this data
20available to all local law enforcement agencies.
21    (4) After notice and opportunity for hearing afforded to a
22person subject to an order of protection, the order may be
23modified or extended for a further specified period or both or
24may be terminated if the court finds that the best interests of
25the minor and the public will be served by the modification,
26extension, or termination.

 

 

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1    (5) An order of protection may be sought at any time during
2the course of any proceeding conducted under this Act. Any
3person against whom an order of protection is sought may
4retain counsel to represent him or her at a hearing, and has
5rights to be present at the hearing, to be informed prior to
6the hearing in writing of the contents of the petition seeking
7a protective order and of the date, place, and time of the
8hearing, and to cross-examine witnesses called by the
9petitioner and to present witnesses and argument in opposition
10to the relief sought in the petition.
11    (6) Diligent efforts shall be made by the petitioner to
12serve any person or persons against whom any order of
13protection is sought with written notice of the contents of
14the petition seeking a protective order and of the date, place
15and time at which the hearing on the petition is to be held.
16When a protective order is being sought in conjunction with a
17shelter care or detention hearing, if the court finds that the
18person against whom the protective order is being sought has
19been notified of the hearing or that diligent efforts have
20been made to notify the person, the court may conduct a
21hearing. If a protective order is sought at any time other than
22in conjunction with a shelter care or detention hearing, the
23court may not conduct a hearing on the petition in the absence
24of the person against whom the order is sought unless the
25petitioner has notified the person by personal service at
26least 3 days before the hearing or has sent written notice by

 

 

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1first class mail to the person's last known address at least 5
2days before the hearing.
3    (7) A person against whom an order of protection is being
4sought who is neither a parent, guardian, or legal custodian
5or responsible relative as described in Section 1-5 of this
6Act or is not a party or respondent as defined in that Section
7shall not be entitled to the rights provided in that Section.
8The person does not have a right to appointed counsel or to be
9present at any hearing other than the hearing in which the
10order of protection is being sought or a hearing directly
11pertaining to that order. Unless the court orders otherwise,
12the person does not have a right to inspect the court file.
13    (8) All protective orders entered under this Section shall
14be in writing. Unless the person against whom the order was
15obtained was present in court when the order was issued, the
16sheriff, other law enforcement official, or special process
17server shall promptly serve that order upon that person and
18file proof of that service, in the manner provided for service
19of process in civil proceedings. The person against whom the
20protective order was obtained may seek a modification of the
21order by filing a written motion to modify the order within 7
22days after actual receipt by the person of a copy of the order.
23(Source: P.A. 96-1551, Article 1, Section 955, eff. 7-1-11;
2496-1551, Article 2, Section 1030, eff. 7-1-11; 97-1109, eff.
251-1-13; 97-1150, eff. 1-25-13.)
 

 

 

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1    (705 ILCS 405/5-901)
2    Sec. 5-901. Court file.
3    (1) The Court file with respect to proceedings under this
4Article shall consist of the petitions, pleadings, victim
5impact statements, process, service of process, orders, writs
6and docket entries reflecting hearings held and judgments and
7decrees entered by the court. The court file shall be kept
8separate from other records of the court.
9        (a) The file, including information identifying the
10    victim or alleged victim of any sex offense, shall be
11    disclosed only to the following parties when necessary for
12    discharge of their official duties:
13            (i) A judge of the circuit court and members of the
14        staff of the court designated by the judge;
15            (ii) Parties to the proceedings and their
16        attorneys;
17            (iii) Victims and their attorneys, except in cases
18        of multiple victims of sex offenses in which case the
19        information identifying the nonrequesting victims
20        shall be redacted;
21            (iv) Probation officers, law enforcement officers
22        or prosecutors or their staff;
23            (v) Adult and juvenile Prisoner Review Boards.
24        (b) The Court file redacted to remove any information
25    identifying the victim or alleged victim of any sex
26    offense shall be disclosed only to the following parties

 

 

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1    when necessary for discharge of their official duties:
2            (i) Authorized military personnel;
3            (ii) Persons engaged in bona fide research, with
4        the permission of the judge of the juvenile court and
5        the chief executive of the agency that prepared the
6        particular recording: provided that publication of
7        such research results in no disclosure of a minor's
8        identity and protects the confidentiality of the
9        record;
10            (iii) The Secretary of State to whom the Clerk of
11        the Court shall report the disposition of all cases,
12        as required in Section 6-204 or Section 6-205.1 of the
13        Illinois Vehicle Code. However, information reported
14        relative to these offenses shall be privileged and
15        available only to the Secretary of State, courts, and
16        police officers;
17            (iv) The administrator of a bonafide substance
18        abuse student assistance program with the permission
19        of the presiding judge of the juvenile court;
20            (v) Any individual, or any public or private
21        agency or institution, having custody of the juvenile
22        under court order or providing educational, medical or
23        mental health services to the juvenile or a
24        court-approved advocate for the juvenile or any
25        placement provider or potential placement provider as
26        determined by the court.

 

 

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1    (3) A minor who is the victim or alleged victim in a
2juvenile proceeding shall be provided the same confidentiality
3regarding disclosure of identity as the minor who is the
4subject of record. Information identifying victims and alleged
5victims of sex offenses, shall not be disclosed or open to
6public inspection under any circumstances. Nothing in this
7Section shall prohibit the victim or alleged victim of any sex
8offense from voluntarily disclosing his or her identity.
9    (4) Relevant information, reports and records shall be
10made available to the Department of Juvenile Justice when a
11juvenile offender has been placed in the custody of the
12Department of Juvenile Justice.
13    (5) Except as otherwise provided in this subsection (5),
14juvenile court records shall not be made available to the
15general public but may be inspected by representatives of
16agencies, associations and news media or other properly
17interested persons by general or special order of the court.
18The State's Attorney, the minor, his or her parents, guardian
19and counsel shall at all times have the right to examine court
20files and records.
21        (a) The court shall allow the general public to have
22    access to the name, address, and offense of a minor who is
23    adjudicated a delinquent minor under this Act under either
24    of the following circumstances:
25            (i) The adjudication of delinquency was based upon
26        the minor's commission of first degree murder, attempt

 

 

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1        to commit first degree murder, aggravated criminal
2        sexual assault, or criminal sexual assault; or
3            (ii) The court has made a finding that the minor
4        was at least 13 years of age at the time the act was
5        committed and the adjudication of delinquency was
6        based upon the minor's commission of: (A) an act in
7        furtherance of the commission of a felony as a member
8        of or on behalf of a criminal street gang, (B) an act
9        involving the use of a firearm in the commission of a
10        felony, (C) an act that would be a Class X felony
11        offense under or the minor's second or subsequent
12        Class 2 or greater felony offense under the Cannabis
13        Control Act if committed by an adult, (D) an act that
14        would be a second or subsequent offense under Section
15        402 of the Illinois Controlled Substances Act if
16        committed by an adult, (E) an act that would be an
17        offense under Section 401 of the Illinois Controlled
18        Substances Act if committed by an adult, or (F) an act
19        that would be an offense under the Methamphetamine
20        Control and Community Protection Act if committed by
21        an adult.
22        (b) The court shall allow the general public to have
23    access to the name, address, and offense of a minor who is
24    at least 13 years of age at the time the offense is
25    committed and who is convicted, in criminal proceedings
26    permitted or required under Section 5-805, under either of

 

 

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1    the following circumstances:
2            (i) The minor has been convicted of first degree
3        murder, attempt to commit first degree murder,
4        aggravated criminal sexual assault, or criminal sexual
5        assault,
6            (ii) The court has made a finding that the minor
7        was at least 13 years of age at the time the offense
8        was committed and the conviction was based upon the
9        minor's commission of: (A) an offense in furtherance
10        of the commission of a felony as a member of or on
11        behalf of a criminal street gang, (B) an offense
12        involving the use of a firearm in the commission of a
13        felony, (C) a Class X felony offense under the
14        Cannabis Control Act or a second or subsequent Class 2
15        or greater felony offense under the Cannabis Control
16        Act, (D) a second or subsequent offense under Section
17        402 of the Illinois Controlled Substances Act, (E) an
18        offense under Section 401 of the Illinois Controlled
19        Substances Act, or (F) an offense under the
20        Methamphetamine Control and Community Protection Act.
21    (6) Nothing in this Section shall be construed to limit
22the use of an a adjudication of delinquency as evidence in any
23juvenile or criminal proceeding, where it would otherwise be
24admissible under the rules of evidence, including but not
25limited to, use as impeachment evidence against any witness,
26including the minor if he or she testifies.

 

 

HB3655- 1800 -LRB102 16922 WGH 22334 b

1    (7) Nothing in this Section shall affect the right of a
2Civil Service Commission or appointing authority examining the
3character and fitness of an applicant for a position as a law
4enforcement officer to ascertain whether that applicant was
5ever adjudicated to be a delinquent minor and, if so, to
6examine the records or evidence which were made in proceedings
7under this Act.
8    (8) Following any adjudication of delinquency for a crime
9which would be a felony if committed by an adult, or following
10any adjudication of delinquency for a violation of Section
1124-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
12Criminal Code of 2012, the State's Attorney shall ascertain
13whether the minor respondent is enrolled in school and, if so,
14shall provide a copy of the sentencing order to the principal
15or chief administrative officer of the school. Access to such
16juvenile records shall be limited to the principal or chief
17administrative officer of the school and any guidance
18counselor designated by him or her.
19    (9) Nothing contained in this Act prevents the sharing or
20disclosure of information or records relating or pertaining to
21juveniles subject to the provisions of the Serious Habitual
22Offender Comprehensive Action Program when that information is
23used to assist in the early identification and treatment of
24habitual juvenile offenders.
25    (11) The Clerk of the Circuit Court shall report to the
26Illinois Department of State Police, in the form and manner

 

 

HB3655- 1801 -LRB102 16922 WGH 22334 b

1required by the Illinois Department of State Police, the final
2disposition of each minor who has been arrested or taken into
3custody before his or her 18th birthday for those offenses
4required to be reported under Section 5 of the Criminal
5Identification Act. Information reported to the Department
6under this Section may be maintained with records that the
7Department files under Section 2.1 of the Criminal
8Identification Act.
9    (12) Information or records may be disclosed to the
10general public when the court is conducting hearings under
11Section 5-805 or 5-810.
12    (13) The changes made to this Section by Public Act 98-61
13apply to juvenile court records of a minor who has been
14arrested or taken into custody on or after January 1, 2014 (the
15effective date of Public Act 98-61).
16(Source: P.A. 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14;
1798-756, eff. 7-16-14.)
 
18    (705 ILCS 405/5-915)
19    Sec. 5-915. Expungement of juvenile law enforcement and
20juvenile court records.
21    (0.05) (Blank).
22    (0.1) (a) The Illinois Department of State Police and all
23law enforcement agencies within the State shall automatically
24expunge, on or before January 1 of each year, all juvenile law
25enforcement records relating to events occurring before an

 

 

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1individual's 18th birthday if:
2        (1) one year or more has elapsed since the date of the
3    arrest or law enforcement interaction documented in the
4    records;
5        (2) no petition for delinquency or criminal charges
6    were filed with the clerk of the circuit court relating to
7    the arrest or law enforcement interaction documented in
8    the records; and
9        (3) 6 months have elapsed since the date of the arrest
10    without an additional subsequent arrest or filing of a
11    petition for delinquency or criminal charges whether
12    related or not to the arrest or law enforcement
13    interaction documented in the records.
14    (b) If the law enforcement agency is unable to verify
15satisfaction of conditions (2) and (3) of this subsection
16(0.1), records that satisfy condition (1) of this subsection
17(0.1) shall be automatically expunged if the records relate to
18an offense that if committed by an adult would not be an
19offense classified as a Class 2 felony or higher, an offense
20under Article 11 of the Criminal Code of 1961 or Criminal Code
21of 2012, or an offense under Section 12-13, 12-14, 12-14.1,
2212-15, or 12-16 of the Criminal Code of 1961.
23    (0.15) If a juvenile law enforcement record meets
24paragraph (a) of subsection (0.1) of this Section, a juvenile
25law enforcement record created:
26        (1) prior to January 1, 2018, but on or after January

 

 

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1    1, 2013 shall be automatically expunged prior to January
2    1, 2020;
3        (2) prior to January 1, 2013, but on or after January
4    1, 2000, shall be automatically expunged prior to January
5    1, 2023; and
6        (3) prior to January 1, 2000 shall not be subject to
7    the automatic expungement provisions of this Act.
8Nothing in this subsection (0.15) shall be construed to
9restrict or modify an individual's right to have his or her
10juvenile law enforcement records expunged except as otherwise
11may be provided in this Act.
12    (0.2) (a) Upon dismissal of a petition alleging
13delinquency or upon a finding of not delinquent, the
14successful termination of an order of supervision, or the
15successful termination of an adjudication for an offense which
16would be a Class B misdemeanor, Class C misdemeanor, or a petty
17or business offense if committed by an adult, the court shall
18automatically order the expungement of the juvenile court
19records and juvenile law enforcement records. The clerk shall
20deliver a certified copy of the expungement order to the
21Illinois Department of State Police and the arresting agency.
22Upon request, the State's Attorney shall furnish the name of
23the arresting agency. The expungement shall be completed
24within 60 business days after the receipt of the expungement
25order.
26    (b) If the chief law enforcement officer of the agency, or

 

 

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1his or her designee, certifies in writing that certain
2information is needed for a pending investigation involving
3the commission of a felony, that information, and information
4identifying the juvenile, may be retained until the statute of
5limitations for the felony has run. If the chief law
6enforcement officer of the agency, or his or her designee,
7certifies in writing that certain information is needed with
8respect to an internal investigation of any law enforcement
9office, that information and information identifying the
10juvenile may be retained within an intelligence file until the
11investigation is terminated or the disciplinary action,
12including appeals, has been completed, whichever is later.
13Retention of a portion of a juvenile's law enforcement record
14does not disqualify the remainder of his or her record from
15immediate automatic expungement.
16    (0.3) (a) Upon an adjudication of delinquency based on any
17offense except a disqualified offense, the juvenile court
18shall automatically order the expungement of the juvenile
19court and law enforcement records 2 years after the juvenile's
20case was closed if no delinquency or criminal proceeding is
21pending and the person has had no subsequent delinquency
22adjudication or criminal conviction. The clerk shall deliver a
23certified copy of the expungement order to the Illinois
24Department of State Police and the arresting agency. Upon
25request, the State's Attorney shall furnish the name of the
26arresting agency. The expungement shall be completed within 60

 

 

HB3655- 1805 -LRB102 16922 WGH 22334 b

1business days after the receipt of the expungement order. In
2this subsection (0.3), "disqualified offense" means any of the
3following offenses: Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1,
49-3, 9-3.2, 10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9,
511-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,
612-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5,
712-7.1, 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1,
818-2, 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2,
924-1.2-5, 24-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9,
1029D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal
11Code of 2012, or subsection (b) of Section 8-1, paragraph (4)
12of subsection (a) of Section 11-14.4, subsection (a-5) of
13Section 12-3.1, paragraph (1), (2), or (3) of subsection (a)
14of Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3,
15paragraph (1) or (2) of subsection (a) of Section 12-7.4,
16subparagraph (i) of paragraph (1) of subsection (a) of Section
1712-9, subparagraph (H) of paragraph (3) of subsection (a) of
18Section 24-1.6, paragraph (1) of subsection (a) of Section
1925-1, or subsection (a-7) of Section 31-1 of the Criminal Code
20of 2012.
21    (b) If the chief law enforcement officer of the agency, or
22his or her designee, certifies in writing that certain
23information is needed for a pending investigation involving
24the commission of a felony, that information, and information
25identifying the juvenile, may be retained in an intelligence
26file until the investigation is terminated or for one

 

 

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1additional year, whichever is sooner. Retention of a portion
2of a juvenile's juvenile law enforcement record does not
3disqualify the remainder of his or her record from immediate
4automatic expungement.
5    (0.4) Automatic expungement for the purposes of this
6Section shall not require law enforcement agencies to
7obliterate or otherwise destroy juvenile law enforcement
8records that would otherwise need to be automatically expunged
9under this Act, except after 2 years following the subject
10arrest for purposes of use in civil litigation against a
11governmental entity or its law enforcement agency or personnel
12which created, maintained, or used the records. However, these
13juvenile law enforcement records shall be considered expunged
14for all other purposes during this period and the offense,
15which the records or files concern, shall be treated as if it
16never occurred as required under Section 5-923.
17    (0.5) Subsection (0.1) or (0.2) of this Section does not
18apply to violations of traffic, boating, fish and game laws,
19or county or municipal ordinances.
20    (0.6) Juvenile law enforcement records of a plaintiff who
21has filed civil litigation against the governmental entity or
22its law enforcement agency or personnel that created,
23maintained, or used the records, or juvenile law enforcement
24records that contain information related to the allegations
25set forth in the civil litigation may not be expunged until
26after 2 years have elapsed after the conclusion of the

 

 

HB3655- 1807 -LRB102 16922 WGH 22334 b

1lawsuit, including any appeal.
2    (0.7) Officer-worn body camera recordings shall not be
3automatically expunged except as otherwise authorized by the
4Law Enforcement Officer-Worn Body Camera Act.
5    (1) Whenever a person has been arrested, charged, or
6adjudicated delinquent for an incident occurring before his or
7her 18th birthday that if committed by an adult would be an
8offense, and that person's juvenile law enforcement and
9juvenile court records are not eligible for automatic
10expungement under subsection (0.1), (0.2), or (0.3), the
11person may petition the court at any time for expungement of
12juvenile law enforcement records and juvenile court records
13relating to the incident and, upon termination of all juvenile
14court proceedings relating to that incident, the court shall
15order the expungement of all records in the possession of the
16Illinois Department of State Police, the clerk of the circuit
17court, and law enforcement agencies relating to the incident,
18but only in any of the following circumstances:
19        (a) the minor was arrested and no petition for
20    delinquency was filed with the clerk of the circuit court;
21        (a-5) the minor was charged with an offense and the
22    petition or petitions were dismissed without a finding of
23    delinquency;
24        (b) the minor was charged with an offense and was
25    found not delinquent of that offense;
26        (c) the minor was placed under supervision under

 

 

HB3655- 1808 -LRB102 16922 WGH 22334 b

1    Section 5-615, and the order of supervision has since been
2    successfully terminated; or
3        (d) the minor was adjudicated for an offense which
4    would be a Class B misdemeanor, Class C misdemeanor, or a
5    petty or business offense if committed by an adult.
6    (1.5) The Illinois Department of State Police shall allow
7a person to use the Access and Review process, established in
8the Illinois Department of State Police, for verifying that
9his or her juvenile law enforcement records relating to
10incidents occurring before his or her 18th birthday eligible
11under this Act have been expunged.
12    (1.6) (Blank).
13    (1.7) (Blank).
14    (1.8) (Blank).
15    (2) Any person whose delinquency adjudications are not
16eligible for automatic expungement under subsection (0.3) of
17this Section may petition the court to expunge all juvenile
18law enforcement records relating to any incidents occurring
19before his or her 18th birthday which did not result in
20proceedings in criminal court and all juvenile court records
21with respect to any adjudications except those based upon
22first degree murder or an offense under Article 11 of the
23Criminal Code of 2012 if the person is required to register
24under the Sex Offender Registration Act at the time he or she
25petitions the court for expungement; provided that: (a)
26(blank); or (b) 2 years have elapsed since all juvenile court

 

 

HB3655- 1809 -LRB102 16922 WGH 22334 b

1proceedings relating to him or her have been terminated and
2his or her commitment to the Department of Juvenile Justice
3under this Act has been terminated.
4    (2.5) If a minor is arrested and no petition for
5delinquency is filed with the clerk of the circuit court at the
6time the minor is released from custody, the youth officer, if
7applicable, or other designated person from the arresting
8agency, shall notify verbally and in writing to the minor or
9the minor's parents or guardians that the minor shall have an
10arrest record and shall provide the minor and the minor's
11parents or guardians with an expungement information packet,
12information regarding this State's expungement laws including
13a petition to expunge juvenile law enforcement and juvenile
14court records obtained from the clerk of the circuit court.
15    (2.6) If a minor is referred to court, then, at the time of
16sentencing, or dismissal of the case, or successful completion
17of supervision, the judge shall inform the delinquent minor of
18his or her rights regarding expungement and the clerk of the
19circuit court shall provide an expungement information packet
20to the minor, written in plain language, including information
21regarding this State's expungement laws and a petition for
22expungement, a sample of a completed petition, expungement
23instructions that shall include information informing the
24minor that (i) once the case is expunged, it shall be treated
25as if it never occurred, (ii) he or she may apply to have
26petition fees waived, (iii) once he or she obtains an

 

 

HB3655- 1810 -LRB102 16922 WGH 22334 b

1expungement, he or she may not be required to disclose that he
2or she had a juvenile law enforcement or juvenile court
3record, and (iv) if petitioning he or she may file the petition
4on his or her own or with the assistance of an attorney. The
5failure of the judge to inform the delinquent minor of his or
6her right to petition for expungement as provided by law does
7not create a substantive right, nor is that failure grounds
8for: (i) a reversal of an adjudication of delinquency; , (ii) a
9new trial; or (iii) an appeal.
10    (2.7) (Blank).
11    (2.8) (Blank).
12    (3) (Blank).
13    (3.1) (Blank).
14    (3.2) (Blank).
15    (3.3) (Blank).
16    (4) (Blank).
17    (5) (Blank).
18    (5.5) Whether or not expunged, records eligible for
19automatic expungement under subdivision (0.1)(a), (0.2)(a), or
20(0.3)(a) may be treated as expunged by the individual subject
21to the records.
22    (6) (Blank).
23    (6.5) The Illinois Department of State Police or any
24employee of the Illinois State Police Department shall be
25immune from civil or criminal liability for failure to expunge
26any records of arrest that are subject to expungement under

 

 

HB3655- 1811 -LRB102 16922 WGH 22334 b

1this Section because of inability to verify a record. Nothing
2in this Section shall create Illinois Department of State
3Police liability or responsibility for the expungement of
4juvenile law enforcement records it does not possess.
5    (7) (Blank).
6    (7.5) (Blank).
7    (8)(a) (Blank). (b) (Blank). (c) The expungement of
8juvenile law enforcement or juvenile court records under
9subsection (0.1), (0.2), or (0.3) of this Section shall be
10funded by appropriation by the General Assembly for that
11purpose.
12    (9) (Blank).
13    (10) (Blank).
14(Source: P.A. 99-835, eff. 1-1-17; 99-881, eff. 1-1-17;
15100-201, eff. 8-18-17; 100-285, eff. 1-1-18; 100-720, eff.
168-3-18; 100-863, eff. 8-14-18; 100-987, eff. 7-1-19; 100-1162,
17eff. 12-20-18; revised 7-16-19.)
 
18    Section 980. The Criminal Code of 2012 is amended by
19changing Sections 3-7, 12-38, 12C-15, 14-3, 17-6.3, 24-1,
2024-1.1, 24-3, 24-3B, 24-6, 24-8, 24.8-5, 28-5, 29B-0.5, 29B-3,
2129B-4, 29B-12, 29B-20, 29B-25, 29B-26, 32-2, 32-8, 33-2,
2233-3.1, 33-3.2, 36-1.1, 36-1.3, 36-2.2, and 36-7 as follows:
 
23    (720 ILCS 5/3-7)  (from Ch. 38, par. 3-7)
24    Sec. 3-7. Periods excluded from limitation.

 

 

HB3655- 1812 -LRB102 16922 WGH 22334 b

1    (a) The period within which a prosecution must be
2commenced does not include any period in which:
3        (1) the defendant is not usually and publicly resident
4    within this State; or
5        (2) the defendant is a public officer and the offense
6    charged is theft of public funds while in public office;
7    or
8        (3) a prosecution is pending against the defendant for
9    the same conduct, even if the indictment or information
10    which commences the prosecution is quashed or the
11    proceedings thereon are set aside, or are reversed on
12    appeal; or
13        (4) a proceeding or an appeal from a proceeding
14    relating to the quashing or enforcement of a Grand Jury
15    subpoena issued in connection with an investigation of a
16    violation of a criminal law of this State is pending.
17    However, the period within which a prosecution must be
18    commenced includes any period in which the State brings a
19    proceeding or an appeal from a proceeding specified in
20    this paragraph (4); or
21        (5) a material witness is placed on active military
22    duty or leave. In this paragraph (5), "material witness"
23    includes, but is not limited to, the arresting officer,
24    occurrence witness, or the alleged victim of the offense;
25    or
26        (6) the victim of unlawful force or threat of imminent

 

 

HB3655- 1813 -LRB102 16922 WGH 22334 b

1    bodily harm to obtain information or a confession is
2    incarcerated, and the victim's incarceration, in whole or
3    in part, is a consequence of the unlawful force or
4    threats; or
5        (7) the sexual assault evidence is collected and
6    submitted to the Illinois Department of State Police until
7    the completion of the analysis of the submitted evidence.
8    (a-5) The prosecution shall not be required to prove at
9trial facts establishing periods excluded from the general
10limitations in Section 3-5 of this Code when the facts
11supporting periods being excluded from the general limitations
12are properly pled in the charging document. Any challenge
13relating to periods of exclusion as defined in this Section
14shall be exclusively conducted under Section 114-1 of the Code
15of Criminal Procedure of 1963.
16    (b) For the purposes of this Section:
17        "Completion of the analysis of the submitted evidence"
18    means analysis of the collected evidence and conducting of
19    laboratory tests and the comparison of the collected
20    evidence with the genetic marker grouping analysis
21    information maintained by the Illinois Department of State
22    Police under Section 5-4-3 of the Unified Code of
23    Corrections and with the information contained in the
24    Federal Bureau of Investigation's National DNA database.
25        "Sexual assault" has the meaning ascribed to it in
26    Section 1a of the Sexual Assault Survivors Emergency

 

 

HB3655- 1814 -LRB102 16922 WGH 22334 b

1    Treatment Act.
2        "Sexual assault evidence" has the meaning ascribed to
3    it in Section 5 of the Sexual Assault Evidence Submission
4    Act.
5(Source: P.A. 99-252, eff. 1-1-16; 100-434, eff. 1-1-18.)
 
6    (720 ILCS 5/12-38)
7    Sec. 12-38. Restrictions on purchase or acquisition of
8corrosive or caustic acid.
9    (a) A person seeking to purchase a substance which is
10regulated by Title 16 CFR Section 1500.129 of the Federal
11Caustic Poison Act and is required to contain the words
12"causes severe burns" as the affirmative statement of
13principal hazard on its label, must prior to taking
14possession:
15        (1) provide a valid driver's license or other
16    government-issued identification showing the person's
17    name, date of birth, and photograph; and
18        (2) sign a log documenting the name and address of the
19    person, date and time of the transaction, and the brand,
20    product name and net weight of the item.
21    (b) Exemption. The requirements of subsection (a) do not
22apply to batteries or household products. For the purposes of
23this Section, "household product" means any product which is
24customarily produced or distributed for sale for consumption
25or use, or customarily stored, by individuals in or about the

 

 

HB3655- 1815 -LRB102 16922 WGH 22334 b

1household, including, but not limited to, products which are
2customarily produced and distributed for use in or about a
3household as a cleaning agent, drain cleaner, pesticide,
4epoxy, paint, stain, or similar substance.
5    (c) Rules and Regulations. The Illinois Department of
6State Police shall have the authority to promulgate rules for
7the implementation and enforcement of this Section.
8    (d) Sentence. Any violation of this Section is a business
9offense for which a fine not exceeding $150 for the first
10violation, $500 for the second violation, or $1,500 for the
11third and subsequent violations within a 12-month period shall
12be imposed.
13    (e) Preemption. The regulation of the purchase or
14acquisition, or both, of a caustic or corrosive substance and
15any registry regarding the sale or possession, or both, of a
16caustic or corrosive substance is an exclusive power and
17function of the State. A home rule unit may not regulate the
18purchase or acquisition of caustic or corrosive substances and
19any ordinance or local law contrary to this Section is
20declared void. This is a denial and limitation of home rule
21powers and functions under subsection (h) of Section 6 of
22Article VII of the Illinois Constitution.
23(Source: P.A. 97-565, eff. 1-1-12; 97-929, eff. 8-10-12.)
 
24    (720 ILCS 5/12C-15)   (was 720 ILCS 5/12-22)
25    Sec. 12C-15. Child abandonment or endangerment; probation.

 

 

HB3655- 1816 -LRB102 16922 WGH 22334 b

1    (a) Whenever a parent of a child as determined by the court
2on the facts before it, pleads guilty to or is found guilty of,
3with respect to his or her child, child abandonment under
4Section 12C-10 of this Article or endangering the life or
5health of a child under Section 12C-5 of this Article, the
6court may, without entering a judgment of guilt and with the
7consent of the person, defer further proceedings and place the
8person upon probation upon the reasonable terms and conditions
9as the court may require. At least one term of the probation
10shall require the person to cooperate with the Department of
11Children and Family Services at the times and in the programs
12that the Department of Children and Family Services may
13require.
14    (b) Upon fulfillment of the terms and conditions imposed
15under subsection (a), the court shall discharge the person and
16dismiss the proceedings. Discharge and dismissal under this
17Section shall be without court adjudication of guilt and shall
18not be considered a conviction for purposes of
19disqualification or disabilities imposed by law upon
20conviction of a crime. However, a record of the disposition
21shall be reported by the clerk of the circuit court to the
22Illinois Department of State Police under Section 2.1 of the
23Criminal Identification Act, and the record shall be
24maintained and provided to any civil authority in connection
25with a determination of whether the person is an acceptable
26candidate for the care, custody and supervision of children.

 

 

HB3655- 1817 -LRB102 16922 WGH 22334 b

1    (c) Discharge and dismissal under this Section may occur
2only once.
3    (d) Probation under this Section may not be for a period of
4less than 2 years.
5    (e) If the child dies of the injuries alleged, this
6Section shall be inapplicable.
7(Source: P.A. 97-1109, eff. 1-1-13.)
 
8    (720 ILCS 5/14-3)
9    Sec. 14-3. Exemptions. The following activities shall be
10exempt from the provisions of this Article:
11        (a) Listening to radio, wireless electronic
12    communications, and television communications of any sort
13    where the same are publicly made;
14        (b) Hearing conversation when heard by employees of
15    any common carrier by wire incidental to the normal course
16    of their employment in the operation, maintenance or
17    repair of the equipment of such common carrier by wire so
18    long as no information obtained thereby is used or
19    divulged by the hearer;
20        (c) Any broadcast by radio, television or otherwise
21    whether it be a broadcast or recorded for the purpose of
22    later broadcasts of any function where the public is in
23    attendance and the conversations are overheard incidental
24    to the main purpose for which such broadcasts are then
25    being made;

 

 

HB3655- 1818 -LRB102 16922 WGH 22334 b

1        (d) Recording or listening with the aid of any device
2    to any emergency communication made in the normal course
3    of operations by any federal, state or local law
4    enforcement agency or institutions dealing in emergency
5    services, including, but not limited to, hospitals,
6    clinics, ambulance services, fire fighting agencies, any
7    public utility, emergency repair facility, civilian
8    defense establishment or military installation;
9        (e) Recording the proceedings of any meeting required
10    to be open by the Open Meetings Act, as amended;
11        (f) Recording or listening with the aid of any device
12    to incoming telephone calls of phone lines publicly listed
13    or advertised as consumer "hotlines" by manufacturers or
14    retailers of food and drug products. Such recordings must
15    be destroyed, erased or turned over to local law
16    enforcement authorities within 24 hours from the time of
17    such recording and shall not be otherwise disseminated.
18    Failure on the part of the individual or business
19    operating any such recording or listening device to comply
20    with the requirements of this subsection shall eliminate
21    any civil or criminal immunity conferred upon that
22    individual or business by the operation of this Section;
23        (g) With prior notification to the State's Attorney of
24    the county in which it is to occur, recording or listening
25    with the aid of any device to any conversation where a law
26    enforcement officer, or any person acting at the direction

 

 

HB3655- 1819 -LRB102 16922 WGH 22334 b

1    of law enforcement, is a party to the conversation and has
2    consented to it being intercepted or recorded under
3    circumstances where the use of the device is necessary for
4    the protection of the law enforcement officer or any
5    person acting at the direction of law enforcement, in the
6    course of an investigation of a forcible felony, a felony
7    offense of involuntary servitude, involuntary sexual
8    servitude of a minor, or trafficking in persons under
9    Section 10-9 of this Code, an offense involving
10    prostitution, solicitation of a sexual act, or pandering,
11    a felony violation of the Illinois Controlled Substances
12    Act, a felony violation of the Cannabis Control Act, a
13    felony violation of the Methamphetamine Control and
14    Community Protection Act, any "streetgang related" or
15    "gang-related" felony as those terms are defined in the
16    Illinois Streetgang Terrorism Omnibus Prevention Act, or
17    any felony offense involving any weapon listed in
18    paragraphs (1) through (11) of subsection (a) of Section
19    24-1 of this Code. Any recording or evidence derived as
20    the result of this exemption shall be inadmissible in any
21    proceeding, criminal, civil or administrative, except (i)
22    where a party to the conversation suffers great bodily
23    injury or is killed during such conversation, or (ii) when
24    used as direct impeachment of a witness concerning matters
25    contained in the interception or recording. The Director
26    of the Illinois Department of State Police shall issue

 

 

HB3655- 1820 -LRB102 16922 WGH 22334 b

1    regulations as are necessary concerning the use of
2    devices, retention of tape recordings, and reports
3    regarding their use;
4        (g-5) (Blank);
5        (g-6) With approval of the State's Attorney of the
6    county in which it is to occur, recording or listening
7    with the aid of any device to any conversation where a law
8    enforcement officer, or any person acting at the direction
9    of law enforcement, is a party to the conversation and has
10    consented to it being intercepted or recorded in the
11    course of an investigation of child pornography,
12    aggravated child pornography, indecent solicitation of a
13    child, luring of a minor, sexual exploitation of a child,
14    aggravated criminal sexual abuse in which the victim of
15    the offense was at the time of the commission of the
16    offense under 18 years of age, or criminal sexual abuse by
17    force or threat of force in which the victim of the offense
18    was at the time of the commission of the offense under 18
19    years of age. In all such cases, an application for an
20    order approving the previous or continuing use of an
21    eavesdropping device must be made within 48 hours of the
22    commencement of such use. In the absence of such an order,
23    or upon its denial, any continuing use shall immediately
24    terminate. The Director of the Illinois State Police shall
25    issue rules as are necessary concerning the use of
26    devices, retention of recordings, and reports regarding

 

 

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1    their use. Any recording or evidence obtained or derived
2    in the course of an investigation of child pornography,
3    aggravated child pornography, indecent solicitation of a
4    child, luring of a minor, sexual exploitation of a child,
5    aggravated criminal sexual abuse in which the victim of
6    the offense was at the time of the commission of the
7    offense under 18 years of age, or criminal sexual abuse by
8    force or threat of force in which the victim of the offense
9    was at the time of the commission of the offense under 18
10    years of age shall, upon motion of the State's Attorney or
11    Attorney General prosecuting any case involving child
12    pornography, aggravated child pornography, indecent
13    solicitation of a child, luring of a minor, sexual
14    exploitation of a child, aggravated criminal sexual abuse
15    in which the victim of the offense was at the time of the
16    commission of the offense under 18 years of age, or
17    criminal sexual abuse by force or threat of force in which
18    the victim of the offense was at the time of the commission
19    of the offense under 18 years of age be reviewed in camera
20    with notice to all parties present by the court presiding
21    over the criminal case, and, if ruled by the court to be
22    relevant and otherwise admissible, it shall be admissible
23    at the trial of the criminal case. Absent such a ruling,
24    any such recording or evidence shall not be admissible at
25    the trial of the criminal case;
26        (h) Recordings made simultaneously with the use of an

 

 

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1    in-car video camera recording of an oral conversation
2    between a uniformed peace officer, who has identified his
3    or her office, and a person in the presence of the peace
4    officer whenever (i) an officer assigned a patrol vehicle
5    is conducting an enforcement stop; or (ii) patrol vehicle
6    emergency lights are activated or would otherwise be
7    activated if not for the need to conceal the presence of
8    law enforcement.
9        For the purposes of this subsection (h), "enforcement
10    stop" means an action by a law enforcement officer in
11    relation to enforcement and investigation duties,
12    including but not limited to, traffic stops, pedestrian
13    stops, abandoned vehicle contacts, motorist assists,
14    commercial motor vehicle stops, roadside safety checks,
15    requests for identification, or responses to requests for
16    emergency assistance;
17        (h-5) Recordings of utterances made by a person while
18    in the presence of a uniformed peace officer and while an
19    occupant of a police vehicle including, but not limited
20    to, (i) recordings made simultaneously with the use of an
21    in-car video camera and (ii) recordings made in the
22    presence of the peace officer utilizing video or audio
23    systems, or both, authorized by the law enforcement
24    agency;
25        (h-10) Recordings made simultaneously with a video
26    camera recording during the use of a taser or similar

 

 

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1    weapon or device by a peace officer if the weapon or device
2    is equipped with such camera;
3        (h-15) Recordings made under subsection (h), (h-5), or
4    (h-10) shall be retained by the law enforcement agency
5    that employs the peace officer who made the recordings for
6    a storage period of 90 days, unless the recordings are
7    made as a part of an arrest or the recordings are deemed
8    evidence in any criminal, civil, or administrative
9    proceeding and then the recordings must only be destroyed
10    upon a final disposition and an order from the court.
11    Under no circumstances shall any recording be altered or
12    erased prior to the expiration of the designated storage
13    period. Upon completion of the storage period, the
14    recording medium may be erased and reissued for
15    operational use;
16        (i) Recording of a conversation made by or at the
17    request of a person, not a law enforcement officer or
18    agent of a law enforcement officer, who is a party to the
19    conversation, under reasonable suspicion that another
20    party to the conversation is committing, is about to
21    commit, or has committed a criminal offense against the
22    person or a member of his or her immediate household, and
23    there is reason to believe that evidence of the criminal
24    offense may be obtained by the recording;
25        (j) The use of a telephone monitoring device by either
26    (1) a corporation or other business entity engaged in

 

 

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1    marketing or opinion research or (2) a corporation or
2    other business entity engaged in telephone solicitation,
3    as defined in this subsection, to record or listen to oral
4    telephone solicitation conversations or marketing or
5    opinion research conversations by an employee of the
6    corporation or other business entity when:
7            (i) the monitoring is used for the purpose of
8        service quality control of marketing or opinion
9        research or telephone solicitation, the education or
10        training of employees or contractors engaged in
11        marketing or opinion research or telephone
12        solicitation, or internal research related to
13        marketing or opinion research or telephone
14        solicitation; and
15            (ii) the monitoring is used with the consent of at
16        least one person who is an active party to the
17        marketing or opinion research conversation or
18        telephone solicitation conversation being monitored.
19        No communication or conversation or any part, portion,
20    or aspect of the communication or conversation made,
21    acquired, or obtained, directly or indirectly, under this
22    exemption (j), may be, directly or indirectly, furnished
23    to any law enforcement officer, agency, or official for
24    any purpose or used in any inquiry or investigation, or
25    used, directly or indirectly, in any administrative,
26    judicial, or other proceeding, or divulged to any third

 

 

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1    party.
2        When recording or listening authorized by this
3    subsection (j) on telephone lines used for marketing or
4    opinion research or telephone solicitation purposes
5    results in recording or listening to a conversation that
6    does not relate to marketing or opinion research or
7    telephone solicitation; the person recording or listening
8    shall, immediately upon determining that the conversation
9    does not relate to marketing or opinion research or
10    telephone solicitation, terminate the recording or
11    listening and destroy any such recording as soon as is
12    practicable.
13        Business entities that use a telephone monitoring or
14    telephone recording system pursuant to this exemption (j)
15    shall provide current and prospective employees with
16    notice that the monitoring or recordings may occur during
17    the course of their employment. The notice shall include
18    prominent signage notification within the workplace.
19        Business entities that use a telephone monitoring or
20    telephone recording system pursuant to this exemption (j)
21    shall provide their employees or agents with access to
22    personal-only telephone lines which may be pay telephones,
23    that are not subject to telephone monitoring or telephone
24    recording.
25        For the purposes of this subsection (j), "telephone
26    solicitation" means a communication through the use of a

 

 

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1    telephone by live operators:
2            (i) soliciting the sale of goods or services;
3            (ii) receiving orders for the sale of goods or
4        services;
5            (iii) assisting in the use of goods or services;
6        or
7            (iv) engaging in the solicitation, administration,
8        or collection of bank or retail credit accounts.
9        For the purposes of this subsection (j), "marketing or
10    opinion research" means a marketing or opinion research
11    interview conducted by a live telephone interviewer
12    engaged by a corporation or other business entity whose
13    principal business is the design, conduct, and analysis of
14    polls and surveys measuring the opinions, attitudes, and
15    responses of respondents toward products and services, or
16    social or political issues, or both;
17        (k) Electronic recordings, including but not limited
18    to, a motion picture, videotape, digital, or other visual
19    or audio recording, made of a custodial interrogation of
20    an individual at a police station or other place of
21    detention by a law enforcement officer under Section
22    5-401.5 of the Juvenile Court Act of 1987 or Section
23    103-2.1 of the Code of Criminal Procedure of 1963;
24        (l) Recording the interview or statement of any person
25    when the person knows that the interview is being
26    conducted by a law enforcement officer or prosecutor and

 

 

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1    the interview takes place at a police station that is
2    currently participating in the Custodial Interview Pilot
3    Program established under the Illinois Criminal Justice
4    Information Act;
5        (m) An electronic recording, including but not limited
6    to, a motion picture, videotape, digital, or other visual
7    or audio recording, made of the interior of a school bus
8    while the school bus is being used in the transportation
9    of students to and from school and school-sponsored
10    activities, when the school board has adopted a policy
11    authorizing such recording, notice of such recording
12    policy is included in student handbooks and other
13    documents including the policies of the school, notice of
14    the policy regarding recording is provided to parents of
15    students, and notice of such recording is clearly posted
16    on the door of and inside the school bus.
17        Recordings made pursuant to this subsection (m) shall
18    be confidential records and may only be used by school
19    officials (or their designees) and law enforcement
20    personnel for investigations, school disciplinary actions
21    and hearings, proceedings under the Juvenile Court Act of
22    1987, and criminal prosecutions, related to incidents
23    occurring in or around the school bus;
24        (n) Recording or listening to an audio transmission
25    from a microphone placed by a person under the authority
26    of a law enforcement agency inside a bait car surveillance

 

 

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1    vehicle while simultaneously capturing a photographic or
2    video image;
3        (o) The use of an eavesdropping camera or audio device
4    during an ongoing hostage or barricade situation by a law
5    enforcement officer or individual acting on behalf of a
6    law enforcement officer when the use of such device is
7    necessary to protect the safety of the general public,
8    hostages, or law enforcement officers or anyone acting on
9    their behalf;
10        (p) Recording or listening with the aid of any device
11    to incoming telephone calls of phone lines publicly listed
12    or advertised as the "CPS Violence Prevention Hotline",
13    but only where the notice of recording is given at the
14    beginning of each call as required by Section 34-21.8 of
15    the School Code. The recordings may be retained only by
16    the Chicago Police Department or other law enforcement
17    authorities, and shall not be otherwise retained or
18    disseminated;
19        (q)(1) With prior request to and written or verbal
20    approval of the State's Attorney of the county in which
21    the conversation is anticipated to occur, recording or
22    listening with the aid of an eavesdropping device to a
23    conversation in which a law enforcement officer, or any
24    person acting at the direction of a law enforcement
25    officer, is a party to the conversation and has consented
26    to the conversation being intercepted or recorded in the

 

 

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1    course of an investigation of a qualified offense. The
2    State's Attorney may grant this approval only after
3    determining that reasonable cause exists to believe that
4    inculpatory conversations concerning a qualified offense
5    will occur with a specified individual or individuals
6    within a designated period of time.
7        (2) Request for approval. To invoke the exception
8    contained in this subsection (q), a law enforcement
9    officer shall make a request for approval to the
10    appropriate State's Attorney. The request may be written
11    or verbal; however, a written memorialization of the
12    request must be made by the State's Attorney. This request
13    for approval shall include whatever information is deemed
14    necessary by the State's Attorney but shall include, at a
15    minimum, the following information about each specified
16    individual whom the law enforcement officer believes will
17    commit a qualified offense:
18            (A) his or her full or partial name, nickname or
19        alias;
20            (B) a physical description; or
21            (C) failing either (A) or (B) of this paragraph
22        (2), any other supporting information known to the law
23        enforcement officer at the time of the request that
24        gives rise to reasonable cause to believe that the
25        specified individual will participate in an
26        inculpatory conversation concerning a qualified

 

 

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1        offense.
2        (3) Limitations on approval. Each written approval by
3    the State's Attorney under this subsection (q) shall be
4    limited to:
5            (A) a recording or interception conducted by a
6        specified law enforcement officer or person acting at
7        the direction of a law enforcement officer;
8            (B) recording or intercepting conversations with
9        the individuals specified in the request for approval,
10        provided that the verbal approval shall be deemed to
11        include the recording or intercepting of conversations
12        with other individuals, unknown to the law enforcement
13        officer at the time of the request for approval, who
14        are acting in conjunction with or as co-conspirators
15        with the individuals specified in the request for
16        approval in the commission of a qualified offense;
17            (C) a reasonable period of time but in no event
18        longer than 24 consecutive hours;
19            (D) the written request for approval, if
20        applicable, or the written memorialization must be
21        filed, along with the written approval, with the
22        circuit clerk of the jurisdiction on the next business
23        day following the expiration of the authorized period
24        of time, and shall be subject to review by the Chief
25        Judge or his or her designee as deemed appropriate by
26        the court.

 

 

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1        (3.5) The written memorialization of the request for
2    approval and the written approval by the State's Attorney
3    may be in any format, including via facsimile, email, or
4    otherwise, so long as it is capable of being filed with the
5    circuit clerk.
6        (3.10) Beginning March 1, 2015, each State's Attorney
7    shall annually submit a report to the General Assembly
8    disclosing:
9            (A) the number of requests for each qualified
10        offense for approval under this subsection; and
11            (B) the number of approvals for each qualified
12        offense given by the State's Attorney.
13        (4) Admissibility of evidence. No part of the contents
14    of any wire, electronic, or oral communication that has
15    been recorded or intercepted as a result of this exception
16    may be received in evidence in any trial, hearing, or
17    other proceeding in or before any court, grand jury,
18    department, officer, agency, regulatory body, legislative
19    committee, or other authority of this State, or a
20    political subdivision of the State, other than in a
21    prosecution of:
22            (A) the qualified offense for which approval was
23        given to record or intercept a conversation under this
24        subsection (q);
25            (B) a forcible felony committed directly in the
26        course of the investigation of the qualified offense

 

 

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1        for which approval was given to record or intercept a
2        conversation under this subsection (q); or
3            (C) any other forcible felony committed while the
4        recording or interception was approved in accordance
5        with this subsection (q), but for this specific
6        category of prosecutions, only if the law enforcement
7        officer or person acting at the direction of a law
8        enforcement officer who has consented to the
9        conversation being intercepted or recorded suffers
10        great bodily injury or is killed during the commission
11        of the charged forcible felony.
12        (5) Compliance with the provisions of this subsection
13    is a prerequisite to the admissibility in evidence of any
14    part of the contents of any wire, electronic or oral
15    communication that has been intercepted as a result of
16    this exception, but nothing in this subsection shall be
17    deemed to prevent a court from otherwise excluding the
18    evidence on any other ground recognized by State or
19    federal law, nor shall anything in this subsection be
20    deemed to prevent a court from independently reviewing the
21    admissibility of the evidence for compliance with the
22    Fourth Amendment to the U.S. Constitution or with Article
23    I, Section 6 of the Illinois Constitution.
24        (6) Use of recordings or intercepts unrelated to
25    qualified offenses. Whenever any private conversation or
26    private electronic communication has been recorded or

 

 

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1    intercepted as a result of this exception that is not
2    related to an offense for which the recording or intercept
3    is admissible under paragraph (4) of this subsection (q),
4    no part of the contents of the communication and evidence
5    derived from the communication may be received in evidence
6    in any trial, hearing, or other proceeding in or before
7    any court, grand jury, department, officer, agency,
8    regulatory body, legislative committee, or other authority
9    of this State, or a political subdivision of the State,
10    nor may it be publicly disclosed in any way.
11        (6.5) The Illinois Department of State Police shall
12    adopt rules as are necessary concerning the use of
13    devices, retention of recordings, and reports regarding
14    their use under this subsection (q).
15        (7) Definitions. For the purposes of this subsection
16    (q) only:
17            "Forcible felony" includes and is limited to those
18        offenses contained in Section 2-8 of the Criminal Code
19        of 1961 as of the effective date of this amendatory Act
20        of the 97th General Assembly, and only as those
21        offenses have been defined by law or judicial
22        interpretation as of that date.
23            "Qualified offense" means and is limited to:
24                (A) a felony violation of the Cannabis Control
25            Act, the Illinois Controlled Substances Act, or
26            the Methamphetamine Control and Community

 

 

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1            Protection Act, except for violations of:
2                    (i) Section 4 of the Cannabis Control Act;
3                    (ii) Section 402 of the Illinois
4                Controlled Substances Act; and
5                    (iii) Section 60 of the Methamphetamine
6                Control and Community Protection Act; and
7                (B) first degree murder, solicitation of
8            murder for hire, predatory criminal sexual assault
9            of a child, criminal sexual assault, aggravated
10            criminal sexual assault, aggravated arson,
11            kidnapping, aggravated kidnapping, child
12            abduction, trafficking in persons, involuntary
13            servitude, involuntary sexual servitude of a
14            minor, or gunrunning.
15            "State's Attorney" includes and is limited to the
16        State's Attorney or an assistant State's Attorney
17        designated by the State's Attorney to provide verbal
18        approval to record or intercept conversations under
19        this subsection (q).
20        (8) Sunset. This subsection (q) is inoperative on and
21    after January 1, 2023. No conversations intercepted
22    pursuant to this subsection (q), while operative, shall be
23    inadmissible in a court of law by virtue of the
24    inoperability of this subsection (q) on January 1, 2023.
25        (9) Recordings, records, and custody. Any private
26    conversation or private electronic communication

 

 

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1    intercepted by a law enforcement officer or a person
2    acting at the direction of law enforcement shall, if
3    practicable, be recorded in such a way as will protect the
4    recording from editing or other alteration. Any and all
5    original recordings made under this subsection (q) shall
6    be inventoried without unnecessary delay pursuant to the
7    law enforcement agency's policies for inventorying
8    evidence. The original recordings shall not be destroyed
9    except upon an order of a court of competent jurisdiction;
10    and
11        (r) Electronic recordings, including but not limited
12    to, motion picture, videotape, digital, or other visual or
13    audio recording, made of a lineup under Section 107A-2 of
14    the Code of Criminal Procedure of 1963.
15(Source: P.A. 100-572, eff. 12-29-17; 101-80, eff. 7-12-19.)
 
16    (720 ILCS 5/17-6.3)
17    Sec. 17-6.3. WIC fraud.
18    (a) For the purposes of this Section, the Special
19Supplemental Food Program for Women, Infants and Children
20administered by the Illinois Department of Public Health or
21Department of Human Services shall be referred to as "WIC".
22    (b) A person commits WIC fraud if he or she knowingly (i)
23uses, acquires, possesses, or transfers WIC Food Instruments
24or authorizations to participate in WIC in any manner not
25authorized by law or the rules of the Illinois Department of

 

 

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1Public Health or Department of Human Services or (ii) uses,
2acquires, possesses, or transfers altered WIC Food Instruments
3or authorizations to participate in WIC.
4    (c) Administrative malfeasance.
5        (1) A person commits administrative malfeasance if he
6    or she knowingly or recklessly misappropriates, misuses,
7    or unlawfully withholds or converts to his or her own use
8    or to the use of another any public funds made available
9    for WIC.
10        (2) An official or employee of the State or a unit of
11    local government who knowingly aids, abets, assists, or
12    participates in a known violation of this Section is
13    subject to disciplinary proceedings under the rules of the
14    applicable State agency or unit of local government.
15    (d) Unauthorized possession of identification document. A
16person commits unauthorized possession of an identification
17document if he or she knowingly possesses, with intent to
18commit a misdemeanor or felony, another person's
19identification document issued by the Illinois Department of
20Public Health or Department of Human Services. For purposes of
21this Section, "identification document" includes, but is not
22limited to, an authorization to participate in WIC or a card or
23other document that identifies a person as being entitled to
24WIC benefits.
25    (e) Penalties.
26        (1) If an individual, firm, corporation, association,

 

 

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1    agency, institution, or other legal entity is found by a
2    court to have engaged in an act, practice, or course of
3    conduct declared unlawful under subsection (a), (b), or
4    (c) of this Section and:
5            (A) the total amount of money involved in the
6        violation, including the monetary value of the WIC
7        Food Instruments and the value of commodities, is less
8        than $150, the violation is a Class A misdemeanor; a
9        second or subsequent violation is a Class 4 felony;
10            (B) the total amount of money involved in the
11        violation, including the monetary value of the WIC
12        Food Instruments and the value of commodities, is $150
13        or more but less than $1,000, the violation is a Class
14        4 felony; a second or subsequent violation is a Class 3
15        felony;
16            (C) the total amount of money involved in the
17        violation, including the monetary value of the WIC
18        Food Instruments and the value of commodities, is
19        $1,000 or more but less than $5,000, the violation is a
20        Class 3 felony; a second or subsequent violation is a
21        Class 2 felony;
22            (D) the total amount of money involved in the
23        violation, including the monetary value of the WIC
24        Food Instruments and the value of commodities, is
25        $5,000 or more but less than $10,000, the violation is
26        a Class 2 felony; a second or subsequent violation is a

 

 

HB3655- 1838 -LRB102 16922 WGH 22334 b

1        Class 1 felony; or
2            (E) the total amount of money involved in the
3        violation, including the monetary value of the WIC
4        Food Instruments and the value of commodities, is
5        $10,000 or more, the violation is a Class 1 felony and
6        the defendant shall be permanently ineligible to
7        participate in WIC.
8        (2) A violation of subsection (d) is a Class 4 felony.
9        (3) The State's Attorney of the county in which the
10    violation of this Section occurred or the Attorney General
11    shall bring actions arising under this Section in the name
12    of the People of the State of Illinois.
13        (4) For purposes of determining the classification of
14    an offense under this subsection (e), all of the money
15    received as a result of the unlawful act, practice, or
16    course of conduct, including the value of any WIC Food
17    Instruments and the value of commodities, shall be
18    aggregated.
19    (f) Seizure and forfeiture of property.
20        (1) A person who commits a felony violation of this
21    Section is subject to the property forfeiture provisions
22    set forth in Article 124B of the Code of Criminal
23    Procedure of 1963.
24        (2) Property subject to forfeiture under this
25    subsection (f) may be seized by the Director of the
26    Illinois State Police or any local law enforcement agency

 

 

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1    upon process or seizure warrant issued by any court having
2    jurisdiction over the property. The Director or a local
3    law enforcement agency may seize property under this
4    subsection (f) without process under any of the following
5    circumstances:
6            (A) If the seizure is incident to inspection under
7        an administrative inspection warrant.
8            (B) If the property subject to seizure has been
9        the subject of a prior judgment in favor of the State
10        in a criminal proceeding or in an injunction or
11        forfeiture proceeding under Article 124B of the Code
12        of Criminal Procedure of 1963.
13            (C) If there is probable cause to believe that the
14        property is directly or indirectly dangerous to health
15        or safety.
16            (D) If there is probable cause to believe that the
17        property is subject to forfeiture under this
18        subsection (f) and Article 124B of the Code of
19        Criminal Procedure of 1963 and the property is seized
20        under circumstances in which a warrantless seizure or
21        arrest would be reasonable.
22            (E) In accordance with the Code of Criminal
23        Procedure of 1963.
24    (g) Future participation as WIC vendor. A person who has
25been convicted of a felony violation of this Section is
26prohibited from participating as a WIC vendor for a minimum

 

 

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1period of 3 years following conviction and until the total
2amount of money involved in the violation, including the value
3of WIC Food Instruments and the value of commodities, is
4repaid to WIC. This prohibition shall extend to any person
5with management responsibility in a firm, corporation,
6association, agency, institution, or other legal entity that
7has been convicted of a violation of this Section and to an
8officer or person owning, directly or indirectly, 5% or more
9of the shares of stock or other evidences of ownership in a
10corporate vendor.
11(Source: P.A. 96-1551, eff. 7-1-11.)
 
12    (720 ILCS 5/24-1)  (from Ch. 38, par. 24-1)
13    Sec. 24-1. Unlawful use of weapons.
14    (a) A person commits the offense of unlawful use of
15weapons when he knowingly:
16        (1) Sells, manufactures, purchases, possesses or
17    carries any bludgeon, black-jack, slung-shot, sand-club,
18    sand-bag, metal knuckles or other knuckle weapon
19    regardless of its composition, throwing star, or any
20    knife, commonly referred to as a switchblade knife, which
21    has a blade that opens automatically by hand pressure
22    applied to a button, spring or other device in the handle
23    of the knife, or a ballistic knife, which is a device that
24    propels a knifelike blade as a projectile by means of a
25    coil spring, elastic material or compressed gas; or

 

 

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1        (2) Carries or possesses with intent to use the same
2    unlawfully against another, a dagger, dirk, billy,
3    dangerous knife, razor, stiletto, broken bottle or other
4    piece of glass, stun gun or taser or any other dangerous or
5    deadly weapon or instrument of like character; or
6        (2.5) Carries or possesses with intent to use the same
7    unlawfully against another, any firearm in a church,
8    synagogue, mosque, or other building, structure, or place
9    used for religious worship; or
10        (3) Carries on or about his person or in any vehicle, a
11    tear gas gun projector or bomb or any object containing
12    noxious liquid gas or substance, other than an object
13    containing a non-lethal noxious liquid gas or substance
14    designed solely for personal defense carried by a person
15    18 years of age or older; or
16        (4) Carries or possesses in any vehicle or concealed
17    on or about his person except when on his land or in his
18    own abode, legal dwelling, or fixed place of business, or
19    on the land or in the legal dwelling of another person as
20    an invitee with that person's permission, any pistol,
21    revolver, stun gun or taser or other firearm, except that
22    this subsection (a) (4) does not apply to or affect
23    transportation of weapons that meet one of the following
24    conditions:
25            (i) are broken down in a non-functioning state; or
26            (ii) are not immediately accessible; or

 

 

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1            (iii) are unloaded and enclosed in a case, firearm
2        carrying box, shipping box, or other container by a
3        person who has been issued a currently valid Firearm
4        Owner's Identification Card; or
5            (iv) are carried or possessed in accordance with
6        the Firearm Concealed Carry Act by a person who has
7        been issued a currently valid license under the
8        Firearm Concealed Carry Act; or
9        (5) Sets a spring gun; or
10        (6) Possesses any device or attachment of any kind
11    designed, used or intended for use in silencing the report
12    of any firearm; or
13        (7) Sells, manufactures, purchases, possesses or
14    carries:
15            (i) a machine gun, which shall be defined for the
16        purposes of this subsection as any weapon, which
17        shoots, is designed to shoot, or can be readily
18        restored to shoot, automatically more than one shot
19        without manually reloading by a single function of the
20        trigger, including the frame or receiver of any such
21        weapon, or sells, manufactures, purchases, possesses,
22        or carries any combination of parts designed or
23        intended for use in converting any weapon into a
24        machine gun, or any combination or parts from which a
25        machine gun can be assembled if such parts are in the
26        possession or under the control of a person;

 

 

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1            (ii) any rifle having one or more barrels less
2        than 16 inches in length or a shotgun having one or
3        more barrels less than 18 inches in length or any
4        weapon made from a rifle or shotgun, whether by
5        alteration, modification, or otherwise, if such a
6        weapon as modified has an overall length of less than
7        26 inches; or
8            (iii) any bomb, bomb-shell, grenade, bottle or
9        other container containing an explosive substance of
10        over one-quarter ounce for like purposes, such as, but
11        not limited to, black powder bombs and Molotov
12        cocktails or artillery projectiles; or
13        (8) Carries or possesses any firearm, stun gun or
14    taser or other deadly weapon in any place which is
15    licensed to sell intoxicating beverages, or at any public
16    gathering held pursuant to a license issued by any
17    governmental body or any public gathering at which an
18    admission is charged, excluding a place where a showing,
19    demonstration or lecture involving the exhibition of
20    unloaded firearms is conducted.
21        This subsection (a)(8) does not apply to any auction
22    or raffle of a firearm held pursuant to a license or permit
23    issued by a governmental body, nor does it apply to
24    persons engaged in firearm safety training courses; or
25        (9) Carries or possesses in a vehicle or on or about
26    his or her person any pistol, revolver, stun gun or taser

 

 

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1    or firearm or ballistic knife, when he or she is hooded,
2    robed or masked in such manner as to conceal his or her
3    identity; or
4        (10) Carries or possesses on or about his or her
5    person, upon any public street, alley, or other public
6    lands within the corporate limits of a city, village, or
7    incorporated town, except when an invitee thereon or
8    therein, for the purpose of the display of such weapon or
9    the lawful commerce in weapons, or except when on his land
10    or in his or her own abode, legal dwelling, or fixed place
11    of business, or on the land or in the legal dwelling of
12    another person as an invitee with that person's
13    permission, any pistol, revolver, stun gun, or taser or
14    other firearm, except that this subsection (a) (10) does
15    not apply to or affect transportation of weapons that meet
16    one of the following conditions:
17            (i) are broken down in a non-functioning state; or
18            (ii) are not immediately accessible; or
19            (iii) are unloaded and enclosed in a case, firearm
20        carrying box, shipping box, or other container by a
21        person who has been issued a currently valid Firearm
22        Owner's Identification Card; or
23            (iv) are carried or possessed in accordance with
24        the Firearm Concealed Carry Act by a person who has
25        been issued a currently valid license under the
26        Firearm Concealed Carry Act.

 

 

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1        A "stun gun or taser", as used in this paragraph (a)
2    means (i) any device which is powered by electrical
3    charging units, such as, batteries, and which fires one or
4    several barbs attached to a length of wire and which, upon
5    hitting a human, can send out a current capable of
6    disrupting the person's nervous system in such a manner as
7    to render him incapable of normal functioning or (ii) any
8    device which is powered by electrical charging units, such
9    as batteries, and which, upon contact with a human or
10    clothing worn by a human, can send out current capable of
11    disrupting the person's nervous system in such a manner as
12    to render him incapable of normal functioning; or
13        (11) Sells, manufactures, or purchases any explosive
14    bullet. For purposes of this paragraph (a) "explosive
15    bullet" means the projectile portion of an ammunition
16    cartridge which contains or carries an explosive charge
17    which will explode upon contact with the flesh of a human
18    or an animal. "Cartridge" means a tubular metal case
19    having a projectile affixed at the front thereof and a cap
20    or primer at the rear end thereof, with the propellant
21    contained in such tube between the projectile and the cap;
22    or
23        (12) (Blank); or
24        (13) Carries or possesses on or about his or her
25    person while in a building occupied by a unit of
26    government, a billy club, other weapon of like character,

 

 

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1    or other instrument of like character intended for use as
2    a weapon. For the purposes of this Section, "billy club"
3    means a short stick or club commonly carried by police
4    officers which is either telescopic or constructed of a
5    solid piece of wood or other man-made material.
6    (b) Sentence. A person convicted of a violation of
7subsection 24-1(a)(1) through (5), subsection 24-1(a)(10),
8subsection 24-1(a)(11), or subsection 24-1(a)(13) commits a
9Class A misdemeanor. A person convicted of a violation of
10subsection 24-1(a)(8) or 24-1(a)(9) commits a Class 4 felony;
11a person convicted of a violation of subsection 24-1(a)(6) or
1224-1(a)(7)(ii) or (iii) commits a Class 3 felony. A person
13convicted of a violation of subsection 24-1(a)(7)(i) commits a
14Class 2 felony and shall be sentenced to a term of imprisonment
15of not less than 3 years and not more than 7 years, unless the
16weapon is possessed in the passenger compartment of a motor
17vehicle as defined in Section 1-146 of the Illinois Vehicle
18Code, or on the person, while the weapon is loaded, in which
19case it shall be a Class X felony. A person convicted of a
20second or subsequent violation of subsection 24-1(a)(4),
2124-1(a)(8), 24-1(a)(9), or 24-1(a)(10) commits a Class 3
22felony. A person convicted of a violation of subsection
2324-1(a)(2.5) commits a Class 2 felony. The possession of each
24weapon in violation of this Section constitutes a single and
25separate violation.
26    (c) Violations in specific places.

 

 

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1        (1) A person who violates subsection 24-1(a)(6) or
2    24-1(a)(7) in any school, regardless of the time of day or
3    the time of year, in residential property owned, operated
4    or managed by a public housing agency or leased by a public
5    housing agency as part of a scattered site or mixed-income
6    development, in a public park, in a courthouse, on the
7    real property comprising any school, regardless of the
8    time of day or the time of year, on residential property
9    owned, operated or managed by a public housing agency or
10    leased by a public housing agency as part of a scattered
11    site or mixed-income development, on the real property
12    comprising any public park, on the real property
13    comprising any courthouse, in any conveyance owned, leased
14    or contracted by a school to transport students to or from
15    school or a school related activity, in any conveyance
16    owned, leased, or contracted by a public transportation
17    agency, or on any public way within 1,000 feet of the real
18    property comprising any school, public park, courthouse,
19    public transportation facility, or residential property
20    owned, operated, or managed by a public housing agency or
21    leased by a public housing agency as part of a scattered
22    site or mixed-income development commits a Class 2 felony
23    and shall be sentenced to a term of imprisonment of not
24    less than 3 years and not more than 7 years.
25        (1.5) A person who violates subsection 24-1(a)(4),
26    24-1(a)(9), or 24-1(a)(10) in any school, regardless of

 

 

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1    the time of day or the time of year, in residential
2    property owned, operated, or managed by a public housing
3    agency or leased by a public housing agency as part of a
4    scattered site or mixed-income development, in a public
5    park, in a courthouse, on the real property comprising any
6    school, regardless of the time of day or the time of year,
7    on residential property owned, operated, or managed by a
8    public housing agency or leased by a public housing agency
9    as part of a scattered site or mixed-income development,
10    on the real property comprising any public park, on the
11    real property comprising any courthouse, in any conveyance
12    owned, leased, or contracted by a school to transport
13    students to or from school or a school related activity,
14    in any conveyance owned, leased, or contracted by a public
15    transportation agency, or on any public way within 1,000
16    feet of the real property comprising any school, public
17    park, courthouse, public transportation facility, or
18    residential property owned, operated, or managed by a
19    public housing agency or leased by a public housing agency
20    as part of a scattered site or mixed-income development
21    commits a Class 3 felony.
22        (2) A person who violates subsection 24-1(a)(1),
23    24-1(a)(2), or 24-1(a)(3) in any school, regardless of the
24    time of day or the time of year, in residential property
25    owned, operated or managed by a public housing agency or
26    leased by a public housing agency as part of a scattered

 

 

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1    site or mixed-income development, in a public park, in a
2    courthouse, on the real property comprising any school,
3    regardless of the time of day or the time of year, on
4    residential property owned, operated or managed by a
5    public housing agency or leased by a public housing agency
6    as part of a scattered site or mixed-income development,
7    on the real property comprising any public park, on the
8    real property comprising any courthouse, in any conveyance
9    owned, leased or contracted by a school to transport
10    students to or from school or a school related activity,
11    in any conveyance owned, leased, or contracted by a public
12    transportation agency, or on any public way within 1,000
13    feet of the real property comprising any school, public
14    park, courthouse, public transportation facility, or
15    residential property owned, operated, or managed by a
16    public housing agency or leased by a public housing agency
17    as part of a scattered site or mixed-income development
18    commits a Class 4 felony. "Courthouse" means any building
19    that is used by the Circuit, Appellate, or Supreme Court
20    of this State for the conduct of official business.
21        (3) Paragraphs (1), (1.5), and (2) of this subsection
22    (c) shall not apply to law enforcement officers or
23    security officers of such school, college, or university
24    or to students carrying or possessing firearms for use in
25    training courses, parades, hunting, target shooting on
26    school ranges, or otherwise with the consent of school

 

 

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1    authorities and which firearms are transported unloaded
2    enclosed in a suitable case, box, or transportation
3    package.
4        (4) For the purposes of this subsection (c), "school"
5    means any public or private elementary or secondary
6    school, community college, college, or university.
7        (5) For the purposes of this subsection (c), "public
8    transportation agency" means a public or private agency
9    that provides for the transportation or conveyance of
10    persons by means available to the general public, except
11    for transportation by automobiles not used for conveyance
12    of the general public as passengers; and "public
13    transportation facility" means a terminal or other place
14    where one may obtain public transportation.
15    (d) The presence in an automobile other than a public
16omnibus of any weapon, instrument or substance referred to in
17subsection (a)(7) is prima facie evidence that it is in the
18possession of, and is being carried by, all persons occupying
19such automobile at the time such weapon, instrument or
20substance is found, except under the following circumstances:
21(i) if such weapon, instrument or instrumentality is found
22upon the person of one of the occupants therein; or (ii) if
23such weapon, instrument or substance is found in an automobile
24operated for hire by a duly licensed driver in the due, lawful
25and proper pursuit of his or her trade, then such presumption
26shall not apply to the driver.

 

 

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1    (e) Exemptions.
2        (1) Crossbows, Common or Compound bows and Underwater
3    Spearguns are exempted from the definition of ballistic
4    knife as defined in paragraph (1) of subsection (a) of
5    this Section.
6        (2) The provision of paragraph (1) of subsection (a)
7    of this Section prohibiting the sale, manufacture,
8    purchase, possession, or carrying of any knife, commonly
9    referred to as a switchblade knife, which has a blade that
10    opens automatically by hand pressure applied to a button,
11    spring or other device in the handle of the knife, does not
12    apply to a person who possesses a currently valid Firearm
13    Owner's Identification Card previously issued in his or
14    her name by the Illinois Department of State Police or to a
15    person or an entity engaged in the business of selling or
16    manufacturing switchblade knives.
17(Source: P.A. 100-82, eff. 8-11-17; 101-223, eff. 1-1-20.)
 
18    (720 ILCS 5/24-1.1)  (from Ch. 38, par. 24-1.1)
19    Sec. 24-1.1. Unlawful use or possession of weapons by
20felons or persons in the custody of the Department of
21Corrections facilities.
22    (a) It is unlawful for a person to knowingly possess on or
23about his person or on his land or in his own abode or fixed
24place of business any weapon prohibited under Section 24-1 of
25this Act or any firearm or any firearm ammunition if the person

 

 

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1has been convicted of a felony under the laws of this State or
2any other jurisdiction. This Section shall not apply if the
3person has been granted relief by the Director of the Illinois
4Department of State Police under Section 10 of the Firearm
5Owners Identification Card Act.
6    (b) It is unlawful for any person confined in a penal
7institution, which is a facility of the Illinois Department of
8Corrections, to possess any weapon prohibited under Section
924-1 of this Code or any firearm or firearm ammunition,
10regardless of the intent with which he possesses it.
11    (c) It shall be an affirmative defense to a violation of
12subsection (b), that such possession was specifically
13authorized by rule, regulation, or directive of the Illinois
14Department of Corrections or order issued pursuant thereto.
15    (d) The defense of necessity is not available to a person
16who is charged with a violation of subsection (b) of this
17Section.
18    (e) Sentence. Violation of this Section by a person not
19confined in a penal institution shall be a Class 3 felony for
20which the person shall be sentenced to no less than 2 years and
21no more than 10 years. A second or subsequent violation of this
22Section shall be a Class 2 felony for which the person shall be
23sentenced to a term of imprisonment of not less than 3 years
24and not more than 14 years, except as provided for in Section
255-4.5-110 of the Unified Code of Corrections. Violation of
26this Section by a person not confined in a penal institution

 

 

HB3655- 1853 -LRB102 16922 WGH 22334 b

1who has been convicted of a forcible felony, a felony
2violation of Article 24 of this Code or of the Firearm Owners
3Identification Card Act, stalking or aggravated stalking, or a
4Class 2 or greater felony under the Illinois Controlled
5Substances Act, the Cannabis Control Act, or the
6Methamphetamine Control and Community Protection Act is a
7Class 2 felony for which the person shall be sentenced to not
8less than 3 years and not more than 14 years, except as
9provided for in Section 5-4.5-110 of the Unified Code of
10Corrections. Violation of this Section by a person who is on
11parole or mandatory supervised release is a Class 2 felony for
12which the person shall be sentenced to not less than 3 years
13and not more than 14 years, except as provided for in Section
145-4.5-110 of the Unified Code of Corrections. Violation of
15this Section by a person not confined in a penal institution is
16a Class X felony when the firearm possessed is a machine gun.
17Any person who violates this Section while confined in a penal
18institution, which is a facility of the Illinois Department of
19Corrections, is guilty of a Class 1 felony, if he possesses any
20weapon prohibited under Section 24-1 of this Code regardless
21of the intent with which he possesses it, a Class X felony if
22he possesses any firearm, firearm ammunition or explosive, and
23a Class X felony for which the offender shall be sentenced to
24not less than 12 years and not more than 50 years when the
25firearm possessed is a machine gun. A violation of this
26Section while wearing or in possession of body armor as

 

 

HB3655- 1854 -LRB102 16922 WGH 22334 b

1defined in Section 33F-1 is a Class X felony punishable by a
2term of imprisonment of not less than 10 years and not more
3than 40 years. The possession of each firearm or firearm
4ammunition in violation of this Section constitutes a single
5and separate violation.
6(Source: P.A. 100-3, eff. 1-1-18.)
 
7    (720 ILCS 5/24-3)  (from Ch. 38, par. 24-3)
8    Sec. 24-3. Unlawful sale or delivery of firearms.
9    (A) A person commits the offense of unlawful sale or
10delivery of firearms when he or she knowingly does any of the
11following:
12        (a) Sells or gives any firearm of a size which may be
13    concealed upon the person to any person under 18 years of
14    age.
15        (b) Sells or gives any firearm to a person under 21
16    years of age who has been convicted of a misdemeanor other
17    than a traffic offense or adjudged delinquent.
18        (c) Sells or gives any firearm to any narcotic addict.
19        (d) Sells or gives any firearm to any person who has
20    been convicted of a felony under the laws of this or any
21    other jurisdiction.
22        (e) Sells or gives any firearm to any person who has
23    been a patient in a mental institution within the past 5
24    years. In this subsection (e):
25            "Mental institution" means any hospital,

 

 

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1        institution, clinic, evaluation facility, mental
2        health center, or part thereof, which is used
3        primarily for the care or treatment of persons with
4        mental illness.
5            "Patient in a mental institution" means the person
6        was admitted, either voluntarily or involuntarily, to
7        a mental institution for mental health treatment,
8        unless the treatment was voluntary and solely for an
9        alcohol abuse disorder and no other secondary
10        substance abuse disorder or mental illness.
11        (f) Sells or gives any firearms to any person who is a
12    person with an intellectual disability.
13        (g) Delivers any firearm, incidental to a sale,
14    without withholding delivery of the firearm for at least
15    72 hours after application for its purchase has been made,
16    or delivers a stun gun or taser, incidental to a sale,
17    without withholding delivery of the stun gun or taser for
18    at least 24 hours after application for its purchase has
19    been made. However, this paragraph (g) does not apply to:
20    (1) the sale of a firearm to a law enforcement officer if
21    the seller of the firearm knows that the person to whom he
22    or she is selling the firearm is a law enforcement officer
23    or the sale of a firearm to a person who desires to
24    purchase a firearm for use in promoting the public
25    interest incident to his or her employment as a bank
26    guard, armed truck guard, or other similar employment; (2)

 

 

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1    a mail order sale of a firearm from a federally licensed
2    firearms dealer to a nonresident of Illinois under which
3    the firearm is mailed to a federally licensed firearms
4    dealer outside the boundaries of Illinois; (3) (blank);
5    (4) the sale of a firearm to a dealer licensed as a federal
6    firearms dealer under Section 923 of the federal Gun
7    Control Act of 1968 (18 U.S.C. 923); or (5) the transfer or
8    sale of any rifle, shotgun, or other long gun to a resident
9    registered competitor or attendee or non-resident
10    registered competitor or attendee by any dealer licensed
11    as a federal firearms dealer under Section 923 of the
12    federal Gun Control Act of 1968 at competitive shooting
13    events held at the World Shooting Complex sanctioned by a
14    national governing body. For purposes of transfers or
15    sales under subparagraph (5) of this paragraph (g), the
16    Department of Natural Resources shall give notice to the
17    Illinois Department of State Police at least 30 calendar
18    days prior to any competitive shooting events at the World
19    Shooting Complex sanctioned by a national governing body.
20    The notification shall be made on a form prescribed by the
21    Illinois Department of State Police. The sanctioning body
22    shall provide a list of all registered competitors and
23    attendees at least 24 hours before the events to the
24    Illinois Department of State Police. Any changes to the
25    list of registered competitors and attendees shall be
26    forwarded to the Illinois Department of State Police as

 

 

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1    soon as practicable. The Illinois Department of State
2    Police must destroy the list of registered competitors and
3    attendees no later than 30 days after the date of the
4    event. Nothing in this paragraph (g) relieves a federally
5    licensed firearm dealer from the requirements of
6    conducting a NICS background check through the Illinois
7    Point of Contact under 18 U.S.C. 922(t). For purposes of
8    this paragraph (g), "application" means when the buyer and
9    seller reach an agreement to purchase a firearm. For
10    purposes of this paragraph (g), "national governing body"
11    means a group of persons who adopt rules and formulate
12    policy on behalf of a national firearm sporting
13    organization.
14        (h) While holding any license as a dealer, importer,
15    manufacturer or pawnbroker under the federal Gun Control
16    Act of 1968, manufactures, sells or delivers to any
17    unlicensed person a handgun having a barrel, slide, frame
18    or receiver which is a die casting of zinc alloy or any
19    other nonhomogeneous metal which will melt or deform at a
20    temperature of less than 800 degrees Fahrenheit. For
21    purposes of this paragraph, (1) "firearm" is defined as in
22    the Firearm Owners Identification Card Act; and (2)
23    "handgun" is defined as a firearm designed to be held and
24    fired by the use of a single hand, and includes a
25    combination of parts from which such a firearm can be
26    assembled.

 

 

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1        (i) Sells or gives a firearm of any size to any person
2    under 18 years of age who does not possess a valid Firearm
3    Owner's Identification Card.
4        (j) Sells or gives a firearm while engaged in the
5    business of selling firearms at wholesale or retail
6    without being licensed as a federal firearms dealer under
7    Section 923 of the federal Gun Control Act of 1968 (18
8    U.S.C. 923). In this paragraph (j):
9        A person "engaged in the business" means a person who
10    devotes time, attention, and labor to engaging in the
11    activity as a regular course of trade or business with the
12    principal objective of livelihood and profit, but does not
13    include a person who makes occasional repairs of firearms
14    or who occasionally fits special barrels, stocks, or
15    trigger mechanisms to firearms.
16        "With the principal objective of livelihood and
17    profit" means that the intent underlying the sale or
18    disposition of firearms is predominantly one of obtaining
19    livelihood and pecuniary gain, as opposed to other
20    intents, such as improving or liquidating a personal
21    firearms collection; however, proof of profit shall not be
22    required as to a person who engages in the regular and
23    repetitive purchase and disposition of firearms for
24    criminal purposes or terrorism.
25        (k) Sells or transfers ownership of a firearm to a
26    person who does not display to the seller or transferor of

 

 

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1    the firearm either: (1) a currently valid Firearm Owner's
2    Identification Card that has previously been issued in the
3    transferee's name by the Illinois Department of State
4    Police under the provisions of the Firearm Owners
5    Identification Card Act; or (2) a currently valid license
6    to carry a concealed firearm that has previously been
7    issued in the transferee's name by the Illinois Department
8    of State Police under the Firearm Concealed Carry Act.
9    This paragraph (k) does not apply to the transfer of a
10    firearm to a person who is exempt from the requirement of
11    possessing a Firearm Owner's Identification Card under
12    Section 2 of the Firearm Owners Identification Card Act.
13    For the purposes of this Section, a currently valid
14    Firearm Owner's Identification Card means (i) a Firearm
15    Owner's Identification Card that has not expired or (ii)
16    an approval number issued in accordance with subsection
17    (a-10) of subsection 3 or Section 3.1 of the Firearm
18    Owners Identification Card Act shall be proof that the
19    Firearm Owner's Identification Card was valid.
20            (1) In addition to the other requirements of this
21        paragraph (k), all persons who are not federally
22        licensed firearms dealers must also have complied with
23        subsection (a-10) of Section 3 of the Firearm Owners
24        Identification Card Act by determining the validity of
25        a purchaser's Firearm Owner's Identification Card.
26            (2) All sellers or transferors who have complied

 

 

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1        with the requirements of subparagraph (1) of this
2        paragraph (k) shall not be liable for damages in any
3        civil action arising from the use or misuse by the
4        transferee of the firearm transferred, except for
5        willful or wanton misconduct on the part of the seller
6        or transferor.
7        (l) Not being entitled to the possession of a firearm,
8    delivers the firearm, knowing it to have been stolen or
9    converted. It may be inferred that a person who possesses
10    a firearm with knowledge that its serial number has been
11    removed or altered has knowledge that the firearm is
12    stolen or converted.
13    (B) Paragraph (h) of subsection (A) does not include
14firearms sold within 6 months after enactment of Public Act
1578-355 (approved August 21, 1973, effective October 1, 1973),
16nor is any firearm legally owned or possessed by any citizen or
17purchased by any citizen within 6 months after the enactment
18of Public Act 78-355 subject to confiscation or seizure under
19the provisions of that Public Act. Nothing in Public Act
2078-355 shall be construed to prohibit the gift or trade of any
21firearm if that firearm was legally held or acquired within 6
22months after the enactment of that Public Act.
23    (C) Sentence.
24        (1) Any person convicted of unlawful sale or delivery
25    of firearms in violation of paragraph (c), (e), (f), (g),
26    or (h) of subsection (A) commits a Class 4 felony.

 

 

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1        (2) Any person convicted of unlawful sale or delivery
2    of firearms in violation of paragraph (b) or (i) of
3    subsection (A) commits a Class 3 felony.
4        (3) Any person convicted of unlawful sale or delivery
5    of firearms in violation of paragraph (a) of subsection
6    (A) commits a Class 2 felony.
7        (4) Any person convicted of unlawful sale or delivery
8    of firearms in violation of paragraph (a), (b), or (i) of
9    subsection (A) in any school, on the real property
10    comprising a school, within 1,000 feet of the real
11    property comprising a school, at a school related
12    activity, or on or within 1,000 feet of any conveyance
13    owned, leased, or contracted by a school or school
14    district to transport students to or from school or a
15    school related activity, regardless of the time of day or
16    time of year at which the offense was committed, commits a
17    Class 1 felony. Any person convicted of a second or
18    subsequent violation of unlawful sale or delivery of
19    firearms in violation of paragraph (a), (b), or (i) of
20    subsection (A) in any school, on the real property
21    comprising a school, within 1,000 feet of the real
22    property comprising a school, at a school related
23    activity, or on or within 1,000 feet of any conveyance
24    owned, leased, or contracted by a school or school
25    district to transport students to or from school or a
26    school related activity, regardless of the time of day or

 

 

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1    time of year at which the offense was committed, commits a
2    Class 1 felony for which the sentence shall be a term of
3    imprisonment of no less than 5 years and no more than 15
4    years.
5        (5) Any person convicted of unlawful sale or delivery
6    of firearms in violation of paragraph (a) or (i) of
7    subsection (A) in residential property owned, operated, or
8    managed by a public housing agency or leased by a public
9    housing agency as part of a scattered site or mixed-income
10    development, in a public park, in a courthouse, on
11    residential property owned, operated, or managed by a
12    public housing agency or leased by a public housing agency
13    as part of a scattered site or mixed-income development,
14    on the real property comprising any public park, on the
15    real property comprising any courthouse, or on any public
16    way within 1,000 feet of the real property comprising any
17    public park, courthouse, or residential property owned,
18    operated, or managed by a public housing agency or leased
19    by a public housing agency as part of a scattered site or
20    mixed-income development commits a Class 2 felony.
21        (6) Any person convicted of unlawful sale or delivery
22    of firearms in violation of paragraph (j) of subsection
23    (A) commits a Class A misdemeanor. A second or subsequent
24    violation is a Class 4 felony.
25        (7) Any person convicted of unlawful sale or delivery
26    of firearms in violation of paragraph (k) of subsection

 

 

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1    (A) commits a Class 4 felony, except that a violation of
2    subparagraph (1) of paragraph (k) of subsection (A) shall
3    not be punishable as a crime or petty offense. A third or
4    subsequent conviction for a violation of paragraph (k) of
5    subsection (A) is a Class 1 felony.
6        (8) A person 18 years of age or older convicted of
7    unlawful sale or delivery of firearms in violation of
8    paragraph (a) or (i) of subsection (A), when the firearm
9    that was sold or given to another person under 18 years of
10    age was used in the commission of or attempt to commit a
11    forcible felony, shall be fined or imprisoned, or both,
12    not to exceed the maximum provided for the most serious
13    forcible felony so committed or attempted by the person
14    under 18 years of age who was sold or given the firearm.
15        (9) Any person convicted of unlawful sale or delivery
16    of firearms in violation of paragraph (d) of subsection
17    (A) commits a Class 3 felony.
18        (10) Any person convicted of unlawful sale or delivery
19    of firearms in violation of paragraph (l) of subsection
20    (A) commits a Class 2 felony if the delivery is of one
21    firearm. Any person convicted of unlawful sale or delivery
22    of firearms in violation of paragraph (l) of subsection
23    (A) commits a Class 1 felony if the delivery is of not less
24    than 2 and not more than 5 firearms at the same time or
25    within a one year period. Any person convicted of unlawful
26    sale or delivery of firearms in violation of paragraph (l)

 

 

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1    of subsection (A) commits a Class X felony for which he or
2    she shall be sentenced to a term of imprisonment of not
3    less than 6 years and not more than 30 years if the
4    delivery is of not less than 6 and not more than 10
5    firearms at the same time or within a 2 year period. Any
6    person convicted of unlawful sale or delivery of firearms
7    in violation of paragraph (l) of subsection (A) commits a
8    Class X felony for which he or she shall be sentenced to a
9    term of imprisonment of not less than 6 years and not more
10    than 40 years if the delivery is of not less than 11 and
11    not more than 20 firearms at the same time or within a 3
12    year period. Any person convicted of unlawful sale or
13    delivery of firearms in violation of paragraph (l) of
14    subsection (A) commits a Class X felony for which he or she
15    shall be sentenced to a term of imprisonment of not less
16    than 6 years and not more than 50 years if the delivery is
17    of not less than 21 and not more than 30 firearms at the
18    same time or within a 4 year period. Any person convicted
19    of unlawful sale or delivery of firearms in violation of
20    paragraph (l) of subsection (A) commits a Class X felony
21    for which he or she shall be sentenced to a term of
22    imprisonment of not less than 6 years and not more than 60
23    years if the delivery is of 31 or more firearms at the same
24    time or within a 5 year period.
25    (D) For purposes of this Section:
26    "School" means a public or private elementary or secondary

 

 

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1school, community college, college, or university.
2    "School related activity" means any sporting, social,
3academic, or other activity for which students' attendance or
4participation is sponsored, organized, or funded in whole or
5in part by a school or school district.
6    (E) A prosecution for a violation of paragraph (k) of
7subsection (A) of this Section may be commenced within 6 years
8after the commission of the offense. A prosecution for a
9violation of this Section other than paragraph (g) of
10subsection (A) of this Section may be commenced within 5 years
11after the commission of the offense defined in the particular
12paragraph.
13(Source: P.A. 99-29, eff. 7-10-15; 99-143, eff. 7-27-15;
1499-642, eff. 7-28-16; 100-606, eff. 1-1-19.)
 
15    (720 ILCS 5/24-3B)
16    Sec. 24-3B. Firearms trafficking.
17    (a) A person commits firearms trafficking when he or she
18has not been issued a currently valid Firearm Owner's
19Identification Card and knowingly:
20        (1) brings, or causes to be brought, into this State,
21    a firearm or firearm ammunition for the purpose of sale,
22    delivery, or transfer to any other person or with the
23    intent to sell, deliver, or transfer the firearm or
24    firearm ammunition to any other person; or
25        (2) brings, or causes to be brought, into this State,

 

 

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1    a firearm and firearm ammunition for the purpose of sale,
2    delivery, or transfer to any other person or with the
3    intent to sell, deliver, or transfer the firearm and
4    firearm ammunition to any other person.
5    (a-5) This Section does not apply to:
6        (1) a person exempt under Section 2 of the Firearm
7    Owners Identification Card Act from the requirement of
8    having possession of a Firearm Owner's Identification Card
9    previously issued in his or her name by the Illinois
10    Department of State Police in order to acquire or possess
11    a firearm or firearm ammunition;
12        (2) a common carrier under subsection (i) of Section
13    24-2 of this Code; or
14        (3) a non-resident who may lawfully possess a firearm
15    in his or her resident state.
16    (b) Sentence.
17        (1) Firearms trafficking is a Class 1 felony for which
18    the person, if sentenced to a term of imprisonment, shall
19    be sentenced to not less than 4 years and not more than 20
20    years.
21        (2) Firearms trafficking by a person who has been
22    previously convicted of firearms trafficking, gunrunning,
23    or a felony offense for the unlawful sale, delivery, or
24    transfer of a firearm or firearm ammunition in this State
25    or another jurisdiction is a Class X felony.
26(Source: P.A. 99-885, eff. 8-23-16.)
 

 

 

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1    (720 ILCS 5/24-6)  (from Ch. 38, par. 24-6)
2    Sec. 24-6. Confiscation and disposition of weapons.
3    (a) Upon conviction of an offense in which a weapon was
4used or possessed by the offender, any weapon seized shall be
5confiscated by the trial court.
6    (b) Any stolen weapon so confiscated, when no longer
7needed for evidentiary purposes, shall be returned to the
8person entitled to possession, if known. After the disposition
9of a criminal case or in any criminal case where a final
10judgment in the case was not entered due to the death of the
11defendant, and when a confiscated weapon is no longer needed
12for evidentiary purposes, and when in due course no legitimate
13claim has been made for the weapon, the court may transfer the
14weapon to the sheriff of the county who may proceed to destroy
15it, or may in its discretion order the weapon preserved as
16property of the governmental body whose police agency seized
17the weapon, or may in its discretion order the weapon to be
18transferred to the Illinois Department of State Police for use
19by the crime laboratory system, for training purposes, or for
20any other application as deemed appropriate by the Department.
21If, after the disposition of a criminal case, a need still
22exists for the use of the confiscated weapon for evidentiary
23purposes, the court may transfer the weapon to the custody of
24the State Department of Corrections for preservation. The
25court may not order the transfer of the weapon to any private

 

 

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1individual or private organization other than to return a
2stolen weapon to its rightful owner.
3    The provisions of this Section shall not apply to
4violations of the Fish and Aquatic Life Code or the Wildlife
5Code. Confiscation of weapons for Fish and Aquatic Life Code
6and Wildlife Code violations shall be only as provided in
7those Codes.
8    (c) Any mental hospital that admits a person as an
9inpatient pursuant to any of the provisions of the Mental
10Health and Developmental Disabilities Code shall confiscate
11any firearms in the possession of that person at the time of
12admission, or at any time the firearms are discovered in the
13person's possession during the course of hospitalization. The
14hospital shall, as soon as possible following confiscation,
15transfer custody of the firearms to the appropriate law
16enforcement agency. The hospital shall give written notice to
17the person from whom the firearm was confiscated of the
18identity and address of the law enforcement agency to which it
19has given the firearm.
20    The law enforcement agency shall maintain possession of
21any firearm it obtains pursuant to this subsection for a
22minimum of 90 days. Thereafter, the firearm may be disposed of
23pursuant to the provisions of subsection (b) of this Section.
24(Source: P.A. 91-696, eff. 4-13-00.)
 
25    (720 ILCS 5/24-8)

 

 

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1    Sec. 24-8. Firearm tracing.
2    (a) Upon recovering a firearm from the possession of
3anyone who is not permitted by federal or State law to possess
4a firearm, a local law enforcement agency shall use the best
5available information, including a firearms trace when
6necessary, to determine how and from whom the person gained
7possession of the firearm. Upon recovering a firearm that was
8used in the commission of any offense classified as a felony or
9upon recovering a firearm that appears to have been lost,
10mislaid, stolen, or otherwise unclaimed, a local law
11enforcement agency shall use the best available information,
12including a firearms trace when necessary, to determine prior
13ownership of the firearm.
14    (b) Local law enforcement shall, when appropriate, use the
15National Tracing Center of the Federal Bureau of Alcohol,
16Tobacco and Firearms in complying with subsection (a) of this
17Section.
18    (c) Local law enforcement agencies shall use the Illinois
19Department of State Police Law Enforcement Agencies Data
20System (LEADS) Gun File to enter all stolen, seized, or
21recovered firearms as prescribed by LEADS regulations and
22policies.
23(Source: P.A. 91-364, eff. 1-1-00; 92-300, eff. 1-1-02.)
 
24    (720 ILCS 5/24.8-5)
25    Sec. 24.8-5. Sentence. A violation of this Article is a

 

 

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1petty offense. The Illinois State Police or any sheriff or
2police officer shall seize, take, remove or cause to be
3removed at the expense of the owner, any air rifle sold or used
4in any manner in violation of this Article.
5(Source: P.A. 97-1108, eff. 1-1-13.)
 
6    (720 ILCS 5/28-5)  (from Ch. 38, par. 28-5)
7    Sec. 28-5. Seizure of gambling devices and gambling funds.
8    (a) Every device designed for gambling which is incapable
9of lawful use or every device used unlawfully for gambling
10shall be considered a "gambling device", and shall be subject
11to seizure, confiscation and destruction by the Illinois
12Department of State Police or by any municipal, or other local
13authority, within whose jurisdiction the same may be found. As
14used in this Section, a "gambling device" includes any slot
15machine, and includes any machine or device constructed for
16the reception of money or other thing of value and so
17constructed as to return, or to cause someone to return, on
18chance to the player thereof money, property or a right to
19receive money or property. With the exception of any device
20designed for gambling which is incapable of lawful use, no
21gambling device shall be forfeited or destroyed unless an
22individual with a property interest in said device knows of
23the unlawful use of the device.
24    (b) Every gambling device shall be seized and forfeited to
25the county wherein such seizure occurs. Any money or other

 

 

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1thing of value integrally related to acts of gambling shall be
2seized and forfeited to the county wherein such seizure
3occurs.
4    (c) If, within 60 days after any seizure pursuant to
5subparagraph (b) of this Section, a person having any property
6interest in the seized property is charged with an offense,
7the court which renders judgment upon such charge shall,
8within 30 days after such judgment, conduct a forfeiture
9hearing to determine whether such property was a gambling
10device at the time of seizure. Such hearing shall be commenced
11by a written petition by the State, including material
12allegations of fact, the name and address of every person
13determined by the State to have any property interest in the
14seized property, a representation that written notice of the
15date, time and place of such hearing has been mailed to every
16such person by certified mail at least 10 days before such
17date, and a request for forfeiture. Every such person may
18appear as a party and present evidence at such hearing. The
19quantum of proof required shall be a preponderance of the
20evidence, and the burden of proof shall be on the State. If the
21court determines that the seized property was a gambling
22device at the time of seizure, an order of forfeiture and
23disposition of the seized property shall be entered: a
24gambling device shall be received by the State's Attorney, who
25shall effect its destruction, except that valuable parts
26thereof may be liquidated and the resultant money shall be

 

 

HB3655- 1872 -LRB102 16922 WGH 22334 b

1deposited in the general fund of the county wherein such
2seizure occurred; money and other things of value shall be
3received by the State's Attorney and, upon liquidation, shall
4be deposited in the general fund of the county wherein such
5seizure occurred. However, in the event that a defendant
6raises the defense that the seized slot machine is an antique
7slot machine described in subparagraph (b) (7) of Section 28-1
8of this Code and therefore he is exempt from the charge of a
9gambling activity participant, the seized antique slot machine
10shall not be destroyed or otherwise altered until a final
11determination is made by the Court as to whether it is such an
12antique slot machine. Upon a final determination by the Court
13of this question in favor of the defendant, such slot machine
14shall be immediately returned to the defendant. Such order of
15forfeiture and disposition shall, for the purposes of appeal,
16be a final order and judgment in a civil proceeding.
17    (d) If a seizure pursuant to subparagraph (b) of this
18Section is not followed by a charge pursuant to subparagraph
19(c) of this Section, or if the prosecution of such charge is
20permanently terminated or indefinitely discontinued without
21any judgment of conviction or acquittal (1) the State's
22Attorney shall commence an in rem proceeding for the
23forfeiture and destruction of a gambling device, or for the
24forfeiture and deposit in the general fund of the county of any
25seized money or other things of value, or both, in the circuit
26court and (2) any person having any property interest in such

 

 

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1seized gambling device, money or other thing of value may
2commence separate civil proceedings in the manner provided by
3law.
4    (e) Any gambling device displayed for sale to a riverboat
5gambling operation, casino gambling operation, or organization
6gaming facility or used to train occupational licensees of a
7riverboat gambling operation, casino gambling operation, or
8organization gaming facility as authorized under the Illinois
9Gambling Act is exempt from seizure under this Section.
10    (f) Any gambling equipment, devices, and supplies provided
11by a licensed supplier in accordance with the Illinois
12Gambling Act which are removed from a riverboat, casino, or
13organization gaming facility for repair are exempt from
14seizure under this Section.
15    (g) The following video gaming terminals are exempt from
16seizure under this Section:
17        (1) Video gaming terminals for sale to a licensed
18    distributor or operator under the Video Gaming Act.
19        (2) Video gaming terminals used to train licensed
20    technicians or licensed terminal handlers.
21        (3) Video gaming terminals that are removed from a
22    licensed establishment, licensed truck stop establishment,
23    licensed large truck stop establishment, licensed
24    fraternal establishment, or licensed veterans
25    establishment for repair.
26    (h) Property seized or forfeited under this Section is

 

 

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1subject to reporting under the Seizure and Forfeiture
2Reporting Act.
3    (i) Any sports lottery terminals provided by a central
4system provider that are removed from a lottery retailer for
5repair under the Sports Wagering Act are exempt from seizure
6under this Section.
7(Source: P.A. 100-512, eff. 7-1-18; 101-31, Article 25,
8Section 25-915, eff. 6-28-19; 101-31, Article 35, Section
935-80, eff. 6-28-19; revised 7-12-19.)
 
10    (720 ILCS 5/29B-0.5)
11    Sec. 29B-0.5. Definitions. In this Article:
12    "Conduct" or "conducts" includes, in addition to its
13ordinary meaning, initiating, concluding, or participating in
14initiating or concluding a transaction.
15    "Criminally derived property" means: (1) any property,
16real or personal, constituting or derived from proceeds
17obtained, directly or indirectly, from activity that
18constitutes a felony under State, federal, or foreign law; or
19(2) any property represented to be property constituting or
20derived from proceeds obtained, directly or indirectly, from
21activity that constitutes a felony under State, federal, or
22foreign law.
23    "Department" means the Department of State Police of this
24State or its successor agency.
25    "Director" means the Director of the Illinois State Police

 

 

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1or his or her designated agents.
2    "Financial institution" means any bank; savings and loan
3association; trust company; agency or branch of a foreign bank
4in the United States; currency exchange; credit union;
5mortgage banking institution; pawnbroker; loan or finance
6company; operator of a credit card system; issuer, redeemer,
7or cashier of travelers checks, checks, or money orders;
8dealer in precious metals, stones, or jewels; broker or dealer
9in securities or commodities; investment banker; or investment
10company.
11    "Financial transaction" means a purchase, sale, loan,
12pledge, gift, transfer, delivery, or other disposition
13utilizing criminally derived property, and with respect to
14financial institutions, includes a deposit, withdrawal,
15transfer between accounts, exchange of currency, loan,
16extension of credit, purchase or sale of any stock, bond,
17certificate of deposit or other monetary instrument, use of
18safe deposit box, or any other payment, transfer or delivery
19by, through, or to a financial institution. "Financial
20transaction" also means a transaction which without regard to
21whether the funds, monetary instruments, or real or personal
22property involved in the transaction are criminally derived,
23any transaction which in any way or degree: (1) involves the
24movement of funds by wire or any other means; (2) involves one
25or more monetary instruments; or (3) the transfer of title to
26any real or personal property. The receipt by an attorney of

 

 

HB3655- 1876 -LRB102 16922 WGH 22334 b

1bona fide fees for the purpose of legal representation is not a
2financial transaction for purposes of this Article.
3    "Form 4-64" means the Illinois State Police
4Notice/Inventory of Seized Property (Form 4-64).
5    "Knowing that the property involved in a financial
6transaction represents the proceeds of some form of unlawful
7activity" means that the person knew the property involved in
8the transaction represented proceeds from some form, though
9not necessarily which form, of activity that constitutes a
10felony under State, federal, or foreign law.
11    "Monetary instrument" means United States coins and
12currency; coins and currency of a foreign country; travelers
13checks; personal checks, bank checks, and money orders;
14investment securities; bearer negotiable instruments; bearer
15investment securities; or bearer securities and certificates
16of stock in a form that title passes upon delivery.
17    "Specified criminal activity" means any violation of
18Section 29D-15.1 and any violation of Article 29D of this
19Code.
20    "Transaction reporting requirement under State law" means
21any violation as defined under the Currency Reporting Act.
22(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
 
23    (720 ILCS 5/29B-3)
24    Sec. 29B-3. Duty to enforce this Article.
25    (a) It is the duty of the Illinois Department of State

 

 

HB3655- 1877 -LRB102 16922 WGH 22334 b

1Police, and its agents, officers, and investigators, to
2enforce this Article, except those provisions otherwise
3specifically delegated, and to cooperate with all agencies
4charged with the enforcement of the laws of the United States,
5or of any state, relating to money laundering. Only an agent,
6officer, or investigator designated by the Director may be
7authorized in accordance with this Section to serve seizure
8notices, warrants, subpoenas, and summonses under the
9authority of this State.
10    (b) An agent, officer, investigator, or peace officer
11designated by the Director may: (1) make seizure of property
12under this Article; and (2) perform other law enforcement
13duties as the Director designates. It is the duty of all
14State's Attorneys to prosecute violations of this Article and
15institute legal proceedings as authorized under this Article.
16(Source: P.A. 100-699, eff. 8-3-18.)
 
17    (720 ILCS 5/29B-4)
18    Sec. 29B-4. Protective orders and warrants for forfeiture
19purposes.
20    (a) Upon application of the State, the court may enter a
21restraining order or injunction, require the execution of a
22satisfactory performance bond, or take any other action to
23preserve the availability of property described in Section
2429B-5 of this Article for forfeiture under this Article:
25        (1) upon the filing of an indictment, information, or

 

 

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1    complaint charging a violation of this Article for which
2    forfeiture may be ordered under this Article and alleging
3    that the property with respect to which the order is
4    sought would be subject to forfeiture under this Article;
5    or
6        (2) prior to the filing of the indictment,
7    information, or complaint, if, after notice to persons
8    appearing to have an interest in the property and
9    opportunity for a hearing, the court determines that:
10            (A) there is probable cause to believe that the
11        State will prevail on the issue of forfeiture and that
12        failure to enter the order will result in the property
13        being destroyed, removed from the jurisdiction of the
14        court, or otherwise made unavailable for forfeiture;
15        and
16            (B) the need to preserve the availability of the
17        property through the entry of the requested order
18        outweighs the hardship on any party against whom the
19        order is to be entered.
20        Provided, however, that an order entered under
21    paragraph (2) of this Section shall be effective for not
22    more than 90 days, unless extended by the court for good
23    cause shown or unless an indictment, information,
24    complaint, or administrative notice has been filed.
25    (b) A temporary restraining order under this subsection
26(b) may be entered upon application of the State without

 

 

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1notice or opportunity for a hearing when an indictment,
2information, complaint, or administrative notice has not yet
3been filed with respect to the property, if the State
4demonstrates that there is probable cause to believe that the
5property with respect to which the order is sought would be
6subject to forfeiture under this Article and that provision of
7notice will jeopardize the availability of the property for
8forfeiture. The temporary order shall expire not more than 30
9days after the date on which it is entered, unless extended for
10good cause shown or unless the party against whom it is entered
11consents to an extension for a longer period. A hearing
12requested concerning an order entered under this subsection
13(b) shall be held at the earliest possible time and prior to
14the expiration of the temporary order.
15    (c) The court may receive and consider, at a hearing held
16under this Section, evidence and information that would be
17inadmissible under the Illinois rules of evidence.
18    (d) Under its authority to enter a pretrial restraining
19order under this Section, the court may order a defendant to
20repatriate any property that may be seized and forfeited and
21to deposit that property pending trial with the Illinois
22Department of State Police or another law enforcement agency
23designated by the Illinois Department of State Police. Failure
24to comply with an order under this Section is punishable as a
25civil or criminal contempt of court.
26    (e) The State may request the issuance of a warrant

 

 

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1authorizing the seizure of property described in Section 29B-5
2of this Article in the same manner as provided for a search
3warrant. If the court determines that there is probable cause
4to believe that the property to be seized would be subject to
5forfeiture, the court shall issue a warrant authorizing the
6seizure of that property.
7(Source: P.A. 100-699, eff. 8-3-18.)
 
8    (720 ILCS 5/29B-12)
9    Sec. 29B-12. Non-judicial forfeiture. If non-real
10property that exceeds $20,000 in value excluding the value of
11any conveyance, or if real property is seized under the
12provisions of this Article, the State's Attorney shall
13institute judicial in rem forfeiture proceedings as described
14in Section 29B-13 of this Article within 28 days from receipt
15of notice of seizure from the seizing agency under Section
1629B-8 of this Article. However, if non-real property that does
17not exceed $20,000 in value excluding the value of any
18conveyance is seized, the following procedure shall be used:
19        (1) If, after review of the facts surrounding the
20    seizure, the State's Attorney is of the opinion that the
21    seized property is subject to forfeiture, then, within 28
22    days after the receipt of notice of seizure from the
23    seizing agency, the State's Attorney shall cause notice of
24    pending forfeiture to be given to the owner of the
25    property and all known interest holders of the property in

 

 

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1    accordance with Section 29B-10 of this Article.
2        (2) The notice of pending forfeiture shall include a
3    description of the property, the estimated value of the
4    property, the date and place of seizure, the conduct
5    giving rise to forfeiture or the violation of law alleged,
6    and a summary of procedures and procedural rights
7    applicable to the forfeiture action.
8        (3)(A) Any person claiming an interest in property
9    that is the subject of notice under paragraph (1) of this
10    Section, must, in order to preserve any rights or claims
11    to the property, within 45 days after the effective date
12    of notice as described in Section 29B-10 of this Article,
13    file a verified claim with the State's Attorney expressing
14    his or her interest in the property. The claim shall set
15    forth:
16            (i) the caption of the proceedings as set forth on
17        the notice of pending forfeiture and the name of the
18        claimant;
19            (ii) the address at which the claimant will accept
20        mail;
21            (iii) the nature and extent of the claimant's
22        interest in the property;
23            (iv) the date, identity of the transferor, and
24        circumstances of the claimant's acquisition of the
25        interest in the property;
26            (v) the names and addresses of all other persons

 

 

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1        known to have an interest in the property;
2            (vi) the specific provision of law relied on in
3        asserting the property is not subject to forfeiture;
4            (vii) all essential facts supporting each
5        assertion; and
6            (viii) the relief sought.
7        (B) If a claimant files the claim, then the State's
8    Attorney shall institute judicial in rem forfeiture
9    proceedings with the clerk of the court as described in
10    Section 29B-13 of this Article within 28 days after
11    receipt of the claim.
12        (4) If no claim is filed within the 28-day period as
13    described in paragraph (3) of this Section, the State's
14    Attorney shall declare the property forfeited and shall
15    promptly notify the owner and all known interest holders
16    of the property and the Director of the Illinois State
17    Police of the declaration of forfeiture and the Director
18    shall dispose of the property in accordance with law.
19(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
 
20    (720 ILCS 5/29B-20)
21    Sec. 29B-20. Settlement of claims. Notwithstanding other
22provisions of this Article, the State's Attorney and a
23claimant of seized property may enter into an agreed-upon
24settlement concerning the seized property in such an amount
25and upon such terms as are set out in writing in a settlement

 

 

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1agreement. All proceeds from a settlement agreement shall be
2tendered to the Illinois Department of State Police and
3distributed under Section 29B-26 of this Article.
4(Source: P.A. 100-699, eff. 8-3-18.)
 
5    (720 ILCS 5/29B-25)
6    Sec. 29B-25. Return of property, damages, and costs.
7    (a) The law enforcement agency that holds custody of
8property seized for forfeiture shall deliver property ordered
9by the court to be returned or conveyed to the claimant within
10a reasonable time not to exceed 7 days, unless the order is
11stayed by the trial court or a reviewing court pending an
12appeal, motion to reconsider, or other reason.
13    (b) The law enforcement agency that holds custody of
14property is responsible for any damages, storage fees, and
15related costs applicable to property returned. The claimant
16shall not be subject to any charges by the State for storage of
17the property or expenses incurred in the preservation of the
18property. Charges for the towing of a conveyance shall be
19borne by the claimant unless the conveyance was towed for the
20sole reason of seizure for forfeiture. This Section does not
21prohibit the imposition of any fees or costs by a home rule
22unit of local government related to the impoundment of a
23conveyance under an ordinance enacted by the unit of
24government.
25    (c) A law enforcement agency shall not retain forfeited

 

 

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1property for its own use or transfer the property to any person
2or entity, except as provided under this Section. A law
3enforcement agency may apply in writing to the Director of the
4Illinois State Police to request that forfeited property be
5awarded to the agency for a specifically articulated official
6law enforcement use in an investigation. The Director shall
7provide a written justification in each instance detailing the
8reasons why the forfeited property was placed into official
9use and the justification shall be retained for a period of not
10less than 3 years.
11    (d) A claimant or a party interested in personal property
12contained within a seized conveyance may file a request with
13the State's Attorney in a non-judicial forfeiture action, or a
14motion with the court in a judicial forfeiture action for the
15return of any personal property contained within a conveyance
16that is seized under this Article. The return of personal
17property shall not be unreasonably withheld if the personal
18property is not mechanically or electrically coupled to the
19conveyance, needed for evidentiary purposes, or otherwise
20contraband. Any law enforcement agency that returns property
21under a court order under this Section shall not be liable to
22any person who claims ownership to the property if it is
23returned to an improper party.
24(Source: P.A. 100-699, eff. 8-3-18.)
 
25    (720 ILCS 5/29B-26)

 

 

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1    Sec. 29B-26. Distribution of proceeds. All moneys and the
2sale proceeds of all other property forfeited and seized under
3this Article shall be distributed as follows:
4        (1) 65% shall be distributed to the metropolitan
5    enforcement group, local, municipal, county, or State law
6    enforcement agency or agencies that conducted or
7    participated in the investigation resulting in the
8    forfeiture. The distribution shall bear a reasonable
9    relationship to the degree of direct participation of the
10    law enforcement agency in the effort resulting in the
11    forfeiture, taking into account the total value of the
12    property forfeited and the total law enforcement effort
13    with respect to the violation of the law upon which the
14    forfeiture is based. Amounts distributed to the agency or
15    agencies shall be used for the enforcement of laws.
16        (2)(i) 12.5% shall be distributed to the Office of the
17    State's Attorney of the county in which the prosecution
18    resulting in the forfeiture was instituted, deposited in a
19    special fund in the county treasury and appropriated to
20    the State's Attorney for use in the enforcement of laws.
21    In counties over 3,000,000 population, 25% shall be
22    distributed to the Office of the State's Attorney for use
23    in the enforcement of laws. If the prosecution is
24    undertaken solely by the Attorney General, the portion
25    provided under this subparagraph (i) shall be distributed
26    to the Attorney General for use in the enforcement of

 

 

HB3655- 1886 -LRB102 16922 WGH 22334 b

1    laws.
2        (ii) 12.5% shall be distributed to the Office of the
3    State's Attorneys Appellate Prosecutor and deposited in
4    the Narcotics Profit Forfeiture Fund of that office to be
5    used for additional expenses incurred in the
6    investigation, prosecution, and appeal of cases arising
7    under laws. The Office of the State's Attorneys Appellate
8    Prosecutor shall not receive distribution from cases
9    brought in counties with over 3,000,000 population.
10        (3) 10% shall be retained by the Illinois Department
11    of State Police for expenses related to the administration
12    and sale of seized and forfeited property.
13    Moneys and the sale proceeds distributed to the Illinois
14Department of State Police under this Article shall be
15deposited in the Money Laundering Asset Recovery Fund created
16in the State treasury and shall be used by the Illinois
17Department of State Police for State law enforcement purposes.
18All moneys and sale proceeds of property forfeited and seized
19under this Article and distributed according to this Section
20may also be used to purchase opioid antagonists as defined in
21Section 5-23 of the Substance Use Disorder Act.
22(Source: P.A. 100-699, eff. 8-3-18; 100-1163, eff. 12-20-18.)
 
23    (720 ILCS 5/32-2)  (from Ch. 38, par. 32-2)
24    Sec. 32-2. Perjury.
25    (a) A person commits perjury when, under oath or

 

 

HB3655- 1887 -LRB102 16922 WGH 22334 b

1affirmation, in a proceeding or in any other matter where by
2law the oath or affirmation is required, he or she makes a
3false statement, material to the issue or point in question,
4knowing the statement is false.
5    (b) Proof of Falsity.
6    An indictment or information for perjury alleging that the
7offender, under oath, has knowingly made contradictory
8statements, material to the issue or point in question, in the
9same or in different proceedings, where the oath or
10affirmation is required, need not specify which statement is
11false. At the trial, the prosecution need not establish which
12statement is false.
13    (c) Admission of Falsity.
14    Where the contradictory statements are made in the same
15continuous trial, an admission by the offender in that same
16continuous trial of the falsity of a contradictory statement
17shall bar prosecution therefor under any provisions of this
18Code.
19    (d) A person shall be exempt from prosecution under
20subsection (a) of this Section if he or she is a peace officer
21who uses a false or fictitious name in the enforcement of the
22criminal laws, and this use is approved in writing as provided
23in Section 10-1 of "The Liquor Control Act of 1934", as
24amended, Section 5 of "An Act in relation to the use of an
25assumed name in the conduct or transaction of business in this
26State", approved July 17, 1941, as amended, or Section

 

 

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12605-200 of the Illinois Department of State Police Law.
2However, this exemption shall not apply to testimony in
3judicial proceedings where the identity of the peace officer
4is material to the issue, and he or she is ordered by the court
5to disclose his or her identity.
6    (e) Sentence.
7    Perjury is a Class 3 felony.
8(Source: P.A. 97-1108, eff. 1-1-13.)
 
9    (720 ILCS 5/32-8)  (from Ch. 38, par. 32-8)
10    Sec. 32-8. Tampering with public records.
11    (a) A person commits tampering with public records when he
12or she knowingly, without lawful authority, and with the
13intent to defraud any party, public officer or entity, alters,
14destroys, defaces, removes or conceals any public record.
15    (b) (Blank).
16    (c) A judge, circuit clerk or clerk of court, public
17official or employee, court reporter, or other person commits
18tampering with public records when he or she knowingly,
19without lawful authority, and with the intent to defraud any
20party, public officer or entity, alters, destroys, defaces,
21removes, or conceals any public record received or held by any
22judge or by a clerk of any court.
23    (c-5) "Public record" expressly includes, but is not
24limited to, court records, or documents, evidence, or exhibits
25filed with the clerk of the court and which have become a part

 

 

HB3655- 1889 -LRB102 16922 WGH 22334 b

1of the official court record, pertaining to any civil or
2criminal proceeding in any court.
3    (d) Sentence. A violation of subsection (a) is a Class 4
4felony. A violation of subsection (c) is a Class 3 felony. Any
5person convicted under subsection (c) who at the time of the
6violation was responsible for making, keeping, storing, or
7reporting the record for which the tampering occurred:
8        (1) shall forfeit his or her public office or public
9    employment, if any, and shall thereafter be ineligible for
10    both State and local public office and public employment
11    in this State for a period of 5 years after completion of
12    any term of probation, conditional discharge, or
13    incarceration in a penitentiary including the period of
14    mandatory supervised release;
15        (2) shall forfeit all retirement, pension, and other
16    benefits arising out of public office or public employment
17    as may be determined by the court in accordance with the
18    applicable provisions of the Illinois Pension Code;
19        (3) shall be subject to termination of any
20    professional licensure or registration in this State as
21    may be determined by the court in accordance with the
22    provisions of the applicable professional licensing or
23    registration laws;
24        (4) may be ordered by the court, after a hearing in
25    accordance with applicable law and in addition to any
26    other penalty or fine imposed by the court, to forfeit to

 

 

HB3655- 1890 -LRB102 16922 WGH 22334 b

1    the State an amount equal to any financial gain or the
2    value of any advantage realized by the person as a result
3    of the offense; and
4        (5) may be ordered by the court, after a hearing in
5    accordance with applicable law and in addition to any
6    other penalty or fine imposed by the court, to pay
7    restitution to the victim in an amount equal to any
8    financial loss or the value of any advantage lost by the
9    victim as a result of the offense.
10    For the purposes of this subsection (d), an offense under
11subsection (c) committed by a person holding public office or
12public employment shall be rebuttably presumed to relate to or
13arise out of or in connection with that public office or public
14employment.
15    (e) Any party litigant who believes a violation of this
16Section has occurred may seek the restoration of the court
17record as provided in the Court Records Restoration Act. Any
18order of the court denying the restoration of the court record
19may be appealed as any other civil judgment.
20    (f) When the sheriff or local law enforcement agency
21having jurisdiction declines to investigate, or inadequately
22investigates, the court or any interested party, shall notify
23the Illinois State Police of a suspected violation of
24subsection (a) or (c), who shall have the authority to
25investigate, and may investigate, the same, without regard to
26whether the local law enforcement agency has requested the

 

 

HB3655- 1891 -LRB102 16922 WGH 22334 b

1Illinois State Police to do so.
2    (g) If the State's Attorney having jurisdiction declines
3to prosecute a violation of subsection (a) or (c), the court or
4interested party shall notify the Attorney General of the
5refusal. The Attorney General shall, thereafter, have the
6authority to prosecute, and may prosecute, the violation,
7without a referral from the State's Attorney.
8    (h) Prosecution of a violation of subsection (c) shall be
9commenced within 3 years after the act constituting the
10violation is discovered or reasonably should have been
11discovered.
12(Source: P.A. 96-1217, eff. 1-1-11; 96-1508, eff. 6-1-11;
1397-1108, eff. 1-1-13.)
 
14    (720 ILCS 5/33-2)  (from Ch. 38, par. 33-2)
15    Sec. 33-2. Failure to report a bribe. Any public officer,
16public employee or juror who fails to report forthwith to the
17local State's Attorney, or in the case of a State employee to
18the Illinois Department of State Police, any offer made to him
19in violation of Section 33-1 commits a Class A misdemeanor.
20    In the case of a State employee, the making of such report
21to the Illinois Department of State Police shall discharge
22such employee from any further duty under this Section. Upon
23receiving any such report, the Illinois Department of State
24Police shall forthwith transmit a copy thereof to the
25appropriate State's Attorney.

 

 

HB3655- 1892 -LRB102 16922 WGH 22334 b

1(Source: P.A. 84-25.)
 
2    (720 ILCS 5/33-3.1)
3    Sec. 33-3.1. Solicitation misconduct (State government).
4    (a) An employee of an executive branch constitutional
5officer commits solicitation misconduct (State government)
6when, at any time, he or she knowingly solicits or receives
7contributions, as that term is defined in Section 9-1.4 of the
8Election Code, from a person engaged in a business or activity
9over which the person has regulatory authority.
10    (b) For the purpose of this Section, "employee of an
11executive branch constitutional officer" means a full-time or
12part-time salaried employee, full-time or part-time salaried
13appointee, or any contractual employee of any office, board,
14commission, agency, department, authority, administrative
15unit, or corporate outgrowth under the jurisdiction of an
16executive branch constitutional officer; and "regulatory
17authority" means having the responsibility to investigate,
18inspect, license, or enforce regulatory measures necessary to
19the requirements of any State or federal statute or regulation
20relating to the business or activity.
21    (c) An employee of an executive branch constitutional
22officer, including one who does not have regulatory authority,
23commits a violation of this Section if that employee knowingly
24acts in concert with an employee of an executive branch
25constitutional officer who does have regulatory authority to

 

 

HB3655- 1893 -LRB102 16922 WGH 22334 b

1solicit or receive contributions in violation of this Section.
2    (d) Solicitation misconduct (State government) is a Class
3A misdemeanor. An employee of an executive branch
4constitutional officer convicted of committing solicitation
5misconduct (State government) forfeits his or her employment.
6    (e) An employee of an executive branch constitutional
7officer who is discharged, demoted, suspended, threatened,
8harassed, or in any other manner discriminated against in the
9terms and conditions of employment because of lawful acts done
10by the employee or on behalf of the employee or others in
11furtherance of the enforcement of this Section shall be
12entitled to all relief necessary to make the employee whole.
13    (f) Any person who knowingly makes a false report of
14solicitation misconduct (State government) to the Illinois
15State Police, the Attorney General, a State's Attorney, or any
16law enforcement official is guilty of a Class C misdemeanor.
17(Source: P.A. 92-853, eff. 8-28-02.)
 
18    (720 ILCS 5/33-3.2)
19    Sec. 33-3.2. Solicitation misconduct (local government).
20    (a) An employee of a chief executive officer of a local
21government commits solicitation misconduct (local government)
22when, at any time, he or she knowingly solicits or receives
23contributions, as that term is defined in Section 9-1.4 of the
24Election Code, from a person engaged in a business or activity
25over which the person has regulatory authority.

 

 

HB3655- 1894 -LRB102 16922 WGH 22334 b

1    (b) For the purpose of this Section, "chief executive
2officer of a local government" means an executive officer of a
3county, township or municipal government or any administrative
4subdivision under jurisdiction of the county, township, or
5municipal government including but not limited to: chairman or
6president of a county board or commission, mayor or village
7president, township supervisor, county executive, municipal
8manager, assessor, auditor, clerk, coroner, recorder, sheriff
9or State's Attorney; "employee of a chief executive officer of
10a local government" means a full-time or part-time salaried
11employee, full-time or part-time salaried appointee, or any
12contractual employee of any office, board, commission, agency,
13department, authority, administrative unit, or corporate
14outgrowth under the jurisdiction of a chief executive officer
15of a local government; and "regulatory authority" means having
16the responsibility to investigate, inspect, license, or
17enforce regulatory measures necessary to the requirements of
18any State, local, or federal statute or regulation relating to
19the business or activity.
20    (c) An employee of a chief executive officer of a local
21government, including one who does not have regulatory
22authority, commits a violation of this Section if that
23employee knowingly acts in concert with an employee of a chief
24executive officer of a local government who does have
25regulatory authority to solicit or receive contributions in
26violation of this Section.

 

 

HB3655- 1895 -LRB102 16922 WGH 22334 b

1    (d) Solicitation misconduct (local government) is a Class
2A misdemeanor. An employee of a chief executive officer of a
3local government convicted of committing solicitation
4misconduct (local government) forfeits his or her employment.
5    (e) An employee of a chief executive officer of a local
6government who is discharged, demoted, suspended, threatened,
7harassed, or in any other manner discriminated against in the
8terms and conditions of employment because of lawful acts done
9by the employee or on behalf of the employee or others in
10furtherance of the enforcement of this Section shall be
11entitled to all relief necessary to make the employee whole.
12    (f) Any person who knowingly makes a false report of
13solicitation misconduct (local government) to the Illinois
14State Police, the Attorney General, a State's Attorney, or any
15law enforcement official is guilty of a Class C misdemeanor.
16(Source: P.A. 92-853, eff. 8-28-02.)
 
17    (720 ILCS 5/36-1.1)
18    Sec. 36-1.1. Seizure.
19    (a) Any property subject to forfeiture under this Article
20may be seized and impounded by the Director of the Illinois
21State Police or any peace officer upon process or seizure
22warrant issued by any court having jurisdiction over the
23property.
24    (b) Any property subject to forfeiture under this Article
25may be seized and impounded by the Director of the Illinois

 

 

HB3655- 1896 -LRB102 16922 WGH 22334 b

1State Police or any peace officer without process if there is
2probable cause to believe that the property is subject to
3forfeiture under Section 36-1 of this Article and the property
4is seized under circumstances in which a warrantless seizure
5or arrest would be reasonable.
6    (c) If the seized property is a conveyance, an
7investigation shall be made by the law enforcement agency as
8to any person whose right, title, interest, or lien is of
9record in the office of the agency or official in which title
10to or interest in the conveyance is required by law to be
11recorded.
12    (d) After seizure under this Section, notice shall be
13given to all known interest holders that forfeiture
14proceedings, including a preliminary review, may be instituted
15and the proceedings may be instituted under this Article.
16(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
 
17    (720 ILCS 5/36-1.3)
18    Sec. 36-1.3. Safekeeping of seized property pending
19disposition.
20    (a) Property seized under this Article is deemed to be in
21the custody of the Director of the Illinois State Police,
22subject only to the order and judgments of the circuit court
23having jurisdiction over the forfeiture proceedings and the
24decisions of the State's Attorney under this Article.
25    (b) If property is seized under this Article, the seizing

 

 

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1agency shall promptly conduct an inventory of the seized
2property and estimate the property's value and shall forward a
3copy of the inventory of seized property and the estimate of
4the property's value to the Director of the Illinois State
5Police. Upon receiving notice of seizure, the Director of the
6Illinois State Police may:
7        (1) place the property under seal;
8        (2) remove the property to a place designated by the
9    Director of the Illinois State Police;
10        (3) keep the property in the possession of the seizing
11    agency;
12        (4) remove the property to a storage area for
13    safekeeping;
14        (5) place the property under constructive seizure by
15    posting notice of pending forfeiture on it, by giving
16    notice of pending forfeiture to its owners and interest
17    holders, or by filing notice of pending forfeiture in any
18    appropriate public record relating to the property; or
19        (6) provide for another agency or custodian, including
20    an owner, secured party, or lienholder, to take custody of
21    the property upon the terms and conditions set by the
22    seizing agency.
23    (c) The seizing agency shall exercise ordinary care to
24protect the subject of the forfeiture from negligent loss,
25damage, or destruction.
26    (d) Property seized or forfeited under this Article is

 

 

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1subject to reporting under the Seizure and Forfeiture
2Reporting Act.
3(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18;
4100-1163, eff. 12-20-18.)
 
5    (720 ILCS 5/36-2.2)
6    Sec. 36-2.2. Replevin prohibited; return of personal
7property inside seized conveyance.
8    (a) Property seized under this Article shall not be
9subject to replevin, but is deemed to be in the custody of the
10Director of the Illinois State Police, subject only to the
11order and judgments of the circuit court having jurisdiction
12over the forfeiture proceedings and the decisions of the
13State's Attorney.
14    (b) A claimant or a party interested in personal property
15contained within a seized conveyance may file a motion with
16the court in a judicial forfeiture action for the return of any
17personal property contained within a conveyance seized under
18this Article. The return of personal property shall not be
19unreasonably withheld if the personal property is not
20mechanically or electrically coupled to the conveyance, needed
21for evidentiary purposes, or otherwise contraband. A law
22enforcement agency that returns property under a court order
23under this Section shall not be liable to any person who claims
24ownership to the property if the property is returned to an
25improper party.

 

 

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1(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
 
2    (720 ILCS 5/36-7)
3    Sec. 36-7. Distribution of proceeds; selling or retaining
4seized property prohibited.
5    (a) Except as otherwise provided in this Section, the
6court shall order that property forfeited under this Article
7be delivered to the Illinois Department of State Police within
860 days.
9    (b) The Illinois Department of State Police or its
10designee shall dispose of all property at public auction and
11shall distribute the proceeds of the sale, together with any
12moneys forfeited or seized, under subsection (c) of this
13Section.
14    (c) All moneys and the sale proceeds of all other property
15forfeited and seized under this Act shall be distributed as
16follows:
17        (1) 65% shall be distributed to the drug task force,
18    metropolitan enforcement group, local, municipal, county,
19    or State law enforcement agency or agencies that conducted
20    or participated in the investigation resulting in the
21    forfeiture. The distribution shall bear a reasonable
22    relationship to the degree of direct participation of the
23    law enforcement agency in the effort resulting in the
24    forfeiture, taking into account the total value of the
25    property forfeited and the total law enforcement effort

 

 

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1    with respect to the violation of the law upon which the
2    forfeiture is based. Amounts distributed to the agency or
3    agencies shall be used, at the discretion of the agency,
4    for the enforcement of criminal laws; or for public
5    education in the community or schools in the prevention or
6    detection of the abuse of drugs or alcohol; or for
7    security cameras used for the prevention or detection of
8    violence, except that amounts distributed to the Secretary
9    of State shall be deposited into the Secretary of State
10    Evidence Fund to be used as provided in Section 2-115 of
11    the Illinois Vehicle Code.
12        Any local, municipal, or county law enforcement agency
13    entitled to receive a monetary distribution of forfeiture
14    proceeds may share those forfeiture proceeds pursuant to
15    the terms of an intergovernmental agreement with a
16    municipality that has a population in excess of 20,000 if:
17            (A) the receiving agency has entered into an
18        intergovernmental agreement with the municipality to
19        provide police services;
20            (B) the intergovernmental agreement for police
21        services provides for consideration in an amount of
22        not less than $1,000,000 per year;
23            (C) the seizure took place within the geographical
24        limits of the municipality; and
25            (D) the funds are used only for the enforcement of
26        criminal laws; for public education in the community

 

 

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1        or schools in the prevention or detection of the abuse
2        of drugs or alcohol; or for security cameras used for
3        the prevention or detection of violence or the
4        establishment of a municipal police force, including
5        the training of officers, construction of a police
6        station, the purchase of law enforcement equipment, or
7        vehicles.
8        (2) 12.5% shall be distributed to the Office of the
9    State's Attorney of the county in which the prosecution
10    resulting in the forfeiture was instituted, deposited in a
11    special fund in the county treasury and appropriated to
12    the State's Attorney for use, at the discretion of the
13    State's Attorney, in the enforcement of criminal laws; or
14    for public education in the community or schools in the
15    prevention or detection of the abuse of drugs or alcohol;
16    or at the discretion of the State's Attorney, in addition
17    to other authorized purposes, to make grants to local
18    substance abuse treatment facilities and half-way houses.
19    In counties over 3,000,000 population, 25% will be
20    distributed to the Office of the State's Attorney for use,
21    at the discretion of the State's Attorney, in the
22    enforcement of criminal laws; or for public education in
23    the community or schools in the prevention or detection of
24    the abuse of drugs or alcohol; or at the discretion of the
25    State's Attorney, in addition to other authorized
26    purposes, to make grants to local substance abuse

 

 

HB3655- 1902 -LRB102 16922 WGH 22334 b

1    treatment facilities and half-way houses. If the
2    prosecution is undertaken solely by the Attorney General,
3    the portion provided shall be distributed to the Attorney
4    General for use in the enforcement of criminal laws
5    governing cannabis and controlled substances or for public
6    education in the community or schools in the prevention or
7    detection of the abuse of drugs or alcohol.
8        12.5% shall be distributed to the Office of the
9    State's Attorneys Appellate Prosecutor and shall be used
10    at the discretion of the State's Attorneys Appellate
11    Prosecutor for additional expenses incurred in the
12    investigation, prosecution and appeal of cases arising in
13    the enforcement of criminal laws; or for public education
14    in the community or schools in the prevention or detection
15    of the abuse of drugs or alcohol. The Office of the State's
16    Attorneys Appellate Prosecutor shall not receive
17    distribution from cases brought in counties with over
18    3,000,000 population.
19        (3) 10% shall be retained by the Illinois Department
20    of State Police for expenses related to the administration
21    and sale of seized and forfeited property.
22    (d) A law enforcement agency shall not retain forfeited
23property for its own use or transfer the property to any person
24or entity, except as provided under this Section. A law
25enforcement agency may apply in writing to the Director of the
26Illinois State Police to request that forfeited property be

 

 

HB3655- 1903 -LRB102 16922 WGH 22334 b

1awarded to the agency for a specifically articulated official
2law enforcement use in an investigation. The Director of the
3Illinois State Police shall provide a written justification in
4each instance detailing the reasons why the forfeited property
5was placed into official use, and the justification shall be
6retained for a period of not less than 3 years.
7(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
 
8    Section 985. The Cannabis Control Act is amended by
9changing Sections 3, 4, 8, 10.2, 11, 15.2, 16.2, and 17 as
10follows:
 
11    (720 ILCS 550/3)  (from Ch. 56 1/2, par. 703)
12    Sec. 3. As used in this Act, unless the context otherwise
13requires:
14    (a) "Cannabis" includes marihuana, hashish and other
15substances which are identified as including any parts of the
16plant Cannabis Sativa, whether growing or not; the seeds
17thereof, the resin extracted from any part of such plant; and
18any compound, manufacture, salt, derivative, mixture, or
19preparation of such plant, its seeds, or resin, including
20tetrahydrocannabinol (THC) and all other cannabinol
21derivatives, including its naturally occurring or
22synthetically produced ingredients, whether produced directly
23or indirectly by extraction, or independently by means of
24chemical synthesis or by a combination of extraction and

 

 

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1chemical synthesis; but shall not include the mature stalks of
2such plant, fiber produced from such stalks, oil or cake made
3from the seeds of such plant, any other compound, manufacture,
4salt, derivative, mixture, or preparation of such mature
5stalks (except the resin extracted therefrom), fiber, oil or
6cake, or the sterilized seed of such plant which is incapable
7of germination.
8    (b) "Casual delivery" means the delivery of not more than
910 grams of any substance containing cannabis without
10consideration.
11    (c) "Department" means the Illinois Department of Human
12Services (as successor to the Department of Alcoholism and
13Substance Abuse) or its successor agency.
14    (d) "Deliver" or "delivery" means the actual, constructive
15or attempted transfer of possession of cannabis, with or
16without consideration, whether or not there is an agency
17relationship.
18    (e) (Blank). "Department of State Police" means the
19Department of State Police of the State of Illinois or its
20successor agency.
21    (f) "Director" means the Director of the Illinois
22Department of State Police or his designated agent.
23    (g) "Local authorities" means a duly organized State,
24county, or municipal peace unit or police force.
25    (h) "Manufacture" means the production, preparation,
26propagation, compounding, conversion or processing of

 

 

HB3655- 1905 -LRB102 16922 WGH 22334 b

1cannabis, either directly or indirectly, by extraction from
2substances of natural origin, or independently by means of
3chemical synthesis, or by a combination of extraction and
4chemical synthesis, and includes any packaging or repackaging
5of cannabis or labeling of its container, except that this
6term does not include the preparation, compounding, packaging,
7or labeling of cannabis as an incident to lawful research,
8teaching, or chemical analysis and not for sale.
9    (i) "Person" means any individual, corporation, government
10or governmental subdivision or agency, business trust, estate,
11trust, partnership or association, or any other entity.
12    (j) "Produce" or "production" means planting, cultivating,
13tending or harvesting.
14    (k) "State" includes the State of Illinois and any state,
15district, commonwealth, territory, insular possession thereof,
16and any area subject to the legal authority of the United
17States of America.
18    (l) "Subsequent offense" means an offense under this Act,
19the offender of which, prior to his conviction of the offense,
20has at any time been convicted under this Act or under any laws
21of the United States or of any state relating to cannabis, or
22any controlled substance as defined in the Illinois Controlled
23Substances Act.
24(Source: P.A. 100-1091, eff. 8-26-18; 101-593, eff. 12-4-19.)
 
25    (720 ILCS 550/4)  (from Ch. 56 1/2, par. 704)

 

 

HB3655- 1906 -LRB102 16922 WGH 22334 b

1    Sec. 4. Except as otherwise provided in the Cannabis
2Regulation and Tax Act and the Industrial Hemp Act, it is
3unlawful for any person knowingly to possess cannabis.
4    Any person who violates this Section with respect to:
5        (a) not more than 10 grams of any substance containing
6    cannabis is guilty of a civil law violation punishable by
7    a minimum fine of $100 and a maximum fine of $200. The
8    proceeds of the fine shall be payable to the clerk of the
9    circuit court. Within 30 days after the deposit of the
10    fine, the clerk shall distribute the proceeds of the fine
11    as follows:
12            (1) $10 of the fine to the circuit clerk and $10 of
13        the fine to the law enforcement agency that issued the
14        citation; the proceeds of each $10 fine distributed to
15        the circuit clerk and each $10 fine distributed to the
16        law enforcement agency that issued the citation for
17        the violation shall be used to defer the cost of
18        automatic expungements under paragraph (2.5) of
19        subsection (a) of Section 5.2 of the Criminal
20        Identification Act;
21            (2) $15 to the county to fund drug addiction
22        services;
23            (3) $10 to the Office of the State's Attorneys
24        Appellate Prosecutor for use in training programs;
25            (4) $10 to the State's Attorney; and
26            (5) any remainder of the fine to the law

 

 

HB3655- 1907 -LRB102 16922 WGH 22334 b

1        enforcement agency that issued the citation for the
2        violation.
3        With respect to funds designated for the Illinois
4    Department of State Police, the moneys shall be remitted
5    by the circuit court clerk to the Illinois Department of
6    State Police within one month after receipt for deposit
7    into the State Police Operations Assistance Fund. With
8    respect to funds designated for the Department of Natural
9    Resources, the Department of Natural Resources shall
10    deposit the moneys into the Conservation Police Operations
11    Assistance Fund;
12        (b) more than 10 grams but not more than 30 grams of
13    any substance containing cannabis is guilty of a Class B
14    misdemeanor;
15        (c) more than 30 grams but not more than 100 grams of
16    any substance containing cannabis is guilty of a Class A
17    misdemeanor; provided, that if any offense under this
18    subsection (c) is a subsequent offense, the offender shall
19    be guilty of a Class 4 felony;
20        (d) more than 100 grams but not more than 500 grams of
21    any substance containing cannabis is guilty of a Class 4
22    felony; provided that if any offense under this subsection
23    (d) is a subsequent offense, the offender shall be guilty
24    of a Class 3 felony;
25        (e) more than 500 grams but not more than 2,000 grams
26    of any substance containing cannabis is guilty of a Class

 

 

HB3655- 1908 -LRB102 16922 WGH 22334 b

1    3 felony;
2        (f) more than 2,000 grams but not more than 5,000
3    grams of any substance containing cannabis is guilty of a
4    Class 2 felony;
5        (g) more than 5,000 grams of any substance containing
6    cannabis is guilty of a Class 1 felony.
7(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
8    (720 ILCS 550/8)  (from Ch. 56 1/2, par. 708)
9    Sec. 8. Except as otherwise provided in the Cannabis
10Regulation and Tax Act and the Industrial Hemp Act, it is
11unlawful for any person knowingly to produce the Cannabis
12sativa plant or to possess such plants unless production or
13possession has been authorized pursuant to the provisions of
14Section 11 or 15.2 of the Act. Any person who violates this
15Section with respect to production or possession of:
16        (a) Not more than 5 plants is guilty of a civil
17    violation punishable by a minimum fine of $100 and a
18    maximum fine of $200. The proceeds of the fine are payable
19    to the clerk of the circuit court. Within 30 days after the
20    deposit of the fine, the clerk shall distribute the
21    proceeds of the fine as follows:
22            (1) $10 of the fine to the circuit clerk and $10 of
23        the fine to the law enforcement agency that issued the
24        citation; the proceeds of each $10 fine distributed to
25        the circuit clerk and each $10 fine distributed to the

 

 

HB3655- 1909 -LRB102 16922 WGH 22334 b

1        law enforcement agency that issued the citation for
2        the violation shall be used to defer the cost of
3        automatic expungements under paragraph (2.5) of
4        subsection (a) of Section 5.2 of the Criminal
5        Identification Act;
6            (2) $15 to the county to fund drug addiction
7        services;
8            (3) $10 to the Office of the State's Attorneys
9        Appellate Prosecutor for use in training programs;
10            (4) $10 to the State's Attorney; and
11            (5) any remainder of the fine to the law
12        enforcement agency that issued the citation for the
13        violation.
14        With respect to funds designated for the Illinois
15    Department of State Police, the moneys shall be remitted
16    by the circuit court clerk to the Illinois Department of
17    State Police within one month after receipt for deposit
18    into the State Police Operations Assistance Fund. With
19    respect to funds designated for the Department of Natural
20    Resources, the Department of Natural Resources shall
21    deposit the moneys into the Conservation Police Operations
22    Assistance Fund.
23        (b) More than 5, but not more than 20 plants, is guilty
24    of a Class 4 felony.
25        (c) More than 20, but not more than 50 plants, is
26    guilty of a Class 3 felony.

 

 

HB3655- 1910 -LRB102 16922 WGH 22334 b

1        (d) More than 50, but not more than 200 plants, is
2    guilty of a Class 2 felony for which a fine not to exceed
3    $100,000 may be imposed and for which liability for the
4    cost of conducting the investigation and eradicating such
5    plants may be assessed. Compensation for expenses incurred
6    in the enforcement of this provision shall be transmitted
7    to and deposited in the treasurer's office at the level of
8    government represented by the Illinois law enforcement
9    agency whose officers or employees conducted the
10    investigation or caused the arrest or arrests leading to
11    the prosecution, to be subsequently made available to that
12    law enforcement agency as expendable receipts for use in
13    the enforcement of laws regulating controlled substances
14    and cannabis. If such seizure was made by a combination of
15    law enforcement personnel representing different levels of
16    government, the court levying the assessment shall
17    determine the allocation of such assessment. The proceeds
18    of assessment awarded to the State treasury shall be
19    deposited in a special fund known as the Drug Traffic
20    Prevention Fund.
21        (e) More than 200 plants is guilty of a Class 1 felony
22    for which a fine not to exceed $100,000 may be imposed and
23    for which liability for the cost of conducting the
24    investigation and eradicating such plants may be assessed.
25    Compensation for expenses incurred in the enforcement of
26    this provision shall be transmitted to and deposited in

 

 

HB3655- 1911 -LRB102 16922 WGH 22334 b

1    the treasurer's office at the level of government
2    represented by the Illinois law enforcement agency whose
3    officers or employees conducted the investigation or
4    caused the arrest or arrests leading to the prosecution,
5    to be subsequently made available to that law enforcement
6    agency as expendable receipts for use in the enforcement
7    of laws regulating controlled substances and cannabis. If
8    such seizure was made by a combination of law enforcement
9    personnel representing different levels of government, the
10    court levying the assessment shall determine the
11    allocation of such assessment. The proceeds of assessment
12    awarded to the State treasury shall be deposited in a
13    special fund known as the Drug Traffic Prevention Fund.
14(Source: P.A. 101-27, eff. 6-25-19; 101-593, eff. 12-4-19.)
 
15    (720 ILCS 550/10.2)  (from Ch. 56 1/2, par. 710.2)
16    Sec. 10.2. (a) Twelve and one-half percent of all amounts
17collected as fines pursuant to the provisions of this Act
18shall be paid into the Youth Drug Abuse Prevention Fund, which
19is hereby created in the State treasury, to be used by the
20Department of Human Services for the funding of programs and
21services for drug-abuse treatment, and prevention and
22education services, for juveniles.
23    (b) Eighty-seven and one-half percent of the proceeds of
24all fines received under the provisions of this Act shall be
25transmitted to and deposited in the treasurer's office at the

 

 

HB3655- 1912 -LRB102 16922 WGH 22334 b

1level of government as follows:
2        (1) If such seizure was made by a combination of law
3    enforcement personnel representing differing units of
4    local government, the court levying the fine shall
5    equitably allocate 50% of the fine among these units of
6    local government and shall allocate 37 1/2% to the county
7    general corporate fund. In the event that the seizure was
8    made by law enforcement personnel representing a unit of
9    local government from a municipality where the number of
10    inhabitants exceeds 2 million in population, the court
11    levying the fine shall allocate 87 1/2% of the fine to that
12    unit of local government. If the seizure was made by a
13    combination of law enforcement personnel representing
14    differing units of local government, and at least one of
15    those units represents a municipality where the number of
16    inhabitants exceeds 2 million in population, the court
17    shall equitably allocate 87 1/2% of the proceeds of the
18    fines received among the differing units of local
19    government.
20        (2) If such seizure was made by State law enforcement
21    personnel, then the court shall allocate 37 1/2% to the
22    State treasury and 50% to the county general corporate
23    fund.
24        (3) If a State law enforcement agency in combination
25    with a law enforcement agency or agencies of a unit or
26    units of local government conducted the seizure, the court

 

 

HB3655- 1913 -LRB102 16922 WGH 22334 b

1    shall equitably allocate 37 1/2% of the fines to or among
2    the law enforcement agency or agencies of the unit or
3    units of local government which conducted the seizure and
4    shall allocate 50% to the county general corporate fund.
5    (c) The proceeds of all fines allocated to the law
6enforcement agency or agencies of the unit or units of local
7government pursuant to subsection (b) shall be made available
8to that law enforcement agency as expendable receipts for use
9in the enforcement of laws regulating controlled substances
10and cannabis. The proceeds of fines awarded to the State
11treasury shall be deposited in a special fund known as the Drug
12Traffic Prevention Fund, except that amounts distributed to
13the Secretary of State shall be deposited into the Secretary
14of State Evidence Fund to be used as provided in Section 2-115
15of the Illinois Vehicle Code. Monies from this fund may be used
16by the Illinois Department of State Police for use in the
17enforcement of laws regulating controlled substances and
18cannabis; to satisfy funding provisions of the
19Intergovernmental Drug Laws Enforcement Act; to defray costs
20and expenses associated with returning violators of this Act,
21the Illinois Controlled Substances Act, and the
22Methamphetamine Control and Community Protection Act only, as
23provided in such Acts, when punishment of the crime shall be
24confinement of the criminal in the penitentiary; and all other
25monies shall be paid into the general revenue fund in the State
26treasury.

 

 

HB3655- 1914 -LRB102 16922 WGH 22334 b

1(Source: P.A. 94-556, eff. 9-11-05.)
 
2    (720 ILCS 550/11)  (from Ch. 56 1/2, par. 711)
3    Sec. 11. (a) The Department, with the written approval of
4the Illinois Department of State Police, may authorize the
5possession, production, manufacture and delivery of substances
6containing cannabis by persons engaged in research and when
7such authorization is requested by a physician licensed to
8practice medicine in all its branches, such authorization
9shall issue without unnecessary delay where the Department
10finds that such physician licensed to practice medicine in all
11its branches has certified that such possession, production,
12manufacture or delivery of such substance is necessary for the
13treatment of glaucoma, the side effects of chemotherapy or
14radiation therapy in cancer patients or such other procedure
15certified to be medically necessary; such authorization shall
16be, upon such terms and conditions as may be consistent with
17the public health and safety. To the extent of the applicable
18authorization, persons are exempt from prosecution in this
19State for possession, production, manufacture or delivery of
20cannabis.
21    (b) Persons registered under Federal law to conduct
22research with cannabis may conduct research with cannabis
23including, but not limited to treatment by a physician
24licensed to practice medicine in all its branches for
25glaucoma, the side effects of chemotherapy or radiation

 

 

HB3655- 1915 -LRB102 16922 WGH 22334 b

1therapy in cancer patients or such other procedure which is
2medically necessary within this State upon furnishing evidence
3of that Federal registration and notification of the scope and
4purpose of such research to the Department and to the Illinois
5Department of State Police of that Federal registration.
6    (c) Persons authorized to engage in research may be
7authorized by the Department to protect the privacy of
8individuals who are the subjects of such research by
9withholding from all persons not connected with the conduct of
10the research the names and other identifying characteristics
11of such individuals. Persons who are given this authorization
12shall not be compelled in any civil, criminal, administrative,
13legislative or other proceeding to identify the individuals
14who are the subjects of research for which the authorization
15was granted, except to the extent necessary to permit the
16Department to determine whether the research is being
17conducted in accordance with the authorization.
18(Source: P.A. 84-25.)
 
19    (720 ILCS 550/15.2)
20    Sec. 15.2. Industrial hemp pilot program.
21    (a) Pursuant to Section 7606 of the federal Agricultural
22Act of 2014, an institution of higher education or the
23Department of Agriculture may grow or cultivate industrial
24hemp if:
25        (1) the industrial hemp is grown or cultivated for

 

 

HB3655- 1916 -LRB102 16922 WGH 22334 b

1    purposes of research conducted under an agricultural pilot
2    program or other agricultural or academic research;
3        (2) the pilot program studies the growth, cultivation,
4    or marketing of industrial hemp; and
5        (3) any site used for the growing or cultivating of
6    industrial hemp is certified by, and registered with, the
7    Department of Agriculture.
8    (b) Before conducting industrial hemp research, an
9institution of higher education shall notify the Department of
10Agriculture and any local law enforcement agency in writing.
11    (c) The institution of higher education shall provide
12quarterly reports and an annual report to the Department of
13Agriculture on the research and the research program shall be
14subject to random inspection by the Department of Agriculture,
15the Illinois Department of State Police, or local law
16enforcement agencies. The institution of higher education
17shall submit the annual report to the Department of
18Agriculture on or before October 1.
19    (d) The Department of Agriculture may adopt rules to
20implement this Section. In order to provide for the
21expeditious and timely implementation of this Section, upon
22notification by an institution of higher education that the
23institution wishes to engage in the growth or cultivation of
24industrial hemp for agricultural research purposes, the
25Department of Agriculture may adopt emergency rules under
26Section 5-45 of the Illinois Administrative Procedure Act to

 

 

HB3655- 1917 -LRB102 16922 WGH 22334 b

1implement the provisions of this Section. If changes to the
2rules are required to comply with federal rules, the
3Department of Agriculture may adopt peremptory rules as
4necessary to comply with changes to corresponding federal
5rules. All other rules that the Department of Agriculture
6deems necessary to adopt in connection with this Section must
7proceed through the ordinary rule-making process. The adoption
8of emergency rules authorized by this Section shall be deemed
9to be necessary for the public interest, safety, and welfare.
10    The Department of Agriculture may determine, by rule, the
11duration of an institution of higher education's pilot program
12or industrial hemp research. If the institution of higher
13education has not completed its program within the timeframe
14established by rule, then the Department of Agriculture may
15grant an extension to the pilot program if unanticipated
16circumstances arose that impacted the program.
17    (e) As used in this Section:
18    "Industrial hemp" means cannabis sativa L. having no more
19than 0.3% total THC available, upon heating, or maximum
20delta-9 tetrahydrocannabinol content possible.
21    "Institution of higher education" means a State
22institution of higher education that offers a 4-year degree in
23agricultural science.
24(Source: P.A. 98-1072, eff. 1-1-15; 99-78, eff. 7-20-15.)
 
25    (720 ILCS 550/16.2)

 

 

HB3655- 1918 -LRB102 16922 WGH 22334 b

1    Sec. 16.2. Preservation of cannabis or cannabis sativa
2plants for laboratory testing.
3    (a) Before or after the trial in a prosecution for a
4violation of Section 4, 5, 5.1, 5.2, 8, or 9 of this Act, a law
5enforcement agency or an agent acting on behalf of the law
6enforcement agency must preserve, subject to a continuous
7chain of custody, not less than 6,001 grams of any substance
8containing cannabis and not less than 51 cannabis sativa
9plants with respect to the offenses enumerated in this
10subsection (a) and must maintain sufficient documentation to
11locate that evidence. Excess quantities with respect to the
12offenses enumerated in this subsection (a) cannot practicably
13be retained by a law enforcement agency because of its size,
14bulk, and physical character.
15    (b) The court may before trial transfer excess quantities
16of any substance containing cannabis or cannabis sativa plants
17with respect to a prosecution for any offense enumerated in
18subsection (a) to the sheriff of the county, or may in its
19discretion transfer such evidence to the Illinois Department
20of State Police, for destruction after notice is given to the
21defendant's attorney of record or to the defendant if the
22defendant is proceeding pro se.
23    (c) After a judgment of conviction is entered and the
24charged quantity is no longer needed for evidentiary purposes
25with respect to a prosecution for any offense enumerated in
26subsection (a), the court may transfer any substance

 

 

HB3655- 1919 -LRB102 16922 WGH 22334 b

1containing cannabis or cannabis sativa plants to the sheriff
2of the county, or may in its discretion transfer such evidence
3to the Illinois Department of State Police, for destruction
4after notice is given to the defendant's attorney of record or
5to the defendant if the defendant is proceeding pro se. No
6evidence shall be disposed of until 30 days after the judgment
7is entered, and if a notice of appeal is filed, no evidence
8shall be disposed of until the mandate has been received by the
9circuit court from the Appellate Court.
10(Source: P.A. 94-180, eff. 7-12-05.)
 
11    (720 ILCS 550/17)  (from Ch. 56 1/2, par. 717)
12    Sec. 17. It is hereby made the duty of the Illinois
13Department of State Police, all peace officers within the
14State and of all State's attorneys, to enforce all provisions
15of this Act and to cooperate with all agencies charged with the
16enforcement of the laws of the United States, of this State,
17and of all other states, relating to cannabis.
18(Source: P.A. 84-25.)
 
19    Section 990. The Illinois Controlled Substances Act is
20amended by changing Section 102 as follows:
 
21    (720 ILCS 570/102)  (from Ch. 56 1/2, par. 1102)
22    Sec. 102. Definitions. As used in this Act, unless the
23context otherwise requires:

 

 

HB3655- 1920 -LRB102 16922 WGH 22334 b

1    (a) "Addict" means any person who habitually uses any
2drug, chemical, substance or dangerous drug other than alcohol
3so as to endanger the public morals, health, safety or welfare
4or who is so far addicted to the use of a dangerous drug or
5controlled substance other than alcohol as to have lost the
6power of self control with reference to his or her addiction.
7    (b) "Administer" means the direct application of a
8controlled substance, whether by injection, inhalation,
9ingestion, or any other means, to the body of a patient,
10research subject, or animal (as defined by the Humane
11Euthanasia in Animal Shelters Act) by:
12        (1) a practitioner (or, in his or her presence, by his
13    or her authorized agent),
14        (2) the patient or research subject pursuant to an
15    order, or
16        (3) a euthanasia technician as defined by the Humane
17    Euthanasia in Animal Shelters Act.
18    (c) "Agent" means an authorized person who acts on behalf
19of or at the direction of a manufacturer, distributor,
20dispenser, prescriber, or practitioner. It does not include a
21common or contract carrier, public warehouseman or employee of
22the carrier or warehouseman.
23    (c-1) "Anabolic Steroids" means any drug or hormonal
24substance, chemically and pharmacologically related to
25testosterone (other than estrogens, progestins,
26corticosteroids, and dehydroepiandrosterone), and includes:

 

 

HB3655- 1921 -LRB102 16922 WGH 22334 b

1    (i) 3[beta],17-dihydroxy-5a-androstane, 
2    (ii) 3[alpha],17[beta]-dihydroxy-5a-androstane, 
3    (iii) 5[alpha]-androstan-3,17-dione, 
4    (iv) 1-androstenediol (3[beta], 
5        17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
6    (v) 1-androstenediol (3[alpha], 
7        17[beta]-dihydroxy-5[alpha]-androst-1-ene), 
8    (vi) 4-androstenediol  
9        (3[beta],17[beta]-dihydroxy-androst-4-ene), 
10    (vii) 5-androstenediol  
11        (3[beta],17[beta]-dihydroxy-androst-5-ene), 
12    (viii) 1-androstenedione  
13        ([5alpha]-androst-1-en-3,17-dione), 
14    (ix) 4-androstenedione  
15        (androst-4-en-3,17-dione), 
16    (x) 5-androstenedione  
17        (androst-5-en-3,17-dione), 
18    (xi) bolasterone (7[alpha],17a-dimethyl-17[beta]- 
19        hydroxyandrost-4-en-3-one), 
20    (xii) boldenone (17[beta]-hydroxyandrost- 
21        1,4,-diene-3-one), 
22    (xiii) boldione (androsta-1,4- 
23        diene-3,17-dione), 
24    (xiv) calusterone (7[beta],17[alpha]-dimethyl-17 
25        [beta]-hydroxyandrost-4-en-3-one), 
26    (xv) clostebol (4-chloro-17[beta]- 

 

 

HB3655- 1922 -LRB102 16922 WGH 22334 b

1        hydroxyandrost-4-en-3-one), 
2    (xvi) dehydrochloromethyltestosterone (4-chloro- 
3        17[beta]-hydroxy-17[alpha]-methyl- 
4        androst-1,4-dien-3-one), 
5    (xvii) desoxymethyltestosterone 
6    (17[alpha]-methyl-5[alpha] 
7        -androst-2-en-17[beta]-ol)(a.k.a., madol), 
8    (xviii) [delta]1-dihydrotestosterone (a.k.a.  
9        '1-testosterone') (17[beta]-hydroxy- 
10        5[alpha]-androst-1-en-3-one), 
11    (xix) 4-dihydrotestosterone (17[beta]-hydroxy- 
12        androstan-3-one), 
13    (xx) drostanolone (17[beta]-hydroxy-2[alpha]-methyl- 
14        5[alpha]-androstan-3-one), 
15    (xxi) ethylestrenol (17[alpha]-ethyl-17[beta]- 
16        hydroxyestr-4-ene), 
17    (xxii) fluoxymesterone (9-fluoro-17[alpha]-methyl- 
18        1[beta],17[beta]-dihydroxyandrost-4-en-3-one), 
19    (xxiii) formebolone (2-formyl-17[alpha]-methyl-11[alpha], 
20        17[beta]-dihydroxyandrost-1,4-dien-3-one), 
21    (xxiv) furazabol (17[alpha]-methyl-17[beta]- 
22        hydroxyandrostano[2,3-c]-furazan), 
23    (xxv) 13[beta]-ethyl-17[beta]-hydroxygon-4-en-3-one, 
24    (xxvi) 4-hydroxytestosterone (4,17[beta]-dihydroxy- 
25        androst-4-en-3-one), 
26    (xxvii) 4-hydroxy-19-nortestosterone (4,17[beta]- 

 

 

HB3655- 1923 -LRB102 16922 WGH 22334 b

1        dihydroxy-estr-4-en-3-one), 
2    (xxviii) mestanolone (17[alpha]-methyl-17[beta]- 
3        hydroxy-5-androstan-3-one), 
4    (xxix) mesterolone (1amethyl-17[beta]-hydroxy- 
5        [5a]-androstan-3-one), 
6    (xxx) methandienone (17[alpha]-methyl-17[beta]- 
7        hydroxyandrost-1,4-dien-3-one), 
8    (xxxi) methandriol (17[alpha]-methyl-3[beta],17[beta]- 
9        dihydroxyandrost-5-ene), 
10    (xxxii) methenolone (1-methyl-17[beta]-hydroxy- 
11        5[alpha]-androst-1-en-3-one), 
12    (xxxiii) 17[alpha]-methyl-3[beta], 17[beta]- 
13        dihydroxy-5a-androstane, 
14    (xxxiv) 17[alpha]-methyl-3[alpha],17[beta]-dihydroxy 
15        -5a-androstane, 
16    (xxxv) 17[alpha]-methyl-3[beta],17[beta]- 
17        dihydroxyandrost-4-ene), 
18    (xxxvi) 17[alpha]-methyl-4-hydroxynandrolone (17[alpha]- 
19        methyl-4-hydroxy-17[beta]-hydroxyestr-4-en-3-one), 
20    (xxxvii) methyldienolone (17[alpha]-methyl-17[beta]- 
21        hydroxyestra-4,9(10)-dien-3-one), 
22    (xxxviii) methyltrienolone (17[alpha]-methyl-17[beta]- 
23        hydroxyestra-4,9-11-trien-3-one), 
24    (xxxix) methyltestosterone (17[alpha]-methyl-17[beta]- 
25        hydroxyandrost-4-en-3-one), 
26    (xl) mibolerone (7[alpha],17a-dimethyl-17[beta]- 

 

 

HB3655- 1924 -LRB102 16922 WGH 22334 b

1        hydroxyestr-4-en-3-one), 
2    (xli) 17[alpha]-methyl-[delta]1-dihydrotestosterone  
3        (17b[beta]-hydroxy-17[alpha]-methyl-5[alpha]- 
4        androst-1-en-3-one)(a.k.a. '17-[alpha]-methyl- 
5        1-testosterone'), 
6    (xlii) nandrolone (17[beta]-hydroxyestr-4-en-3-one), 
7    (xliii) 19-nor-4-androstenediol (3[beta], 17[beta]- 
8        dihydroxyestr-4-ene), 
9    (xliv) 19-nor-4-androstenediol (3[alpha], 17[beta]- 
10        dihydroxyestr-4-ene), 
11    (xlv) 19-nor-5-androstenediol (3[beta], 17[beta]- 
12        dihydroxyestr-5-ene), 
13    (xlvi) 19-nor-5-androstenediol (3[alpha], 17[beta]- 
14        dihydroxyestr-5-ene), 
15    (xlvii) 19-nor-4,9(10)-androstadienedione  
16        (estra-4,9(10)-diene-3,17-dione), 
17    (xlviii) 19-nor-4-androstenedione (estr-4- 
18        en-3,17-dione), 
19    (xlix) 19-nor-5-androstenedione (estr-5- 
20        en-3,17-dione), 
21    (l) norbolethone (13[beta], 17a-diethyl-17[beta]- 
22        hydroxygon-4-en-3-one), 
23    (li) norclostebol (4-chloro-17[beta]- 
24        hydroxyestr-4-en-3-one), 
25    (lii) norethandrolone (17[alpha]-ethyl-17[beta]- 
26        hydroxyestr-4-en-3-one), 

 

 

HB3655- 1925 -LRB102 16922 WGH 22334 b

1    (liii) normethandrolone (17[alpha]-methyl-17[beta]- 
2        hydroxyestr-4-en-3-one), 
3    (liv) oxandrolone (17[alpha]-methyl-17[beta]-hydroxy- 
4        2-oxa-5[alpha]-androstan-3-one), 
5    (lv) oxymesterone (17[alpha]-methyl-4,17[beta]- 
6        dihydroxyandrost-4-en-3-one), 
7    (lvi) oxymetholone (17[alpha]-methyl-2-hydroxymethylene- 
8        17[beta]-hydroxy-(5[alpha]-androstan-3-one), 
9    (lvii) stanozolol (17[alpha]-methyl-17[beta]-hydroxy- 
10        (5[alpha]-androst-2-eno[3,2-c]-pyrazole), 
11    (lviii) stenbolone (17[beta]-hydroxy-2-methyl- 
12        (5[alpha]-androst-1-en-3-one), 
13    (lix) testolactone (13-hydroxy-3-oxo-13,17- 
14        secoandrosta-1,4-dien-17-oic 
15        acid lactone), 
16    (lx) testosterone (17[beta]-hydroxyandrost- 
17        4-en-3-one), 
18    (lxi) tetrahydrogestrinone (13[beta], 17[alpha]- 
19        diethyl-17[beta]-hydroxygon- 
20        4,9,11-trien-3-one), 
21    (lxii) trenbolone (17[beta]-hydroxyestr-4,9, 
22        11-trien-3-one). 
23    Any person who is otherwise lawfully in possession of an
24anabolic steroid, or who otherwise lawfully manufactures,
25distributes, dispenses, delivers, or possesses with intent to
26deliver an anabolic steroid, which anabolic steroid is

 

 

HB3655- 1926 -LRB102 16922 WGH 22334 b

1expressly intended for and lawfully allowed to be administered
2through implants to livestock or other nonhuman species, and
3which is approved by the Secretary of Health and Human
4Services for such administration, and which the person intends
5to administer or have administered through such implants,
6shall not be considered to be in unauthorized possession or to
7unlawfully manufacture, distribute, dispense, deliver, or
8possess with intent to deliver such anabolic steroid for
9purposes of this Act.
10    (d) "Administration" means the Drug Enforcement
11Administration, United States Department of Justice, or its
12successor agency.
13    (d-5) "Clinical Director, Prescription Monitoring Program"
14means a Department of Human Services administrative employee
15licensed to either prescribe or dispense controlled substances
16who shall run the clinical aspects of the Department of Human
17Services Prescription Monitoring Program and its Prescription
18Information Library.
19    (d-10) "Compounding" means the preparation and mixing of
20components, excluding flavorings, (1) as the result of a
21prescriber's prescription drug order or initiative based on
22the prescriber-patient-pharmacist relationship in the course
23of professional practice or (2) for the purpose of, or
24incident to, research, teaching, or chemical analysis and not
25for sale or dispensing. "Compounding" includes the preparation
26of drugs or devices in anticipation of receiving prescription

 

 

HB3655- 1927 -LRB102 16922 WGH 22334 b

1drug orders based on routine, regularly observed dispensing
2patterns. Commercially available products may be compounded
3for dispensing to individual patients only if both of the
4following conditions are met: (i) the commercial product is
5not reasonably available from normal distribution channels in
6a timely manner to meet the patient's needs and (ii) the
7prescribing practitioner has requested that the drug be
8compounded.
9    (e) "Control" means to add a drug or other substance, or
10immediate precursor, to a Schedule whether by transfer from
11another Schedule or otherwise.
12    (f) "Controlled Substance" means (i) a drug, substance,
13immediate precursor, or synthetic drug in the Schedules of
14Article II of this Act or (ii) a drug or other substance, or
15immediate precursor, designated as a controlled substance by
16the Department through administrative rule. The term does not
17include distilled spirits, wine, malt beverages, or tobacco,
18as those terms are defined or used in the Liquor Control Act of
191934 and the Tobacco Products Tax Act of 1995.
20    (f-5) "Controlled substance analog" means a substance:
21        (1) the chemical structure of which is substantially
22    similar to the chemical structure of a controlled
23    substance in Schedule I or II;
24        (2) which has a stimulant, depressant, or
25    hallucinogenic effect on the central nervous system that
26    is substantially similar to or greater than the stimulant,

 

 

HB3655- 1928 -LRB102 16922 WGH 22334 b

1    depressant, or hallucinogenic effect on the central
2    nervous system of a controlled substance in Schedule I or
3    II; or
4        (3) with respect to a particular person, which such
5    person represents or intends to have a stimulant,
6    depressant, or hallucinogenic effect on the central
7    nervous system that is substantially similar to or greater
8    than the stimulant, depressant, or hallucinogenic effect
9    on the central nervous system of a controlled substance in
10    Schedule I or II.
11    (g) "Counterfeit substance" means a controlled substance,
12which, or the container or labeling of which, without
13authorization bears the trademark, trade name, or other
14identifying mark, imprint, number or device, or any likeness
15thereof, of a manufacturer, distributor, or dispenser other
16than the person who in fact manufactured, distributed, or
17dispensed the substance.
18    (h) "Deliver" or "delivery" means the actual, constructive
19or attempted transfer of possession of a controlled substance,
20with or without consideration, whether or not there is an
21agency relationship.
22    (i) "Department" means the Illinois Department of Human
23Services (as successor to the Department of Alcoholism and
24Substance Abuse) or its successor agency.
25    (j) (Blank).
26    (k) "Department of Corrections" means the Department of

 

 

HB3655- 1929 -LRB102 16922 WGH 22334 b

1Corrections of the State of Illinois or its successor agency.
2    (l) "Department of Financial and Professional Regulation"
3means the Department of Financial and Professional Regulation
4of the State of Illinois or its successor agency.
5    (m) "Depressant" means any drug that (i) causes an overall
6depression of central nervous system functions, (ii) causes
7impaired consciousness and awareness, and (iii) can be
8habit-forming or lead to a substance abuse problem, including
9but not limited to alcohol, cannabis and its active principles
10and their analogs, benzodiazepines and their analogs,
11barbiturates and their analogs, opioids (natural and
12synthetic) and their analogs, and chloral hydrate and similar
13sedative hypnotics.
14    (n) (Blank).
15    (o) "Director" means the Director of the Illinois State
16Police or his or her designated agents.
17    (p) "Dispense" means to deliver a controlled substance to
18an ultimate user or research subject by or pursuant to the
19lawful order of a prescriber, including the prescribing,
20administering, packaging, labeling, or compounding necessary
21to prepare the substance for that delivery.
22    (q) "Dispenser" means a practitioner who dispenses.
23    (r) "Distribute" means to deliver, other than by
24administering or dispensing, a controlled substance.
25    (s) "Distributor" means a person who distributes.
26    (t) "Drug" means (1) substances recognized as drugs in the

 

 

HB3655- 1930 -LRB102 16922 WGH 22334 b

1official United States Pharmacopoeia, Official Homeopathic
2Pharmacopoeia of the United States, or official National
3Formulary, or any supplement to any of them; (2) substances
4intended for use in diagnosis, cure, mitigation, treatment, or
5prevention of disease in man or animals; (3) substances (other
6than food) intended to affect the structure of any function of
7the body of man or animals and (4) substances intended for use
8as a component of any article specified in clause (1), (2), or
9(3) of this subsection. It does not include devices or their
10components, parts, or accessories.
11    (t-3) "Electronic health record" or "EHR" means an
12electronic record of health-related information on an
13individual that is created, gathered, managed, and consulted
14by authorized health care clinicians and staff.
15    (t-4) "Emergency medical services personnel" has the
16meaning ascribed to it in the Emergency Medical Services (EMS)
17Systems Act.
18    (t-5) "Euthanasia agency" means an entity certified by the
19Department of Financial and Professional Regulation for the
20purpose of animal euthanasia that holds an animal control
21facility license or animal shelter license under the Animal
22Welfare Act. A euthanasia agency is authorized to purchase,
23store, possess, and utilize Schedule II nonnarcotic and
24Schedule III nonnarcotic drugs for the sole purpose of animal
25euthanasia.
26    (t-10) "Euthanasia drugs" means Schedule II or Schedule

 

 

HB3655- 1931 -LRB102 16922 WGH 22334 b

1III substances (nonnarcotic controlled substances) that are
2used by a euthanasia agency for the purpose of animal
3euthanasia.
4    (u) "Good faith" means the prescribing or dispensing of a
5controlled substance by a practitioner in the regular course
6of professional treatment to or for any person who is under his
7or her treatment for a pathology or condition other than that
8individual's physical or psychological dependence upon or
9addiction to a controlled substance, except as provided
10herein: and application of the term to a pharmacist shall mean
11the dispensing of a controlled substance pursuant to the
12prescriber's order which in the professional judgment of the
13pharmacist is lawful. The pharmacist shall be guided by
14accepted professional standards including, but not limited to
15the following, in making the judgment:
16        (1) lack of consistency of prescriber-patient
17    relationship,
18        (2) frequency of prescriptions for same drug by one
19    prescriber for large numbers of patients,
20        (3) quantities beyond those normally prescribed,
21        (4) unusual dosages (recognizing that there may be
22    clinical circumstances where more or less than the usual
23    dose may be used legitimately),
24        (5) unusual geographic distances between patient,
25    pharmacist and prescriber,
26        (6) consistent prescribing of habit-forming drugs.

 

 

HB3655- 1932 -LRB102 16922 WGH 22334 b

1    (u-0.5) "Hallucinogen" means a drug that causes markedly
2altered sensory perception leading to hallucinations of any
3type.
4    (u-1) "Home infusion services" means services provided by
5a pharmacy in compounding solutions for direct administration
6to a patient in a private residence, long-term care facility,
7or hospice setting by means of parenteral, intravenous,
8intramuscular, subcutaneous, or intraspinal infusion.
9    (u-5) "Illinois State Police" means the Illinois State
10Police of the State of Illinois, or its successor agency.
11    (v) "Immediate precursor" means a substance:
12        (1) which the Department has found to be and by rule
13    designated as being a principal compound used, or produced
14    primarily for use, in the manufacture of a controlled
15    substance;
16        (2) which is an immediate chemical intermediary used
17    or likely to be used in the manufacture of such controlled
18    substance; and
19        (3) the control of which is necessary to prevent,
20    curtail or limit the manufacture of such controlled
21    substance.
22    (w) "Instructional activities" means the acts of teaching,
23educating or instructing by practitioners using controlled
24substances within educational facilities approved by the State
25Board of Education or its successor agency.
26    (x) "Local authorities" means a duly organized State,

 

 

HB3655- 1933 -LRB102 16922 WGH 22334 b

1County or Municipal peace unit or police force.
2    (y) "Look-alike substance" means a substance, other than a
3controlled substance which (1) by overall dosage unit
4appearance, including shape, color, size, markings or lack
5thereof, taste, consistency, or any other identifying physical
6characteristic of the substance, would lead a reasonable
7person to believe that the substance is a controlled
8substance, or (2) is expressly or impliedly represented to be
9a controlled substance or is distributed under circumstances
10which would lead a reasonable person to believe that the
11substance is a controlled substance. For the purpose of
12determining whether the representations made or the
13circumstances of the distribution would lead a reasonable
14person to believe the substance to be a controlled substance
15under this clause (2) of subsection (y), the court or other
16authority may consider the following factors in addition to
17any other factor that may be relevant:
18        (a) statements made by the owner or person in control
19    of the substance concerning its nature, use or effect;
20        (b) statements made to the buyer or recipient that the
21    substance may be resold for profit;
22        (c) whether the substance is packaged in a manner
23    normally used for the illegal distribution of controlled
24    substances;
25        (d) whether the distribution or attempted distribution
26    included an exchange of or demand for money or other

 

 

HB3655- 1934 -LRB102 16922 WGH 22334 b

1    property as consideration, and whether the amount of the
2    consideration was substantially greater than the
3    reasonable retail market value of the substance.
4    Clause (1) of this subsection (y) shall not apply to a
5noncontrolled substance in its finished dosage form that was
6initially introduced into commerce prior to the initial
7introduction into commerce of a controlled substance in its
8finished dosage form which it may substantially resemble.
9    Nothing in this subsection (y) prohibits the dispensing or
10distributing of noncontrolled substances by persons authorized
11to dispense and distribute controlled substances under this
12Act, provided that such action would be deemed to be carried
13out in good faith under subsection (u) if the substances
14involved were controlled substances.
15    Nothing in this subsection (y) or in this Act prohibits
16the manufacture, preparation, propagation, compounding,
17processing, packaging, advertising or distribution of a drug
18or drugs by any person registered pursuant to Section 510 of
19the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360).
20    (y-1) "Mail-order pharmacy" means a pharmacy that is
21located in a state of the United States that delivers,
22dispenses or distributes, through the United States Postal
23Service or other common carrier, to Illinois residents, any
24substance which requires a prescription.
25    (z) "Manufacture" means the production, preparation,
26propagation, compounding, conversion or processing of a

 

 

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1controlled substance other than methamphetamine, either
2directly or indirectly, by extraction from substances of
3natural origin, or independently by means of chemical
4synthesis, or by a combination of extraction and chemical
5synthesis, and includes any packaging or repackaging of the
6substance or labeling of its container, except that this term
7does not include:
8        (1) by an ultimate user, the preparation or
9    compounding of a controlled substance for his or her own
10    use; or
11        (2) by a practitioner, or his or her authorized agent
12    under his or her supervision, the preparation,
13    compounding, packaging, or labeling of a controlled
14    substance:
15            (a) as an incident to his or her administering or
16        dispensing of a controlled substance in the course of
17        his or her professional practice; or
18            (b) as an incident to lawful research, teaching or
19        chemical analysis and not for sale.
20    (z-1) (Blank).
21    (z-5) "Medication shopping" means the conduct prohibited
22under subsection (a) of Section 314.5 of this Act.
23    (z-10) "Mid-level practitioner" means (i) a physician
24assistant who has been delegated authority to prescribe
25through a written delegation of authority by a physician
26licensed to practice medicine in all of its branches, in

 

 

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1accordance with Section 7.5 of the Physician Assistant
2Practice Act of 1987, (ii) an advanced practice registered
3nurse who has been delegated authority to prescribe through a
4written delegation of authority by a physician licensed to
5practice medicine in all of its branches or by a podiatric
6physician, in accordance with Section 65-40 of the Nurse
7Practice Act, (iii) an advanced practice registered nurse
8certified as a nurse practitioner, nurse midwife, or clinical
9nurse specialist who has been granted authority to prescribe
10by a hospital affiliate in accordance with Section 65-45 of
11the Nurse Practice Act, (iv) an animal euthanasia agency, or
12(v) a prescribing psychologist.
13    (aa) "Narcotic drug" means any of the following, whether
14produced directly or indirectly by extraction from substances
15of vegetable origin, or independently by means of chemical
16synthesis, or by a combination of extraction and chemical
17synthesis:
18        (1) opium, opiates, derivatives of opium and opiates,
19    including their isomers, esters, ethers, salts, and salts
20    of isomers, esters, and ethers, whenever the existence of
21    such isomers, esters, ethers, and salts is possible within
22    the specific chemical designation; however the term
23    "narcotic drug" does not include the isoquinoline
24    alkaloids of opium;
25        (2) (blank);
26        (3) opium poppy and poppy straw;

 

 

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1        (4) coca leaves, except coca leaves and extracts of
2    coca leaves from which substantially all of the cocaine
3    and ecgonine, and their isomers, derivatives and salts,
4    have been removed;
5        (5) cocaine, its salts, optical and geometric isomers,
6    and salts of isomers;
7        (6) ecgonine, its derivatives, their salts, isomers,
8    and salts of isomers;
9        (7) any compound, mixture, or preparation which
10    contains any quantity of any of the substances referred to
11    in subparagraphs (1) through (6).
12    (bb) "Nurse" means a registered nurse licensed under the
13Nurse Practice Act.
14    (cc) (Blank).
15    (dd) "Opiate" means any substance having an addiction
16forming or addiction sustaining liability similar to morphine
17or being capable of conversion into a drug having addiction
18forming or addiction sustaining liability.
19    (ee) "Opium poppy" means the plant of the species Papaver
20somniferum L., except its seeds.
21    (ee-5) "Oral dosage" means a tablet, capsule, elixir, or
22solution or other liquid form of medication intended for
23administration by mouth, but the term does not include a form
24of medication intended for buccal, sublingual, or transmucosal
25administration.
26    (ff) "Parole and Pardon Board" means the Parole and Pardon

 

 

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1Board of the State of Illinois or its successor agency.
2    (gg) "Person" means any individual, corporation,
3mail-order pharmacy, government or governmental subdivision or
4agency, business trust, estate, trust, partnership or
5association, or any other entity.
6    (hh) "Pharmacist" means any person who holds a license or
7certificate of registration as a registered pharmacist, a
8local registered pharmacist or a registered assistant
9pharmacist under the Pharmacy Practice Act.
10    (ii) "Pharmacy" means any store, ship or other place in
11which pharmacy is authorized to be practiced under the
12Pharmacy Practice Act.
13    (ii-5) "Pharmacy shopping" means the conduct prohibited
14under subsection (b) of Section 314.5 of this Act.
15    (ii-10) "Physician" (except when the context otherwise
16requires) means a person licensed to practice medicine in all
17of its branches.
18    (jj) "Poppy straw" means all parts, except the seeds, of
19the opium poppy, after mowing.
20    (kk) "Practitioner" means a physician licensed to practice
21medicine in all its branches, dentist, optometrist, podiatric
22physician, veterinarian, scientific investigator, pharmacist,
23physician assistant, advanced practice registered nurse,
24licensed practical nurse, registered nurse, emergency medical
25services personnel, hospital, laboratory, or pharmacy, or
26other person licensed, registered, or otherwise lawfully

 

 

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1permitted by the United States or this State to distribute,
2dispense, conduct research with respect to, administer or use
3in teaching or chemical analysis, a controlled substance in
4the course of professional practice or research.
5    (ll) "Pre-printed prescription" means a written
6prescription upon which the designated drug has been indicated
7prior to the time of issuance; the term does not mean a written
8prescription that is individually generated by machine or
9computer in the prescriber's office.
10    (mm) "Prescriber" means a physician licensed to practice
11medicine in all its branches, dentist, optometrist,
12prescribing psychologist licensed under Section 4.2 of the
13Clinical Psychologist Licensing Act with prescriptive
14authority delegated under Section 4.3 of the Clinical
15Psychologist Licensing Act, podiatric physician, or
16veterinarian who issues a prescription, a physician assistant
17who issues a prescription for a controlled substance in
18accordance with Section 303.05, a written delegation, and a
19written collaborative agreement required under Section 7.5 of
20the Physician Assistant Practice Act of 1987, an advanced
21practice registered nurse with prescriptive authority
22delegated under Section 65-40 of the Nurse Practice Act and in
23accordance with Section 303.05, a written delegation, and a
24written collaborative agreement under Section 65-35 of the
25Nurse Practice Act, an advanced practice registered nurse
26certified as a nurse practitioner, nurse midwife, or clinical

 

 

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1nurse specialist who has been granted authority to prescribe
2by a hospital affiliate in accordance with Section 65-45 of
3the Nurse Practice Act and in accordance with Section 303.05,
4or an advanced practice registered nurse certified as a nurse
5practitioner, nurse midwife, or clinical nurse specialist who
6has full practice authority pursuant to Section 65-43 of the
7Nurse Practice Act.
8    (nn) "Prescription" means a written, facsimile, or oral
9order, or an electronic order that complies with applicable
10federal requirements, of a physician licensed to practice
11medicine in all its branches, dentist, podiatric physician or
12veterinarian for any controlled substance, of an optometrist
13in accordance with Section 15.1 of the Illinois Optometric
14Practice Act of 1987, of a prescribing psychologist licensed
15under Section 4.2 of the Clinical Psychologist Licensing Act
16with prescriptive authority delegated under Section 4.3 of the
17Clinical Psychologist Licensing Act, of a physician assistant
18for a controlled substance in accordance with Section 303.05,
19a written delegation, and a written collaborative agreement
20required under Section 7.5 of the Physician Assistant Practice
21Act of 1987, of an advanced practice registered nurse with
22prescriptive authority delegated under Section 65-40 of the
23Nurse Practice Act who issues a prescription for a controlled
24substance in accordance with Section 303.05, a written
25delegation, and a written collaborative agreement under
26Section 65-35 of the Nurse Practice Act, of an advanced

 

 

HB3655- 1941 -LRB102 16922 WGH 22334 b

1practice registered nurse certified as a nurse practitioner,
2nurse midwife, or clinical nurse specialist who has been
3granted authority to prescribe by a hospital affiliate in
4accordance with Section 65-45 of the Nurse Practice Act and in
5accordance with Section 303.05 when required by law, or of an
6advanced practice registered nurse certified as a nurse
7practitioner, nurse midwife, or clinical nurse specialist who
8has full practice authority pursuant to Section 65-43 of the
9Nurse Practice Act.
10    (nn-5) "Prescription Information Library" (PIL) means an
11electronic library that contains reported controlled substance
12data.
13    (nn-10) "Prescription Monitoring Program" (PMP) means the
14entity that collects, tracks, and stores reported data on
15controlled substances and select drugs pursuant to Section
16316.
17    (oo) "Production" or "produce" means manufacture,
18planting, cultivating, growing, or harvesting of a controlled
19substance other than methamphetamine.
20    (pp) "Registrant" means every person who is required to
21register under Section 302 of this Act.
22    (qq) "Registry number" means the number assigned to each
23person authorized to handle controlled substances under the
24laws of the United States and of this State.
25    (qq-5) "Secretary" means, as the context requires, either
26the Secretary of the Department or the Secretary of the

 

 

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1Department of Financial and Professional Regulation, and the
2Secretary's designated agents.
3    (rr) "State" includes the State of Illinois and any state,
4district, commonwealth, territory, insular possession thereof,
5and any area subject to the legal authority of the United
6States of America.
7    (rr-5) "Stimulant" means any drug that (i) causes an
8overall excitation of central nervous system functions, (ii)
9causes impaired consciousness and awareness, and (iii) can be
10habit-forming or lead to a substance abuse problem, including
11but not limited to amphetamines and their analogs,
12methylphenidate and its analogs, cocaine, and phencyclidine
13and its analogs.
14    (rr-10) "Synthetic drug" includes, but is not limited to,
15any synthetic cannabinoids or piperazines or any synthetic
16cathinones as provided for in Schedule I.
17    (ss) "Ultimate user" means a person who lawfully possesses
18a controlled substance for his or her own use or for the use of
19a member of his or her household or for administering to an
20animal owned by him or her or by a member of his or her
21household.
22(Source: P.A. 99-78, eff. 7-20-15; 99-173, eff. 7-29-15;
2399-371, eff. 1-1-16; 99-480, eff. 9-9-15; 99-642, eff.
247-28-16; 100-280, eff. 1-1-18; 100-453, eff. 8-25-17; 100-513,
25eff. 1-1-18; 100-789, eff. 1-1-19; 100-863, eff. 8-14-18.)
 

 

 

HB3655- 1943 -LRB102 16922 WGH 22334 b

1    Section 1000. The Methamphetamine Control and Community
2Protection Act is amended by changing Sections 10, 90, and 95
3as follows:
 
4    (720 ILCS 646/10)
5    Sec. 10. Definitions. As used in this Act:
6    "Anhydrous ammonia" has the meaning provided in subsection
7(d) of Section 3 of the Illinois Fertilizer Act of 1961.
8    "Anhydrous ammonia equipment" means all items used to
9store, hold, contain, handle, transfer, transport, or apply
10anhydrous ammonia for lawful purposes.
11    "Booby trap" means any device designed to cause physical
12injury when triggered by an act of a person approaching,
13entering, or moving through a structure, a vehicle, or any
14location where methamphetamine has been manufactured, is being
15manufactured, or is intended to be manufactured.
16    "Deliver" or "delivery" has the meaning provided in
17subsection (h) of Section 102 of the Illinois Controlled
18Substances Act.
19    "Director" means the Director of the Illinois State Police
20or the Director's designated agents.
21    "Dispose" or "disposal" means to abandon, discharge,
22release, deposit, inject, dump, spill, leak, or place
23methamphetamine waste onto or into any land, water, or well of
24any type so that the waste has the potential to enter the
25environment, be emitted into the air, or be discharged into

 

 

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1the soil or any waters, including groundwater.
2    "Emergency response" means the act of collecting evidence
3from or securing a methamphetamine laboratory site,
4methamphetamine waste site or other methamphetamine-related
5site and cleaning up the site, whether these actions are
6performed by public entities or private contractors paid by
7public entities.
8    "Emergency service provider" means a local, State, or
9federal peace officer, firefighter, emergency medical
10technician-ambulance, emergency medical
11technician-intermediate, emergency medical
12technician-paramedic, ambulance driver, or other medical or
13first aid personnel rendering aid, or any agent or designee of
14the foregoing.
15    "Finished methamphetamine" means methamphetamine in a form
16commonly used for personal consumption.
17    "Firearm" has the meaning provided in Section 1.1 of the
18Firearm Owners Identification Card Act.
19    "Manufacture" means to produce, prepare, compound,
20convert, process, synthesize, concentrate, purify, separate,
21extract, or package any methamphetamine, methamphetamine
22precursor, methamphetamine manufacturing catalyst,
23methamphetamine manufacturing reagent, methamphetamine
24manufacturing solvent, or any substance containing any of the
25foregoing.
26    "Methamphetamine" means the chemical methamphetamine (a

 

 

HB3655- 1945 -LRB102 16922 WGH 22334 b

1Schedule II controlled substance under the Illinois Controlled
2Substances Act) or any salt, optical isomer, salt of optical
3isomer, or analog thereof, with the exception of
43,4-Methylenedioxymethamphetamine (MDMA) or any other
5scheduled substance with a separate listing under the Illinois
6Controlled Substances Act.
7    "Methamphetamine manufacturing catalyst" means any
8substance that has been used, is being used, or is intended to
9be used to activate, accelerate, extend, or improve a chemical
10reaction involved in the manufacture of methamphetamine.
11    "Methamphetamine manufacturing environment" means a
12structure or vehicle in which:
13        (1) methamphetamine is being or has been manufactured;
14        (2) chemicals that are being used, have been used, or
15    are intended to be used to manufacture methamphetamine are
16    stored;
17        (3) methamphetamine manufacturing materials that have
18    been used to manufacture methamphetamine are stored; or
19        (4) methamphetamine manufacturing waste is stored.
20    "Methamphetamine manufacturing material" means any
21methamphetamine precursor, substance containing any
22methamphetamine precursor, methamphetamine manufacturing
23catalyst, substance containing any methamphetamine
24manufacturing catalyst, methamphetamine manufacturing
25reagent, substance containing any methamphetamine
26manufacturing reagent, methamphetamine manufacturing solvent,

 

 

HB3655- 1946 -LRB102 16922 WGH 22334 b

1substance containing any methamphetamine manufacturing
2solvent, or any other chemical, substance, ingredient,
3equipment, apparatus, or item that is being used, has been
4used, or is intended to be used in the manufacture of
5methamphetamine.
6    "Methamphetamine manufacturing reagent" means any
7substance other than a methamphetamine manufacturing catalyst
8that has been used, is being used, or is intended to be used to
9react with and chemically alter any methamphetamine precursor.
10    "Methamphetamine manufacturing solvent" means any
11substance that has been used, is being used, or is intended to
12be used as a medium in which any methamphetamine precursor,
13methamphetamine manufacturing catalyst, methamphetamine
14manufacturing reagent, or any substance containing any of the
15foregoing is dissolved, diluted, or washed during any part of
16the methamphetamine manufacturing process.
17    "Methamphetamine manufacturing waste" means any chemical,
18substance, ingredient, equipment, apparatus, or item that is
19left over from, results from, or is produced by the process of
20manufacturing methamphetamine, other than finished
21methamphetamine.
22    "Methamphetamine precursor" means ephedrine,
23pseudoephedrine, benzyl methyl ketone, methyl benzyl ketone,
24phenylacetone, phenyl-2-propanone, P2P, or any salt, optical
25isomer, or salt of an optical isomer of any of these chemicals.
26    "Multi-unit dwelling" means a unified structure used or

 

 

HB3655- 1947 -LRB102 16922 WGH 22334 b

1intended for use as a habitation, home, or residence that
2contains 2 or more condominiums, apartments, hotel rooms,
3motel rooms, or other living units.
4    "Package" means an item marked for retail sale that is not
5designed to be further broken down or subdivided for the
6purpose of retail sale.
7    "Participate" or "participation" in the manufacture of
8methamphetamine means to produce, prepare, compound, convert,
9process, synthesize, concentrate, purify, separate, extract,
10or package any methamphetamine, methamphetamine precursor,
11methamphetamine manufacturing catalyst, methamphetamine
12manufacturing reagent, methamphetamine manufacturing solvent,
13or any substance containing any of the foregoing, or to assist
14in any of these actions, or to attempt to take any of these
15actions, regardless of whether this action or these actions
16result in the production of finished methamphetamine.
17    "Person with a disability" means a person who suffers from
18a permanent physical or mental impairment resulting from
19disease, injury, functional disorder, or congenital condition
20which renders the person incapable of adequately providing for
21his or her own health and personal care.
22    "Procure" means to purchase, steal, gather, or otherwise
23obtain, by legal or illegal means, or to cause another to take
24such action.
25    "Second or subsequent offense" means an offense under this
26Act committed by an offender who previously committed an

 

 

HB3655- 1948 -LRB102 16922 WGH 22334 b

1offense under this Act, the Illinois Controlled Substances
2Act, the Cannabis Control Act, or another Act of this State,
3another state, or the United States relating to
4methamphetamine, cannabis, or any other controlled substance.
5    "Standard dosage form", as used in relation to any
6methamphetamine precursor, means that the methamphetamine
7precursor is contained in a pill, tablet, capsule, caplet, gel
8cap, or liquid cap that has been manufactured by a lawful
9entity and contains a standard quantity of methamphetamine
10precursor.
11    "Unauthorized container", as used in relation to anhydrous
12ammonia, means any container that is not designed for the
13specific and sole purpose of holding, storing, transporting,
14or applying anhydrous ammonia. "Unauthorized container"
15includes, but is not limited to, any propane tank, fire
16extinguisher, oxygen cylinder, gasoline can, food or beverage
17cooler, or compressed gas cylinder used in dispensing fountain
18drinks. "Unauthorized container" does not encompass anhydrous
19ammonia manufacturing plants, refrigeration systems where
20anhydrous ammonia is used solely as a refrigerant, anhydrous
21ammonia transportation pipelines, anhydrous ammonia tankers,
22or anhydrous ammonia barges.
23(Source: P.A. 97-434, eff. 1-1-12.)
 
24    (720 ILCS 646/90)
25    Sec. 90. Methamphetamine restitution.

 

 

HB3655- 1949 -LRB102 16922 WGH 22334 b

1    (a) If a person commits a violation of this Act in a manner
2that requires an emergency response, the person shall be
3required to make restitution to all public entities involved
4in the emergency response, to cover the reasonable cost of
5their participation in the emergency response, including but
6not limited to regular and overtime costs incurred by local
7law enforcement agencies and private contractors paid by the
8public agencies in securing the site. The convicted person
9shall make this restitution in addition to any other fine or
10penalty required by law.
11    (b) Any restitution payments made under this Section shall
12be disbursed equitably by the circuit clerk in the following
13order:
14        (1) first, to the agency responsible for the
15    mitigation of the incident;
16        (2) second, to the local agencies involved in the
17    emergency response;
18        (3) third, to the State agencies involved in the
19    emergency response; and
20        (4) fourth, to the federal agencies involved in the
21    emergency response.
22    (c) In addition to any other penalties and liabilities, a
23person who is convicted of violating any Section of this Act,
24whose violation proximately caused any incident resulting in
25an appropriate emergency response, shall be assessed a fine of
26$2,500, payable to the circuit clerk, who shall distribute the

 

 

HB3655- 1950 -LRB102 16922 WGH 22334 b

1money to the law enforcement agency responsible for the
2mitigation of the incident. If the person has been previously
3convicted of violating any Section of this Act, the fine shall
4be $5,000 and the circuit clerk shall distribute the money to
5the law enforcement agency responsible for the mitigation of
6the incident. In the event that more than one agency is
7responsible for an arrest which does not require mitigation,
8the amount payable to law enforcement agencies shall be shared
9equally. Any moneys received by a law enforcement agency under
10this Section shall be used for law enforcement expenses.
11    Any moneys collected for the Illinois State Police shall
12be remitted to the State Treasurer and deposited into the
13State Police Operations Assistance Fund.
14(Source: P.A. 100-987, eff. 7-1-19.)
 
15    (720 ILCS 646/95)
16    Sec. 95. Youth Drug Abuse Prevention Fund.
17    (a) Twelve and one-half percent of all amounts collected
18as fines pursuant to the provisions of this Article shall be
19paid into the Youth Drug Abuse Prevention Fund created by the
20Controlled Substances Act in the State treasury, to be used by
21the Department for the funding of programs and services for
22drug-abuse treatment, and prevention and education services,
23for juveniles.
24    (b) Eighty-seven and one-half percent of the proceeds of
25all fines received under the provisions of this Act shall be

 

 

HB3655- 1951 -LRB102 16922 WGH 22334 b

1transmitted to and deposited into the State treasury and
2distributed as follows:
3        (1) If such seizure was made by a combination of law
4    enforcement personnel representing differing units of
5    local government, the court levying the fine shall
6    equitably allocate 50% of the fine among these units of
7    local government and shall allocate 37.5% to the county
8    general corporate fund. If the seizure was made by law
9    enforcement personnel representing a unit of local
10    government from a municipality where the number of
11    inhabitants exceeds 2 million in population, the court
12    levying the fine shall allocate 87.5% of the fine to that
13    unit of local government. If the seizure was made by a
14    combination of law enforcement personnel representing
15    differing units of local government and if at least one of
16    those units represents a municipality where the number of
17    inhabitants exceeds 2 million in population, the court
18    shall equitably allocate 87.5% of the proceeds of the
19    fines received among the differing units of local
20    government.
21        (2) If such seizure was made by State law enforcement
22    personnel, then the court shall allocate 37.5% to the
23    State treasury and 50% to the county general corporate
24    fund.
25        (3) If a State law enforcement agency in combination
26    with any law enforcement agency or agencies of a unit or

 

 

HB3655- 1952 -LRB102 16922 WGH 22334 b

1    units of local government conducted the seizure, the court
2    shall equitably allocate 37.5% of the fines to or among
3    the law enforcement agency or agencies of the unit or
4    units of local government that conducted the seizure and
5    shall allocate 50% to the county general corporate fund.
6    (c) The proceeds of all fines allocated to the law
7enforcement agency or agencies of the unit or units of local
8government pursuant to subsection (b) shall be made available
9to that law enforcement agency as expendable receipts for use
10in the enforcement of laws regulating controlled substances
11and cannabis. The proceeds of fines awarded to the State
12treasury shall be deposited in a special fund known as the Drug
13Traffic Prevention Fund, except that amounts distributed to
14the Secretary of State shall be deposited into the Secretary
15of State Evidence Fund to be used as provided in Section 2-115
16of the Illinois Vehicle Code. Moneys from this Fund may be used
17by the Illinois Department of State Police for use in the
18enforcement of laws regulating controlled substances and
19cannabis; to satisfy funding provisions of the
20Intergovernmental Drug Laws Enforcement Act; to defray costs
21and expenses associated with returning violators of the
22Cannabis Control Act and this Act only, as provided in those
23Acts, when punishment of the crime shall be confinement of the
24criminal in the penitentiary; and all other moneys shall be
25paid into the General Revenue Fund in the State treasury.
26(Source: P.A. 94-556, eff. 9-11-05.)
 

 

 

HB3655- 1953 -LRB102 16922 WGH 22334 b

1    Section 1005. The Methamphetamine Precursor Control Act is
2amended by changing Section 10 as follows:
 
3    (720 ILCS 648/10)
4    Sec. 10. Definitions. In this Act:
5    "Administer" or "administration" has the meaning provided
6in Section 102 of the Illinois Controlled Substances Act.
7    "Agent" has the meaning provided in Section 102 of the
8Illinois Controlled Substances Act.
9    "Authorized representative" means an employee or agent of
10a qualified outside entity who has been authorized in writing
11by his or her agency or office to receive confidential
12information from the Central Repository.
13    "Central Repository" means the entity chosen by the
14Illinois State Police to handle electronic transaction records
15as described in this Act.
16    "Convenience package" means any package that contains 360
17milligrams or less of ephedrine or pseudoephedrine, their
18salts or optical isomers, or salts of optical isomers in
19liquid or liquid-filled capsule form.
20    "Covered pharmacy" means any pharmacy that distributes any
21amount of targeted methamphetamine precursor that is
22physically located in Illinois.
23    "Deliver" has the meaning provided in Section 102 of the
24Illinois Controlled Substances Act.

 

 

HB3655- 1954 -LRB102 16922 WGH 22334 b

1    "Dispense" has the meaning provided in Section 102 of the
2Illinois Controlled Substances Act.
3    "Distribute" has the meaning provided in Section 102 of
4the Illinois Controlled Substances Act.
5    "Electronic transaction record" means, with respect to the
6distribution of a targeted methamphetamine precursor by a
7pharmacy to a recipient under Section 25 of this Act, an
8electronic record that includes: the name and address of the
9recipient; date and time of the transaction; brand and product
10name and total quantity distributed of ephedrine or
11pseudoephedrine, their salts, or optical isomers, or salts of
12optical isomers; identification type and identification number
13of the identification presented by the recipient; and the name
14and address of the pharmacy.
15    "Identification information" means identification type and
16identification number.
17    "Identification number" means the number that appears on
18the identification furnished by the recipient of a targeted
19methamphetamine precursor.
20    "Identification type" means the type of identification
21furnished by the recipient of a targeted methamphetamine
22precursor such as, by way of example only, an Illinois
23driver's license or United States passport.
24    "List I chemical" has the meaning provided in 21 U.S.C.
25Section 802.
26    "Methamphetamine precursor" has the meaning provided in

 

 

HB3655- 1955 -LRB102 16922 WGH 22334 b

1Section 10 of the Methamphetamine Control and Community
2Protection Act.
3    "Package" means an item packaged and marked for retail
4sale that is not designed to be further broken down or
5subdivided for the purpose of retail sale.
6    "Pharmacist" has the meaning provided in Section 102 of
7the Illinois Controlled Substances Act.
8    "Pharmacy" has the meaning provided in Section 102 of the
9Illinois Controlled Substances Act.
10    "Practitioner" has the meaning provided in Section 102 of
11the Illinois Controlled Substances Act.
12    "Prescriber" has the meaning provided in Section 102 of
13the Illinois Controlled Substances Act.
14    "Prescription" has the meaning provided in Section 102 of
15the Illinois Controlled Substances Act.
16    "Procure" means to purchase, steal, gather, or otherwise
17obtain, for oneself or another person, by legal or illegal
18means, or to cause another to take that action.
19    "Qualified outside entity" means a law enforcement agency
20or prosecutor's office with authority to identify,
21investigate, or prosecute violations of this Act or any other
22State or federal law or rule involving a methamphetamine
23precursor, methamphetamine, or any other controlled substance.
24    "Readily retrievable" has the meaning provided in 21
25C.F.R. part 1300.
26    "Recipient" means a person purchasing, receiving, or

 

 

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1otherwise acquiring a targeted methamphetamine precursor from
2a pharmacy in Illinois, as described in Section 25 of this Act.
3    "Retail distributor" means a grocery store, general
4merchandise store, drug store, other merchandise store, or
5other entity or person whose activities as a distributor
6relating to drug products containing targeted methamphetamine
7precursor are limited exclusively or almost exclusively to
8sales for personal use by an ultimate user, both in number of
9sales and volume of sales, either directly to walk-in
10customers or in face-to-face transactions by direct sales.
11    "Sales employee" means any employee or agent, other than a
12pharmacist or pharmacy technician who at any time (a) operates
13a cash register at which convenience packages may be sold, (b)
14stocks shelves containing convenience packages, or (c) trains
15or supervises any other employee or agent who engages in any of
16the preceding activities.
17    "Single retail transaction" means a sale by a retail
18distributor to a recipient at a specific time.
19    "Targeted methamphetamine precursor" means any compound,
20mixture, or preparation that contains any detectable quantity
21of ephedrine or pseudoephedrine, their salts or optical
22isomers, or salts of optical isomers.
23    "Targeted package" means a package, including a
24convenience package, containing any amount of targeted
25methamphetamine precursor.
26    "Ultimate user" has the meaning provided in Section 102 of

 

 

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1the Illinois Controlled Substances Act.
2(Source: P.A. 97-670, eff. 1-19-12; 98-371, eff. 8-16-13.)
 
3    Section 1010. The Methamphetamine Precursor Tracking Act
4is amended by changing Sections 10, 15, 20, and 25 as follows:
 
5    (720 ILCS 649/10)
6    Sec. 10. Definitions. In this Act:
7    "Administer" or "administration" has the meaning provided
8in Section 102 of the Illinois Controlled Substances Act.
9    "Agent" has the meaning provided in Section 102 of the
10Illinois Controlled Substances Act.
11    "Authorized representative" means an employee or agent of
12a qualified outside entity who has been authorized in writing
13by his or her agency or office to receive confidential
14information from the central repository.
15    "Central Repository" means the entity chosen by the
16Illinois State Police to handle electronic transaction records
17as described in this Act.
18    "Convenience package" means any package that contains 360
19milligrams or less of ephedrine or pseudoephedrine, their
20salts or optical isomers, or salts of optical isomers in
21liquid or liquid filled capsule form.
22    "Covered pharmacy" means any pharmacy that distributes any
23amount of targeted methamphetamine precursor that is
24physically located in Illinois.

 

 

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1    "Deliver" has the meaning provided in Section 102 of the
2Illinois Controlled Substances Act.
3    "Dispense" has the meaning provided in Section 102 of the
4Illinois Controlled Substances Act.
5    "Distribute" has the meaning provided in Section 102 of
6the Illinois Controlled Substances Act.
7    "Electronic transaction record" means, with respect to the
8distribution of a targeted methamphetamine precursor by a
9pharmacy to a recipient under Section 25 of the
10Methamphetamine Precursor Control Act, an electronic record
11that includes: the name and address of the recipient; date and
12time of the transaction; brand and product name and total
13quantity distributed of ephedrine or pseudoephedrine, their
14salts, or optical isomers, or salts of optical isomers;
15identification type and identification number of the
16identification presented by the recipient; and the name and
17address of the pharmacy.
18    "Identification information" means identification type and
19identification number.
20    "Identification number" means the number that appears on
21the identification furnished by the recipient of a targeted
22methamphetamine precursor.
23    "Identification type" means the type of identification
24furnished by the recipient of a targeted methamphetamine
25precursor such as, by way of example only, an Illinois
26driver's license or United States passport.

 

 

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1    "List I chemical" has the meaning provided in 21 U.S.C.
2802.
3    "Methamphetamine precursor" has the meaning provided in
4Section 10 of the Methamphetamine Control and Community
5Protection Act.
6    "Package" means an item packaged and marked for retail
7sale that is not designed to be further broken down or
8subdivided for the purpose of retail sale.
9    "Pharmacist" has the meaning provided in Section 102 of
10the Illinois Controlled Substances Act.
11    "Pharmacy" has the meaning provided in Section 102 of the
12Illinois Controlled Substances Act.
13    "Practitioner" has the meaning provided in Section 102 of
14the Illinois Controlled Substances Act.
15    "Prescriber" has the meaning provided in Section 102 of
16the Illinois Controlled Substances Act.
17    "Prescription" has the meaning provided in Section 102 of
18the Illinois Controlled Substances Act.
19    "Qualified outside entity" means:
20        (1) a law enforcement agency or prosecutor's office
21    with authority to identify, investigate, or prosecute
22    violations of this Act or any other State or federal law or
23    rule involving a methamphetamine precursor,
24    methamphetamine, or any other controlled substance;
25        (2) any probation and court services department
26    authorized by the Probation and Probation Officers Act;

 

 

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1        (3) the Department of Corrections;
2        (4) the Department of Juvenile Justice;
3        (5) the U.S. Probation and Pretrial Services System;
4    or
5        (6) the U.S. Parole Commission.
6    "Readily retrievable" has the meaning provided in 21
7C.F.R. part 1300.
8    "Recipient" means a person purchasing, receiving, or
9otherwise acquiring a targeted methamphetamine precursor from
10a pharmacy in Illinois, as described in Section 25 of the
11Methamphetamine Precursor Control Act.
12    "Retail distributor" means a grocery store, general
13merchandise store, drug store, other merchandise store, or
14other entity or person whose activities as a distributor
15relating to drug products containing targeted methamphetamine
16precursor are limited exclusively or almost exclusively to
17sales for personal use by an ultimate user, both in number of
18sales and volume of sales, either directly to walk-in
19customers or in face-to-face transactions by direct sales.
20    "Sales employee" means any employee or agent, other than a
21pharmacist or pharmacy technician who at any time (1) operates
22a cash register at which convenience packages may be sold, (2)
23stocks shelves containing convenience packages, or (3) trains
24or supervises any other employee or agent who engages in any of
25the preceding activities.
26    "Single retail transaction" means a sale by a retail

 

 

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1distributor to a recipient at a specific time.
2    "Targeted methamphetamine precursor" means any compound,
3mixture, or preparation that contains any detectable quantity
4of ephedrine or pseudoephedrine, their salts or optical
5isomers, or salts of optical isomers.
6    "Targeted package" means a package, including a
7convenience package, containing any amount of targeted
8methamphetamine precursor.
9    "Ultimate user" has the meaning provided in Section 102 of
10the Illinois Controlled Substances Act.
11(Source: P.A. 97-670, eff. 1-19-12; 98-208, eff. 8-9-13.)
 
12    (720 ILCS 649/15)
13    Sec. 15. General provisions.
14    (a) Structure. There is established a statewide precursor
15tracking program coordinated and administered by the Illinois
16State Police to track purchases of targeted methamphetamine
17precursors across multiple locations for the purposes stated
18in Section 5 of this Act. Every covered pharmacy must comply
19with this Act. The tracking program created by this Act shall
20be the sole methamphetamine precursor tracking program in
21Illinois.
22    (b) Transmission of electronic transaction records. Unless
23otherwise provided in this Act, each time a covered pharmacy
24distributes a targeted methamphetamine precursor to a
25recipient, the pharmacy shall transmit an electronic

 

 

HB3655- 1962 -LRB102 16922 WGH 22334 b

1transaction record to the Central Repository.
2    (c) Notification. The Illinois Department of Financial and
3Professional Regulation shall notify pharmacies seeking
4licensure in Illinois of their obligation to comply with the
5requirements of this Act.
6    (d) Electronic transmission. Starting on the effective
7date of this Act and continuing thereafter, covered pharmacies
8shall transmit all electronic transaction records as required
9by this Act.
10    (e) Funding. Funding for the tracking program shall be
11provided by the Illinois State Police drawing upon federal and
12State grant money and other available sources.
13(Source: P.A. 97-670, eff. 1-19-12.)
 
14    (720 ILCS 649/20)
15    Sec. 20. Secure website.
16    (a) The Illinois State Police, in consultation with the
17Department of Innovation and Technology, shall establish a
18secure website for the transmission of electronic transaction
19records and make it available free of charge to covered
20pharmacies.
21    (b) The secure website shall enable covered pharmacies to
22transmit to the Central Repository an electronic transaction
23record each time the pharmacy distributes a targeted
24methamphetamine precursor to a recipient.
25    (c) If the secure website becomes unavailable to a covered

 

 

HB3655- 1963 -LRB102 16922 WGH 22334 b

1pharmacy, the covered pharmacy may, during the period in which
2the secure website is not available, continue to distribute
3targeted methamphetamine precursor without using the secure
4website if, during this period, the covered pharmacy maintains
5and transmits handwritten logs as described in Sections 20 and
625 of the Methamphetamine Precursor Control Act.
7(Source: P.A. 100-611, eff. 7-20-18.)
 
8    (720 ILCS 649/25)
9    Sec. 25. Confidentiality of records.
10    (a) The Central Repository may delete each electronic
11transaction record and handwritten log entry 48 months after
12the date of the transaction it describes.
13    (b) The Illinois State Police and Central Repository shall
14carry out a program to protect the confidentiality of
15electronic transaction records created pursuant to this Act
16and shall ensure that this information remains completely
17confidential except as specifically provided in subsections
18(c) through (f) of this Section.
19    (c) Any employee or agent of the Central Repository may
20have access to electronic transaction records and handwritten
21log entries solely for the purpose of receiving, processing,
22storing or analyzing this information.
23    (d) The Illinois State Police may grant qualified outside
24agencies access to electronic transaction records or
25handwritten log entries for the purpose of identifying,

 

 

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1investigating, or prosecuting violations of this Act or any
2other State or federal law or rule involving a methamphetamine
3precursor, methamphetamine, or any other controlled substance.
4    (e) The Illinois State Police may release electronic
5transaction records or handwritten log entries to the
6authorized representative of a qualified outside entity only
7if the Illinois State Police verifies that the entity
8receiving electronic transaction records or handwritten log
9entries is a qualified outside entity as defined in this Act
10and that outside entity agrees or has previously agreed in
11writing that it will use electronic transaction records and
12handwritten log entries solely for the purpose of identifying,
13investigating, or prosecuting violations of this Act or any
14other State or federal law or rule involving a methamphetamine
15precursor, methamphetamine, or any other controlled substance.
16    (f) The Illinois State Police may release to the recipient
17any electronic transaction records clearly relating to that
18recipient, upon sufficient proof of identity.
19(Source: P.A. 97-670, eff. 1-19-12.)
 
20    Section 1015. The Prevention of Tobacco Use by Minors and
21Sale and Distribution of Tobacco Products Act is amended by
22changing Section 1 as follows:
 
23    (720 ILCS 675/1)  (from Ch. 23, par. 2357)
24    Sec. 1. Prohibition on sale of tobacco products,

 

 

HB3655- 1965 -LRB102 16922 WGH 22334 b

1electronic cigarettes, and alternative nicotine products to
2persons under 21 years of age; prohibition on the distribution
3of tobacco product samples, electronic cigarette samples, and
4alternative nicotine product samples to any person; use of
5identification cards; vending machines; lunch wagons;
6out-of-package sales.
7    (a) No person under 21 years of age shall buy any tobacco
8product, electronic cigarette, or alternative nicotine
9product. No person shall sell, buy for, distribute samples of
10or furnish any tobacco product, electronic cigarette, or any
11alternative nicotine product to any person under 21 years of
12age.
13    (a-5) No person under 16 years of age may sell any tobacco
14product, electronic cigarette, or alternative nicotine product
15at a retail establishment selling tobacco products, electronic
16cigarettes, or alternative nicotine products. This subsection
17does not apply to a sales clerk in a family-owned business
18which can prove that the sales clerk is in fact a son or
19daughter of the owner.
20    (a-5.1) Before selling, offering for sale, giving, or
21furnishing a tobacco product, electronic cigarette, or
22alternative nicotine product to another person, the person
23selling, offering for sale, giving, or furnishing the tobacco
24product, electronic cigarette, or alternative nicotine product
25shall verify that the person is at least 21 years of age by:
26        (1) examining from any person that appears to be under

 

 

HB3655- 1966 -LRB102 16922 WGH 22334 b

1    30 years of age a government-issued photographic
2    identification that establishes the person to be 21 years
3    of age or older; or
4        (2) for sales of tobacco products, electronic
5    cigarettes, or alternative nicotine products made through
6    the Internet or other remote sales methods, performing an
7    age verification through an independent, third party age
8    verification service that compares information available
9    from public records to the personal information entered by
10    the person during the ordering process that establishes
11    the person is 21 years of age or older.
12    (a-6) No person under 21 years of age in the furtherance or
13facilitation of obtaining any tobacco product, electronic
14cigarette, or alternative nicotine product shall display or
15use a false or forged identification card or transfer, alter,
16or deface an identification card.
17    (a-7) (Blank).
18    (a-8) A person shall not distribute without charge samples
19of any tobacco product to any other person, regardless of age,
20except for smokeless tobacco in an adult-only facility.
21    This subsection (a-8) does not apply to the distribution
22of a tobacco product, electronic cigarette, or alternative
23nicotine product sample in any adult-only facility.
24    (a-9) For the purpose of this Section:
25        "Adult-only facility" means a facility or restricted
26    area (whether open-air or enclosed) where the operator

 

 

HB3655- 1967 -LRB102 16922 WGH 22334 b

1    ensures or has a reasonable basis to believe (such as by
2    checking identification as required under State law, or by
3    checking the identification of any person appearing to be
4    under the age of 30) that no person under legal age is
5    present. A facility or restricted area need not be
6    permanently restricted to persons under 21 years of age to
7    constitute an adult-only facility, provided that the
8    operator ensures or has a reasonable basis to believe that
9    no person under 21 years of age is present during the event
10    or time period in question.
11        "Alternative nicotine product" means a product or
12    device not consisting of or containing tobacco that
13    provides for the ingestion into the body of nicotine,
14    whether by chewing, smoking, absorbing, dissolving,
15    inhaling, snorting, sniffing, or by any other means.
16    "Alternative nicotine product" does not include:
17    cigarettes as defined in Section 1 of the Cigarette Tax
18    Act and tobacco products as defined in Section 10-5 of the
19    Tobacco Products Tax Act of 1995; tobacco product and
20    electronic cigarette as defined in this Section; or any
21    product approved by the United States Food and Drug
22    Administration for sale as a tobacco cessation product, as
23    a tobacco dependence product, or for other medical
24    purposes, and is being marketed and sold solely for that
25    approved purpose.
26        "Electronic cigarette" means:

 

 

HB3655- 1968 -LRB102 16922 WGH 22334 b

1            (1) any device that employs a battery or other
2        mechanism to heat a solution or substance to produce a
3        vapor or aerosol intended for inhalation;
4            (2) any cartridge or container of a solution or
5        substance intended to be used with or in the device or
6        to refill the device; or
7            (3) any solution or substance, whether or not it
8        contains nicotine intended for use in the device.
9        "Electronic cigarette" includes, but is not limited
10    to, any electronic nicotine delivery system, electronic
11    cigar, electronic cigarillo, electronic pipe, electronic
12    hookah, vape pen, or similar product or device, and any
13    components or parts that can be used to build the product
14    or device. "Electronic cigarette" does not include:
15    cigarettes as defined in Section 1 of the Cigarette Tax
16    Act and tobacco products as defined in Section 10-5 of the
17    Tobacco Products Tax Act of 1995; tobacco product and
18    alternative nicotine product as defined in this Section;
19    any product approved by the United States Food and Drug
20    Administration for sale as a tobacco cessation product, as
21    a tobacco dependence product, or for other medical
22    purposes, and is being marketed and sold solely for that
23    approved purpose; any asthma inhaler prescribed by a
24    physician for that condition and is being marketed and
25    sold solely for that approved purpose; or any therapeutic
26    product approved for use under the Compassionate Use of

 

 

HB3655- 1969 -LRB102 16922 WGH 22334 b

1    Medical Cannabis Pilot Program Act.
2        "Lunch wagon" means a mobile vehicle designed and
3    constructed to transport food and from which food is sold
4    to the general public.
5        "Nicotine" means any form of the chemical nicotine,
6    including any salt or complex, regardless of whether the
7    chemical is naturally or synthetically derived.
8        "Tobacco product" means any product containing or made
9    from tobacco that is intended for human consumption,
10    whether smoked, heated, chewed, absorbed, dissolved,
11    inhaled, snorted, sniffed, or ingested by any other means,
12    including, but not limited to, cigarettes, cigars, little
13    cigars, chewing tobacco, pipe tobacco, snuff, snus, and
14    any other smokeless tobacco product which contains tobacco
15    that is finely cut, ground, powdered, or leaf and intended
16    to be placed in the oral cavity. "Tobacco product"
17    includes any component, part, or accessory of a tobacco
18    product, whether or not sold separately. "Tobacco product"
19    does not include: an electronic cigarette and alternative
20    nicotine product as defined in this Section; or any
21    product that has been approved by the United States Food
22    and Drug Administration for sale as a tobacco cessation
23    product, as a tobacco dependence product, or for other
24    medical purposes, and is being marketed and sold solely
25    for that approved purpose.
26    (b) Tobacco products, electronic cigarettes, and

 

 

HB3655- 1970 -LRB102 16922 WGH 22334 b

1alternative nicotine products may be sold through a vending
2machine only if such tobacco products, electronic cigarettes,
3and alternative nicotine products are not placed together with
4any non-tobacco product, other than matches, in the vending
5machine and the vending machine is in any of the following
6locations:
7        (1) (Blank).
8        (2) Places to which persons under 21 years of age are
9    not permitted access at any time.
10        (3) Places where alcoholic beverages are sold and
11    consumed on the premises and vending machine operation is
12    under the direct supervision of the owner or manager.
13        (4) (Blank).
14        (5) (Blank).
15    (c) (Blank).
16    (d) The sale or distribution by any person of a tobacco
17product as defined in this Section, including but not limited
18to a single or loose cigarette, that is not contained within a
19sealed container, pack, or package as provided by the
20manufacturer, which container, pack, or package bears the
21health warning required by federal law, is prohibited.
22    (e) It is not a violation of this Act for a person under 21
23years of age to purchase a tobacco product, electronic
24cigarette, or alternative nicotine product if the person under
25the age of 21 purchases or is given the tobacco product,
26electronic cigarette, or alternative nicotine product in any

 

 

HB3655- 1971 -LRB102 16922 WGH 22334 b

1of its forms from a retail seller of tobacco products,
2electronic cigarettes, or alternative nicotine products or an
3employee of the retail seller pursuant to a plan or action to
4investigate, patrol, or otherwise conduct a "sting operation"
5or enforcement action against a retail seller of tobacco
6products, electronic cigarettes, or alternative nicotine
7products or a person employed by the retail seller of tobacco
8products, electronic cigarettes, or alternative nicotine
9products or on any premises authorized to sell tobacco
10products, electronic cigarettes, or alternative nicotine
11products to determine if tobacco products, electronic
12cigarettes, or alternative nicotine products are being sold or
13given to persons under 21 years of age if the "sting operation"
14or enforcement action is approved by, conducted by, or
15conducted on behalf of the Illinois Department of State
16Police, the county sheriff, a municipal police department, the
17Department of Revenue, the Department of Public Health, or a
18local health department. The results of any sting operation or
19enforcement action, including the name of the clerk, shall be
20provided to the retail seller within 7 business days.
21(Source: P.A. 101-2, eff. 7-1-19.)
 
22    Section 1020. The Code of Criminal Procedure of 1963 is
23amended by changing Sections 104-26, 107-4, 108A-11, 108B-1,
24108B-2, 108B-5, 108B-13, 108B-14, 110-7, 112A-11.1, 112A-11.2,
25112A-14, 112A-14.7, 112A-17.5, 112A-20, 112A-22, 112A-28,

 

 

HB3655- 1972 -LRB102 16922 WGH 22334 b

1115-15, 116-3, 116-4, 116-5, 124B-605, 124B-705, 124B-710,
2124B-930, and 124B-935 as follows:
 
3    (725 ILCS 5/104-26)  (from Ch. 38, par. 104-26)
4    Sec. 104-26. Disposition of Defendants suffering
5disabilities.
6    (a) A defendant convicted following a trial conducted
7under the provisions of Section 104-22 shall not be sentenced
8before a written presentence report of investigation is
9presented to and considered by the court. The presentence
10report shall be prepared pursuant to Sections 5-3-2, 5-3-3 and
115-3-4 of the Unified Code of Corrections, as now or hereafter
12amended, and shall include a physical and mental examination
13unless the court finds that the reports of prior physical and
14mental examinations conducted pursuant to this Article are
15adequate and recent enough so that additional examinations
16would be unnecessary.
17    (b) A defendant convicted following a trial under Section
18104-22 shall not be subject to the death penalty.
19    (c) A defendant convicted following a trial under Section
20104-22 shall be sentenced according to the procedures and
21dispositions authorized under the Unified Code of Corrections,
22as now or hereafter amended, subject to the following
23provisions:
24        (1) The court shall not impose a sentence of
25    imprisonment upon the offender if the court believes that

 

 

HB3655- 1973 -LRB102 16922 WGH 22334 b

1    because of his disability a sentence of imprisonment would
2    not serve the ends of justice and the interests of society
3    and the offender or that because of his disability a
4    sentence of imprisonment would subject the offender to
5    excessive hardship. In addition to any other conditions of
6    a sentence of conditional discharge or probation the court
7    may require that the offender undergo treatment
8    appropriate to his mental or physical condition.
9        (2) After imposing a sentence of imprisonment upon an
10    offender who has a mental disability, the court may remand
11    him to the custody of the Department of Human Services and
12    order a hearing to be conducted pursuant to the provisions
13    of the Mental Health and Developmental Disabilities Code,
14    as now or hereafter amended. If the offender is committed
15    following such hearing, he shall be treated in the same
16    manner as any other civilly committed patient for all
17    purposes except as provided in this Section. If the
18    defendant is not committed pursuant to such hearing, he
19    shall be remanded to the sentencing court for disposition
20    according to the sentence imposed.
21        (3) If the court imposes a sentence of imprisonment
22    upon an offender who has a mental disability but does not
23    proceed under subparagraph (2) of paragraph (c) of this
24    Section, it shall order the Department of Corrections to
25    proceed pursuant to Section 3-8-5 of the Unified Code of
26    Corrections, as now or hereafter amended.

 

 

HB3655- 1974 -LRB102 16922 WGH 22334 b

1        (3.5) If the court imposes a sentence of imprisonment
2    upon an offender who has a mental disability, the court
3    shall direct the circuit court clerk to immediately notify
4    the Illinois Department of State Police, Firearm Owner's
5    Identification (FOID) Office, in a form and manner
6    prescribed by the Illinois Department of State Police and
7    shall forward a copy of the court order to the Department.
8        (4) If the court imposes a sentence of imprisonment
9    upon an offender who has a physical disability, it may
10    authorize the Department of Corrections to place the
11    offender in a public or private facility which is able to
12    provide care or treatment for the offender's disability
13    and which agrees to do so.
14        (5) When an offender is placed with the Department of
15    Human Services or another facility pursuant to
16    subparagraph (2) or (4) of this paragraph (c), the
17    Department or private facility shall not discharge or
18    allow the offender to be at large in the community without
19    prior approval of the court. If the defendant is placed in
20    the custody of the Department of Human Services, the
21    defendant shall be placed in a secure setting unless the
22    court determines that there are compelling reasons why
23    such placement is not necessary. The offender shall accrue
24    good time and shall be eligible for parole in the same
25    manner as if he were serving his sentence within the
26    Department of Corrections. When the offender no longer

 

 

HB3655- 1975 -LRB102 16922 WGH 22334 b

1    requires hospitalization, care, or treatment, the
2    Department of Human Services or the facility shall
3    transfer him, if his sentence has not expired, to the
4    Department of Corrections. If an offender is transferred
5    to the Department of Corrections, the Department of Human
6    Services shall transfer to the Department of Corrections
7    all related records pertaining to length of custody and
8    treatment services provided during the time the offender
9    was held.
10        (6) The Department of Corrections shall notify the
11    Department of Human Services or a facility in which an
12    offender has been placed pursuant to subparagraph (2) or
13    (4) of paragraph (c) of this Section of the expiration of
14    his sentence. Thereafter, an offender in the Department of
15    Human Services shall continue to be treated pursuant to
16    his commitment order and shall be considered a civilly
17    committed patient for all purposes including discharge. An
18    offender who is in a facility pursuant to subparagraph (4)
19    of paragraph (c) of this Section shall be informed by the
20    facility of the expiration of his sentence, and shall
21    either consent to the continuation of his care or
22    treatment by the facility or shall be discharged.
23(Source: P.A. 97-1131, eff. 1-1-13.)
 
24    (725 ILCS 5/107-4)  (from Ch. 38, par. 107-4)
25    Sec. 107-4. Arrest by peace officer from other

 

 

HB3655- 1976 -LRB102 16922 WGH 22334 b

1jurisdiction.
2    (a) As used in this Section:
3        (1) "State" means any State of the United States and
4    the District of Columbia.
5        (2) "Peace Officer" means any peace officer or member
6    of any duly organized State, County, or Municipal peace
7    unit, any police force of another State, the United States
8    Department of Defense, or any police force whose members,
9    by statute, are granted and authorized to exercise powers
10    similar to those conferred upon any peace officer employed
11    by a law enforcement agency of this State.
12        (3) "Fresh pursuit" means the immediate pursuit of a
13    person who is endeavoring to avoid arrest.
14        (4) "Law enforcement agency" means a municipal police
15    department or county sheriff's office of this State.
16    (a-3) Any peace officer employed by a law enforcement
17agency of this State may conduct temporary questioning
18pursuant to Section 107-14 of this Code and may make arrests in
19any jurisdiction within this State: (1) if the officer is
20engaged in the investigation of criminal activity that
21occurred in the officer's primary jurisdiction and the
22temporary questioning or arrest relates to, arises from, or is
23conducted pursuant to that investigation; or (2) if the
24officer, while on duty as a peace officer, becomes personally
25aware of the immediate commission of a felony or misdemeanor
26violation of the laws of this State; or (3) if the officer,

 

 

HB3655- 1977 -LRB102 16922 WGH 22334 b

1while on duty as a peace officer, is requested by an
2appropriate State or local law enforcement official to render
3aid or assistance to the requesting law enforcement agency
4that is outside the officer's primary jurisdiction; or (4) in
5accordance with Section 2605-580 of the Illinois Department of
6State Police Law of the Civil Administrative Code of Illinois.
7While acting pursuant to this subsection, an officer has the
8same authority as within his or her own jurisdiction.
9    (a-7) The law enforcement agency of the county or
10municipality in which any arrest is made under this Section
11shall be immediately notified of the arrest.
12    (b) Any peace officer of another State who enters this
13State in fresh pursuit and continues within this State in
14fresh pursuit of a person in order to arrest him on the ground
15that he has committed an offense in the other State has the
16same authority to arrest and hold the person in custody as
17peace officers of this State have to arrest and hold a person
18in custody on the ground that he has committed an offense in
19this State.
20    (c) If an arrest is made in this State by a peace officer
21of another State in accordance with the provisions of this
22Section he shall without unnecessary delay take the person
23arrested before the circuit court of the county in which the
24arrest was made. Such court shall conduct a hearing for the
25purpose of determining the lawfulness of the arrest. If the
26court determines that the arrest was lawful it shall commit

 

 

HB3655- 1978 -LRB102 16922 WGH 22334 b

1the person arrested, to await for a reasonable time the
2issuance of an extradition warrant by the Governor of this
3State, or admit him to bail for such purpose. If the court
4determines that the arrest was unlawful it shall discharge the
5person arrested.
6(Source: P.A. 98-576, eff. 1-1-14.)
 
7    (725 ILCS 5/108A-11)  (from Ch. 38, par. 108A-11)
8    Sec. 108A-11. Reports concerning use of eavesdropping
9devices.
10    (a) In January of each year the State's Attorney of each
11county in which eavesdropping devices were used pursuant to
12the provisions of this Article shall report to the Illinois
13Department of State Police the following with respect to each
14application for an order authorizing the use of an
15eavesdropping device, or an extension thereof, made during the
16preceding calendar year:
17        (1) the fact that such an order, extension, or
18    subsequent approval of an emergency was applied for;
19        (2) the kind of order or extension applied for;
20        (3) a statement as to whether the order or extension
21    was granted as applied for was modified, or was denied;
22        (4) the period authorized by the order or extensions
23    in which an eavesdropping device could be used;
24        (5) the felony specified in the order extension or
25    denied application;

 

 

HB3655- 1979 -LRB102 16922 WGH 22334 b

1        (6) the identity of the applying investigative or law
2    enforcement officer and agency making the application and
3    the State's Attorney authorizing the application; and
4        (7) the nature of the facilities from which or the
5    place where the eavesdropping device was to be used.
6    (b) Such report shall also include the following:
7        (1) a general description of the uses of eavesdropping
8    devices actually made under such order to overheard or
9    record conversations, including: (a) the approximate
10    nature and frequency of incriminating conversations
11    overheard, (b) the approximate nature and frequency of
12    other conversations overheard, (c) the approximate number
13    of persons whose conversations were overheard, and (d) the
14    approximate nature, amount, and cost of the manpower and
15    other resources used pursuant to the authorization to use
16    an eavesdropping device;
17        (2) the number of arrests resulting from authorized
18    uses of eavesdropping devices and the offenses for which
19    arrests were made;
20        (3) the number of trials resulting from such uses of
21    eavesdropping devices;
22        (4) the number of motions to suppress made with
23    respect to such uses, and the number granted or denied;
24    and
25        (5) the number of convictions resulting from such uses
26    and the offenses for which the convictions were obtained

 

 

HB3655- 1980 -LRB102 16922 WGH 22334 b

1    and a general assessment of the importance of the
2    convictions.
3    (c) In April of each year, the Illinois Department of
4State Police shall transmit to the General Assembly a report
5including information on the number of applications for orders
6authorizing the use of eavesdropping devices, the number of
7orders and extensions granted or denied during the preceding
8calendar year, and the convictions arising out of such uses.
9    The requirement for reporting to the General Assembly
10shall be satisfied by filing copies of the report as required
11by Section 3.1 of the General Assembly Organization Act, and
12filing such additional copies with the State Government Report
13Distribution Center for the General Assembly as is required
14under paragraph (t) of Section 7 of the State Library Act.
15(Source: P.A. 100-1148, eff. 12-10-18.)
 
16    (725 ILCS 5/108B-1)  (from Ch. 38, par. 108B-1)
17    Sec. 108B-1. Definitions. For the purpose of this Article:
18    (a) "Aggrieved person" means a person who was a party to
19any intercepted private communication or any person against
20whom the intercept was directed.
21    (b) "Chief Judge" means, when referring to a judge
22authorized to receive application for, and to enter orders
23authorizing, interceptions of private communications, the
24Chief Judge of the Circuit Court wherein the application for
25order of interception is filed, or a Circuit Judge designated

 

 

HB3655- 1981 -LRB102 16922 WGH 22334 b

1by the Chief Judge to enter these orders. In circuits other
2than the Cook County Circuit, "Chief Judge" also means, when
3referring to a judge authorized to receive application for,
4and to enter orders authorizing, interceptions of private
5communications, an Associate Judge authorized by Supreme Court
6Rule to try felony cases who is assigned by the Chief Judge to
7enter these orders. After assignment by the Chief Judge, an
8Associate Judge shall have plenary authority to issue orders
9without additional authorization for each specific application
10made to him by the State's Attorney until the time the
11Associate Judge's power is rescinded by the Chief Judge.
12    (c) "Communications common carrier" means any person
13engaged as a common carrier in the transmission of
14communications by wire or radio, not including radio
15broadcasting.
16    (d) "Contents" includes information obtained from a
17private communication concerning the existence, substance,
18purport or meaning of the communication, or the identity of a
19party of the communication.
20    (e) "Court of competent jurisdiction" means any circuit
21court.
22    (f) (Blank). "Department" means Illinois Department of
23State Police.
24    (g) "Director" means Director of the Illinois Department
25of State Police.
26    (g-1) "Electronic communication" means any transfer of

 

 

HB3655- 1982 -LRB102 16922 WGH 22334 b

1signs, signals, writing, images, sounds, data, or intelligence
2of any nature transmitted in whole or part by a wire, radio,
3pager, computer, or electromagnetic, photo electronic, or
4photo optical system where the sending and receiving parties
5intend the electronic communication to be private and the
6interception, recording, or transcription of the electronic
7communication is accomplished by a device in a surreptitious
8manner contrary to the provisions of this Article. "Electronic
9communication" does not include:
10        (1) any wire or oral communication; or
11        (2) any communication from a tracking device.
12    (h) "Electronic criminal surveillance device" or
13"eavesdropping device" means any device or apparatus, or
14computer program including an induction coil, that can be used
15to intercept private communication other than:
16        (1) Any telephone, telegraph or telecommunication
17    instrument, equipment or facility, or any component of it,
18    furnished to the subscriber or user by a communication
19    common carrier in the ordinary course of its business, or
20    purchased by any person and being used by the subscriber,
21    user or person in the ordinary course of his business, or
22    being used by a communications common carrier in the
23    ordinary course of its business, or by an investigative or
24    law enforcement officer in the ordinary course of his
25    duties; or
26        (2) A hearing aid or similar device being used to

 

 

HB3655- 1983 -LRB102 16922 WGH 22334 b

1    correct subnormal hearing to not better than normal.
2    (i) "Electronic criminal surveillance officer" means any
3law enforcement officer or retired law enforcement officer of
4the United States or of the State or political subdivision of
5it, or of another State, or of a political subdivision of it,
6who is certified by the Illinois Department of State Police to
7intercept private communications. A retired law enforcement
8officer may be certified by the Illinois State Police only to
9(i) prepare petitions for the authority to intercept private
10communications in accordance with the provisions of this Act;
11(ii) intercept and supervise the interception of private
12communications; (iii) handle, safeguard, and use evidence
13derived from such private communications; and (iv) operate and
14maintain equipment used to intercept private communications.
15    (j) "In-progress trace" means to determine the origin of a
16wire communication to a telephone or telegraph instrument,
17equipment or facility during the course of the communication.
18    (k) "Intercept" means the aural or other acquisition of
19the contents of any private communication through the use of
20any electronic criminal surveillance device.
21    (l) "Journalist" means a person engaged in, connected
22with, or employed by news media, including newspapers,
23magazines, press associations, news agencies, wire services,
24radio, television or other similar media, for the purpose of
25gathering, processing, transmitting, compiling, editing or
26disseminating news for the general public.

 

 

HB3655- 1984 -LRB102 16922 WGH 22334 b

1    (m) "Law enforcement agency" means any law enforcement
2agency of the United States, or the State or a political
3subdivision of it.
4    (n) "Oral communication" means human speech used to
5communicate by one party to another, in person, by wire
6communication or by any other means.
7    (o) "Private communication" means a wire, oral, or
8electronic communication uttered or transmitted by a person
9exhibiting an expectation that the communication is not
10subject to interception, under circumstances reasonably
11justifying the expectation. Circumstances that reasonably
12justify the expectation that a communication is not subject to
13interception include the use of a cordless telephone or
14cellular communication device.
15    (p) "Wire communication" means any human speech used to
16communicate by one party to another in whole or in part through
17the use of facilities for the transmission of communications
18by wire, cable or other like connection between the point of
19origin and the point of reception furnished or operated by a
20communications common carrier.
21    (q) "Privileged communications" means a private
22communication between:
23        (1) a licensed and practicing physician and a patient
24    within the scope of the profession of the physician;
25        (2) a licensed and practicing psychologist to a
26    patient within the scope of the profession of the

 

 

HB3655- 1985 -LRB102 16922 WGH 22334 b

1    psychologist;
2        (3) a licensed and practicing attorney-at-law and a
3    client within the scope of the profession of the lawyer;
4        (4) a practicing clergyman and a confidant within the
5    scope of the profession of the clergyman;
6        (5) a practicing journalist within the scope of his
7    profession;
8        (6) spouses within the scope of their marital
9    relationship; or
10        (7) a licensed and practicing social worker to a
11    client within the scope of the profession of the social
12    worker.
13    (r) "Retired law enforcement officer" means a person: (1)
14who is a graduate of a police training institute or academy,
15who after graduating served for at least 15 consecutive years
16as a sworn, full-time peace officer qualified to carry
17firearms for any federal or State department or agency or for
18any unit of local government of Illinois; (2) who has retired
19as a local, State, or federal peace officer in a publicly
20created peace officer retirement system; and (3) whose service
21in law enforcement was honorably terminated through retirement
22or disability and not as a result of discipline, suspension,
23or discharge.
24(Source: P.A. 95-331, eff. 8-21-07.)
 
25    (725 ILCS 5/108B-2)  (from Ch. 38, par. 108B-2)

 

 

HB3655- 1986 -LRB102 16922 WGH 22334 b

1    Sec. 108B-2. Request for application for interception.
2    (a) A State's Attorney may apply for an order authorizing
3interception of private communications in accordance with the
4provisions of this Article.
5    (b) The head of a law enforcement agency, including, for
6purposes of this subsection, the acting head of such law
7enforcement agency if the head of such agency is absent or
8unable to serve, may request that a State's Attorney apply for
9an order authorizing interception of private communications in
10accordance with the provisions of this Article.
11    Upon request of a law enforcement agency, the Illinois
12State Police Department may provide technical assistance to
13such an agency which is authorized to conduct an interception.
14(Source: P.A. 92-854, eff. 12-5-02.)
 
15    (725 ILCS 5/108B-5)  (from Ch. 38, par. 108B-5)
16    Sec. 108B-5. Requirements for order of interception.
17    (a) Upon consideration of an application, the chief judge
18may enter an ex parte order, as requested or as modified,
19authorizing the interception of a private communication, if
20the chief judge determines on the basis of the application
21submitted by the applicant, that:
22        (1) There is probable cause for belief that (A) the
23    person whose private communication is to be intercepted is
24    committing, has committed, or is about to commit an
25    offense enumerated in Section 108B-3, or (B) the

 

 

HB3655- 1987 -LRB102 16922 WGH 22334 b

1    facilities from which, or the place where, the private
2    communication is to be intercepted, is, has been, or is
3    about to be used in connection with the commission of the
4    offense, or is leased to, listed in the name of, or
5    commonly used by, the person; and
6        (2) There is probable cause for belief that a
7    particular private communication concerning such offense
8    may be obtained through the interception; and
9        (3) Normal investigative procedures with respect to
10    the offense have been tried and have failed or reasonably
11    appear to be unlikely to succeed if tried or too dangerous
12    to employ; and
13        (4) The electronic criminal surveillance officers to
14    be authorized to supervise the interception of the private
15    communication have been certified by the Illinois State
16    Police Department.
17    (b) In the case of an application, other than for an
18extension, for an order to intercept a communication of a
19person or on a wire communication facility that was the
20subject of a previous order authorizing interception, the
21application shall be based upon new evidence or information
22different from and in addition to the evidence or information
23offered to support the prior order, regardless of whether the
24evidence was derived from prior interceptions or from other
25sources.
26    (c) The chief judge may authorize interception of a

 

 

HB3655- 1988 -LRB102 16922 WGH 22334 b

1private communication anywhere in the judicial circuit. If the
2court authorizes the use of an eavesdropping device with
3respect to a vehicle, watercraft, or aircraft that is within
4the judicial circuit at the time the order is issued, the order
5may provide that the interception may continue anywhere within
6the State if the vehicle, watercraft, or aircraft leaves the
7judicial circuit.
8(Source: P.A. 95-331, eff. 8-21-07.)
 
9    (725 ILCS 5/108B-13)  (from Ch. 38, par. 108B-13)
10    Sec. 108B-13. Reports concerning use of eavesdropping
11devices.
12    (a) Within 30 days after the expiration of an order and
13each extension thereof authorizing an interception, or within
1430 days after the denial of an application or disapproval of an
15application subsequent to any alleged emergency situation, the
16State's Attorney shall report to the Illinois Department of
17State Police the following:
18        (1) the fact that such an order, extension, or
19    subsequent approval of an emergency was applied for;
20        (2) the kind of order or extension applied for;
21        (3) a statement as to whether the order or extension
22    was granted as applied for was modified, or was denied;
23        (4) the period authorized by the order or extensions
24    in which an eavesdropping device could be used;
25        (5) the offense enumerated in Section 108B-3 which is

 

 

HB3655- 1989 -LRB102 16922 WGH 22334 b

1    specified in the order or extension or in the denied
2    application;
3        (6) the identity of the applying electronic criminal
4    surveillance officer and agency making the application and
5    the State's Attorney authorizing the application; and
6        (7) the nature of the facilities from which or the
7    place where the eavesdropping device was to be used.
8    (b) In January of each year the State's Attorney of each
9county in which an interception occurred pursuant to the
10provisions of this Article shall report to the Illinois
11Department of State Police the following:
12        (1) a general description of the uses of eavesdropping
13    devices actually made under such order to overhear or
14    record conversations, including: (a) the approximate
15    nature and frequency of incriminating conversations
16    overheard, (b) the approximate nature and frequency of
17    other conversations overheard, (c) the approximate number
18    of persons whose conversations were overheard, and (d) the
19    approximate nature, amount, and cost of the manpower and
20    other resources used pursuant to the authorization to use
21    an eavesdropping device;
22        (2) the number of arrests resulting from authorized
23    uses of eavesdropping devices and the offenses for which
24    arrests were made;
25        (3) the number of trials resulting from such uses of
26    eavesdropping devices;

 

 

HB3655- 1990 -LRB102 16922 WGH 22334 b

1        (4) the number of motions to suppress made with
2    respect to such uses, and the number granted or denied;
3    and
4        (5) the number of convictions resulting from such uses
5    and the offenses for which the convictions were obtained
6    and a general assessment of the importance of the
7    convictions.
8    On or before March 1 of each year, the Director of the
9Illinois Department of State Police shall submit to the
10Governor a report of all intercepts as defined herein
11conducted pursuant to this Article and terminated during the
12preceding calendar year. Such report shall include:
13        (1) the reports of State's Attorneys forwarded to the
14    Director as required in this Section;
15        (2) the number of Illinois State Police Department
16    personnel authorized to possess, install, or operate
17    electronic, mechanical, or other devices;
18        (3) the number of Illinois State Police Department and
19    other law enforcement personnel who participated or
20    engaged in the seizure of intercepts pursuant to this
21    Article during the preceding calendar year;
22        (4) the number of electronic criminal surveillance
23    officers trained by the Illinois State Police Department;
24        (5) the total cost to the Illinois State Police
25    Department of all activities and procedures relating to
26    the seizure of intercepts during the preceding calendar

 

 

HB3655- 1991 -LRB102 16922 WGH 22334 b

1    year, including costs of equipment, manpower, and expenses
2    incurred as compensation for use of facilities or
3    technical assistance provided to or by the Illinois State
4    Police Department; and
5        (6) a summary of the use of eavesdropping devices
6    pursuant to orders of interception including (a) the
7    frequency of use in each county, (b) the frequency of use
8    for each crime enumerated in Section 108B-3 of the Code of
9    Criminal Procedure of 1963, as amended, (c) the type and
10    frequency of eavesdropping device use, and (d) the
11    frequency of use by each police department or law
12    enforcement agency of this State.
13    (d) In April of each year, the Director of the Illinois
14Department of State Police and the Governor shall each
15transmit to the General Assembly reports including information
16on the number of applications for orders authorizing the use
17of eavesdropping devices, the number of orders and extensions
18granted or denied during the preceding calendar year, the
19convictions arising out of such uses, and a summary of the
20information required by subsections (a) and (b) of this
21Section.
22    The requirement for reporting to the General Assembly
23shall be satisfied by filing copies of the report as required
24by Section 3.1 of the General Assembly Organization Act, and
25filing such additional copies with the State Government Report
26Distribution Center for the General Assembly as is required

 

 

HB3655- 1992 -LRB102 16922 WGH 22334 b

1under paragraph (t) of Section 7 of the State Library Act.
2(Source: P.A. 100-1148, eff. 12-10-18.)
 
3    (725 ILCS 5/108B-14)  (from Ch. 38, par. 108B-14)
4    Sec. 108B-14. Training.
5    (a) The Director of the Illinois Department of State
6Police shall:
7        (1) Establish a course of training in the legal,
8    practical, and technical aspects of the interception of
9    private communications and related investigation and
10    prosecution techniques;
11        (2) Issue regulations as he finds necessary for the
12    training program;
13        (3) In cooperation with the Illinois Law Enforcement
14    Training Standards Board, set minimum standards for
15    certification and periodic recertification of electronic
16    criminal surveillance officers as eligible to apply for
17    orders authorizing the interception of private
18    communications, to conduct the interceptions, and to use
19    the private communications or evidence derived from them
20    in official proceedings; and
21        (4) In cooperation with the Illinois Law Enforcement
22    Training Standards Board, revoke or suspend the
23    certification of any electronic criminal surveillance
24    officer who has violated any law relating to electronic
25    criminal surveillance, or any of the guidelines

 

 

HB3655- 1993 -LRB102 16922 WGH 22334 b

1    established by the Illinois State Police Department for
2    conducting electronic criminal surveillance.
3    (b) The Executive Director of the Illinois Law Enforcement
4Training Standards Board shall:
5        (1) Pursuant to the Illinois Police Training Act,
6    review the course of training prescribed by the Illinois
7    State Police Department for the purpose of certification
8    relating to reimbursement of expenses incurred by local
9    law enforcement agencies participating in the electronic
10    criminal surveillance officer training process, and
11        (2) Assist the Illinois State Police Department in
12    establishing minimum standards for certification and
13    periodic recertification of electronic criminal
14    surveillance officers as being eligible to apply for
15    orders authorizing the interception of private
16    communications, to conduct the interpretations, and to use
17    the communications or evidence derived from them in
18    official proceedings.
19(Source: P.A. 92-854, eff. 12-5-02.)
 
20    (725 ILCS 5/110-7)  (from Ch. 38, par. 110-7)
21    Sec. 110-7. Deposit of bail security.
22    (a) The person for whom bail has been set shall execute the
23bail bond and deposit with the clerk of the court before which
24the proceeding is pending a sum of money equal to 10% of the
25bail, but in no event shall such deposit be less than $25. The

 

 

HB3655- 1994 -LRB102 16922 WGH 22334 b

1clerk of the court shall provide a space on each form for a
2person other than the accused who has provided the money for
3the posting of bail to so indicate and a space signed by an
4accused who has executed the bail bond indicating whether a
5person other than the accused has provided the money for the
6posting of bail. The form shall also include a written notice
7to such person who has provided the defendant with the money
8for the posting of bail indicating that the bail may be used to
9pay costs, attorney's fees, fines, or other purposes
10authorized by the court and if the defendant fails to comply
11with the conditions of the bail bond, the court shall enter an
12order declaring the bail to be forfeited. The written notice
13must be: (1) distinguishable from the surrounding text; (2) in
14bold type or underscored; and (3) in a type size at least 2
15points larger than the surrounding type. When a person for
16whom bail has been set is charged with an offense under the
17Illinois Controlled Substances Act or the Methamphetamine
18Control and Community Protection Act which is a Class X
19felony, or making a terrorist threat in violation of Section
2029D-20 of the Criminal Code of 1961 or the Criminal Code of
212012 or an attempt to commit the offense of making a terrorist
22threat, the court may require the defendant to deposit a sum
23equal to 100% of the bail. Where any person is charged with a
24forcible felony while free on bail and is the subject of
25proceedings under Section 109-3 of this Code the judge
26conducting the preliminary examination may also conduct a

 

 

HB3655- 1995 -LRB102 16922 WGH 22334 b

1hearing upon the application of the State pursuant to the
2provisions of Section 110-6 of this Code to increase or revoke
3the bail for that person's prior alleged offense.
4    (b) Upon depositing this sum and any bond fee authorized
5by law, the person shall be released from custody subject to
6the conditions of the bail bond.
7    (c) Once bail has been given and a charge is pending or is
8thereafter filed in or transferred to a court of competent
9jurisdiction the latter court shall continue the original bail
10in that court subject to the provisions of Section 110-6 of
11this Code.
12    (d) After conviction the court may order that the original
13bail stand as bail pending appeal or deny, increase or reduce
14bail subject to the provisions of Section 110-6.2.
15    (e) After the entry of an order by the trial court allowing
16or denying bail pending appeal either party may apply to the
17reviewing court having jurisdiction or to a justice thereof
18sitting in vacation for an order increasing or decreasing the
19amount of bail or allowing or denying bail pending appeal
20subject to the provisions of Section 110-6.2.
21    (f) When the conditions of the bail bond have been
22performed and the accused has been discharged from all
23obligations in the cause the clerk of the court shall return to
24the accused or to the defendant's designee by an assignment
25executed at the time the bail amount is deposited, unless the
26court orders otherwise, 90% of the sum which had been

 

 

HB3655- 1996 -LRB102 16922 WGH 22334 b

1deposited and shall retain as bail bond costs 10% of the amount
2deposited. However, in no event shall the amount retained by
3the clerk as bail bond costs be less than $5. Notwithstanding
4the foregoing, in counties with a population of 3,000,000 or
5more, in no event shall the amount retained by the clerk as
6bail bond costs exceed $100. Bail bond deposited by or on
7behalf of a defendant in one case may be used, in the court's
8discretion, to satisfy financial obligations of that same
9defendant incurred in a different case due to a fine, court
10costs, restitution or fees of the defendant's attorney of
11record. In counties with a population of 3,000,000 or more,
12the court shall not order bail bond deposited by or on behalf
13of a defendant in one case to be used to satisfy financial
14obligations of that same defendant in a different case until
15the bail bond is first used to satisfy court costs and
16attorney's fees in the case in which the bail bond has been
17deposited and any other unpaid child support obligations are
18satisfied. In counties with a population of less than
193,000,000, the court shall not order bail bond deposited by or
20on behalf of a defendant in one case to be used to satisfy
21financial obligations of that same defendant in a different
22case until the bail bond is first used to satisfy court costs
23in the case in which the bail bond has been deposited.
24    At the request of the defendant the court may order such
2590% of defendant's bail deposit, or whatever amount is
26repayable to defendant from such deposit, to be paid to

 

 

HB3655- 1997 -LRB102 16922 WGH 22334 b

1defendant's attorney of record.
2    (g) If the accused does not comply with the conditions of
3the bail bond the court having jurisdiction shall enter an
4order declaring the bail to be forfeited. Notice of such order
5of forfeiture shall be mailed forthwith to the accused at his
6last known address. If the accused does not appear and
7surrender to the court having jurisdiction within 30 days from
8the date of the forfeiture or within such period satisfy the
9court that appearance and surrender by the accused is
10impossible and without his fault the court shall enter
11judgment for the State if the charge for which the bond was
12given was a felony or misdemeanor, or if the charge was
13quasi-criminal or traffic, judgment for the political
14subdivision of the State which prosecuted the case, against
15the accused for the amount of the bail and costs of the court
16proceedings; however, in counties with a population of less
17than 3,000,000, instead of the court entering a judgment for
18the full amount of the bond the court may, in its discretion,
19enter judgment for the cash deposit on the bond, less costs,
20retain the deposit for further disposition or, if a cash bond
21was posted for failure to appear in a matter involving
22enforcement of child support or maintenance, the amount of the
23cash deposit on the bond, less outstanding costs, may be
24awarded to the person or entity to whom the child support or
25maintenance is due. The deposit made in accordance with
26paragraph (a) shall be applied to the payment of costs. If

 

 

HB3655- 1998 -LRB102 16922 WGH 22334 b

1judgment is entered and any amount of such deposit remains
2after the payment of costs it shall be applied to payment of
3the judgment and transferred to the treasury of the municipal
4corporation wherein the bond was taken if the offense was a
5violation of any penal ordinance of a political subdivision of
6this State, or to the treasury of the county wherein the bond
7was taken if the offense was a violation of any penal statute
8of this State. The balance of the judgment may be enforced and
9collected in the same manner as a judgment entered in a civil
10action.
11    (h) After a judgment for a fine and court costs or either
12is entered in the prosecution of a cause in which a deposit had
13been made in accordance with paragraph (a) the balance of such
14deposit, after deduction of bail bond costs, shall be applied
15to the payment of the judgment.
16    (i) When a court appearance is required for an alleged
17violation of the Criminal Code of 1961, the Criminal Code of
182012, the Illinois Vehicle Code, the Wildlife Code, the Fish
19and Aquatic Life Code, the Child Passenger Protection Act, or
20a comparable offense of a unit of local government as
21specified in Supreme Court Rule 551, and if the accused does
22not appear in court on the date set for appearance or any date
23to which the case may be continued and the court issues an
24arrest warrant for the accused, based upon his or her failure
25to appear when having so previously been ordered to appear by
26the court, the accused upon his or her admission to bail shall

 

 

HB3655- 1999 -LRB102 16922 WGH 22334 b

1be assessed by the court a fee of $75. Payment of the fee shall
2be a condition of release unless otherwise ordered by the
3court. The fee shall be in addition to any bail that the
4accused is required to deposit for the offense for which the
5accused has been charged and may not be used for the payment of
6court costs or fines assessed for the offense. The clerk of the
7court shall remit $70 of the fee assessed to the arresting
8agency who brings the offender in on the arrest warrant. If the
9Illinois Department of State Police is the arresting agency,
10$70 of the fee assessed shall be remitted by the clerk of the
11court to the State Treasurer within one month after receipt
12for deposit into the State Police Operations Assistance Fund.
13The clerk of the court shall remit $5 of the fee assessed to
14the Circuit Court Clerk Operation and Administrative Fund as
15provided in Section 27.3d of the Clerks of Courts Act.
16(Source: P.A. 99-412, eff. 1-1-16.)
 
17    (725 ILCS 5/112A-11.1)
18    Sec. 112A-11.1. Procedure for determining whether certain
19misdemeanor crimes are crimes of domestic violence for
20purposes of federal law.
21    (a) When a defendant has been charged with a violation of
22Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or 12-3.5 of the
23Criminal Code of 1961 or the Criminal Code of 2012, the State
24may, at arraignment or no later than 45 days after
25arraignment, for the purpose of notification to the Illinois

 

 

HB3655- 2000 -LRB102 16922 WGH 22334 b

1Department of State Police Firearm Owner's Identification Card
2Office, serve on the defendant and file with the court a notice
3alleging that conviction of the offense would subject the
4defendant to the prohibitions of 18 U.S.C. 922(g)(9) because
5of the relationship between the defendant and the alleged
6victim and the nature of the alleged offense.
7    (b) The notice shall include the name of the person
8alleged to be the victim of the crime and shall specify the
9nature of the alleged relationship as set forth in 18 U.S.C.
10921(a)(33)(A)(ii). It shall also specify the element of the
11charged offense which requires the use or attempted use of
12physical force, or the threatened use of a deadly weapon, as
13set forth 18 U.S.C. 921(a)(33)(A)(ii). It shall also include
14notice that the defendant is entitled to a hearing on the
15allegation contained in the notice and that if the allegation
16is sustained, that determination and conviction shall be
17reported to the Illinois Department of State Police Firearm
18Owner's Identification Card Office.
19    (c) After having been notified as provided in subsection
20(b) of this Section, the defendant may stipulate or admit,
21orally on the record or in writing, that conviction of the
22offense would subject the defendant to the prohibitions of 18
23U.S.C. 922(g)(9). In that case, the applicability of 18 U.S.C.
24922(g)(9) shall be deemed established for purposes of Section
25112A-11.2. If the defendant denies the applicability of 18
26U.S.C. 922(g)(9) as alleged in the notice served by the State,

 

 

HB3655- 2001 -LRB102 16922 WGH 22334 b

1or stands mute with respect to that allegation, then the State
2shall bear the burden to prove beyond a reasonable doubt that
3the offense is one to which the prohibitions of 18 U.S.C.
4922(g)(9) apply. The court may consider reliable hearsay
5evidence submitted by either party provided that it is
6relevant to the determination of the allegation. Facts
7previously proven at trial or elicited at the time of entry of
8a plea of guilty shall be deemed established beyond a
9reasonable doubt and shall not be relitigated. At the
10conclusion of the hearing, or upon a stipulation or admission,
11as applicable, the court shall make a specific written
12determination with respect to the allegation.
13(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
14    (725 ILCS 5/112A-11.2)
15    Sec. 112A-11.2. Notification to the Illinois Department of
16State Police Firearm Owner's Identification Card Office of
17determinations in certain misdemeanor cases. Upon judgment of
18conviction of a violation of Section 12-1, 12-2, 12-3, 12-3.2,
1912-3.4, or 12-3.5 of the Criminal Code of 1961 or the Criminal
20Code of 2012 when the defendant has been determined, under
21Section 112A-11.1, to be subject to the prohibitions of 18
22U.S.C. 922(g)(9), the circuit court clerk shall include
23notification and a copy of the written determination in a
24report of the conviction to the Illinois Department of State
25Police Firearm Owner's Identification Card Office to enable

 

 

HB3655- 2002 -LRB102 16922 WGH 22334 b

1the office to report that determination to the Federal Bureau
2of Investigation and assist the Bureau in identifying persons
3prohibited from purchasing and possessing a firearm pursuant
4to the provisions of 18 U.S.C. 922.
5(Source: P.A. 97-1131, eff. 1-1-13; 97-1150, eff. 1-25-13.)
 
6    (725 ILCS 5/112A-14)  (from Ch. 38, par. 112A-14)
7    Sec. 112A-14. Domestic violence order of protection;
8remedies.
9    (a) (Blank).
10    (b) The court may order any of the remedies listed in this
11subsection (b). The remedies listed in this subsection (b)
12shall be in addition to other civil or criminal remedies
13available to petitioner.
14        (1) Prohibition of abuse. Prohibit respondent's
15    harassment, interference with personal liberty,
16    intimidation of a dependent, physical abuse, or willful
17    deprivation, as defined in this Article, if such abuse has
18    occurred or otherwise appears likely to occur if not
19    prohibited.
20        (2) Grant of exclusive possession of residence.
21    Prohibit respondent from entering or remaining in any
22    residence, household, or premises of the petitioner,
23    including one owned or leased by respondent, if petitioner
24    has a right to occupancy thereof. The grant of exclusive
25    possession of the residence, household, or premises shall

 

 

HB3655- 2003 -LRB102 16922 WGH 22334 b

1    not affect title to real property, nor shall the court be
2    limited by the standard set forth in subsection (c-2) of
3    Section 501 of the Illinois Marriage and Dissolution of
4    Marriage Act.
5            (A) Right to occupancy. A party has a right to
6        occupancy of a residence or household if it is solely
7        or jointly owned or leased by that party, that party's
8        spouse, a person with a legal duty to support that
9        party or a minor child in that party's care, or by any
10        person or entity other than the opposing party that
11        authorizes that party's occupancy (e.g., a domestic
12        violence shelter). Standards set forth in subparagraph
13        (B) shall not preclude equitable relief.
14            (B) Presumption of hardships. If petitioner and
15        respondent each has the right to occupancy of a
16        residence or household, the court shall balance (i)
17        the hardships to respondent and any minor child or
18        dependent adult in respondent's care resulting from
19        entry of this remedy with (ii) the hardships to
20        petitioner and any minor child or dependent adult in
21        petitioner's care resulting from continued exposure to
22        the risk of abuse (should petitioner remain at the
23        residence or household) or from loss of possession of
24        the residence or household (should petitioner leave to
25        avoid the risk of abuse). When determining the balance
26        of hardships, the court shall also take into account

 

 

HB3655- 2004 -LRB102 16922 WGH 22334 b

1        the accessibility of the residence or household.
2        Hardships need not be balanced if respondent does not
3        have a right to occupancy.
4            The balance of hardships is presumed to favor
5        possession by petitioner unless the presumption is
6        rebutted by a preponderance of the evidence, showing
7        that the hardships to respondent substantially
8        outweigh the hardships to petitioner and any minor
9        child or dependent adult in petitioner's care. The
10        court, on the request of petitioner or on its own
11        motion, may order respondent to provide suitable,
12        accessible, alternate housing for petitioner instead
13        of excluding respondent from a mutual residence or
14        household.
15        (3) Stay away order and additional prohibitions. Order
16    respondent to stay away from petitioner or any other
17    person protected by the domestic violence order of
18    protection, or prohibit respondent from entering or
19    remaining present at petitioner's school, place of
20    employment, or other specified places at times when
21    petitioner is present, or both, if reasonable, given the
22    balance of hardships. Hardships need not be balanced for
23    the court to enter a stay away order or prohibit entry if
24    respondent has no right to enter the premises.
25            (A) If a domestic violence order of protection
26        grants petitioner exclusive possession of the

 

 

HB3655- 2005 -LRB102 16922 WGH 22334 b

1        residence, prohibits respondent from entering the
2        residence, or orders respondent to stay away from
3        petitioner or other protected persons, then the court
4        may allow respondent access to the residence to remove
5        items of clothing and personal adornment used
6        exclusively by respondent, medications, and other
7        items as the court directs. The right to access shall
8        be exercised on only one occasion as the court directs
9        and in the presence of an agreed-upon adult third
10        party or law enforcement officer.
11            (B) When the petitioner and the respondent attend
12        the same public, private, or non-public elementary,
13        middle, or high school, the court when issuing a
14        domestic violence order of protection and providing
15        relief shall consider the severity of the act, any
16        continuing physical danger or emotional distress to
17        the petitioner, the educational rights guaranteed to
18        the petitioner and respondent under federal and State
19        law, the availability of a transfer of the respondent
20        to another school, a change of placement or a change of
21        program of the respondent, the expense, difficulty,
22        and educational disruption that would be caused by a
23        transfer of the respondent to another school, and any
24        other relevant facts of the case. The court may order
25        that the respondent not attend the public, private, or
26        non-public elementary, middle, or high school attended

 

 

HB3655- 2006 -LRB102 16922 WGH 22334 b

1        by the petitioner, order that the respondent accept a
2        change of placement or change of program, as
3        determined by the school district or private or
4        non-public school, or place restrictions on the
5        respondent's movements within the school attended by
6        the petitioner. The respondent bears the burden of
7        proving by a preponderance of the evidence that a
8        transfer, change of placement, or change of program of
9        the respondent is not available. The respondent also
10        bears the burden of production with respect to the
11        expense, difficulty, and educational disruption that
12        would be caused by a transfer of the respondent to
13        another school. A transfer, change of placement, or
14        change of program is not unavailable to the respondent
15        solely on the ground that the respondent does not
16        agree with the school district's or private or
17        non-public school's transfer, change of placement, or
18        change of program or solely on the ground that the
19        respondent fails or refuses to consent or otherwise
20        does not take an action required to effectuate a
21        transfer, change of placement, or change of program.
22        When a court orders a respondent to stay away from the
23        public, private, or non-public school attended by the
24        petitioner and the respondent requests a transfer to
25        another attendance center within the respondent's
26        school district or private or non-public school, the

 

 

HB3655- 2007 -LRB102 16922 WGH 22334 b

1        school district or private or non-public school shall
2        have sole discretion to determine the attendance
3        center to which the respondent is transferred. If the
4        court order results in a transfer of the minor
5        respondent to another attendance center, a change in
6        the respondent's placement, or a change of the
7        respondent's program, the parents, guardian, or legal
8        custodian of the respondent is responsible for
9        transportation and other costs associated with the
10        transfer or change.
11            (C) The court may order the parents, guardian, or
12        legal custodian of a minor respondent to take certain
13        actions or to refrain from taking certain actions to
14        ensure that the respondent complies with the order. If
15        the court orders a transfer of the respondent to
16        another school, the parents, guardian, or legal
17        custodian of the respondent is responsible for
18        transportation and other costs associated with the
19        change of school by the respondent.
20        (4) Counseling. Require or recommend the respondent to
21    undergo counseling for a specified duration with a social
22    worker, psychologist, clinical psychologist,
23    psychiatrist, family service agency, alcohol or substance
24    abuse program, mental health center guidance counselor,
25    agency providing services to elders, program designed for
26    domestic violence abusers, or any other guidance service

 

 

HB3655- 2008 -LRB102 16922 WGH 22334 b

1    the court deems appropriate. The court may order the
2    respondent in any intimate partner relationship to report
3    to an Illinois Department of Human Services protocol
4    approved partner abuse intervention program for an
5    assessment and to follow all recommended treatment.
6        (5) Physical care and possession of the minor child.
7    In order to protect the minor child from abuse, neglect,
8    or unwarranted separation from the person who has been the
9    minor child's primary caretaker, or to otherwise protect
10    the well-being of the minor child, the court may do either
11    or both of the following: (i) grant petitioner physical
12    care or possession of the minor child, or both, or (ii)
13    order respondent to return a minor child to, or not remove
14    a minor child from, the physical care of a parent or person
15    in loco parentis.
16        If the respondent is charged with abuse (as defined in
17    Section 112A-3 of this Code) of a minor child, there shall
18    be a rebuttable presumption that awarding physical care to
19    respondent would not be in the minor child's best
20    interest.
21        (6) Temporary allocation of parental responsibilities
22    and significant decision-making responsibilities. Award
23    temporary significant decision-making responsibility to
24    petitioner in accordance with this Section, the Illinois
25    Marriage and Dissolution of Marriage Act, the Illinois
26    Parentage Act of 2015, and this State's Uniform

 

 

HB3655- 2009 -LRB102 16922 WGH 22334 b

1    Child-Custody Jurisdiction and Enforcement Act.
2        If the respondent is charged with abuse (as defined in
3    Section 112A-3 of this Code) of a minor child, there shall
4    be a rebuttable presumption that awarding temporary
5    significant decision-making responsibility to respondent
6    would not be in the child's best interest.
7        (7) Parenting time. Determine the parenting time, if
8    any, of respondent in any case in which the court awards
9    physical care or temporary significant decision-making
10    responsibility of a minor child to petitioner. The court
11    shall restrict or deny respondent's parenting time with a
12    minor child if the court finds that respondent has done or
13    is likely to do any of the following:
14            (i) abuse or endanger the minor child during
15        parenting time;
16            (ii) use the parenting time as an opportunity to
17        abuse or harass petitioner or petitioner's family or
18        household members;
19            (iii) improperly conceal or detain the minor
20        child; or
21            (iv) otherwise act in a manner that is not in the
22        best interests of the minor child.
23        The court shall not be limited by the standards set
24    forth in Section 603.10 of the Illinois Marriage and
25    Dissolution of Marriage Act. If the court grants parenting
26    time, the order shall specify dates and times for the

 

 

HB3655- 2010 -LRB102 16922 WGH 22334 b

1    parenting time to take place or other specific parameters
2    or conditions that are appropriate. No order for parenting
3    time shall refer merely to the term "reasonable parenting
4    time". Petitioner may deny respondent access to the minor
5    child if, when respondent arrives for parenting time,
6    respondent is under the influence of drugs or alcohol and
7    constitutes a threat to the safety and well-being of
8    petitioner or petitioner's minor children or is behaving
9    in a violent or abusive manner. If necessary to protect
10    any member of petitioner's family or household from future
11    abuse, respondent shall be prohibited from coming to
12    petitioner's residence to meet the minor child for
13    parenting time, and the petitioner and respondent shall
14    submit to the court their recommendations for reasonable
15    alternative arrangements for parenting time. A person may
16    be approved to supervise parenting time only after filing
17    an affidavit accepting that responsibility and
18    acknowledging accountability to the court.
19        (8) Removal or concealment of minor child. Prohibit
20    respondent from removing a minor child from the State or
21    concealing the child within the State.
22        (9) Order to appear. Order the respondent to appear in
23    court, alone or with a minor child, to prevent abuse,
24    neglect, removal or concealment of the child, to return
25    the child to the custody or care of the petitioner, or to
26    permit any court-ordered interview or examination of the

 

 

HB3655- 2011 -LRB102 16922 WGH 22334 b

1    child or the respondent.
2        (10) Possession of personal property. Grant petitioner
3    exclusive possession of personal property and, if
4    respondent has possession or control, direct respondent to
5    promptly make it available to petitioner, if:
6            (i) petitioner, but not respondent, owns the
7        property; or
8            (ii) the petitioner and respondent own the
9        property jointly; sharing it would risk abuse of
10        petitioner by respondent or is impracticable; and the
11        balance of hardships favors temporary possession by
12        petitioner.
13        If petitioner's sole claim to ownership of the
14    property is that it is marital property, the court may
15    award petitioner temporary possession thereof under the
16    standards of subparagraph (ii) of this paragraph only if a
17    proper proceeding has been filed under the Illinois
18    Marriage and Dissolution of Marriage Act, as now or
19    hereafter amended.
20        No order under this provision shall affect title to
21    property.
22        (11) Protection of property. Forbid the respondent
23    from taking, transferring, encumbering, concealing,
24    damaging, or otherwise disposing of any real or personal
25    property, except as explicitly authorized by the court,
26    if:

 

 

HB3655- 2012 -LRB102 16922 WGH 22334 b

1            (i) petitioner, but not respondent, owns the
2        property; or
3            (ii) the petitioner and respondent own the
4        property jointly, and the balance of hardships favors
5        granting this remedy.
6        If petitioner's sole claim to ownership of the
7    property is that it is marital property, the court may
8    grant petitioner relief under subparagraph (ii) of this
9    paragraph only if a proper proceeding has been filed under
10    the Illinois Marriage and Dissolution of Marriage Act, as
11    now or hereafter amended.
12        The court may further prohibit respondent from
13    improperly using the financial or other resources of an
14    aged member of the family or household for the profit or
15    advantage of respondent or of any other person.
16        (11.5) Protection of animals. Grant the petitioner the
17    exclusive care, custody, or control of any animal owned,
18    possessed, leased, kept, or held by either the petitioner
19    or the respondent or a minor child residing in the
20    residence or household of either the petitioner or the
21    respondent and order the respondent to stay away from the
22    animal and forbid the respondent from taking,
23    transferring, encumbering, concealing, harming, or
24    otherwise disposing of the animal.
25        (12) Order for payment of support. Order respondent to
26    pay temporary support for the petitioner or any child in

 

 

HB3655- 2013 -LRB102 16922 WGH 22334 b

1    the petitioner's care or over whom the petitioner has been
2    allocated parental responsibility, when the respondent has
3    a legal obligation to support that person, in accordance
4    with the Illinois Marriage and Dissolution of Marriage
5    Act, which shall govern, among other matters, the amount
6    of support, payment through the clerk and withholding of
7    income to secure payment. An order for child support may
8    be granted to a petitioner with lawful physical care of a
9    child, or an order or agreement for physical care of a
10    child, prior to entry of an order allocating significant
11    decision-making responsibility. Such a support order shall
12    expire upon entry of a valid order allocating parental
13    responsibility differently and vacating petitioner's
14    significant decision-making responsibility unless
15    otherwise provided in the order.
16        (13) Order for payment of losses. Order respondent to
17    pay petitioner for losses suffered as a direct result of
18    the abuse. Such losses shall include, but not be limited
19    to, medical expenses, lost earnings or other support,
20    repair or replacement of property damaged or taken,
21    reasonable attorney's fees, court costs, and moving or
22    other travel expenses, including additional reasonable
23    expenses for temporary shelter and restaurant meals.
24            (i) Losses affecting family needs. If a party is
25        entitled to seek maintenance, child support, or
26        property distribution from the other party under the

 

 

HB3655- 2014 -LRB102 16922 WGH 22334 b

1        Illinois Marriage and Dissolution of Marriage Act, as
2        now or hereafter amended, the court may order
3        respondent to reimburse petitioner's actual losses, to
4        the extent that such reimbursement would be
5        "appropriate temporary relief", as authorized by
6        subsection (a)(3) of Section 501 of that Act.
7            (ii) Recovery of expenses. In the case of an
8        improper concealment or removal of a minor child, the
9        court may order respondent to pay the reasonable
10        expenses incurred or to be incurred in the search for
11        and recovery of the minor child, including, but not
12        limited to, legal fees, court costs, private
13        investigator fees, and travel costs.
14        (14) Prohibition of entry. Prohibit the respondent
15    from entering or remaining in the residence or household
16    while the respondent is under the influence of alcohol or
17    drugs and constitutes a threat to the safety and
18    well-being of the petitioner or the petitioner's children.
19        (14.5) Prohibition of firearm possession.
20            (A) A person who is subject to an existing
21        domestic violence order of protection issued under
22        this Code may not lawfully possess weapons under
23        Section 8.2 of the Firearm Owners Identification Card
24        Act.
25            (B) Any firearms in the possession of the
26        respondent, except as provided in subparagraph (C) of

 

 

HB3655- 2015 -LRB102 16922 WGH 22334 b

1        this paragraph (14.5), shall be ordered by the court
2        to be turned over to a person with a valid Firearm
3        Owner's Identification Card for safekeeping. The court
4        shall issue an order that the respondent's Firearm
5        Owner's Identification Card be turned over to the
6        local law enforcement agency, which in turn shall
7        immediately mail the card to the Illinois Department
8        of State Police Firearm Owner's Identification Card
9        Office for safekeeping. The period of safekeeping
10        shall be for the duration of the domestic violence
11        order of protection. The firearm or firearms and
12        Firearm Owner's Identification Card, if unexpired,
13        shall at the respondent's request be returned to the
14        respondent at expiration of the domestic violence
15        order of protection.
16            (C) If the respondent is a peace officer as
17        defined in Section 2-13 of the Criminal Code of 2012,
18        the court shall order that any firearms used by the
19        respondent in the performance of his or her duties as a
20        peace officer be surrendered to the chief law
21        enforcement executive of the agency in which the
22        respondent is employed, who shall retain the firearms
23        for safekeeping for the duration of the domestic
24        violence order of protection.
25            (D) Upon expiration of the period of safekeeping,
26        if the firearms or Firearm Owner's Identification Card

 

 

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1        cannot be returned to respondent because respondent
2        cannot be located, fails to respond to requests to
3        retrieve the firearms, or is not lawfully eligible to
4        possess a firearm, upon petition from the local law
5        enforcement agency, the court may order the local law
6        enforcement agency to destroy the firearms, use the
7        firearms for training purposes, or for any other
8        application as deemed appropriate by the local law
9        enforcement agency; or that the firearms be turned
10        over to a third party who is lawfully eligible to
11        possess firearms, and who does not reside with
12        respondent.
13        (15) Prohibition of access to records. If a domestic
14    violence order of protection prohibits respondent from
15    having contact with the minor child, or if petitioner's
16    address is omitted under subsection (b) of Section 112A-5
17    of this Code, or if necessary to prevent abuse or wrongful
18    removal or concealment of a minor child, the order shall
19    deny respondent access to, and prohibit respondent from
20    inspecting, obtaining, or attempting to inspect or obtain,
21    school or any other records of the minor child who is in
22    the care of petitioner.
23        (16) Order for payment of shelter services. Order
24    respondent to reimburse a shelter providing temporary
25    housing and counseling services to the petitioner for the
26    cost of the services, as certified by the shelter and

 

 

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1    deemed reasonable by the court.
2        (17) Order for injunctive relief. Enter injunctive
3    relief necessary or appropriate to prevent further abuse
4    of a family or household member or to effectuate one of the
5    granted remedies, if supported by the balance of
6    hardships. If the harm to be prevented by the injunction
7    is abuse or any other harm that one of the remedies listed
8    in paragraphs (1) through (16) of this subsection is
9    designed to prevent, no further evidence is necessary to
10    establish that the harm is an irreparable injury.
11        (18) Telephone services.
12            (A) Unless a condition described in subparagraph
13        (B) of this paragraph exists, the court may, upon
14        request by the petitioner, order a wireless telephone
15        service provider to transfer to the petitioner the
16        right to continue to use a telephone number or numbers
17        indicated by the petitioner and the financial
18        responsibility associated with the number or numbers,
19        as set forth in subparagraph (C) of this paragraph. In
20        this paragraph (18), the term "wireless telephone
21        service provider" means a provider of commercial
22        mobile service as defined in 47 U.S.C. 332. The
23        petitioner may request the transfer of each telephone
24        number that the petitioner, or a minor child in his or
25        her custody, uses. The clerk of the court shall serve
26        the order on the wireless telephone service provider's

 

 

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1        agent for service of process provided to the Illinois
2        Commerce Commission. The order shall contain all of
3        the following:
4                (i) The name and billing telephone number of
5            the account holder including the name of the
6            wireless telephone service provider that serves
7            the account.
8                (ii) Each telephone number that will be
9            transferred.
10                (iii) A statement that the provider transfers
11            to the petitioner all financial responsibility for
12            and right to the use of any telephone number
13            transferred under this paragraph.
14            (B) A wireless telephone service provider shall
15        terminate the respondent's use of, and shall transfer
16        to the petitioner use of, the telephone number or
17        numbers indicated in subparagraph (A) of this
18        paragraph unless it notifies the petitioner, within 72
19        hours after it receives the order, that one of the
20        following applies:
21                (i) The account holder named in the order has
22            terminated the account.
23                (ii) A difference in network technology would
24            prevent or impair the functionality of a device on
25            a network if the transfer occurs.
26                (iii) The transfer would cause a geographic or

 

 

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1            other limitation on network or service provision
2            to the petitioner.
3                (iv) Another technological or operational
4            issue would prevent or impair the use of the
5            telephone number if the transfer occurs.
6            (C) The petitioner assumes all financial
7        responsibility for and right to the use of any
8        telephone number transferred under this paragraph. In
9        this paragraph, "financial responsibility" includes
10        monthly service costs and costs associated with any
11        mobile device associated with the number.
12            (D) A wireless telephone service provider may
13        apply to the petitioner its routine and customary
14        requirements for establishing an account or
15        transferring a number, including requiring the
16        petitioner to provide proof of identification,
17        financial information, and customer preferences.
18            (E) Except for willful or wanton misconduct, a
19        wireless telephone service provider is immune from
20        civil liability for its actions taken in compliance
21        with a court order issued under this paragraph.
22            (F) All wireless service providers that provide
23        services to residential customers shall provide to the
24        Illinois Commerce Commission the name and address of
25        an agent for service of orders entered under this
26        paragraph (18). Any change in status of the registered

 

 

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1        agent must be reported to the Illinois Commerce
2        Commission within 30 days of such change.
3            (G) The Illinois Commerce Commission shall
4        maintain the list of registered agents for service for
5        each wireless telephone service provider on the
6        Commission's website. The Commission may consult with
7        wireless telephone service providers and the Circuit
8        Court Clerks on the manner in which this information
9        is provided and displayed.
10    (c) Relevant factors; findings.
11        (1) In determining whether to grant a specific remedy,
12    other than payment of support, the court shall consider
13    relevant factors, including, but not limited to, the
14    following:
15            (i) the nature, frequency, severity, pattern, and
16        consequences of the respondent's past abuse of the
17        petitioner or any family or household member,
18        including the concealment of his or her location in
19        order to evade service of process or notice, and the
20        likelihood of danger of future abuse to petitioner or
21        any member of petitioner's or respondent's family or
22        household; and
23            (ii) the danger that any minor child will be
24        abused or neglected or improperly relocated from the
25        jurisdiction, improperly concealed within the State,
26        or improperly separated from the child's primary

 

 

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1        caretaker.
2        (2) In comparing relative hardships resulting to the
3    parties from loss of possession of the family home, the
4    court shall consider relevant factors, including, but not
5    limited to, the following:
6            (i) availability, accessibility, cost, safety,
7        adequacy, location, and other characteristics of
8        alternate housing for each party and any minor child
9        or dependent adult in the party's care;
10            (ii) the effect on the party's employment; and
11            (iii) the effect on the relationship of the party,
12        and any minor child or dependent adult in the party's
13        care, to family, school, church, and community.
14        (3) Subject to the exceptions set forth in paragraph
15    (4) of this subsection (c), the court shall make its
16    findings in an official record or in writing, and shall at
17    a minimum set forth the following:
18            (i) That the court has considered the applicable
19        relevant factors described in paragraphs (1) and (2)
20        of this subsection (c).
21            (ii) Whether the conduct or actions of respondent,
22        unless prohibited, will likely cause irreparable harm
23        or continued abuse.
24            (iii) Whether it is necessary to grant the
25        requested relief in order to protect petitioner or
26        other alleged abused persons.

 

 

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1        (4) (Blank).
2        (5) Never married parties. No rights or
3    responsibilities for a minor child born outside of
4    marriage attach to a putative father until a father and
5    child relationship has been established under the Illinois
6    Parentage Act of 1984, the Illinois Parentage Act of 2015,
7    the Illinois Public Aid Code, Section 12 of the Vital
8    Records Act, the Juvenile Court Act of 1987, the Probate
9    Act of 1975, the Uniform Interstate Family Support Act,
10    the Expedited Child Support Act of 1990, any judicial,
11    administrative, or other act of another state or
12    territory, any other statute of this State, or by any
13    foreign nation establishing the father and child
14    relationship, any other proceeding substantially in
15    conformity with the federal Personal Responsibility and
16    Work Opportunity Reconciliation Act of 1996, or when both
17    parties appeared in open court or at an administrative
18    hearing acknowledging under oath or admitting by
19    affirmation the existence of a father and child
20    relationship. Absent such an adjudication, no putative
21    father shall be granted temporary allocation of parental
22    responsibilities, including parenting time with the minor
23    child, or physical care and possession of the minor child,
24    nor shall an order of payment for support of the minor
25    child be entered.
26    (d) Balance of hardships; findings. If the court finds

 

 

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1that the balance of hardships does not support the granting of
2a remedy governed by paragraph (2), (3), (10), (11), or (16) of
3subsection (b) of this Section, which may require such
4balancing, the court's findings shall so indicate and shall
5include a finding as to whether granting the remedy will
6result in hardship to respondent that would substantially
7outweigh the hardship to petitioner from denial of the remedy.
8The findings shall be an official record or in writing.
9    (e) Denial of remedies. Denial of any remedy shall not be
10based, in whole or in part, on evidence that:
11        (1) respondent has cause for any use of force, unless
12    that cause satisfies the standards for justifiable use of
13    force provided by Article 7 of the Criminal Code of 2012;
14        (2) respondent was voluntarily intoxicated;
15        (3) petitioner acted in self-defense or defense of
16    another, provided that, if petitioner utilized force, such
17    force was justifiable under Article 7 of the Criminal Code
18    of 2012;
19        (4) petitioner did not act in self-defense or defense
20    of another;
21        (5) petitioner left the residence or household to
22    avoid further abuse by respondent;
23        (6) petitioner did not leave the residence or
24    household to avoid further abuse by respondent; or
25        (7) conduct by any family or household member excused
26    the abuse by respondent, unless that same conduct would

 

 

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1    have excused such abuse if the parties had not been family
2    or household members.
3(Source: P.A. 100-199, eff. 1-1-18; 100-388, eff. 1-1-18;
4100-597, eff. 6-29-18; 100-863, eff. 8-14-18; 100-923, eff.
51-1-19; 101-81, eff. 7-12-19.)
 
6    (725 ILCS 5/112A-14.7)
7    Sec. 112A-14.7. Stalking no contact order; remedies.
8    (a) The court may order any of the remedies listed in this
9Section. The remedies listed in this Section shall be in
10addition to other civil or criminal remedies available to
11petitioner. A stalking no contact order shall order one or
12more of the following:
13        (1) prohibit the respondent from threatening to commit
14    or committing stalking;
15        (2) order the respondent not to have any contact with
16    the petitioner or a third person specifically named by the
17    court;
18        (3) prohibit the respondent from knowingly coming
19    within, or knowingly remaining within a specified distance
20    of the petitioner or the petitioner's residence, school,
21    daycare, or place of employment, or any specified place
22    frequented by the petitioner; however, the court may order
23    the respondent to stay away from the respondent's own
24    residence, school, or place of employment only if the
25    respondent has been provided actual notice of the

 

 

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1    opportunity to appear and be heard on the petition;
2        (4) prohibit the respondent from possessing a Firearm
3    Owners Identification Card, or possessing or buying
4    firearms; and
5        (5) order other injunctive relief the court determines
6    to be necessary to protect the petitioner or third party
7    specifically named by the court.
8    (b) When the petitioner and the respondent attend the same
9public, private, or non-public elementary, middle, or high
10school, the court when issuing a stalking no contact order and
11providing relief shall consider the severity of the act, any
12continuing physical danger or emotional distress to the
13petitioner, the educational rights guaranteed to the
14petitioner and respondent under federal and State law, the
15availability of a transfer of the respondent to another
16school, a change of placement or a change of program of the
17respondent, the expense, difficulty, and educational
18disruption that would be caused by a transfer of the
19respondent to another school, and any other relevant facts of
20the case. The court may order that the respondent not attend
21the public, private, or non-public elementary, middle, or high
22school attended by the petitioner, order that the respondent
23accept a change of placement or program, as determined by the
24school district or private or non-public school, or place
25restrictions on the respondent's movements within the school
26attended by the petitioner. The respondent bears the burden of

 

 

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1proving by a preponderance of the evidence that a transfer,
2change of placement, or change of program of the respondent is
3not available. The respondent also bears the burden of
4production with respect to the expense, difficulty, and
5educational disruption that would be caused by a transfer of
6the respondent to another school. A transfer, change of
7placement, or change of program is not unavailable to the
8respondent solely on the ground that the respondent does not
9agree with the school district's or private or non-public
10school's transfer, change of placement, or change of program
11or solely on the ground that the respondent fails or refuses to
12consent to or otherwise does not take an action required to
13effectuate a transfer, change of placement, or change of
14program. When a court orders a respondent to stay away from the
15public, private, or non-public school attended by the
16petitioner and the respondent requests a transfer to another
17attendance center within the respondent's school district or
18private or non-public school, the school district or private
19or non-public school shall have sole discretion to determine
20the attendance center to which the respondent is transferred.
21If the court order results in a transfer of the minor
22respondent to another attendance center, a change in the
23respondent's placement, or a change of the respondent's
24program, the parents, guardian, or legal custodian of the
25respondent is responsible for transportation and other costs
26associated with the transfer or change.

 

 

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1    (c) The court may order the parents, guardian, or legal
2custodian of a minor respondent to take certain actions or to
3refrain from taking certain actions to ensure that the
4respondent complies with the order. If the court orders a
5transfer of the respondent to another school, the parents,
6guardian, or legal custodian of the respondent are responsible
7for transportation and other costs associated with the change
8of school by the respondent.
9    (d) The court shall not hold a school district or private
10or non-public school or any of its employees in civil or
11criminal contempt unless the school district or private or
12non-public school has been allowed to intervene.
13    (e) The court may hold the parents, guardian, or legal
14custodian of a minor respondent in civil or criminal contempt
15for a violation of any provision of any order entered under
16this Article for conduct of the minor respondent in violation
17of this Article if the parents, guardian, or legal custodian
18directed, encouraged, or assisted the respondent minor in the
19conduct.
20    (f) Monetary damages are not recoverable as a remedy.
21    (g) If the stalking no contact order prohibits the
22respondent from possessing a Firearm Owner's Identification
23Card, or possessing or buying firearms; the court shall
24confiscate the respondent's Firearm Owner's Identification
25Card and immediately return the card to the Illinois
26Department of State Police Firearm Owner's Identification Card

 

 

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1Office.
2(Source: P.A. 100-199, eff. 1-1-18.)
 
3    (725 ILCS 5/112A-17.5)
4    Sec. 112A-17.5. Ex parte protective orders.
5    (a) The petitioner may request expedited consideration of
6the petition for an ex parte protective order. The court shall
7consider the request on an expedited basis without requiring
8the respondent's presence or requiring notice to the
9respondent.
10    (b) Issuance of ex parte protective orders in cases
11involving domestic violence. An ex parte domestic violence
12order of protection shall be issued if petitioner satisfies
13the requirements of this subsection (b) for one or more of the
14requested remedies. For each remedy requested, petitioner
15shall establish that:
16        (1) the court has jurisdiction under Section 112A-9 of
17    this Code;
18        (2) the requirements of subsection (a) of Section
19    112A-11.5 of this Code are satisfied; and
20        (3) there is good cause to grant the remedy,
21    regardless of prior service of process or notice upon the
22    respondent, because:
23            (A) for the remedy of prohibition of abuse
24        described in paragraph (1) of subsection (b) of
25        Section 112A-14 of this Code; stay away order and

 

 

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1        additional prohibitions described in paragraph (3) of
2        subsection (b) of Section 112A-14 of this Code;
3        removal or concealment of minor child described in
4        paragraph (8) of subsection (b) of Section 112A-14 of
5        this Code; order to appear described in paragraph (9)
6        of subsection (b) of Section 112A-14 of this Code;
7        physical care and possession of the minor child
8        described in paragraph (5) of subsection (b) of
9        Section 112A-14 of this Code; protection of property
10        described in paragraph (11) of subsection (b) of
11        Section 112A-14 of this Code; prohibition of entry
12        described in paragraph (14) of subsection (b) of
13        Section 112A-14 of this Code; prohibition of firearm
14        possession described in paragraph (14.5) of subsection
15        (b) of Section 112A-14 of this Code; prohibition of
16        access to records described in paragraph (15) of
17        subsection (b) of Section 112A-14 of this Code;
18        injunctive relief described in paragraph (16) of
19        subsection (b) of Section 112A-14 of this Code; and
20        telephone services described in paragraph (18) of
21        subsection (b) of Section 112A-14 of this Code, the
22        harm which that remedy is intended to prevent would be
23        likely to occur if the respondent were given any prior
24        notice, or greater notice than was actually given, of
25        the petitioner's efforts to obtain judicial relief;
26            (B) for the remedy of grant of exclusive

 

 

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1        possession of residence described in paragraph (2) of
2        subsection (b) of Section 112A-14 of this Code; the
3        immediate danger of further abuse of the petitioner by
4        the respondent, if the petitioner chooses or had
5        chosen to remain in the residence or household while
6        the respondent was given any prior notice or greater
7        notice than was actually given of the petitioner's
8        efforts to obtain judicial relief outweighs the
9        hardships to the respondent of an emergency order
10        granting the petitioner exclusive possession of the
11        residence or household; and the remedy shall not be
12        denied because the petitioner has or could obtain
13        temporary shelter elsewhere while prior notice is
14        given to the respondent, unless the hardship to the
15        respondent from exclusion from the home substantially
16        outweigh the hardship to the petitioner; or
17            (C) for the remedy of possession of personal
18        property described in paragraph (10) of subsection (b)
19        of Section 112A-14 of this Code; improper disposition
20        of the personal property would be likely to occur if
21        the respondent were given any prior notice, or greater
22        notice than was actually given, of the petitioner's
23        efforts to obtain judicial relief or the petitioner
24        has an immediate and pressing need for the possession
25        of that property.
26    An ex parte domestic violence order of protection may not

 

 

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1include the counseling, custody, or payment of support or
2monetary compensation remedies provided by paragraphs (4),
3(12), (13), and (16) of subsection (b) of Section 112A-14 of
4this Code.
5    (c) Issuance of ex parte civil no contact order in cases
6involving sexual offenses. An ex parte civil no contact order
7shall be issued if the petitioner establishes that:
8        (1) the court has jurisdiction under Section 112A-9 of
9    this Code;
10        (2) the requirements of subsection (a) of Section
11    112A-11.5 of this Code are satisfied; and
12        (3) there is good cause to grant the remedy,
13    regardless of prior service of process or of notice upon
14    the respondent, because the harm which that remedy is
15    intended to prevent would be likely to occur if the
16    respondent were given any prior notice, or greater notice
17    than was actually given, of the petitioner's efforts to
18    obtain judicial relief.
19    The court may order any of the remedies under Section
20112A-14.5 of this Code.
21    (d) Issuance of ex parte stalking no contact order in
22cases involving stalking offenses. An ex parte stalking no
23contact order shall be issued if the petitioner establishes
24that:
25        (1) the court has jurisdiction under Section 112A-9 of
26    this Code;

 

 

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1        (2) the requirements of subsection (a) of Section
2    112A-11.5 of this Code are satisfied; and
3        (3) there is good cause to grant the remedy,
4    regardless of prior service of process or of notice upon
5    the respondent, because the harm which that remedy is
6    intended to prevent would be likely to occur if the
7    respondent were given any prior notice, or greater notice
8    than was actually given, of the petitioner's efforts to
9    obtain judicial relief.
10    The court may order any of the remedies under Section
11112A-14.7 of this Code.
12    (e) Issuance of ex parte protective orders on court
13holidays and evenings.
14    When the court is unavailable at the close of business,
15the petitioner may file a petition for an ex parte protective
16order before any available circuit judge or associate judge
17who may grant relief under this Article. If the judge finds
18that petitioner has satisfied the prerequisites in subsection
19(b), (c), or (d) of this Section, the judge shall issue an ex
20parte protective order.
21    The chief judge of the circuit court may designate for
22each county in the circuit at least one judge to be reasonably
23available to issue orally, by telephone, by facsimile, or
24otherwise, an ex parte protective order at all times, whether
25or not the court is in session.
26    The judge who issued the order under this Section shall

 

 

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1promptly communicate or convey the order to the sheriff to
2facilitate the entry of the order into the Law Enforcement
3Agencies Data System by the Illinois Department of State
4Police under Section 112A-28 of this Code. Any order issued
5under this Section and any documentation in support of it
6shall be certified on the next court day to the appropriate
7court. The clerk of that court shall immediately assign a case
8number, file the petition, order, and other documents with the
9court and enter the order of record and file it with the
10sheriff for service under subsection (f) of this Section.
11Failure to comply with the requirements of this subsection (e)
12shall not affect the validity of the order.
13    (f) Service of ex parte protective order on respondent.
14        (1) If an ex parte protective order is entered at the
15    time a summons or arrest warrant is issued for the
16    criminal charge, the petition for the protective order,
17    any supporting affidavits, if any, and the ex parte
18    protective order that has been issued shall be served with
19    the summons or arrest warrant. The enforcement of a
20    protective order under Section 112A-23 of this Code shall
21    not be affected by the lack of service or delivery,
22    provided the requirements of subsection (a) of Section
23    112A-23 of this Code are otherwise met.
24        (2) If an ex parte protective order is entered after a
25    summons or arrest warrant is issued and before the
26    respondent makes an initial appearance in the criminal

 

 

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1    case, the summons shall be in the form prescribed by
2    subsection (d) of Supreme Court Rule 101, except that it
3    shall require respondent to answer or appear within 7 days
4    and shall be accompanied by the petition for the
5    protective order, any supporting affidavits, if any, and
6    the ex parte protective order that has been issued.
7        (3) If an ex parte protective order is entered after
8    the respondent has been served notice of a petition for a
9    final protective order and the respondent has requested a
10    continuance to respond to the petition, the ex parte
11    protective order shall be served: (A) in open court if the
12    respondent is present at the proceeding at which the order
13    was entered; or (B) by summons in the form prescribed by
14    subsection (d) of Supreme Court Rule 101.
15        (4) No fee shall be charged for service of summons.
16        (5) The summons shall be served by the sheriff or
17    other law enforcement officer at the earliest time and
18    shall take precedence over other summonses except those of
19    a similar emergency nature. Special process servers may be
20    appointed at any time, and their designation shall not
21    affect the responsibilities and authority of the sheriff
22    or other official process servers. In a county with a
23    population over 3,000,000, a special process server may
24    not be appointed if an ex parte protective order grants
25    the surrender of a child, the surrender of a firearm or
26    Firearm Owner's Identification Card, or the exclusive

 

 

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1    possession of a shared residence. Process may be served in
2    court.
3    (g) Upon 7 days' notice to the petitioner, or a shorter
4notice period as the court may prescribe, a respondent subject
5to an ex parte protective order may appear and petition the
6court to re-hear the petition. Any petition to re-hear shall
7be verified and shall allege the following:
8        (1) that respondent did not receive prior notice of
9    the initial hearing in which the ex parte protective order
10    was entered under Section 112A-17.5 of this Code; and
11        (2) that respondent had a meritorious defense to the
12    order or any of its remedies or that the order or any of
13    its remedies was not authorized under this Article.
14    The verified petition and affidavit shall set forth the
15evidence of the meritorious defense that will be presented at
16a hearing. If the court finds that the evidence presented at
17the hearing on the petition establishes a meritorious defense
18by a preponderance of the evidence, the court may decide to
19vacate the protective order or modify the remedies.
20    (h) If the ex parte protective order granted petitioner
21exclusive possession of the residence and the petition of
22respondent seeks to re-open or vacate that grant, the court
23shall set a date for hearing within 14 days on all issues
24relating to exclusive possession. Under no circumstances shall
25a court continue a hearing concerning exclusive possession
26beyond the 14th day except by agreement of the petitioner and

 

 

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1the respondent. Other issues raised by the pleadings may be
2consolidated for the hearing if the petitioner, the
3respondent, and the court do not object.
4    (i) Duration of ex parte protective order. An ex parte
5order shall remain in effect until the court considers the
6request for a final protective order after notice has been
7served on the respondent or a default final protective order
8is entered, whichever occurs first. If a court date is
9scheduled for the issuance of a default protective order and
10the petitioner fails to personally appear or appear through
11counsel or the prosecuting attorney, the petition shall be
12dismissed and the ex parte order terminated.
13(Source: P.A. 100-597, eff. 6-29-18.)
 
14    (725 ILCS 5/112A-20)  (from Ch. 38, par. 112A-20)
15    Sec. 112A-20. Duration and extension of final protective
16orders.
17    (a) (Blank).
18    (b) A final protective order shall remain in effect as
19follows:
20        (1) if entered during pre-trial release, until
21    disposition, withdrawal, or dismissal of the underlying
22    charge; if, however, the case is continued as an
23    independent cause of action, the order's duration may be
24    for a fixed period of time not to exceed 2 years;
25        (2) if in effect in conjunction with a bond forfeiture

 

 

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1    warrant, until final disposition or an additional period
2    of time not exceeding 2 years; no domestic violence order
3    of protection, however, shall be terminated by a dismissal
4    that is accompanied by the issuance of a bond forfeiture
5    warrant;
6        (3) until 2 years after the expiration of any
7    supervision, conditional discharge, probation, periodic
8    imprisonment, parole, aftercare release, or mandatory
9    supervised release for domestic violence orders of
10    protection and civil no contact orders; or
11        (4) until 2 years after the date set by the court for
12    expiration of any sentence of imprisonment and subsequent
13    parole, aftercare release, or mandatory supervised release
14    for domestic violence orders of protection and civil no
15    contact orders; and
16        (5) permanent for a stalking no contact order if a
17    judgment of conviction for stalking is entered.
18    (c) Computation of time. The duration of a domestic
19violence order of protection shall not be reduced by the
20duration of any prior domestic violence order of protection.
21    (d) Law enforcement records. When a protective order
22expires upon the occurrence of a specified event, rather than
23upon a specified date as provided in subsection (b), no
24expiration date shall be entered in Illinois Department of
25State Police records. To remove the protective order from
26those records, either the petitioner or the respondent shall

 

 

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1request the clerk of the court to file a certified copy of an
2order stating that the specified event has occurred or that
3the protective order has been vacated or modified with the
4sheriff, and the sheriff shall direct that law enforcement
5records shall be promptly corrected in accordance with the
6filed order.
7    (e) Extension of Orders. Any domestic violence order of
8protection or civil no contact order that expires 2 years
9after the expiration of the defendant's sentence under
10paragraph (2), (3), or (4) of subsection (b) of Section
11112A-20 of this Article may be extended one or more times, as
12required. The petitioner, petitioner's counsel, or the State's
13Attorney on the petitioner's behalf shall file the motion for
14an extension of the final protective order in the criminal
15case and serve the motion in accordance with Supreme Court
16Rules 11 and 12. The court shall transfer the motion to the
17appropriate court or division for consideration under
18subsection (e) of Section 220 of the Illinois Domestic
19Violence Act of 1986, subsection (c) of Section 216 of the
20Civil No Contact Order Act, or subsection (c) of Section 105 of
21the Stalking No Contact Order as appropriate.
22    (f) Termination date. Any final protective order which
23would expire on a court holiday shall instead expire at the
24close of the next court business day.
25    (g) Statement of purpose. The practice of dismissing or
26suspending a criminal prosecution in exchange for issuing a

 

 

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1protective order undermines the purposes of this Article. This
2Section shall not be construed as encouraging that practice.
3(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
 
4    (725 ILCS 5/112A-22)  (from Ch. 38, par. 112A-22)
5    Sec. 112A-22. Notice of orders.
6    (a) Entry and issuance. Upon issuance of any protective
7order, the clerk shall immediately, or on the next court day if
8an ex parte order is issued under subsection (e) of Section
9112A-17.5 of this Code, (i) enter the order on the record and
10file it in accordance with the circuit court procedures and
11(ii) provide a file stamped copy of the order to respondent and
12to petitioner, if present, and to the State's Attorney. If the
13victim is not present the State's Attorney shall (i) as soon as
14practicable notify the petitioner the order has been entered
15and (ii) provide a file stamped copy of the order to the
16petitioner within 3 days.
17    (b) Filing with sheriff. The clerk of the issuing judge
18shall, on the same day that a protective order is issued, file
19a copy of that order with the sheriff or other law enforcement
20officials charged with maintaining Illinois Department of
21State Police records or charged with serving the order upon
22respondent. If the order was issued under subsection (e) of
23Section 112A-17.5 of this Code, the clerk on the next court day
24shall file a certified copy of the order with the sheriff or
25other law enforcement officials charged with maintaining

 

 

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1Illinois Department of State Police records.
2    (c) (Blank).
3    (c-2) Service by sheriff. Unless respondent was present in
4court when the order was issued, the sheriff, other law
5enforcement official, or special process server shall promptly
6serve that order upon respondent and file proof of the
7service, in the manner provided for service of process in
8civil proceedings. Instead of serving the order upon the
9respondent; however, the sheriff, other law enforcement
10official, special process server, or other persons defined in
11Section 112A-22.1 of this Code may serve the respondent with a
12short form notification as provided in Section 112A-22.1 of
13this Code. If process has not yet been served upon the
14respondent, process shall be served with the order or short
15form notification if the service is made by the sheriff, other
16law enforcement official, or special process server.
17    (c-3) If the person against whom the protective order is
18issued is arrested and the written order is issued under
19subsection (e) of Section 112A-17.5 of this Code and received
20by the custodial law enforcement agency before the respondent
21or arrestee is released from custody, the custodial law
22enforcement agency shall promptly serve the order upon the
23respondent or arrestee before the respondent or arrestee is
24released from custody. In no event shall detention of the
25respondent or arrestee be extended for a hearing on the
26petition for protective order or receipt of the order issued

 

 

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1under Section 112A-17 of this Code.
2    (c-4) Extensions, modifications, and revocations. Any
3order extending, modifying, or revoking any protective order
4shall be promptly recorded, issued, and served as provided in
5this Section.
6    (c-5) (Blank).
7    (d) (Blank).
8    (e) Notice to health care facilities and health care
9practitioners. Upon the request of the petitioner, the clerk
10of the circuit court shall send a certified copy of the
11protective order to any specified health care facility or
12health care practitioner requested by the petitioner at the
13mailing address provided by the petitioner.
14    (f) Disclosure by health care facilities and health care
15practitioners. After receiving a certified copy of a
16protective order that prohibits a respondent's access to
17records, no health care facility or health care practitioner
18shall allow a respondent access to the records of any child who
19is a protected person under the protective order, or release
20information in those records to the respondent, unless the
21order has expired or the respondent shows a certified copy of
22the court order vacating the corresponding protective order
23that was sent to the health care facility or practitioner.
24Nothing in this Section shall be construed to require health
25care facilities or health care practitioners to alter
26procedures related to billing and payment. The health care

 

 

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1facility or health care practitioner may file the copy of the
2protective order in the records of a child who is a protected
3person under the protective order, or may employ any other
4method to identify the records to which a respondent is
5prohibited access. No health care facility or health care
6practitioner shall be civilly or professionally liable for
7reliance on a copy of a protective order, except for willful
8and wanton misconduct.
9    (g) Notice to schools. Upon the request of the petitioner,
10within 24 hours of the issuance of a protective order, the
11clerk of the issuing judge shall send a certified copy of the
12protective order to the day-care facility, pre-school or
13pre-kindergarten, or private school or the principal office of
14the public school district or any college or university in
15which any child who is a protected person under the protective
16order or any child of the petitioner is enrolled as requested
17by the petitioner at the mailing address provided by the
18petitioner. If the child transfers enrollment to another
19day-care facility, pre-school, pre-kindergarten, private
20school, public school, college, or university, the petitioner
21may, within 24 hours of the transfer, send to the clerk written
22notice of the transfer, including the name and address of the
23institution to which the child is transferring. Within 24
24hours of receipt of notice from the petitioner that a child is
25transferring to another day-care facility, pre-school,
26pre-kindergarten, private school, public school, college, or

 

 

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1university, the clerk shall send a certified copy of the order
2to the institution to which the child is transferring.
3    (h) Disclosure by schools. After receiving a certified
4copy of a protective order that prohibits a respondent's
5access to records, neither a day-care facility, pre-school,
6pre-kindergarten, public or private school, college, or
7university nor its employees shall allow a respondent access
8to a protected child's records or release information in those
9records to the respondent. The school shall file the copy of
10the protective order in the records of a child who is a
11protected person under the order. When a child who is a
12protected person under the protective order transfers to
13another day-care facility, pre-school, pre-kindergarten,
14public or private school, college, or university, the
15institution from which the child is transferring may, at the
16request of the petitioner, provide, within 24 hours of the
17transfer, written notice of the protective order, along with a
18certified copy of the order, to the institution to which the
19child is transferring.
20(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
 
21    (725 ILCS 5/112A-28)  (from Ch. 38, par. 112A-28)
22    Sec. 112A-28. Data maintenance by law enforcement
23agencies.
24    (a) All sheriffs shall furnish to the Illinois Department
25of State Police, daily, in the form and detail the Department

 

 

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1requires, copies of any recorded protective orders issued by
2the court, and any foreign protective orders filed by the
3clerk of the court, and transmitted to the sheriff by the clerk
4of the court. Each protective order shall be entered in the Law
5Enforcement Agencies Data System on the same day it is issued
6by the court.
7    (b) The Illinois Department of State Police shall maintain
8a complete and systematic record and index of all valid and
9recorded protective orders issued or filed under this Act. The
10data shall be used to inform all dispatchers and law
11enforcement officers at the scene of an alleged incident of
12abuse or violation of a protective order of any recorded prior
13incident of abuse involving the abused party and the effective
14dates and terms of any recorded protective order.
15    (c) The data, records and transmittals required under this
16Section shall pertain to:
17        (1) any valid emergency, interim or plenary domestic
18    violence order of protection, civil no contact or stalking
19    no contact order issued in a civil proceeding; and
20        (2) any valid ex parte or final protective order
21    issued in a criminal proceeding or authorized under the
22    laws of another state, tribe, or United States territory.
23(Source: P.A. 100-199, eff. 1-1-18; 100-597, eff. 6-29-18.)
 
24    (725 ILCS 5/115-15)
25    Sec. 115-15. Laboratory reports.

 

 

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1    (a) In any criminal prosecution for a violation of the
2Cannabis Control Act, the Illinois Controlled Substances Act,
3or the Methamphetamine Control and Community Protection Act, a
4laboratory report from the Illinois Department of State
5Police, Division of Forensic Services, that is signed and
6sworn to by the person performing an analysis and that states
7(1) that the substance that is the basis of the alleged
8violation has been weighed and analyzed, and (2) the person's
9findings as to the contents, weight and identity of the
10substance, and (3) that it contains any amount of a controlled
11substance or cannabis is prima facie evidence of the contents,
12identity and weight of the substance. Attached to the report
13shall be a copy of a notarized statement by the signer of the
14report giving the name of the signer and stating (i) that he or
15she is an employee of the Illinois Department of State Police,
16Division of Forensic Services, (ii) the name and location of
17the laboratory where the analysis was performed, (iii) that
18performing the analysis is a part of his or her regular duties,
19and (iv) that the signer is qualified by education, training
20and experience to perform the analysis. The signer shall also
21allege that scientifically accepted tests were performed with
22due caution and that the evidence was handled in accordance
23with established and accepted procedures while in the custody
24of the laboratory.
25    (a-5) In any criminal prosecution for reckless homicide
26under Section 9-3 of the Criminal Code of 1961 or the Criminal

 

 

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1Code of 2012, or driving under the influence of alcohol, other
2drug, or combination of both, in violation of Section 11-501
3of the Illinois Vehicle Code or in any civil action held under
4a statutory summary suspension or revocation hearing under
5Section 2-118.1 of the Illinois Vehicle Code, a laboratory
6report from the Illinois Department of State Police, Division
7of Forensic Services, that is signed and sworn to by the person
8performing an analysis, and that states that the sample of
9blood, other bodily substance, or urine was tested for alcohol
10or drugs, and contains the person's findings as to the
11presence and amount of alcohol or drugs and type of drug is
12prima facie evidence of the presence, content, and amount of
13the alcohol or drugs analyzed in the blood, other bodily
14substance, or urine. Attached to the report must be a copy of a
15notarized statement by the signer of the report giving the
16name of the signer and stating (1) that he or she is an
17employee of the Illinois Department of State Police, Division
18of Forensic Services, (2) the name and location of the
19laboratory where the analysis was performed, (3) that
20performing the analysis is a part of his or her regular duties,
21(4) that the signer is qualified by education, training, and
22experience to perform the analysis, and (5) that
23scientifically accepted tests were performed with due caution
24and that the evidence was handled in accordance with
25established and accepted procedures while in the custody of
26the laboratory.

 

 

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1    (b) The State's Attorney shall serve a copy of the report
2on the attorney of record for the accused, or on the accused if
3he or she has no attorney, before any proceeding in which the
4report is to be used against the accused other than at a
5preliminary hearing or grand jury hearing when the report may
6be used without having been previously served upon the
7accused.
8    (c) The report shall not be prima facie evidence if the
9accused or his or her attorney demands the testimony of the
10person signing the report by serving the demand upon the
11State's Attorney within 7 days from the accused or his or her
12attorney's receipt of the report.
13(Source: P.A. 99-697, eff. 7-29-16.)
 
14    (725 ILCS 5/116-3)
15    Sec. 116-3. Motion for fingerprint, Integrated Ballistic
16Identification System, or forensic testing not available at
17trial or guilty plea regarding actual innocence.
18    (a) A defendant may make a motion before the trial court
19that entered the judgment of conviction in his or her case for
20the performance of fingerprint, Integrated Ballistic
21Identification System, or forensic DNA testing, including
22comparison analysis of genetic marker groupings of the
23evidence collected by criminal justice agencies pursuant to
24the alleged offense, to those of the defendant, to those of
25other forensic evidence, and to those maintained under

 

 

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1subsection (f) of Section 5-4-3 of the Unified Code of
2Corrections, on evidence that was secured in relation to the
3trial or guilty plea which resulted in his or her conviction,
4and:
5        (1) was not subject to the testing which is now
6    requested at the time of trial; or
7        (2) although previously subjected to testing, can be
8    subjected to additional testing utilizing a method that
9    was not scientifically available at the time of trial that
10    provides a reasonable likelihood of more probative
11    results.
12    Reasonable notice of the motion shall be served upon the
13State.
14    (b) The defendant must present a prima facie case that:
15        (1) identity was the issue in the trial or guilty plea
16    which resulted in his or her conviction; and
17        (2) the evidence to be tested has been subject to a
18    chain of custody sufficient to establish that it has not
19    been substituted, tampered with, replaced, or altered in
20    any material aspect.
21    (c) The trial court shall allow the testing under
22reasonable conditions designed to protect the State's
23interests in the integrity of the evidence and the testing
24process upon a determination that:
25        (1) the result of the testing has the scientific
26    potential to produce new, noncumulative evidence (i)

 

 

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1    materially relevant to the defendant's assertion of actual
2    innocence when the defendant's conviction was the result
3    of a trial, even though the results may not completely
4    exonerate the defendant, or (ii) that would raise a
5    reasonable probability that the defendant would have been
6    acquitted if the results of the evidence to be tested had
7    been available prior to the defendant's guilty plea and
8    the petitioner had proceeded to trial instead of pleading
9    guilty, even though the results may not completely
10    exonerate the defendant; and
11        (2) the testing requested employs a scientific method
12    generally accepted within the relevant scientific
13    community.
14    (d) If evidence previously tested pursuant to this Section
15reveals an unknown fingerprint from the crime scene that does
16not match the defendant or the victim, the order of the Court
17shall direct the prosecuting authority to request the Illinois
18State Police Bureau of Forensic Science to submit the unknown
19fingerprint evidence into the FBI's Integrated Automated
20Fingerprint Identification System (AIFIS) for identification.
21    (e) In the court's order to allow testing, the court shall
22order the investigating authority to prepare an inventory of
23the evidence related to the case and issue a copy of the
24inventory to the prosecution, the petitioner, and the court.
25    (f) When a motion is filed to vacate based on favorable
26post-conviction testing results, the State may, upon request,

 

 

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1reactivate victim services for the victim of the crime during
2the pendency of the proceedings, and, as determined by the
3court after consultation with the victim or victim advocate,
4or both, following final adjudication of the case.
5(Source: P.A. 98-948, eff. 8-15-14.)
 
6    (725 ILCS 5/116-4)
7    Sec. 116-4. Preservation of evidence for forensic testing.
8    (a) Before or after the trial in a prosecution for a
9violation of Section 11-1.20, 11-1.30, 11-1.40, 11-1.50,
1011-1.60, 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the
11Criminal Code of 1961 or the Criminal Code of 2012 or in a
12prosecution for an offense defined in Article 9 of that Code,
13or in a prosecution for an attempt in violation of Section 8-4
14of that Code of any of the above-enumerated offenses, unless
15otherwise provided herein under subsection (b) or (c), a law
16enforcement agency or an agent acting on behalf of the law
17enforcement agency shall preserve, subject to a continuous
18chain of custody, any physical evidence in their possession or
19control that is reasonably likely to contain forensic
20evidence, including, but not limited to, fingerprints or
21biological material secured in relation to a trial and with
22sufficient documentation to locate that evidence.
23    (b) After a judgment of conviction is entered, the
24evidence shall either be impounded with the Clerk of the
25Circuit Court or shall be securely retained by a law

 

 

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1enforcement agency. Retention shall be permanent in cases
2where a sentence of death is imposed. Retention shall be until
3the completion of the sentence, including the period of
4mandatory supervised release for the offense, or January 1,
52006, whichever is later, for any conviction for an offense or
6an attempt of an offense defined in Article 9 of the Criminal
7Code of 1961 or the Criminal Code of 2012 or in Section
811-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
912-14.1, 12-15, or 12-16 of the Criminal Code of 1961 or the
10Criminal Code of 2012 or for 7 years following any conviction
11for any other felony for which the defendant's genetic profile
12may be taken by a law enforcement agency and submitted for
13comparison in a forensic DNA database for unsolved offenses.
14    (c) After a judgment of conviction is entered, the law
15enforcement agency required to retain evidence described in
16subsection (a) may petition the court with notice to the
17defendant or, in cases where the defendant has died, his
18estate, his attorney of record, or an attorney appointed for
19that purpose by the court for entry of an order allowing it to
20dispose of evidence if, after a hearing, the court determines
21by a preponderance of the evidence that:
22        (1) it has no significant value for forensic science
23    analysis and should be returned to its rightful owner,
24    destroyed, used for training purposes, or as otherwise
25    provided by law; or
26        (2) it has no significant value for forensic science

 

 

HB3655- 2052 -LRB102 16922 WGH 22334 b

1    analysis and is of a size, bulk, or physical character not
2    usually retained by the law enforcement agency and cannot
3    practicably be retained by the law enforcement agency; or
4        (3) there no longer exists a reasonable basis to
5    require the preservation of the evidence because of the
6    death of the defendant; however, this paragraph (3) does
7    not apply if a sentence of death was imposed.
8    (d) The court may order the disposition of the evidence if
9the defendant is allowed the opportunity to take reasonable
10measures to remove or preserve portions of the evidence in
11question for future testing.
12    (d-5) Any order allowing the disposition of evidence
13pursuant to subsection (c) or (d) shall be a final and
14appealable order. No evidence shall be disposed of until 30
15days after the order is entered, and if a notice of appeal is
16filed, no evidence shall be disposed of until the mandate has
17been received by the circuit court from the appellate court.
18    (d-10) All records documenting the possession, control,
19storage, and destruction of evidence and all police reports,
20evidence control or inventory records, and other reports cited
21in this Section, including computer records, must be retained
22for as long as the evidence exists and may not be disposed of
23without the approval of the Local Records Commission.
24    (e) In this Section, "law enforcement agency" includes any
25of the following or an agent acting on behalf of any of the
26following: a municipal police department, county sheriff's

 

 

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1office, any prosecuting authority, the Illinois Department of
2State Police, or any other State, university, county, federal,
3or municipal police unit or police force.
4    "Biological material" includes, but is not limited to, any
5blood, hair, saliva, or semen from which genetic marker
6groupings may be obtained.
7(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13.)
 
8    (725 ILCS 5/116-5)
9    Sec. 116-5. Motion for DNA database search (genetic marker
10groupings comparison analysis).
11    (a) Upon motion by a defendant charged with any offense
12where DNA evidence may be material to the defense
13investigation or relevant at trial, a court may order a DNA
14database search by the Illinois Department of State Police.
15Such analysis may include comparing:
16        (1) the genetic profile from forensic evidence that
17    was secured in relation to the trial against the genetic
18    profile of the defendant,
19        (2) the genetic profile of items of forensic evidence
20    secured in relation to trial to the genetic profile of
21    other forensic evidence secured in relation to trial, or
22        (3) the genetic profiles referred to in subdivisions
23    (1) and (2) against:
24            (i) genetic profiles of offenders maintained under
25        subsection (f) of Section 5-4-3 of the Unified Code of

 

 

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1        Corrections, or
2            (ii) genetic profiles, including but not limited
3        to, profiles from unsolved crimes maintained in state
4        or local DNA databases by law enforcement agencies.
5    (b) If appropriate federal criteria are met, the court may
6order the Illinois Department of State Police to request the
7National DNA index system to search its database of genetic
8profiles.
9    (c) If requested by the defense, a defense representative
10shall be allowed to view any genetic marker grouping analysis
11conducted by the Illinois Department of State Police. The
12defense shall be provided with copies of all documentation,
13correspondence, including digital correspondence, notes,
14memoranda, and reports generated in relation to the analysis.
15    (d) Reasonable notice of the motion shall be served upon
16the State.
17(Source: P.A. 93-605, eff. 11-19-03.)
 
18    (725 ILCS 5/124B-605)
19    Sec. 124B-605. Distribution of property and sale proceeds.
20    (a) All moneys and the sale proceeds of all other property
21forfeited and seized under this Part 600 shall be distributed
22as follows:
23        (1) 50% shall be distributed to the unit of local
24    government whose officers or employees conducted the
25    investigation into computer fraud and caused the arrest or

 

 

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1    arrests and prosecution leading to the forfeiture. Amounts
2    distributed to units of local government shall be used for
3    training or enforcement purposes relating to detection,
4    investigation, or prosecution of financial crimes,
5    including computer fraud. If, however, the investigation,
6    arrest or arrests, and prosecution leading to the
7    forfeiture were undertaken solely by a State agency, the
8    portion provided under this paragraph (1) shall be paid
9    into the State Police Services Fund of the Illinois
10    Department of State Police to be used for training or
11    enforcement purposes relating to detection, investigation,
12    or prosecution of financial crimes, including computer
13    fraud.
14        (2) 50% shall be distributed to the county in which
15    the prosecution and petition for forfeiture resulting in
16    the forfeiture was instituted by the State's Attorney and
17    shall be deposited into a special fund in the county
18    treasury and appropriated to the State's Attorney for use
19    in training or enforcement purposes relating to detection,
20    investigation, or prosecution of financial crimes,
21    including computer fraud. If a prosecution and petition
22    for forfeiture resulting in the forfeiture has been
23    maintained by the Attorney General, 50% of the proceeds
24    shall be paid into the Attorney General's Financial Crime
25    Prevention Fund. If the Attorney General and the State's
26    Attorney have participated jointly in any part of the

 

 

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1    proceedings, 25% of the proceeds forfeited shall be paid
2    to the county in which the prosecution and petition for
3    forfeiture resulting in the forfeiture occurred, and 25%
4    shall be paid into the Attorney General's Financial Crime
5    Prevention Fund to be used for the purposes stated in this
6    paragraph (2).
7    (b) Before any distribution under subsection (a), the
8Attorney General or State's Attorney shall retain from the
9forfeited moneys or sale proceeds, or both, sufficient moneys
10to cover expenses related to the administration and sale of
11the forfeited property.
12(Source: P.A. 96-712, eff. 1-1-10.)
 
13    (725 ILCS 5/124B-705)
14    Sec. 124B-705. Seizure and inventory of property subject
15to forfeiture. Property taken or detained under this Part
16shall not be subject to replevin, but is deemed to be in the
17custody of the Director of the Illinois State Police subject
18only to the order and judgments of the circuit court having
19jurisdiction over the forfeiture proceedings and the decisions
20of the Attorney General or State's Attorney under this
21Article. When property is seized under this Article, the
22seizing agency shall promptly conduct an inventory of the
23seized property and estimate the property's value and shall
24forward a copy of the estimate of the property's value to the
25Director of the Illinois State Police. Upon receiving the

 

 

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1notice of seizure, the Director may do any of the following:
2        (1) Place the property under seal.
3        (2) Remove the property to a place designated by the
4    Director.
5        (3) Keep the property in the possession of the seizing
6    agency.
7        (4) Remove the property to a storage area for
8    safekeeping or, if the property is a negotiable instrument
9    or money and is not needed for evidentiary purposes,
10    deposit it in an interest bearing account.
11        (5) Place the property under constructive seizure by
12    posting notice of the pending forfeiture on it, by giving
13    notice of the pending forfeiture to its owners and
14    interest holders, or by filing a notice of the pending
15    forfeiture in any appropriate public record relating to
16    the property.
17        (6) Provide for another agency or custodian, including
18    an owner, secured party, or lienholder, to take custody of
19    the property on terms and conditions set by the Director.
20(Source: P.A. 96-712, eff. 1-1-10.)
 
21    (725 ILCS 5/124B-710)
22    Sec. 124B-710. Sale of forfeited property by Director of
23the Illinois State Police.
24    (a) The court shall authorize the Director of the Illinois
25State Police to seize any property declared forfeited under

 

 

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1this Article on terms and conditions the court deems proper.
2    (b) When property is forfeited under this Part 700, the
3Director of the Illinois State Police shall sell the property
4unless the property is required by law to be destroyed or is
5harmful to the public. The Director shall distribute the
6proceeds of the sale, together with any moneys forfeited or
7seized, in accordance with Section 124B-715.
8    (c) (Blank).
9(Source: P.A. 100-512, eff. 7-1-18.)
 
10    (725 ILCS 5/124B-930)
11    Sec. 124B-930. Disposal of property.
12    (a) Real property taken or detained under this Part is not
13subject to replevin, but is deemed to be in the custody of the
14Director of the Illinois State Police subject only to the
15order and judgments of the circuit court having jurisdiction
16over the forfeiture proceedings and the decisions of the
17State's Attorney or Attorney General under this Article.
18    (b) When property is forfeited under this Article, the
19Director of the Illinois State Police shall sell all such
20property and shall distribute the proceeds of the sale,
21together with any moneys forfeited or seized, in accordance
22with Section 124B-935.
23(Source: P.A. 96-712, eff. 1-1-10.)
 
24    (725 ILCS 5/124B-935)

 

 

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1    Sec. 124B-935. Distribution of property and sale proceeds.
2All moneys and the sale proceeds of all other property
3forfeited and seized under this Part 900 shall be distributed
4as follows:
5        (1) 65% shall be distributed to the local, municipal,
6    county, or State law enforcement agency or agencies that
7    conducted or participated in the investigation resulting
8    in the forfeiture. The distribution shall bear a
9    reasonable relationship to the degree of direct
10    participation of the law enforcement agency in the effort
11    resulting in the forfeiture, taking into account the total
12    value of the property forfeited and the total law
13    enforcement effort with respect to the violation of the
14    law upon which the forfeiture is based.
15        (2) 12.5% shall be distributed to the Office of the
16    State's Attorney of the county in which the prosecution
17    resulting in the forfeiture was instituted for use in the
18    enforcement of laws, including laws governing animal
19    fighting.
20        (3) 12.5% shall be distributed to the Illinois
21    Department of Agriculture for reimbursement of expenses
22    incurred in the investigation, prosecution, and appeal of
23    cases arising under laws governing animal fighting.
24        (4) 10% shall be retained by the Illinois Department
25    of State Police for expenses related to the administration
26    and sale of seized and forfeited property.

 

 

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1(Source: P.A. 96-712, eff. 1-1-10.)
 
2    Section 1025. The Drug Asset Forfeiture Procedure Act is
3amended by changing Sections 3.1, 3.3, 4, 5.1, 6, 11, 13.1, and
413.2 as follows:
 
5    (725 ILCS 150/3.1)
6    Sec. 3.1. Seizure.
7    (a) Actual physical seizure of real property subject to
8forfeiture under this Act requires the issuance of a seizure
9warrant. Nothing in this Section prohibits the constructive
10seizure of real property through the filing of a complaint for
11forfeiture in circuit court and the recording of a lis pendens
12against the real property without a hearing, warrant
13application, or judicial approval.
14    (b) Personal property subject to forfeiture under the
15Illinois Controlled Substances Act, the Cannabis Control Act,
16the Illinois Food, Drug and Cosmetic Act, or the
17Methamphetamine Control and Community Protection Act may be
18seized by the Director of the Illinois State Police or any
19peace officer upon process or seizure warrant issued by any
20court having jurisdiction over the property.
21    (c) Personal property subject to forfeiture under the
22Illinois Controlled Substances Act, the Cannabis Control Act,
23the Illinois Food, Drug and Cosmetic Act, or the
24Methamphetamine Control and Community Protection Act may be

 

 

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1seized by the Director of the Illinois State Police or any
2peace officer without process:
3        (1) if the seizure is incident to inspection under an
4    administrative inspection warrant;
5        (2) if the property subject to seizure has been the
6    subject of a prior judgment in favor of the State in a
7    criminal proceeding or in an injunction or forfeiture
8    proceeding based upon this Act;
9        (3) if there is probable cause to believe that the
10    property is directly or indirectly dangerous to health or
11    safety;
12        (4) if there is probable cause to believe that the
13    property is subject to forfeiture under the Illinois
14    Controlled Substances Act, the Cannabis Control Act, the
15    Illinois Food, Drug and Cosmetic Act, or the
16    Methamphetamine Control and Community Protection Act, and
17    the property is seized under circumstances in which a
18    warrantless seizure or arrest would be reasonable; or
19        (5) under the Code of Criminal Procedure of 1963.
20    (d) If a conveyance is seized under this Act, an
21investigation shall be made by the law enforcement agency as
22to any person whose right, title, interest, or lien is of
23record in the office of the agency or official in which title
24to or interest in the conveyance is required by law to be
25recorded.
26    (e) After seizure under this Section, notice shall be

 

 

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1given to all known interest holders that forfeiture
2proceedings, including a preliminary review, may be instituted
3and the proceedings may be instituted under this Act. Upon a
4showing of good cause related to an ongoing investigation, the
5notice required for a preliminary review under this Section
6may be postponed.
7(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
 
8    (725 ILCS 150/3.3)
9    Sec. 3.3. Safekeeping of seized property pending
10disposition.
11    (a) Property seized under this Act is deemed to be in the
12custody of the Director of the Illinois State Police, subject
13only to the order and judgments of the circuit court having
14jurisdiction over the forfeiture proceedings and the decisions
15of the State's Attorney under this Act.
16    (b) If property is seized under this Act, the seizing
17agency shall promptly conduct an inventory of the seized
18property and estimate the property's value and shall forward a
19copy of the inventory of seized property and the estimate of
20the property's value to the Director of the Illinois State
21Police. Upon receiving notice of seizure, the Director of the
22Illinois State Police may:
23        (1) place the property under seal;
24        (2) remove the property to a place designated by the
25    seizing agency;

 

 

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1        (3) keep the property in the possession of the
2    Director of the Illinois State Police;
3        (4) remove the property to a storage area for
4    safekeeping;
5        (5) place the property under constructive seizure by
6    posting notice of pending forfeiture on it, by giving
7    notice of pending forfeiture to its owners and interest
8    holders, or by filing notice of pending forfeiture in any
9    appropriate public record relating to the property; or
10        (6) provide for another agency or custodian, including
11    an owner, secured party, or lienholder, to take custody of
12    the property upon the terms and conditions set by the
13    seizing agency.
14    (c) The seizing agency is required to exercise ordinary
15care to protect the seized property from negligent loss,
16damage, or destruction.
17(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18;
18100-1163, eff. 12-20-18.)
 
19    (725 ILCS 150/4)  (from Ch. 56 1/2, par. 1674)
20    Sec. 4. Notice to owner or interest holder. The first
21attempted service of notice shall be commenced within 28 days
22of the filing of the verified claim or the receipt of the
23notice from the seizing agency by Illinois State Police
24Notice/Inventory of Seized Property (Form 4-64), whichever
25occurs sooner. A complaint for forfeiture or a notice of

 

 

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1pending forfeiture shall be served upon the property owner or
2interest holder in the following manner:
3        (1) If the owner's or interest holder's name and
4    current address are known, then by either:
5            (A) personal service; or
6            (B) mailing a copy of the notice by certified
7        mail, return receipt requested, and first class mail
8        to that address.
9                (i) If notice is sent by certified mail and no
10            signed return receipt is received by the State's
11            Attorney within 28 days of mailing, and no
12            communication from the owner or interest holder is
13            received by the State's Attorney documenting
14            actual notice by said parties, then the State's
15            Attorney shall, within a reasonable period of
16            time, mail a second copy of the notice by
17            certified mail, return receipt requested, and
18            first class mail to that address.
19                (ii) If no signed return receipt is received
20            by the State's Attorney within 28 days of the
21            second attempt at service by certified mail, and
22            no communication from the owner or interest holder
23            is received by the State's Attorney documenting
24            actual notice by said parties, then the State's
25            Attorney shall have 60 days to attempt to serve
26            the notice by personal service, which also

 

 

HB3655- 2065 -LRB102 16922 WGH 22334 b

1            includes substitute service by leaving a copy at
2            the usual place of abode, with some person of the
3            family or a person residing there, of the age of 13
4            years or upwards. If, after 3 attempts at service
5            in this manner, no service of the notice is
6            accomplished, then the notice shall be posted in a
7            conspicuous manner at this address and service
8            shall be made by posting.
9                The attempts at service and the posting, if
10            required, shall be documented by the person
11            attempting service and said documentation shall be
12            made part of a return of service returned to the
13            State's Attorney.
14                The State's Attorney may utilize any Sheriff
15            or Deputy Sheriff, any peace officer, a private
16            process server or investigator, or any employee,
17            agent, or investigator of the State's Attorney's
18            Office to attempt service without seeking leave of
19            court.
20                After the procedures set forth are followed,
21            service shall be effective on an owner or interest
22            holder on the date of receipt by the State's
23            Attorney of a return receipt, or on the date of
24            receipt of a communication from an owner or
25            interest holder documenting actual notice,
26            whichever is first in time, or on the date of the

 

 

HB3655- 2066 -LRB102 16922 WGH 22334 b

1            last act performed by the State's Attorney in
2            attempting personal service under subparagraph
3            (ii) above. If notice is to be shown by actual
4            notice from communication with a claimant, then
5            the State's Attorney shall file an affidavit
6            providing details of the communication, which may
7            be accepted as sufficient proof of service by the
8            court.
9                After a claimant files a verified claim with
10            the State's Attorney and provides an address at
11            which the claimant will accept service, the
12            complaint shall be served and notice shall be
13            perfected upon mailing of the complaint to the
14            claimant at the address the claimant provided via
15            certified mail, return receipt requested, and
16            first class mail. No return receipt need be
17            received, or any other attempts at service need be
18            made to comply with service and notice
19            requirements under this Act. This certified
20            mailing, return receipt requested, shall be proof
21            of service of the complaint on the claimant.
22                For purposes of notice under this Section, if
23            a person has been arrested for the conduct giving
24            rise to the forfeiture, then the address provided
25            to the arresting agency at the time of arrest
26            shall be deemed to be that person's known address.

 

 

HB3655- 2067 -LRB102 16922 WGH 22334 b

1            Provided, however, if an owner or interest
2            holder's address changes prior to the effective
3            date of the notice of pending forfeiture, the
4            owner or interest holder shall promptly notify the
5            seizing agency of the change in address or, if the
6            owner or interest holder's address changes
7            subsequent to the effective date of the notice of
8            pending forfeiture, the owner or interest holder
9            shall promptly notify the State's Attorney of the
10            change in address; or if the property seized is a
11            conveyance, to the address reflected in the office
12            of the agency or official in which title to or
13            interest in the conveyance is required by law to
14            be recorded.
15        (2) If the owner's or interest holder's address is not
16    known, and is not on record, then notice shall be served by
17    publication for 3 successive weeks in a newspaper of
18    general circulation in the county in which the seizure
19    occurred.
20        (3) After a claimant files a verified claim with the
21    State's Attorney and provides an address at which the
22    claimant will accept service, the complaint shall be
23    served and notice shall be perfected upon mailing of the
24    complaint to the claimant at the address the claimant
25    provided via certified mail, return receipt requested, and
26    first class mail. No return receipt need be received or

 

 

HB3655- 2068 -LRB102 16922 WGH 22334 b

1    any other attempts at service need be made to comply with
2    service and notice requirements under this Act. This
3    certified mailing, return receipt requested, shall be
4    proof of service of the complaint on the claimant.
5        (4) Notice to any business entity, corporation,
6    limited liability company, limited liability partnership,
7    or partnership shall be completed by a single mailing of a
8    copy of the notice by certified mail, return receipt
9    requested, and first class mail to that address. This
10    notice is complete regardless of the return of a signed
11    return receipt.
12        (5) Notice to a person whose address is not within the
13    State shall be completed by a single mailing of a copy of
14    the notice by certified mail, return receipt requested,
15    and first class mail to that address. This notice is
16    complete regardless of the return of a signed return
17    receipt.
18        (6) Notice to a person whose address is not within the
19    United States shall be completed by a single mailing of a
20    copy of the notice by certified mail, return receipt
21    requested, and first class mail to that address. This
22    notice shall be complete regardless of the return of a
23    signed return receipt. If certified mail is not available
24    in the foreign country where the person has an address,
25    then notice shall proceed by publication under paragraph
26    (2) of this Section.

 

 

HB3655- 2069 -LRB102 16922 WGH 22334 b

1        (7) Notice to any person whom the State's Attorney
2    reasonably should know is incarcerated within the State
3    shall also include the mailing a copy of the notice by
4    certified mail, return receipt requested, and first class
5    mail to the address of the detention facility with the
6    inmate's name clearly marked on the envelope.
7(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18;
8100-1163, eff. 12-20-18.)
 
9    (725 ILCS 150/5.1)
10    Sec. 5.1. Replevin prohibited; return of personal property
11inside seized conveyance.
12    (a) Property seized under this Act shall not be subject to
13replevin, but is deemed to be in the custody of the Director of
14the Illinois State Police, subject only to the order and
15judgments of the circuit court having jurisdiction over the
16forfeiture proceedings and the decisions of the State's
17Attorney.
18    (b) A claimant or a party interested in personal property
19contained within a seized conveyance may file a request with
20the State's Attorney in an administrative forfeiture action,
21or a motion with the court in a judicial forfeiture action, for
22the return of any personal property contained within a
23conveyance seized under this Act. The return of personal
24property shall not be unreasonably withheld if the personal
25property is not mechanically or electrically coupled to the

 

 

HB3655- 2070 -LRB102 16922 WGH 22334 b

1conveyance, needed for evidentiary purposes, or otherwise
2contraband. A law enforcement agency that returns property
3under a court order under this Section shall not be liable to
4any person who claims ownership to the property if the
5property is returned to an improper party.
6(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
 
7    (725 ILCS 150/6)  (from Ch. 56 1/2, par. 1676)
8    Sec. 6. Non-judicial forfeiture. If non-real property that
9exceeds $150,000 in value excluding the value of any
10conveyance, or if real property is seized under the provisions
11of the Illinois Controlled Substances Act, the Cannabis
12Control Act, or the Methamphetamine Control and Community
13Protection Act, the State's Attorney shall institute judicial
14in rem forfeiture proceedings as described in Section 9 of
15this Act within 28 days from receipt of notice of seizure from
16the seizing agency under Section 5 of this Act. However, if
17non-real property that does not exceed $150,000 in value
18excluding the value of any conveyance is seized, the following
19procedure shall be used:
20        (A) If, after review of the facts surrounding the
21    seizure, the State's Attorney is of the opinion that the
22    seized property is subject to forfeiture, then, within 28
23    days of the receipt of notice of seizure from the seizing
24    agency, the State's Attorney shall cause notice of pending
25    forfeiture to be given to the owner of the property and all

 

 

HB3655- 2071 -LRB102 16922 WGH 22334 b

1    known interest holders of the property in accordance with
2    Section 4 of this Act.
3        (B) The notice of pending forfeiture must include a
4    description of the property, the estimated value of the
5    property, the date and place of seizure, the conduct
6    giving rise to forfeiture or the violation of law alleged,
7    and a summary of procedures and procedural rights
8    applicable to the forfeiture action.
9         (C)(1) Any person claiming an interest in property
10    which is the subject of notice under subsection (A) of
11    this Section may, within 45 days after the effective date
12    of notice as described in Section 4 of this Act, file a
13    verified claim with the State's Attorney expressing his or
14    her interest in the property. The claim must set forth:
15            (i) the caption of the proceedings as set forth on
16        the notice of pending forfeiture and the name of the
17        claimant;
18            (ii) the address at which the claimant will accept
19        mail;
20            (iii) the nature and extent of the claimant's
21        interest in the property;
22            (iv) the date, identity of the transferor, and
23        circumstances of the claimant's acquisition of the
24        interest in the property;
25            (v) the names and addresses of all other persons
26        known to have an interest in the property;

 

 

HB3655- 2072 -LRB102 16922 WGH 22334 b

1            (vi) the specific provision of law relied on in
2        asserting the property is not subject to forfeiture;
3            (vii) all essential facts supporting each
4        assertion; and
5            (viii) the relief sought.
6        (2) If a claimant files the claim then the State's
7    Attorney shall institute judicial in rem forfeiture
8    proceedings within 28 days after receipt of the claim.
9        (D) If no claim is filed within the 45-day period as
10    described in subsection (C) of this Section, the State's
11    Attorney shall declare the property forfeited and shall
12    promptly notify the owner and all known interest holders
13    of the property and the Director of the Illinois
14    Department of State Police of the declaration of
15    forfeiture and the Director shall dispose of the property
16    in accordance with law.
17(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18;
18100-1163, eff. 12-20-18.)
 
19    (725 ILCS 150/11)  (from Ch. 56 1/2, par. 1681)
20    Sec. 11. Settlement of claims. Notwithstanding other
21provisions of this Act, the State's Attorney and a claimant of
22seized property may enter into an agreed-upon settlement
23concerning the seized property in such an amount and upon such
24terms as are set out in writing in a settlement agreement. All
25proceeds from a settlement agreement shall be tendered to the

 

 

HB3655- 2073 -LRB102 16922 WGH 22334 b

1Illinois Department of State Police and distributed in
2accordance with the provisions of Section 13.2 of this Act.
3(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
 
4    (725 ILCS 150/13.1)   (was 725 ILCS 150/15)
5    Sec. 13.1. Return of property, damages, and costs.
6    (a) The law enforcement agency that holds custody of
7property seized for forfeiture shall deliver property ordered
8by the court to be returned or conveyed to the claimant within
9a reasonable time not to exceed 7 days, unless the order is
10stayed by the trial court or a reviewing court pending an
11appeal, motion to reconsider, or other reason.
12    (b) The law enforcement agency that holds custody of
13property described in subsection (a) of this Section is
14responsible for any damages, storage fees, and related costs
15applicable to property returned. The claimant shall not be
16subject to any charges by the State for storage of the property
17or expenses incurred in the preservation of the property.
18Charges for the towing of a conveyance shall be borne by the
19claimant unless the conveyance was towed for the sole reason
20of seizure for forfeiture. This Section does not prohibit the
21imposition of any fees or costs by a home rule unit of local
22government related to the impoundment of a conveyance pursuant
23to an ordinance enacted by the unit of government.
24    (c) A law enforcement agency shall not retain forfeited
25property for its own use or transfer the property to any person

 

 

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1or entity, except as provided under this Section. A law
2enforcement agency may apply in writing to the Director of the
3Illinois State Police to request that forfeited property be
4awarded to the agency for a specifically articulated official
5law enforcement use in an investigation. The Director of the
6Illinois State Police shall provide a written justification in
7each instance detailing the reasons why the forfeited property
8was placed into official use and the justification shall be
9retained for a period of not less than 3 years.
10(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18.)
 
11    (725 ILCS 150/13.2)  (was 725 ILCS 150/17)
12    Sec. 13.2. Distribution of proceeds; selling or retaining
13seized property prohibited.
14    (a) Except as otherwise provided in this Section, the
15court shall order that property forfeited under this Act be
16delivered to the Illinois Department of State Police within 60
17days.
18    (b) All moneys and the sale proceeds of all other property
19forfeited and seized under this Act shall be distributed as
20follows:
21        (1)(i) 65% shall be distributed to the metropolitan
22    enforcement group, local, municipal, county, or State law
23    enforcement agency or agencies that conducted or
24    participated in the investigation resulting in the
25    forfeiture. The distribution shall bear a reasonable

 

 

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1    relationship to the degree of direct participation of the
2    law enforcement agency in the effort resulting in the
3    forfeiture, taking into account the total value of the
4    property forfeited and the total law enforcement effort
5    with respect to the violation of the law upon which the
6    forfeiture is based. Amounts distributed to the agency or
7    agencies shall be used for the enforcement of laws
8    governing cannabis and controlled substances; for public
9    education in the community or schools in the prevention or
10    detection of the abuse of drugs or alcohol; or for
11    security cameras used for the prevention or detection of
12    violence, except that amounts distributed to the Secretary
13    of State shall be deposited into the Secretary of State
14    Evidence Fund to be used as provided in Section 2-115 of
15    the Illinois Vehicle Code.
16        (ii) Any local, municipal, or county law enforcement
17    agency entitled to receive a monetary distribution of
18    forfeiture proceeds may share those forfeiture proceeds
19    pursuant to the terms of an intergovernmental agreement
20    with a municipality that has a population in excess of
21    20,000 if:
22            (A) the receiving agency has entered into an
23        intergovernmental agreement with the municipality to
24        provide police services;
25            (B) the intergovernmental agreement for police
26        services provides for consideration in an amount of

 

 

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1        not less than $1,000,000 per year;
2            (C) the seizure took place within the geographical
3        limits of the municipality; and
4            (D) the funds are used only for the enforcement of
5        laws governing cannabis and controlled substances; for
6        public education in the community or schools in the
7        prevention or detection of the abuse of drugs or
8        alcohol; or for security cameras used for the
9        prevention or detection of violence or the
10        establishment of a municipal police force, including
11        the training of officers, construction of a police
12        station, or the purchase of law enforcement equipment
13        or vehicles.
14        (2)(i) 12.5% shall be distributed to the Office of the
15    State's Attorney of the county in which the prosecution
16    resulting in the forfeiture was instituted, deposited in a
17    special fund in the county treasury and appropriated to
18    the State's Attorney for use in the enforcement of laws
19    governing cannabis and controlled substances; for public
20    education in the community or schools in the prevention or
21    detection of the abuse of drugs or alcohol; or, at the
22    discretion of the State's Attorney, in addition to other
23    authorized purposes, to make grants to local substance
24    abuse treatment facilities and half-way houses. In
25    counties over 3,000,000 population, 25% shall be
26    distributed to the Office of the State's Attorney for use

 

 

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1    in the enforcement of laws governing cannabis and
2    controlled substances; for public education in the
3    community or schools in the prevention or detection of the
4    abuse of drugs or alcohol; or at the discretion of the
5    State's Attorney, in addition to other authorized
6    purposes, to make grants to local substance abuse
7    treatment facilities and half-way houses. If the
8    prosecution is undertaken solely by the Attorney General,
9    the portion provided shall be distributed to the Attorney
10    General for use in the enforcement of laws governing
11    cannabis and controlled substances or for public education
12    in the community or schools in the prevention or detection
13    of the abuse of drugs or alcohol.
14        (ii) 12.5% shall be distributed to the Office of the
15    State's Attorneys Appellate Prosecutor and deposited in
16    the Narcotics Profit Forfeiture Fund of that office to be
17    used for additional expenses incurred in the
18    investigation, prosecution and appeal of cases arising
19    under laws governing cannabis and controlled substances,
20    together with administrative expenses, and for legal
21    education or for public education in the community or
22    schools in the prevention or detection of the abuse of
23    drugs or alcohol. The Office of the State's Attorneys
24    Appellate Prosecutor shall not receive distribution from
25    cases brought in counties with over 3,000,000 population.
26        (3) 10% shall be retained by the Illinois Department

 

 

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1    of State Police for expenses related to the administration
2    and sale of seized and forfeited property.
3(Source: P.A. 100-512, eff. 7-1-18; 100-699, eff. 8-3-18;
4101-10, eff. 6-5-19.)
 
5    Section 1030. The Narcotics Profit Forfeiture Act is
6amended by changing Sections 5 and 5.2 as follows:
 
7    (725 ILCS 175/5)  (from Ch. 56 1/2, par. 1655)
8    Sec. 5. (a) A person who commits the offense of narcotics
9racketeering shall:
10        (1) be guilty of a Class 1 felony; and
11        (2) be subject to a fine of up to $250,000.
12    A person who commits the offense of narcotics racketeering
13or who violates Section 3 of the Drug Paraphernalia Control
14Act shall forfeit to the State of Illinois: (A) any profits or
15proceeds and any property or property interest he has acquired
16or maintained in violation of this Act or Section 3 of the Drug
17Paraphernalia Control Act or has used to facilitate a
18violation of this Act that the court determines, after a
19forfeiture hearing, under subsection (b) of this Section to
20have been acquired or maintained as a result of narcotics
21racketeering or violating Section 3 of the Drug Paraphernalia
22Control Act, or used to facilitate narcotics racketeering; and
23(B) any interest in, security of, claim against, or property
24or contractual right of any kind affording a source of

 

 

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1influence over, any enterprise which he has established,
2operated, controlled, conducted, or participated in the
3conduct of, in violation of this Act or Section 3 of the Drug
4Paraphernalia Control Act, that the court determines, after a
5forfeiture hearing, under subsection (b) of this Section to
6have been acquired or maintained as a result of narcotics
7racketeering or violating Section 3 of the Drug Paraphernalia
8Control Act or used to facilitate narcotics racketeering.
9    (b) The court shall, upon petition by the Attorney General
10or State's Attorney, at any time subsequent to the filing of an
11information or return of an indictment, conduct a hearing to
12determine whether any property or property interest is subject
13to forfeiture under this Act. At the forfeiture hearing the
14people shall have the burden of establishing, by a
15preponderance of the evidence, that property or property
16interests are subject to forfeiture under this Act. There is a
17rebuttable presumption at such hearing that any property or
18property interest of a person charged by information or
19indictment with narcotics racketeering or who is convicted of
20a violation of Section 3 of the Drug Paraphernalia Control Act
21is subject to forfeiture under this Section if the State
22establishes by a preponderance of the evidence that:
23        (1) such property or property interest was acquired by
24    such person during the period of the violation of this Act
25    or Section 3 of the Drug Paraphernalia Control Act or
26    within a reasonable time after such period; and

 

 

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1        (2) there was no likely source for such property or
2    property interest other than the violation of this Act or
3    Section 3 of the Drug Paraphernalia Control Act.
4    (c) In an action brought by the People of the State of
5Illinois under this Act, wherein any restraining order,
6injunction or prohibition or any other action in connection
7with any property or property interest subject to forfeiture
8under this Act is sought, the circuit court which shall
9preside over the trial of the person or persons charged with
10narcotics racketeering as defined in Section 4 of this Act or
11violating Section 3 of the Drug Paraphernalia Control Act
12shall first determine whether there is probable cause to
13believe that the person or persons so charged has committed
14the offense of narcotics racketeering as defined in Section 4
15of this Act or a violation of Section 3 of the Drug
16Paraphernalia Control Act and whether the property or property
17interest is subject to forfeiture pursuant to this Act.
18    In order to make such a determination, prior to entering
19any such order, the court shall conduct a hearing without a
20jury, wherein the People shall establish that there is: (i)
21probable cause that the person or persons so charged have
22committed the offense of narcotics racketeering or violating
23Section 3 of the Drug Paraphernalia Control Act and (ii)
24probable cause that any property or property interest may be
25subject to forfeiture pursuant to this Act. Such hearing may
26be conducted simultaneously with a preliminary hearing, if the

 

 

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1prosecution is commenced by information or complaint, or by
2motion of the People, at any stage in the proceedings. The
3court may accept a finding of probable cause at a preliminary
4hearing following the filing of an information charging the
5offense of narcotics racketeering as defined in Section 4 of
6this Act or the return of an indictment by a grand jury
7charging the offense of narcotics racketeering as defined in
8Section 4 of this Act or after a charge is filed for violating
9Section 3 of the Drug Paraphernalia Control Act as sufficient
10evidence of probable cause as provided in item (i) above.
11    Upon such a finding, the circuit court shall enter such
12restraining order, injunction or prohibition, or shall take
13such other action in connection with any such property or
14property interest subject to forfeiture under this Act, as is
15necessary to insure that such property is not removed from the
16jurisdiction of the court, concealed, destroyed or otherwise
17disposed of by the owner of that property or property interest
18prior to a forfeiture hearing under subsection (b) of this
19Section. The Attorney General or State's Attorney shall file a
20certified copy of such restraining order, injunction or other
21prohibition with the recorder of deeds or registrar of titles
22of each county where any such property of the defendant may be
23located. No such injunction, restraining order or other
24prohibition shall affect the rights of any bona fide
25purchaser, mortgagee, judgment creditor or other lien holder
26arising prior to the date of such filing.

 

 

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1    The court may, at any time, upon verified petition by the
2defendant, conduct a hearing to release all or portions of any
3such property or interest which the court previously
4determined to be subject to forfeiture or subject to any
5restraining order, injunction, or prohibition or other action.
6The court may release such property to the defendant for good
7cause shown and within the sound discretion of the court.
8    (d) Prosecution under this Act may be commenced by the
9Attorney General or a State's Attorney.
10    (e) Upon an order of forfeiture being entered pursuant to
11subsection (b) of this Section, the court shall authorize the
12Attorney General to seize any property or property interest
13declared forfeited under this Act and under such terms and
14conditions as the court shall deem proper. Any property or
15property interest that has been the subject of an entered
16restraining order, injunction or prohibition or any other
17action filed under subsection (c) shall be forfeited unless
18the claimant can show by a preponderance of the evidence that
19the property or property interest has not been acquired or
20maintained as a result of narcotics racketeering or has not
21been used to facilitate narcotics racketeering.
22    (f) The Attorney General or his designee is authorized to
23sell all property forfeited and seized pursuant to this Act,
24unless such property is required by law to be destroyed or is
25harmful to the public, and, after the deduction of all
26requisite expenses of administration and sale, shall

 

 

HB3655- 2083 -LRB102 16922 WGH 22334 b

1distribute the proceeds of such sale, along with any moneys
2forfeited or seized, in accordance with subsection (g) or (h),
3whichever is applicable.
4    (g) All monies and the sale proceeds of all other property
5forfeited and seized pursuant to this Act shall be distributed
6as follows:
7        (1) An amount equal to 50% shall be distributed to the
8    unit of local government whose officers or employees
9    conducted the investigation into narcotics racketeering
10    and caused the arrest or arrests and prosecution leading
11    to the forfeiture. Amounts distributed to units of local
12    government shall be used for enforcement of laws governing
13    narcotics activity or for public education in the
14    community or schools in the prevention or detection of the
15    abuse of drugs or alcohol. In the event, however, that the
16    investigation, arrest or arrests and prosecution leading
17    to the forfeiture were undertaken solely by a State
18    agency, the portion provided hereunder shall be paid into
19    the Drug Traffic Prevention Fund in the State treasury to
20    be used for enforcement of laws governing narcotics
21    activity.
22        (2) An amount equal to 12.5% shall be distributed to
23    the county in which the prosecution resulting in the
24    forfeiture was instituted, deposited in a special fund in
25    the county treasury and appropriated to the State's
26    Attorney for use in the enforcement of laws governing

 

 

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1    narcotics activity or for public education in the
2    community or schools in the prevention or detection of the
3    abuse of drugs or alcohol.
4        An amount equal to 12.5% shall be distributed to the
5    Office of the State's Attorneys Appellate Prosecutor and
6    deposited in the Narcotics Profit Forfeiture Fund, which
7    is hereby created in the State treasury, to be used by the
8    Office of the State's Attorneys Appellate Prosecutor for
9    additional expenses incurred in prosecuting appeals
10    arising under this Act. Any amounts remaining in the Fund
11    after all additional expenses have been paid shall be used
12    by the Office to reduce the participating county
13    contributions to the Office on a pro-rated basis as
14    determined by the board of governors of the Office of the
15    State's Attorneys Appellate Prosecutor based on the
16    populations of the participating counties.
17        (3) An amount equal to 25% shall be paid into the Drug
18    Traffic Prevention Fund in the State treasury to be used
19    by the Illinois Department of State Police for funding
20    Metropolitan Enforcement Groups created pursuant to the
21    Intergovernmental Drug Laws Enforcement Act. Any amounts
22    remaining in the Fund after full funding of Metropolitan
23    Enforcement Groups shall be used for enforcement, by the
24    State or any unit of local government, of laws governing
25    narcotics activity or for public education in the
26    community or schools in the prevention or detection of the

 

 

HB3655- 2085 -LRB102 16922 WGH 22334 b

1    abuse of drugs or alcohol.
2    (h) Where the investigation or indictment for the offense
3of narcotics racketeering or a violation of Section 3 of the
4Drug Paraphernalia Control Act has occurred under the
5provisions of the Statewide Grand Jury Act, all monies and the
6sale proceeds of all other property shall be distributed as
7follows:
8        (1) 60% shall be distributed to the metropolitan
9    enforcement group, local, municipal, county, or State law
10    enforcement agency or agencies which conducted or
11    participated in the investigation resulting in the
12    forfeiture. The distribution shall bear a reasonable
13    relationship to the degree of direct participation of the
14    law enforcement agency in the effort resulting in the
15    forfeiture, taking into account the total value of the
16    property forfeited and the total law enforcement effort
17    with respect to the violation of the law on which the
18    forfeiture is based. Amounts distributed to the agency or
19    agencies shall be used for the enforcement of laws
20    governing cannabis and controlled substances or for public
21    education in the community or schools in the prevention or
22    detection of the abuse of drugs or alcohol.
23        (2) 25% shall be distributed by the Attorney General
24    as grants to drug education, treatment and prevention
25    programs licensed or approved by the Department of Human
26    Services. In making these grants, the Attorney General

 

 

HB3655- 2086 -LRB102 16922 WGH 22334 b

1    shall take into account the plans and service priorities
2    of, and the needs identified by, the Department of Human
3    Services.
4        (3) 15% shall be distributed to the Attorney General
5    and the State's Attorney, if any, participating in the
6    prosecution resulting in the forfeiture. The distribution
7    shall bear a reasonable relationship to the degree of
8    direct participation in the prosecution of the offense,
9    taking into account the total value of the property
10    forfeited and the total amount of time spent in preparing
11    and presenting the case, the complexity of the case and
12    other similar factors. Amounts distributed to the Attorney
13    General under this paragraph shall be retained in a fund
14    held by the State Treasurer as ex-officio custodian to be
15    designated as the Statewide Grand Jury Prosecution Fund
16    and paid out upon the direction of the Attorney General
17    for expenses incurred in criminal prosecutions arising
18    under the Statewide Grand Jury Act. Amounts distributed to
19    a State's Attorney shall be deposited in a special fund in
20    the county treasury and appropriated to the State's
21    Attorney for use in the enforcement of laws governing
22    narcotics activity or for public education in the
23    community or schools in the prevention or detection of the
24    abuse of drugs or alcohol.
25    (i) All monies deposited pursuant to this Act in the Drug
26Traffic Prevention Fund established under Section 5-9-1.2 of

 

 

HB3655- 2087 -LRB102 16922 WGH 22334 b

1the Unified Code of Corrections are appropriated, on a
2continuing basis, to the Illinois Department of State Police
3to be used for funding Metropolitan Enforcement Groups created
4pursuant to the Intergovernmental Drug Laws Enforcement Act or
5otherwise for the enforcement of laws governing narcotics
6activity or for public education in the community or schools
7in the prevention or detection of the abuse of drugs or
8alcohol.
9(Source: P.A. 99-686, eff. 7-29-16.)
 
10    (725 ILCS 175/5.2)  (from Ch. 56 1/2, par. 1655.2)
11    Sec. 5.2. (a) Twelve and one-half percent of all amounts
12collected as fines pursuant to the provisions of this Act
13shall be paid into the Youth Drug Abuse Prevention Fund, which
14is hereby created in the State treasury, to be used by the
15Department of Human Services for the funding of programs and
16services for drug-abuse treatment, and prevention and
17education services, for juveniles.
18    (b) Eighty-seven and one-half percent of the proceeds of
19all fines received under the provisions of this Act shall be
20transmitted to and deposited in the treasurer's office at the
21level of government as follows:
22        (1) If such seizure was made by a combination of law
23    enforcement personnel representing differing units of
24    local government, the court levying the fine shall
25    equitably allocate 50% of the fine among these units of

 

 

HB3655- 2088 -LRB102 16922 WGH 22334 b

1    local government and shall allocate 37 1/2% to the county
2    general corporate fund. In the event that the seizure was
3    made by law enforcement personnel representing a unit of
4    local government from a municipality where the number of
5    inhabitants exceeds 2 million in population, the court
6    levying the fine shall allocate 87 1/2% of the fine to that
7    unit of local government. If the seizure was made by a
8    combination of law enforcement personnel representing
9    differing units of local government, and at least one of
10    those units represents a municipality where the number of
11    inhabitants exceeds 2 million in population, the court
12    shall equitably allocate 87 1/2% of the proceeds of the
13    fines received among the differing units of local
14    government.
15        (2) If such seizure was made by State law enforcement
16    personnel, then the court shall allocate 37 1/2% to the
17    State treasury and 50% to the county general corporate
18    fund.
19        (3) If a State law enforcement agency in combination
20    with a law enforcement agency or agencies of a unit or
21    units of local government conducted the seizure, the court
22    shall equitably allocate 37 1/2% of the fines to or among
23    the law enforcement agency or agencies of the unit or
24    units of local government which conducted the seizure and
25    shall allocate 50% to the county general corporate fund.
26    (c) The proceeds of all fines allocated to the law

 

 

HB3655- 2089 -LRB102 16922 WGH 22334 b

1enforcement agency or agencies of the unit or units of local
2government pursuant to subsection (b) shall be made available
3to that law enforcement agency as expendable receipts for use
4in the enforcement of laws regulating controlled substances
5and cannabis. The proceeds of fines awarded to the State
6treasury shall be deposited in a special fund known as the Drug
7Traffic Prevention Fund. Monies from this fund may be used by
8the Illinois Department of State Police for use in the
9enforcement of laws regulating controlled substances and
10cannabis; to satisfy funding provisions of the
11Intergovernmental Drug Laws Enforcement Act; to defray costs
12and expenses associated with returning violators of the
13Cannabis Control Act and the Illinois Controlled Substances
14Act only, as provided in those Acts, when punishment of the
15crime shall be confinement of the criminal in the
16penitentiary; and all other monies shall be paid into the
17general revenue fund in the State treasury.
18(Source: P.A. 89-507, eff. 7-1-97.)
 
19    Section 1035. The Sexual Assault Evidence Submission Act
20is amended by changing Sections 5, 10, 15, 20, 25, 35, 42, 45,
21and 50 as follows:
 
22    (725 ILCS 202/5)
23    Sec. 5. Definitions. In this Act:
24    "Commission" means the Sexual Assault Evidence Tracking

 

 

HB3655- 2090 -LRB102 16922 WGH 22334 b

1and Reporting Commission.
2    "Department" means the Department of State Police or
3Illinois State Police.
4    "Law enforcement agencies" means local, county, State or
5federal law enforcement agencies involved in the investigation
6of sexual assault cases in Illinois.
7    "Sexual assault evidence" means evidence collected in
8connection with a sexual assault investigation, including, but
9not limited to, evidence collected using the Illinois State
10Police Evidence Collection Kits.
11(Source: P.A. 100-336, eff. 8-25-17.)
 
12    (725 ILCS 202/10)
13    Sec. 10. Submission of evidence. Law enforcement agencies
14that receive sexual assault evidence that the victim of a
15sexual assault or sexual abuse or a person authorized under
16Section 6.5 of the Sexual Assault Survivors Emergency
17Treatment Act has consented to allow law enforcement to test
18in connection with the investigation of a criminal case on or
19after the effective date of this Act must submit evidence from
20the case within 10 business days of receipt of the consent to
21test to an Illinois a Department of State Police forensic
22laboratory or a laboratory approved and designated by the
23Director of the Illinois State Police. The written report
24required under Section 20 of the Sexual Assault Incident
25Procedure Act shall include the date and time the sexual

 

 

HB3655- 2091 -LRB102 16922 WGH 22334 b

1assault evidence was picked up from the hospital, the date
2consent to test the sexual assault evidence was given, and the
3date and time the sexual assault evidence was sent to the
4laboratory. Sexual assault evidence received by a law
5enforcement agency within 30 days prior to the effective date
6of this Act shall be submitted pursuant to this Section.
7(Source: P.A. 99-801, eff. 1-1-17.)
 
8    (725 ILCS 202/15)
9    Sec. 15. Analysis of evidence; notification.
10    (a) All sexual assault evidence submitted pursuant to
11Section 10 of this Act on or after the effective date of this
12Act shall be analyzed within 6 months after receipt of all
13necessary evidence and standards by the Illinois State Police
14Laboratory or other designated laboratory if sufficient
15staffing and resources are available.
16    (b) If a consistent DNA profile has been identified by
17comparing the submitted sexual assault evidence with a known
18standard from a suspect or with DNA profiles in the CODIS
19database, the Illinois State Police Department shall notify
20the investigating law enforcement agency of the results in
21writing, and the Illinois State Police Department shall
22provide an automatic courtesy copy of the written notification
23to the appropriate State's Attorney's Office for tracking and
24further action, as necessary.
25(Source: P.A. 99-617, eff. 7-22-16.)
 

 

 

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1    (725 ILCS 202/20)
2    Sec. 20. Inventory of evidence.
3    (a) By October 15, 2010, each Illinois law enforcement
4agency shall provide written notice to the Illinois Department
5of State Police, in a form and manner prescribed by the
6Illinois State Police Department, stating the number of sexual
7assault cases in the custody of the law enforcement agency
8that have not been previously submitted to a laboratory for
9analysis. Within 180 days after the effective date of this
10Act, appropriate arrangements shall be made between the law
11enforcement agency and the Illinois Department of State
12Police, or a laboratory approved and designated by the
13Director of the Illinois State Police, to ensure that all
14cases that were collected prior to the effective date of this
15Act and are, or were at the time of collection, the subject of
16a criminal investigation, are submitted to the Illinois
17Department of State Police, or a laboratory approved and
18designated by the Director of the Illinois State Police.
19    (b) By February 15, 2011, the Illinois Department of State
20Police shall submit to the Governor, the Attorney General, and
21both houses of the General Assembly a plan for analyzing cases
22submitted pursuant to this Section. The plan shall include but
23not be limited to a timeline for completion of analysis and a
24summary of the inventory received, as well as requests for
25funding and resources necessary to meet the established

 

 

HB3655- 2093 -LRB102 16922 WGH 22334 b

1timeline. Should the Illinois State Police Department
2determine it is necessary to outsource the forensic testing of
3the cases submitted in accordance with this Section, all such
4cases will be exempt from the provisions of subsection (n) of
5Section 5-4-3 of the Unified Code of Corrections.
6    (c) Beginning June 1, 2016 or on and after the effective
7date of this amendatory Act of the 99th General Assembly,
8whichever is later, each law enforcement agency must conduct
9an annual inventory of all sexual assault cases in the custody
10of the law enforcement agency and provide written notice of
11its annual findings to the State's Attorney's Office having
12jurisdiction to ensure sexual assault cases are being
13submitted as provided by law.
14(Source: P.A. 99-617, eff. 7-22-16.)
 
15    (725 ILCS 202/25)
16    Sec. 25. Failure of a law enforcement agency to submit the
17sexual assault evidence. The failure of a law enforcement
18agency to submit the sexual assault evidence collected on or
19after the effective date of this Act within 10 business days
20after receipt shall in no way alter the authority of the law
21enforcement agency to submit the evidence or the authority of
22the Illinois Department of State Police forensic laboratory or
23designated laboratory to accept and analyze the evidence or
24specimen or to maintain or upload the results of genetic
25marker grouping analysis information into a local, State, or

 

 

HB3655- 2094 -LRB102 16922 WGH 22334 b

1national database in accordance with established protocol.
2(Source: P.A. 96-1011, eff. 9-1-10.)
 
3    (725 ILCS 202/35)
4    Sec. 35. Expungement. If the Illinois State Police
5Department receives written confirmation from the
6investigating law enforcement agency or State's Attorney's
7office that a DNA record that has been uploaded pursuant to
8this Act into a local, State or national DNA database was not
9connected to a criminal investigation, the DNA record shall be
10expunged from the DNA database and the Illinois State Police
11Department shall, by rule, prescribe procedures to ensure that
12written confirmation is sent to the submitting law enforcement
13agency verifying the expungement.
14(Source: P.A. 96-1011, eff. 9-1-10.)
 
15    (725 ILCS 202/42)
16    Sec. 42. Reporting. Beginning January 1, 2017 and each
17year thereafter, the Illinois State Police Department shall
18publish a quarterly report on its website, indicating a
19breakdown of the number of sexual assault case submissions
20from every law enforcement agency.
21(Source: P.A. 99-617, eff. 7-22-16.)
 
22    (725 ILCS 202/45)
23    Sec. 45. Rules. The Illinois Department of State Police

 

 

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1shall promulgate rules that prescribe the procedures for the
2operation of this Act, including expunging a DNA record.
3(Source: P.A. 96-1011, eff. 9-1-10.)
 
4    (725 ILCS 202/50)
5    Sec. 50. Sexual assault evidence tracking system.
6    (a) On June 26, 2018, the Sexual Assault Evidence Tracking
7and Reporting Commission issued its report as required under
8Section 43. It is the intention of the General Assembly in
9enacting the provisions of this amendatory Act of the 101st
10General Assembly to implement the recommendations of the
11Sexual Assault Evidence Tracking and Reporting Commission set
12forth in that report in a manner that utilizes the current
13resources of law enforcement agencies whenever possible and
14that is adaptable to changing technologies and circumstances.
15    (a-1) Due to the complex nature of a statewide tracking
16system for sexual assault evidence and to ensure all
17stakeholders, including, but not limited to, victims and their
18designees, health care facilities, law enforcement agencies,
19forensic labs, and State's Attorneys offices are integrated,
20the Commission recommended the purchase of an electronic
21off-the-shelf tracking system. The system must be able to
22communicate with all stakeholders and provide real-time
23information to a victim or his or her designee on the status of
24the evidence that was collected. The sexual assault evidence
25tracking system must:

 

 

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1        (1) be electronic and web-based;
2        (2) be administered by the Illinois Department of
3    State Police;
4        (3) have help desk availability at all times;
5        (4) ensure the law enforcement agency contact
6    information is accessible to the victim or his or her
7    designee through the tracking system, so there is contact
8    information for questions;
9        (5) have the option for external connectivity to
10    evidence management systems, laboratory information
11    management systems, or other electronic data systems
12    already in existence by any of the stakeholders to
13    minimize additional burdens or tasks on stakeholders;
14        (6) allow for the victim to opt in for automatic
15    notifications when status updates are entered in the
16    system, if the system allows;
17        (7) include at each step in the process, a brief
18    explanation of the general purpose of that step and a
19    general indication of how long the step may take to
20    complete;
21        (8) contain minimum fields for tracking and reporting,
22    as follows:
23            (A) for sexual assault evidence kit vendor fields:
24                (i) each sexual evidence kit identification
25            number provided to each health care facility; and
26                (ii) the date the sexual evidence kit was sent

 

 

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1            to the health care facility.
2            (B) for health care facility fields:
3                (i) the date sexual assault evidence was
4            collected; and
5                (ii) the date notification was made to the law
6            enforcement agency that the sexual assault
7            evidence was collected.
8            (C) for law enforcement agency fields:
9                (i) the date the law enforcement agency took
10            possession of the sexual assault evidence from the
11            health care facility, another law enforcement
12            agency, or victim if he or she did not go through a
13            health care facility;
14                (ii) the law enforcement agency complaint
15            number;
16                (iii) if the law enforcement agency that takes
17            possession of the sexual assault evidence from a
18            health care facility is not the law enforcement
19            agency with jurisdiction in which the offense
20            occurred, the date when the law enforcement agency
21            notified the law enforcement agency having
22            jurisdiction that the agency has sexual assault
23            evidence required under subsection (c) of Section
24            20 of the Sexual Assault Incident Procedure Act;
25                (iv) an indication if the victim consented for
26            analysis of the sexual assault evidence;

 

 

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1                (v) if the victim did not consent for analysis
2            of the sexual assault evidence, the date on which
3            the law enforcement agency is no longer required
4            to store the sexual assault evidence;
5                (vi) a mechanism for the law enforcement
6            agency to document why the sexual assault evidence
7            was not submitted to the laboratory for analysis,
8            if applicable;
9                (vii) the date the law enforcement agency
10            received the sexual assault evidence results back
11            from the laboratory;
12                (viii) the date statutory notifications were
13            made to the victim or documentation of why
14            notification was not made; and
15                (ix) the date the law enforcement agency
16            turned over the case information to the State's
17            Attorney office, if applicable.
18            (D) for forensic lab fields:
19                (i) the date the sexual assault evidence is
20            received from the law enforcement agency by the
21            forensic lab for analysis;
22                (ii) the laboratory case number, visible to
23            the law enforcement agency and State's Attorney
24            office; and
25                (iii) the date the laboratory completes the
26            analysis of the sexual assault evidence.

 

 

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1            (E) for State's Attorney office fields:
2                (i) the date the State's Attorney office
3            received the sexual assault evidence results from
4            the laboratory, if applicable; and
5                (ii) the disposition or status of the case.
6    (a-2) The Commission also developed guidelines for secure
7electronic access to a tracking system for a victim, or his or
8her designee to access information on the status of the
9evidence collected. The Commission recommended minimum
10guidelines in order to safeguard confidentiality of the
11information contained within this statewide tracking system.
12These recommendations are that the sexual assault evidence
13tracking system must:
14        (1) allow for secure access, controlled by an
15    administering body who can restrict user access and allow
16    different permissions based on the need of that particular
17    user and health care facility users may include
18    out-of-state border hospitals, if authorized by the
19    Illinois Department of State Police to obtain this State's
20    kits from vendor;
21        (2) provide for users, other than victims, the ability
22    to provide for any individual who is granted access to the
23    program their own unique user ID and password;
24        (3) provide for a mechanism for a victim to enter the
25    system and only access his or her own information;
26        (4) enable a sexual assault evidence to be tracked and

 

 

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1    identified through the unique sexual assault evidence kit
2    identification number or barcode that the vendor applies
3    to each sexual assault evidence kit per the Illinois
4    Department of State Police's contract;
5        (5) have a mechanism to inventory unused kits provided
6    to a health care facility from the vendor;
7        (6) provide users the option to either scan the bar
8    code or manually enter the sexual assault evidence kit
9    number into the tracking program;
10        (7) provide a mechanism to create a separate unique
11    identification number for cases in which a sexual evidence
12    kit was not collected, but other evidence was collected;
13        (8) provide the ability to record date, time, and user
14    ID whenever any user accesses the system;
15        (9) provide for real-time entry and update of data;
16        (10) contain report functions including:
17            (A) health care facility compliance with
18        applicable laws;
19            (B) law enforcement agency compliance with
20        applicable laws;
21            (C) law enforcement agency annual inventory of
22        cases to each State's Attorney office; and
23            (D) forensic lab compliance with applicable laws;
24        and
25        (11) provide automatic notifications to the law
26    enforcement agency when:

 

 

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1            (A) a health care facility has collected sexual
2        assault evidence;
3            (B) unreleased sexual assault evidence that is
4        being stored by the law enforcement agency has met the
5        minimum storage requirement by law; and
6            (C) timelines as required by law are not met for a
7        particular case, if not otherwise documented.
8    (b) The Illinois State Police Department shall develop
9rules to implement a sexual assault evidence tracking system
10that conforms with subsections (a-1) and (a-2) of this
11Section. The Illinois State Police Department shall design the
12criteria for the sexual assault evidence tracking system so
13that, to the extent reasonably possible, the system can use
14existing technologies and products, including, but not limited
15to, currently available tracking systems. The sexual assault
16evidence tracking system shall be operational and shall begin
17tracking and reporting sexual assault evidence no later than
18one year after the effective date of this amendatory Act of the
19101st General Assembly. The Illinois State Police Department
20may adopt additional rules as it deems necessary to ensure
21that the sexual assault evidence tracking system continues to
22be a useful tool for law enforcement.
23    (c) A treatment hospital, a treatment hospital with
24approved pediatric transfer, an out-of-state hospital approved
25by the Department of Public Health to receive transfers of
26Illinois sexual assault survivors, or an approved pediatric

 

 

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1health care facility defined in Section 1a of the Sexual
2Assault Survivors Emergency Treatment Act shall participate in
3the sexual assault evidence tracking system created under this
4Section and in accordance with rules adopted under subsection
5(b), including, but not limited to, the collection of sexual
6assault evidence and providing information regarding that
7evidence, including, but not limited to, providing notice to
8law enforcement that the evidence has been collected.
9    (d) The operations of the sexual assault evidence tracking
10system shall be funded by moneys appropriated for that purpose
11from the State Crime Laboratory Fund and funds provided to the
12Illinois State Police Department through asset forfeiture,
13together with such other funds as the General Assembly may
14appropriate.
15    (e) To ensure that the sexual assault evidence tracking
16system is operational, the Illinois State Police Department
17may adopt emergency rules to implement the provisions of this
18Section under subsection (ff) of Section 5-45 of the Illinois
19Administrative Procedure Act.
20    (f) Information, including, but not limited to, evidence
21and records in the sexual assault evidence tracking system is
22exempt from disclosure under the Freedom of Information Act.
23(Source: P.A. 101-377, eff. 8-16-19.)
 
24    Section 1045. The Sexual Assault Incident Procedure Act is
25amended by changing Sections 15, 20, and 35 as follows:
 

 

 

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1    (725 ILCS 203/15)
2    Sec. 15. Sexual assault incident policies.
3    (a) On or before January 1, 2018, every law enforcement
4agency shall develop, adopt, and implement written policies
5regarding procedures for incidents of sexual assault or sexual
6abuse consistent with the guidelines developed under
7subsection (b) of this Section. In developing these policies,
8each law enforcement agency is encouraged to consult with
9other law enforcement agencies, sexual assault advocates, and
10sexual assault nurse examiners with expertise in recognizing
11and handling sexual assault and sexual abuse incidents. These
12policies must include mandatory sexual assault and sexual
13abuse response training as required in Section 10.21 of the
14Illinois Police Training Act and Sections 2605-51 and 2605-53
15and 2605-98 of the Illinois Department of State Police Law of
16the Civil Administrative Code of Illinois.
17    (a-5) On or before January 1, 2021, every law enforcement
18agency shall revise and implement its written policies
19regarding procedures for incidents of sexual assault or sexual
20abuse consistent with the guideline revisions developed under
21subsection (b-5) of this Section.
22    (b) On or before July 1, 2017, the Office of the Attorney
23General, in consultation with the Illinois Law Enforcement
24Training Standards Board and the Illinois Department of State
25Police, shall develop and make available to each law

 

 

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1enforcement agency, comprehensive guidelines for creation of a
2law enforcement agency policy on evidence-based,
3trauma-informed, victim-centered sexual assault and sexual
4abuse response and investigation.
5    These guidelines shall include, but not be limited to the
6following:
7        (1) dispatcher or call taker response;
8        (2) responding officer duties;
9        (3) duties of officers investigating sexual assaults
10    and sexual abuse;
11        (4) supervisor duties;
12        (5) report writing;
13        (6) reporting methods;
14        (7) victim interviews;
15        (8) evidence collection;
16        (9) sexual assault medical forensic examinations;
17        (10) suspect interviews;
18        (11) suspect forensic exams;
19        (12) witness interviews;
20        (13) sexual assault response and resource teams, if
21    applicable;
22        (14) working with victim advocates;
23        (15) working with prosecutors;
24        (16) victims' rights;
25        (17) victim notification; and
26        (18) consideration for specific populations or

 

 

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1    communities.
2    (b-5) On or before January 1, 2020, the Office of the
3Attorney General, in consultation with the Illinois Law
4Enforcement Training Standards Board and the Illinois
5Department of State Police, shall revise the comprehensive
6guidelines developed under subsection (b) to include
7responding to victims who are under 13 years of age at the time
8the sexual assault or sexual abuse occurred.
9(Source: P.A. 99-801, eff. 1-1-17; 100-201, eff. 8-18-17;
10100-910, eff. 1-1-19.)
 
11    (725 ILCS 203/20)
12    Sec. 20. Reports by law enforcement officers.
13    (a) A law enforcement officer shall complete a written
14police report upon receiving the following, regardless of
15where the incident occurred:
16        (1) an allegation by a person that the person has been
17    sexually assaulted or sexually abused regardless of
18    jurisdiction;
19        (2) information from hospital or medical personnel
20    provided under Section 3.2 of the Criminal Identification
21    Act; or
22        (3) information from a witness who personally observed
23    what appeared to be a sexual assault or sexual abuse or
24    attempted sexual assault or sexual abuse.
25    (b) The written report shall include the following, if

 

 

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1known:
2        (1) the victim's name or other identifier;
3        (2) the victim's contact information;
4        (3) time, date, and location of offense;
5        (4) information provided by the victim;
6        (5) the suspect's description and name, if known;
7        (6) names of persons with information relevant to the
8    time before, during, or after the sexual assault or sexual
9    abuse, and their contact information;
10        (7) names of medical professionals who provided a
11    medical forensic examination of the victim and any
12    information they provided about the sexual assault or
13    sexual abuse;
14        (8) whether an Illinois State Police Sexual Assault
15    Evidence Collection Kit was completed, the name and
16    contact information for the hospital, and whether the
17    victim consented to testing of the Evidence Collection Kit
18    by law enforcement;
19        (9) whether a urine or blood sample was collected and
20    whether the victim consented to testing of a toxicology
21    screen by law enforcement;
22        (10) information the victim related to medical
23    professionals during a medical forensic examination which
24    the victim consented to disclosure to law enforcement; and
25        (11) other relevant information.
26    (c) If the sexual assault or sexual abuse occurred in

 

 

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1another jurisdiction, the law enforcement officer taking the
2report must submit the report to the law enforcement agency
3having jurisdiction in person or via fax or email within 24
4hours of receiving information about the sexual assault or
5sexual abuse.
6    (d) Within 24 hours of receiving a report from a law
7enforcement agency in another jurisdiction in accordance with
8subsection (c), the law enforcement agency having jurisdiction
9shall submit a written confirmation to the law enforcement
10agency that wrote the report. The written confirmation shall
11contain the name and identifier of the person and confirming
12receipt of the report and a name and contact phone number that
13will be given to the victim. The written confirmation shall be
14delivered in person or via fax or email.
15    (e) No law enforcement officer shall require a victim of
16sexual assault or sexual abuse to submit to an interview.
17    (f) No law enforcement agency may refuse to complete a
18written report as required by this Section on any ground.
19    (g) All law enforcement agencies shall ensure that all
20officers responding to or investigating a complaint of sexual
21assault or sexual abuse have successfully completed training
22under Section 10.21 of the Illinois Police Training Act and
23Section 2605-51 2605-98 of the Illinois Department of State
24Police Law of the Civil Administrative Code of Illinois.
25(Source: P.A. 99-801, eff. 1-1-17; 100-201, eff. 8-18-17.)
 

 

 

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1    (725 ILCS 203/35)
2    Sec. 35. Release of information.
3    (a) Upon the request of the victim who has consented to the
4release of sexual assault evidence for testing, the law
5enforcement agency having jurisdiction shall provide the
6following information in writing:
7        (1) the date the sexual assault evidence was sent to
8    an Illinois a Department of State Police forensic
9    laboratory or designated laboratory;
10        (2) test results provided to the law enforcement
11    agency by an Illinois a Department of State Police
12    forensic laboratory or designated laboratory, including,
13    but not limited to:
14            (A) whether a DNA profile was obtained from the
15        testing of the sexual assault evidence from the
16        victim's case;
17            (B) whether the DNA profile developed from the
18        sexual assault evidence has been searched against the
19        DNA Index System or any state or federal DNA database;
20            (C) whether an association was made to an
21        individual whose DNA profile is consistent with the
22        sexual assault evidence DNA profile, provided that
23        disclosure would not impede or compromise an ongoing
24        investigation; and
25            (D) whether any drugs were detected in a urine or
26        blood sample analyzed for drug facilitated sexual

 

 

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1        assault and information about any drugs detected.
2    (b) The information listed in paragraph (1) of subsection
3(a) of this Section shall be provided to the victim within 7
4days of the transfer of the evidence to the laboratory. The
5information listed in paragraph (2) of subsection (a) of this
6Section shall be provided to the victim within 7 days of the
7receipt of the information by the law enforcement agency
8having jurisdiction.
9    (c) At the time the sexual assault evidence is released
10for testing, the victim shall be provided written information
11by the law enforcement agency having jurisdiction or the
12hospital providing emergency services and forensic services to
13the victim informing him or her of the right to request
14information under subsection (a) of this Section. A victim may
15designate another person or agency to receive this
16information.
17    (d) The victim or the victim's designee shall keep the law
18enforcement agency having jurisdiction informed of the name,
19address, telephone number, and email address of the person to
20whom the information should be provided, and any changes of
21the name, address, telephone number, and email address, if an
22email address is available.
23(Source: P.A. 99-801, eff. 1-1-17.)
 
24    Section 1050. The Sexually Violent Persons Commitment Act
25is amended by changing Section 45 as follows:
 

 

 

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1    (725 ILCS 207/45)
2    Sec. 45. Deoxyribonucleic acid analysis requirements.
3    (a)(1) If a person is found to be a sexually violent person
4under this Act, the court shall require the person to provide a
5biological specimen for deoxyribonucleic acid analysis in
6accordance with Section 5-4-3 of the Unified Code of
7Corrections.
8    (2) The results from deoxyribonucleic acid analysis of a
9specimen under paragraph (a)(1) of this Section may be used
10only as authorized by Section 5-4-3 of the Unified Code of
11Corrections.
12    (b) The rules adopted by the Illinois Department of State
13Police under Section 5-4-3 of the Unified Code of Corrections
14are the procedures that must be followed for persons to
15provide specimens under paragraph (a)(1) of this Section.
16(Source: P.A. 90-40, eff. 1-1-98; 91-227, eff. 1-1-00.)
 
17    Section 1055. The Unified Code of Corrections is amended
18by changing Sections 3-2-2, 3-2.7-25, 3-3-2, 3-14-1, 3-14-1.5,
193-17-5, 5-2-4, 5-4-3, 5-4-3a, 5-4-3b, 5-5-4, 5-5.5-40, 5-6-3,
205-9-1.2, 5-9-1.4, and 5-9-1.9 as follows:
 
21    (730 ILCS 5/3-2-2)  (from Ch. 38, par. 1003-2-2)
22    Sec. 3-2-2. Powers and duties of the Department.
23    (1) In addition to the powers, duties, and

 

 

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1responsibilities which are otherwise provided by law, the
2Department shall have the following powers:
3        (a) To accept persons committed to it by the courts of
4    this State for care, custody, treatment and
5    rehabilitation, and to accept federal prisoners and aliens
6    over whom the Office of the Federal Detention Trustee is
7    authorized to exercise the federal detention function for
8    limited purposes and periods of time.
9        (b) To develop and maintain reception and evaluation
10    units for purposes of analyzing the custody and
11    rehabilitation needs of persons committed to it and to
12    assign such persons to institutions and programs under its
13    control or transfer them to other appropriate agencies. In
14    consultation with the Department of Alcoholism and
15    Substance Abuse (now the Department of Human Services),
16    the Department of Corrections shall develop a master plan
17    for the screening and evaluation of persons committed to
18    its custody who have alcohol or drug abuse problems, and
19    for making appropriate treatment available to such
20    persons; the Department shall report to the General
21    Assembly on such plan not later than April 1, 1987. The
22    maintenance and implementation of such plan shall be
23    contingent upon the availability of funds.
24        (b-1) To create and implement, on January 1, 2002, a
25    pilot program to establish the effectiveness of
26    pupillometer technology (the measurement of the pupil's

 

 

HB3655- 2112 -LRB102 16922 WGH 22334 b

1    reaction to light) as an alternative to a urine test for
2    purposes of screening and evaluating persons committed to
3    its custody who have alcohol or drug problems. The pilot
4    program shall require the pupillometer technology to be
5    used in at least one Department of Corrections facility.
6    The Director may expand the pilot program to include an
7    additional facility or facilities as he or she deems
8    appropriate. A minimum of 4,000 tests shall be included in
9    the pilot program. The Department must report to the
10    General Assembly on the effectiveness of the program by
11    January 1, 2003.
12        (b-5) To develop, in consultation with the Illinois
13    Department of State Police, a program for tracking and
14    evaluating each inmate from commitment through release for
15    recording his or her gang affiliations, activities, or
16    ranks.
17        (c) To maintain and administer all State correctional
18    institutions and facilities under its control and to
19    establish new ones as needed. Pursuant to its power to
20    establish new institutions and facilities, the Department
21    may, with the written approval of the Governor, authorize
22    the Department of Central Management Services to enter
23    into an agreement of the type described in subsection (d)
24    of Section 405-300 of the Department of Central Management
25    Services Law (20 ILCS 405/405-300). The Department shall
26    designate those institutions which shall constitute the

 

 

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1    State Penitentiary System.
2        Pursuant to its power to establish new institutions
3    and facilities, the Department may authorize the
4    Department of Central Management Services to accept bids
5    from counties and municipalities for the construction,
6    remodeling or conversion of a structure to be leased to
7    the Department of Corrections for the purposes of its
8    serving as a correctional institution or facility. Such
9    construction, remodeling or conversion may be financed
10    with revenue bonds issued pursuant to the Industrial
11    Building Revenue Bond Act by the municipality or county.
12    The lease specified in a bid shall be for a term of not
13    less than the time needed to retire any revenue bonds used
14    to finance the project, but not to exceed 40 years. The
15    lease may grant to the State the option to purchase the
16    structure outright.
17        Upon receipt of the bids, the Department may certify
18    one or more of the bids and shall submit any such bids to
19    the General Assembly for approval. Upon approval of a bid
20    by a constitutional majority of both houses of the General
21    Assembly, pursuant to joint resolution, the Department of
22    Central Management Services may enter into an agreement
23    with the county or municipality pursuant to such bid.
24        (c-5) To build and maintain regional juvenile
25    detention centers and to charge a per diem to the counties
26    as established by the Department to defray the costs of

 

 

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1    housing each minor in a center. In this subsection (c-5),
2    "juvenile detention center" means a facility to house
3    minors during pendency of trial who have been transferred
4    from proceedings under the Juvenile Court Act of 1987 to
5    prosecutions under the criminal laws of this State in
6    accordance with Section 5-805 of the Juvenile Court Act of
7    1987, whether the transfer was by operation of law or
8    permissive under that Section. The Department shall
9    designate the counties to be served by each regional
10    juvenile detention center.
11        (d) To develop and maintain programs of control,
12    rehabilitation and employment of committed persons within
13    its institutions.
14        (d-5) To provide a pre-release job preparation program
15    for inmates at Illinois adult correctional centers.
16        (d-10) To provide educational and visitation
17    opportunities to committed persons within its institutions
18    through temporary access to content-controlled tablets
19    that may be provided as a privilege to committed persons
20    to induce or reward compliance.
21        (e) To establish a system of supervision and guidance
22    of committed persons in the community.
23        (f) To establish in cooperation with the Department of
24    Transportation to supply a sufficient number of prisoners
25    for use by the Department of Transportation to clean up
26    the trash and garbage along State, county, township, or

 

 

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1    municipal highways as designated by the Department of
2    Transportation. The Department of Corrections, at the
3    request of the Department of Transportation, shall furnish
4    such prisoners at least annually for a period to be agreed
5    upon between the Director of Corrections and the Secretary
6    of Transportation. The prisoners used on this program
7    shall be selected by the Director of Corrections on
8    whatever basis he deems proper in consideration of their
9    term, behavior and earned eligibility to participate in
10    such program - where they will be outside of the prison
11    facility but still in the custody of the Department of
12    Corrections. Prisoners convicted of first degree murder,
13    or a Class X felony, or armed violence, or aggravated
14    kidnapping, or criminal sexual assault, aggravated
15    criminal sexual abuse or a subsequent conviction for
16    criminal sexual abuse, or forcible detention, or arson, or
17    a prisoner adjudged a Habitual Criminal shall not be
18    eligible for selection to participate in such program. The
19    prisoners shall remain as prisoners in the custody of the
20    Department of Corrections and such Department shall
21    furnish whatever security is necessary. The Department of
22    Transportation shall furnish trucks and equipment for the
23    highway cleanup program and personnel to supervise and
24    direct the program. Neither the Department of Corrections
25    nor the Department of Transportation shall replace any
26    regular employee with a prisoner.

 

 

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1        (g) To maintain records of persons committed to it and
2    to establish programs of research, statistics and
3    planning.
4        (h) To investigate the grievances of any person
5    committed to the Department and to inquire into any
6    alleged misconduct by employees or committed persons; and
7    for these purposes it may issue subpoenas and compel the
8    attendance of witnesses and the production of writings and
9    papers, and may examine under oath any witnesses who may
10    appear before it; to also investigate alleged violations
11    of a parolee's or releasee's conditions of parole or
12    release; and for this purpose it may issue subpoenas and
13    compel the attendance of witnesses and the production of
14    documents only if there is reason to believe that such
15    procedures would provide evidence that such violations
16    have occurred.
17        If any person fails to obey a subpoena issued under
18    this subsection, the Director may apply to any circuit
19    court to secure compliance with the subpoena. The failure
20    to comply with the order of the court issued in response
21    thereto shall be punishable as contempt of court.
22        (i) To appoint and remove the chief administrative
23    officers, and administer programs of training and
24    development of personnel of the Department. Personnel
25    assigned by the Department to be responsible for the
26    custody and control of committed persons or to investigate

 

 

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1    the alleged misconduct of committed persons or employees
2    or alleged violations of a parolee's or releasee's
3    conditions of parole shall be conservators of the peace
4    for those purposes, and shall have the full power of peace
5    officers outside of the facilities of the Department in
6    the protection, arrest, retaking and reconfining of
7    committed persons or where the exercise of such power is
8    necessary to the investigation of such misconduct or
9    violations. This subsection shall not apply to persons
10    committed to the Department of Juvenile Justice under the
11    Juvenile Court Act of 1987 on aftercare release.
12        (j) To cooperate with other departments and agencies
13    and with local communities for the development of
14    standards and programs for better correctional services in
15    this State.
16        (k) To administer all moneys and properties of the
17    Department.
18        (l) To report annually to the Governor on the
19    committed persons, institutions and programs of the
20    Department.
21        (l-5) (Blank).
22        (m) To make all rules and regulations and exercise all
23    powers and duties vested by law in the Department.
24        (n) To establish rules and regulations for
25    administering a system of sentence credits, established in
26    accordance with Section 3-6-3, subject to review by the

 

 

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1    Prisoner Review Board.
2        (o) To administer the distribution of funds from the
3    State Treasury to reimburse counties where State penal
4    institutions are located for the payment of assistant
5    state's attorneys' salaries under Section 4-2001 of the
6    Counties Code.
7        (p) To exchange information with the Department of
8    Human Services and the Department of Healthcare and Family
9    Services for the purpose of verifying living arrangements
10    and for other purposes directly connected with the
11    administration of this Code and the Illinois Public Aid
12    Code.
13        (q) To establish a diversion program.
14        The program shall provide a structured environment for
15    selected technical parole or mandatory supervised release
16    violators and committed persons who have violated the
17    rules governing their conduct while in work release. This
18    program shall not apply to those persons who have
19    committed a new offense while serving on parole or
20    mandatory supervised release or while committed to work
21    release.
22        Elements of the program shall include, but shall not
23    be limited to, the following:
24            (1) The staff of a diversion facility shall
25        provide supervision in accordance with required
26        objectives set by the facility.

 

 

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1            (2) Participants shall be required to maintain
2        employment.
3            (3) Each participant shall pay for room and board
4        at the facility on a sliding-scale basis according to
5        the participant's income.
6            (4) Each participant shall:
7                (A) provide restitution to victims in
8            accordance with any court order;
9                (B) provide financial support to his
10            dependents; and
11                (C) make appropriate payments toward any other
12            court-ordered obligations.
13            (5) Each participant shall complete community
14        service in addition to employment.
15            (6) Participants shall take part in such
16        counseling, educational and other programs as the
17        Department may deem appropriate.
18            (7) Participants shall submit to drug and alcohol
19        screening.
20            (8) The Department shall promulgate rules
21        governing the administration of the program.
22        (r) To enter into intergovernmental cooperation
23    agreements under which persons in the custody of the
24    Department may participate in a county impact
25    incarceration program established under Section 3-6038 or
26    3-15003.5 of the Counties Code.

 

 

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1        (r-5) (Blank).
2        (r-10) To systematically and routinely identify with
3    respect to each streetgang active within the correctional
4    system: (1) each active gang; (2) every existing
5    inter-gang affiliation or alliance; and (3) the current
6    leaders in each gang. The Department shall promptly
7    segregate leaders from inmates who belong to their gangs
8    and allied gangs. "Segregate" means no physical contact
9    and, to the extent possible under the conditions and space
10    available at the correctional facility, prohibition of
11    visual and sound communication. For the purposes of this
12    paragraph (r-10), "leaders" means persons who:
13            (i) are members of a criminal streetgang;
14            (ii) with respect to other individuals within the
15        streetgang, occupy a position of organizer,
16        supervisor, or other position of management or
17        leadership; and
18            (iii) are actively and personally engaged in
19        directing, ordering, authorizing, or requesting
20        commission of criminal acts by others, which are
21        punishable as a felony, in furtherance of streetgang
22        related activity both within and outside of the
23        Department of Corrections.
24    "Streetgang", "gang", and "streetgang related" have the
25    meanings ascribed to them in Section 10 of the Illinois
26    Streetgang Terrorism Omnibus Prevention Act.

 

 

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1        (s) To operate a super-maximum security institution,
2    in order to manage and supervise inmates who are
3    disruptive or dangerous and provide for the safety and
4    security of the staff and the other inmates.
5        (t) To monitor any unprivileged conversation or any
6    unprivileged communication, whether in person or by mail,
7    telephone, or other means, between an inmate who, before
8    commitment to the Department, was a member of an organized
9    gang and any other person without the need to show cause or
10    satisfy any other requirement of law before beginning the
11    monitoring, except as constitutionally required. The
12    monitoring may be by video, voice, or other method of
13    recording or by any other means. As used in this
14    subdivision (1)(t), "organized gang" has the meaning
15    ascribed to it in Section 10 of the Illinois Streetgang
16    Terrorism Omnibus Prevention Act.
17        As used in this subdivision (1)(t), "unprivileged
18    conversation" or "unprivileged communication" means a
19    conversation or communication that is not protected by any
20    privilege recognized by law or by decision, rule, or order
21    of the Illinois Supreme Court.
22        (u) To establish a Women's and Children's Pre-release
23    Community Supervision Program for the purpose of providing
24    housing and services to eligible female inmates, as
25    determined by the Department, and their newborn and young
26    children.

 

 

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1        (u-5) To issue an order, whenever a person committed
2    to the Department absconds or absents himself or herself,
3    without authority to do so, from any facility or program
4    to which he or she is assigned. The order shall be
5    certified by the Director, the Supervisor of the
6    Apprehension Unit, or any person duly designated by the
7    Director, with the seal of the Department affixed. The
8    order shall be directed to all sheriffs, coroners, and
9    police officers, or to any particular person named in the
10    order. Any order issued pursuant to this subdivision (1)
11    (u-5) shall be sufficient warrant for the officer or
12    person named in the order to arrest and deliver the
13    committed person to the proper correctional officials and
14    shall be executed the same as criminal process.
15        (v) To do all other acts necessary to carry out the
16    provisions of this Chapter.
17    (2) The Department of Corrections shall by January 1,
181998, consider building and operating a correctional facility
19within 100 miles of a county of over 2,000,000 inhabitants,
20especially a facility designed to house juvenile participants
21in the impact incarceration program.
22    (3) When the Department lets bids for contracts for
23medical services to be provided to persons committed to
24Department facilities by a health maintenance organization,
25medical service corporation, or other health care provider,
26the bid may only be let to a health care provider that has

 

 

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1obtained an irrevocable letter of credit or performance bond
2issued by a company whose bonds have an investment grade or
3higher rating by a bond rating organization.
4    (4) When the Department lets bids for contracts for food
5or commissary services to be provided to Department
6facilities, the bid may only be let to a food or commissary
7services provider that has obtained an irrevocable letter of
8credit or performance bond issued by a company whose bonds
9have an investment grade or higher rating by a bond rating
10organization.
11    (5) On and after the date 6 months after August 16, 2013
12(the effective date of Public Act 98-488), as provided in the
13Executive Order 1 (2012) Implementation Act, all of the
14powers, duties, rights, and responsibilities related to State
15healthcare purchasing under this Code that were transferred
16from the Department of Corrections to the Department of
17Healthcare and Family Services by Executive Order 3 (2005) are
18transferred back to the Department of Corrections; however,
19powers, duties, rights, and responsibilities related to State
20healthcare purchasing under this Code that were exercised by
21the Department of Corrections before the effective date of
22Executive Order 3 (2005) but that pertain to individuals
23resident in facilities operated by the Department of Juvenile
24Justice are transferred to the Department of Juvenile Justice.
25(Source: P.A. 100-198, eff. 1-1-18; 100-863, eff. 8-14-18;
26101-235, eff. 1-1-20.)
 

 

 

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1    (730 ILCS 5/3-2.7-25)
2    Sec. 3-2.7-25. Duties and powers.
3    (a) The Independent Juvenile Ombudsman shall function
4independently within the Department of Juvenile Justice with
5respect to the operations of the Office in performance of his
6or her duties under this Article and shall report to the
7Governor. The Ombudsman shall adopt rules and standards as may
8be necessary or desirable to carry out his or her duties.
9Funding for the Office shall be designated separately within
10Department funds. The Department shall provide necessary
11administrative services and facilities to the Office of the
12Independent Juvenile Ombudsman.
13    (b) The Office of Independent Juvenile Ombudsman shall
14have the following duties:
15        (1) review and monitor the implementation of the rules
16    and standards established by the Department of Juvenile
17    Justice and evaluate the delivery of services to youth to
18    ensure that the rights of youth are fully observed;
19        (2) provide assistance to a youth or family whom the
20    Ombudsman determines is in need of assistance, including
21    advocating with an agency, provider, or other person in
22    the best interests of the youth;
23        (3) investigate and attempt to resolve complaints made
24    by or on behalf of youth, other than complaints alleging
25    criminal behavior or violations of the State Officials and

 

 

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1    Employees Ethics Act, if the Office determines that the
2    investigation and resolution would further the purpose of
3    the Office, and:
4            (A) a youth committed to the Department of
5        Juvenile Justice or the youth's family is in need of
6        assistance from the Office; or
7            (B) a systemic issue in the Department of Juvenile
8        Justice's provision of services is raised by a
9        complaint;
10        (4) review or inspect periodically the facilities and
11    procedures of any facility in which a youth has been
12    placed by the Department of Juvenile Justice to ensure
13    that the rights of youth are fully observed; and
14        (5) be accessible to and meet confidentially and
15    regularly with youth committed to the Department and serve
16    as a resource by informing them of pertinent laws, rules,
17    and policies, and their rights thereunder.
18    (c) The following cases shall be reported immediately to
19the Director of Juvenile Justice and the Governor:
20        (1) cases of severe abuse or injury of a youth;
21        (2) serious misconduct, misfeasance, malfeasance, or
22    serious violations of policies and procedures concerning
23    the administration of a Department of Juvenile Justice
24    program or operation;
25        (3) serious problems concerning the delivery of
26    services in a facility operated by or under contract with

 

 

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1    the Department of Juvenile Justice;
2        (4) interference by the Department of Juvenile Justice
3    with an investigation conducted by the Office; and
4        (5) other cases as deemed necessary by the Ombudsman.
5    (d) Notwithstanding any other provision of law, the
6Ombudsman may not investigate alleged criminal behavior or
7violations of the State Officials and Employees Ethics Act. If
8the Ombudsman determines that a possible criminal act has been
9committed, or that special expertise is required in the
10investigation, he or she shall immediately notify the Illinois
11Department of State Police. If the Ombudsman determines that a
12possible violation of the State Officials and Employees Ethics
13Act has occurred, he or she shall immediately refer the
14incident to the Office of the Governor's Executive Inspector
15General for investigation. If the Ombudsman receives a
16complaint from a youth or third party regarding suspected
17abuse or neglect of a child, the Ombudsman shall refer the
18incident to the Child Abuse and Neglect Hotline or to the
19Illinois State Police as mandated by the Abused and Neglected
20Child Reporting Act. Any investigation conducted by the
21Ombudsman shall not be duplicative and shall be separate from
22any investigation mandated by the Abused and Neglected Child
23Reporting Act. All investigations conducted by the Ombudsman
24shall be conducted in a manner designed to ensure the
25preservation of evidence for possible use in a criminal
26prosecution.

 

 

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1    (e) In performance of his or her duties, the Ombudsman
2may:
3        (1) review court files of youth;
4        (2) recommend policies, rules, and legislation
5    designed to protect youth;
6        (3) make appropriate referrals under any of the duties
7    and powers listed in this Section;
8        (4) attend internal administrative and disciplinary
9    hearings to ensure the rights of youth are fully observed
10    and advocate for the best interest of youth when deemed
11    necessary; and
12        (5) perform other acts, otherwise permitted or
13    required by law, in furtherance of the purpose of the
14    Office.
15    (f) To assess if a youth's rights have been violated, the
16Ombudsman may, in any matter that does not involve alleged
17criminal behavior, contact or consult with an administrator,
18employee, youth, parent, expert, or any other individual in
19the course of his or her investigation or to secure
20information as necessary to fulfill his or her duties.
21(Source: P.A. 98-1032, eff. 8-25-14; 99-78, eff. 7-20-15.)
 
22    (730 ILCS 5/3-3-2)  (from Ch. 38, par. 1003-3-2)
23    Sec. 3-3-2. Powers and duties.
24    (a) The Parole and Pardon Board is abolished and the term
25"Parole and Pardon Board" as used in any law of Illinois, shall

 

 

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1read "Prisoner Review Board." After February 1, 1978 (the
2effective date of Public Act 81-1099) this amendatory Act of
31977, the Prisoner Review Board shall provide by rule for the
4orderly transition of all files, records, and documents of the
5Parole and Pardon Board and for such other steps as may be
6necessary to effect an orderly transition and shall:
7        (1) hear by at least one member and through a panel of
8    at least 3 members decide, cases of prisoners who were
9    sentenced under the law in effect prior to February 1,
10    1978 (the effective date of Public Act 81-1099) this
11    amendatory Act of 1977, and who are eligible for parole;
12        (2) hear by at least one member and through a panel of
13    at least 3 members decide, the conditions of parole and
14    the time of discharge from parole, impose sanctions for
15    violations of parole, and revoke parole for those
16    sentenced under the law in effect prior to February 1,
17    1978 (the effective date of Public Act 81-1099) this
18    amendatory Act of 1977; provided that the decision to
19    parole and the conditions of parole for all prisoners who
20    were sentenced for first degree murder or who received a
21    minimum sentence of 20 years or more under the law in
22    effect prior to February 1, 1978 shall be determined by a
23    majority vote of the Prisoner Review Board. One
24    representative supporting parole and one representative
25    opposing parole will be allowed to speak. Their comments
26    shall be limited to making corrections and filling in

 

 

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1    omissions to the Board's presentation and discussion;
2        (3) hear by at least one member and through a panel of
3    at least 3 members decide, the conditions of mandatory
4    supervised release and the time of discharge from
5    mandatory supervised release, impose sanctions for
6    violations of mandatory supervised release, and revoke
7    mandatory supervised release for those sentenced under the
8    law in effect after February 1, 1978 (the effective date
9    of Public Act 81-1099) this amendatory Act of 1977;
10        (3.5) hear by at least one member and through a panel
11    of at least 3 members decide, the conditions of mandatory
12    supervised release and the time of discharge from
13    mandatory supervised release, to impose sanctions for
14    violations of mandatory supervised release and revoke
15    mandatory supervised release for those serving extended
16    supervised release terms pursuant to paragraph (4) of
17    subsection (d) of Section 5-8-1;
18        (3.6) hear by at least one member and through a panel
19    of at least 3 members decide whether to revoke aftercare
20    release for those committed to the Department of Juvenile
21    Justice under the Juvenile Court Act of 1987;
22        (4) hear by at least one member and through a panel of
23    at least 3 members, decide cases brought by the Department
24    of Corrections against a prisoner in the custody of the
25    Department for alleged violation of Department rules with
26    respect to sentence credits under Section 3-6-3 of this

 

 

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1    Code in which the Department seeks to revoke sentence
2    credits, if the amount of time at issue exceeds 30 days or
3    when, during any 12-month 12 month period, the cumulative
4    amount of credit revoked exceeds 30 days except where the
5    infraction is committed or discovered within 60 days of
6    scheduled release. In such cases, the Department of
7    Corrections may revoke up to 30 days of sentence credit.
8    The Board may subsequently approve the revocation of
9    additional sentence credit, if the Department seeks to
10    revoke sentence credit in excess of 30 thirty days.
11    However, the Board shall not be empowered to review the
12    Department's decision with respect to the loss of 30 days
13    of sentence credit for any prisoner or to increase any
14    penalty beyond the length requested by the Department;
15        (5) hear by at least one member and through a panel of
16    at least 3 members decide, the release dates for certain
17    prisoners sentenced under the law in existence prior to
18    February 1, 1978 (the effective date of Public Act
19    81-1099) this amendatory Act of 1977, in accordance with
20    Section 3-3-2.1 of this Code;
21        (6) hear by at least one member and through a panel of
22    at least 3 members decide, all requests for pardon,
23    reprieve or commutation, and make confidential
24    recommendations to the Governor;
25        (6.5) hear by at least one member who is qualified in
26    the field of juvenile matters and through a panel of at

 

 

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1    least 3 members, 2 of whom are qualified in the field of
2    juvenile matters, decide parole review cases in accordance
3    with Section 5-4.5-115 of this Code and make release
4    determinations of persons under the age of 21 at the time
5    of the commission of an offense or offenses, other than
6    those persons serving sentences for first degree murder or
7    aggravated criminal sexual assault;
8        (6.6) hear by at least a quorum of the Prisoner Review
9    Board and decide by a majority of members present at the
10    hearing, in accordance with Section 5-4.5-115 of this
11    Code, release determinations of persons under the age of
12    21 at the time of the commission of an offense or offenses
13    of those persons serving sentences for first degree murder
14    or aggravated criminal sexual assault;
15        (7) comply with the requirements of the Open Parole
16    Hearings Act;
17        (8) hear by at least one member and, through a panel of
18    at least 3 members, decide cases brought by the Department
19    of Corrections against a prisoner in the custody of the
20    Department for court dismissal of a frivolous lawsuit
21    pursuant to Section 3-6-3(d) of this Code in which the
22    Department seeks to revoke up to 180 days of sentence
23    credit, and if the prisoner has not accumulated 180 days
24    of sentence credit at the time of the dismissal, then all
25    sentence credit accumulated by the prisoner shall be
26    revoked;

 

 

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1        (9) hear by at least 3 members, and, through a panel of
2    at least 3 members, decide whether to grant certificates
3    of relief from disabilities or certificates of good
4    conduct as provided in Article 5.5 of Chapter V;
5        (10) upon a petition by a person who has been
6    convicted of a Class 3 or Class 4 felony and who meets the
7    requirements of this paragraph, hear by at least 3 members
8    and, with the unanimous vote of a panel of 3 members, issue
9    a certificate of eligibility for sealing recommending that
10    the court order the sealing of all official records of the
11    arresting authority, the circuit court clerk, and the
12    Illinois Department of State Police concerning the arrest
13    and conviction for the Class 3 or 4 felony. A person may
14    not apply to the Board for a certificate of eligibility
15    for sealing:
16            (A) until 5 years have elapsed since the
17        expiration of his or her sentence;
18            (B) until 5 years have elapsed since any arrests
19        or detentions by a law enforcement officer for an
20        alleged violation of law, other than a petty offense,
21        traffic offense, conservation offense, or local
22        ordinance offense;
23            (C) if convicted of a violation of the Cannabis
24        Control Act, Illinois Controlled Substances Act, the
25        Methamphetamine Control and Community Protection Act,
26        the Methamphetamine Precursor Control Act, or the

 

 

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1        Methamphetamine Precursor Tracking Act unless the
2        petitioner has completed a drug abuse program for the
3        offense on which sealing is sought and provides proof
4        that he or she has completed the program successfully;
5            (D) if convicted of:
6                (i) a sex offense described in Article 11 or
7            Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
8            the Criminal Code of 1961 or the Criminal Code of
9            2012;
10                (ii) aggravated assault;
11                (iii) aggravated battery;
12                (iv) domestic battery;
13                (v) aggravated domestic battery;
14                (vi) violation of an order of protection;
15                (vii) an offense under the Criminal Code of
16            1961 or the Criminal Code of 2012 involving a
17            firearm;
18                (viii) driving while under the influence of
19            alcohol, other drug or drugs, intoxicating
20            compound or compounds, or any combination thereof;
21                (ix) aggravated driving while under the
22            influence of alcohol, other drug or drugs,
23            intoxicating compound or compounds, or any
24            combination thereof; or
25                (x) any crime defined as a crime of violence
26            under Section 2 of the Crime Victims Compensation

 

 

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1            Act.
2        If a person has applied to the Board for a certificate
3    of eligibility for sealing and the Board denies the
4    certificate, the person must wait at least 4 years before
5    filing again or filing for pardon from the Governor unless
6    the Chairman of the Prisoner Review Board grants a waiver.
7        The decision to issue or refrain from issuing a
8    certificate of eligibility for sealing shall be at the
9    Board's sole discretion, and shall not give rise to any
10    cause of action against either the Board or its members.
11        The Board may only authorize the sealing of Class 3
12    and 4 felony convictions of the petitioner from one
13    information or indictment under this paragraph (10). A
14    petitioner may only receive one certificate of eligibility
15    for sealing under this provision for life; and
16        (11) upon a petition by a person who after having been
17    convicted of a Class 3 or Class 4 felony thereafter served
18    in the United States Armed Forces or National Guard of
19    this or any other state and had received an honorable
20    discharge from the United States Armed Forces or National
21    Guard or who at the time of filing the petition is enlisted
22    in the United States Armed Forces or National Guard of
23    this or any other state and served one tour of duty and who
24    meets the requirements of this paragraph, hear by at least
25    3 members and, with the unanimous vote of a panel of 3
26    members, issue a certificate of eligibility for

 

 

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1    expungement recommending that the court order the
2    expungement of all official records of the arresting
3    authority, the circuit court clerk, and the Illinois
4    Department of State Police concerning the arrest and
5    conviction for the Class 3 or 4 felony. A person may not
6    apply to the Board for a certificate of eligibility for
7    expungement:
8            (A) if convicted of:
9                (i) a sex offense described in Article 11 or
10            Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of
11            the Criminal Code of 1961 or Criminal Code of
12            2012;
13                (ii) an offense under the Criminal Code of
14            1961 or Criminal Code of 2012 involving a firearm;
15            or
16                (iii) a crime of violence as defined in
17            Section 2 of the Crime Victims Compensation Act;
18            or
19            (B) if the person has not served in the United
20        States Armed Forces or National Guard of this or any
21        other state or has not received an honorable discharge
22        from the United States Armed Forces or National Guard
23        of this or any other state or who at the time of the
24        filing of the petition is serving in the United States
25        Armed Forces or National Guard of this or any other
26        state and has not completed one tour of duty.

 

 

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1        If a person has applied to the Board for a certificate
2    of eligibility for expungement and the Board denies the
3    certificate, the person must wait at least 4 years before
4    filing again or filing for a pardon with authorization for
5    expungement from the Governor unless the Governor or
6    Chairman of the Prisoner Review Board grants a waiver.
7    (a-5) The Prisoner Review Board, with the cooperation of
8and in coordination with the Department of Corrections and the
9Department of Central Management Services, shall implement a
10pilot project in 3 correctional institutions providing for the
11conduct of hearings under paragraphs (1) and (4) of subsection
12(a) of this Section through interactive video conferences. The
13project shall be implemented within 6 months after January 1,
141997 (the effective date of Public Act 89-490) this amendatory
15Act of 1996. Within 6 months after the implementation of the
16pilot project, the Prisoner Review Board, with the cooperation
17of and in coordination with the Department of Corrections and
18the Department of Central Management Services, shall report to
19the Governor and the General Assembly regarding the use,
20costs, effectiveness, and future viability of interactive
21video conferences for Prisoner Review Board hearings.
22    (b) Upon recommendation of the Department the Board may
23restore sentence credit previously revoked.
24    (c) The Board shall cooperate with the Department in
25promoting an effective system of parole and mandatory
26supervised release.

 

 

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1    (d) The Board shall promulgate rules for the conduct of
2its work, and the Chairman shall file a copy of such rules and
3any amendments thereto with the Director and with the
4Secretary of State.
5    (e) The Board shall keep records of all of its official
6actions and shall make them accessible in accordance with law
7and the rules of the Board.
8    (f) The Board or one who has allegedly violated the
9conditions of his or her parole, aftercare release, or
10mandatory supervised release may require by subpoena the
11attendance and testimony of witnesses and the production of
12documentary evidence relating to any matter under
13investigation or hearing. The Chairman of the Board may sign
14subpoenas which shall be served by any agent or public
15official authorized by the Chairman of the Board, or by any
16person lawfully authorized to serve a subpoena under the laws
17of the State of Illinois. The attendance of witnesses, and the
18production of documentary evidence, may be required from any
19place in the State to a hearing location in the State before
20the Chairman of the Board or his or her designated agent or
21agents or any duly constituted Committee or Subcommittee of
22the Board. Witnesses so summoned shall be paid the same fees
23and mileage that are paid witnesses in the circuit courts of
24the State, and witnesses whose depositions are taken and the
25persons taking those depositions are each entitled to the same
26fees as are paid for like services in actions in the circuit

 

 

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1courts of the State. Fees and mileage shall be vouchered for
2payment when the witness is discharged from further
3attendance.
4    In case of disobedience to a subpoena, the Board may
5petition any circuit court of the State for an order requiring
6the attendance and testimony of witnesses or the production of
7documentary evidence or both. A copy of such petition shall be
8served by personal service or by registered or certified mail
9upon the person who has failed to obey the subpoena, and such
10person shall be advised in writing that a hearing upon the
11petition will be requested in a court room to be designated in
12such notice before the judge hearing motions or extraordinary
13remedies at a specified time, on a specified date, not less
14than 10 nor more than 15 days after the deposit of the copy of
15the written notice and petition in the U.S. mail mails
16addressed to the person at his or her last known address or
17after the personal service of the copy of the notice and
18petition upon such person. The court upon the filing of such a
19petition, may order the person refusing to obey the subpoena
20to appear at an investigation or hearing, or to there produce
21documentary evidence, if so ordered, or to give evidence
22relative to the subject matter of that investigation or
23hearing. Any failure to obey such order of the circuit court
24may be punished by that court as a contempt of court.
25    Each member of the Board and any hearing officer
26designated by the Board shall have the power to administer

 

 

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1oaths and to take the testimony of persons under oath.
2    (g) Except under subsection (a) of this Section, a
3majority of the members then appointed to the Prisoner Review
4Board shall constitute a quorum for the transaction of all
5business of the Board.
6    (h) The Prisoner Review Board shall annually transmit to
7the Director a detailed report of its work for the preceding
8calendar year. The annual report shall also be transmitted to
9the Governor for submission to the Legislature.
10(Source: P.A. 100-1182, eff. 6-1-19; 101-288, eff. 1-1-20;
11revised 8-19-20.)
 
12    (730 ILCS 5/3-14-1)  (from Ch. 38, par. 1003-14-1)
13    Sec. 3-14-1. Release from the institution.
14    (a) Upon release of a person on parole, mandatory release,
15final discharge or pardon the Department shall return all
16property held for him, provide him with suitable clothing and
17procure necessary transportation for him to his designated
18place of residence and employment. It may provide such person
19with a grant of money for travel and expenses which may be paid
20in installments. The amount of the money grant shall be
21determined by the Department.
22    (a-1) The Department shall, before a wrongfully imprisoned
23person, as defined in Section 3-1-2 of this Code, is
24discharged from the Department, provide him or her with any
25documents necessary after discharge.

 

 

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1    (a-2) The Department of Corrections may establish and
2maintain, in any institution it administers, revolving funds
3to be known as "Travel and Allowances Revolving Funds". These
4revolving funds shall be used for advancing travel and expense
5allowances to committed, paroled, and discharged prisoners.
6The moneys paid into such revolving funds shall be from
7appropriations to the Department for Committed, Paroled, and
8Discharged Prisoners.
9    (a-3) Upon release of a person who is eligible to vote on
10parole, mandatory release, final discharge, or pardon, the
11Department shall provide the person with a form that informs
12him or her that his or her voting rights have been restored and
13a voter registration application. The Department shall have
14available voter registration applications in the languages
15provided by the Illinois State Board of Elections. The form
16that informs the person that his or her rights have been
17restored shall include the following information:
18        (1) All voting rights are restored upon release from
19    the Department's custody.
20        (2) A person who is eligible to vote must register in
21    order to be able to vote.
22    The Department of Corrections shall confirm that the
23person received the voter registration application and has
24been informed that his or her voting rights have been
25restored.
26    (a-4) (a-3) Prior to release of a person on parole,

 

 

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1mandatory supervised release, final discharge, or pardon, the
2Department shall screen every person for Medicaid eligibility.
3Officials of the correctional institution or facility where
4the committed person is assigned shall assist an eligible
5person to complete a Medicaid application to ensure that the
6person begins receiving benefits as soon as possible after his
7or her release. The application must include the eligible
8person's address associated with his or her residence upon
9release from the facility. If the residence is temporary, the
10eligible person must notify the Department of Human Services
11of his or her change in address upon transition to permanent
12housing.
13    (b) (Blank).
14    (c) Except as otherwise provided in this Code, the
15Department shall establish procedures to provide written
16notification of any release of any person who has been
17convicted of a felony to the State's Attorney and sheriff of
18the county from which the offender was committed, and the
19State's Attorney and sheriff of the county into which the
20offender is to be paroled or released. Except as otherwise
21provided in this Code, the Department shall establish
22procedures to provide written notification to the proper law
23enforcement agency for any municipality of any release of any
24person who has been convicted of a felony if the arrest of the
25offender or the commission of the offense took place in the
26municipality, if the offender is to be paroled or released

 

 

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1into the municipality, or if the offender resided in the
2municipality at the time of the commission of the offense. If a
3person convicted of a felony who is in the custody of the
4Department of Corrections or on parole or mandatory supervised
5release informs the Department that he or she has resided,
6resides, or will reside at an address that is a housing
7facility owned, managed, operated, or leased by a public
8housing agency, the Department must send written notification
9of that information to the public housing agency that owns,
10manages, operates, or leases the housing facility. The written
11notification shall, when possible, be given at least 14 days
12before release of the person from custody, or as soon
13thereafter as possible. The written notification shall be
14provided electronically if the State's Attorney, sheriff,
15proper law enforcement agency, or public housing agency has
16provided the Department with an accurate and up to date email
17address.
18    (c-1) (Blank).
19    (c-2) The Department shall establish procedures to provide
20notice to the Illinois Department of State Police of the
21release or discharge of persons convicted of violations of the
22Methamphetamine Control and Community Protection Act or a
23violation of the Methamphetamine Precursor Control Act. The
24Illinois Department of State Police shall make this
25information available to local, State, or federal law
26enforcement agencies upon request.

 

 

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1    (c-5) If a person on parole or mandatory supervised
2release becomes a resident of a facility licensed or regulated
3by the Department of Public Health, the Illinois Department of
4Public Aid, or the Illinois Department of Human Services, the
5Department of Corrections shall provide copies of the
6following information to the appropriate licensing or
7regulating Department and the licensed or regulated facility
8where the person becomes a resident:
9        (1) The mittimus and any pre-sentence investigation
10    reports.
11        (2) The social evaluation prepared pursuant to Section
12    3-8-2.
13        (3) Any pre-release evaluation conducted pursuant to
14    subsection (j) of Section 3-6-2.
15        (4) Reports of disciplinary infractions and
16    dispositions.
17        (5) Any parole plan, including orders issued by the
18    Prisoner Review Board, and any violation reports and
19    dispositions.
20        (6) The name and contact information for the assigned
21    parole agent and parole supervisor.
22    This information shall be provided within 3 days of the
23person becoming a resident of the facility.
24    (c-10) If a person on parole or mandatory supervised
25release becomes a resident of a facility licensed or regulated
26by the Department of Public Health, the Illinois Department of

 

 

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1Public Aid, or the Illinois Department of Human Services, the
2Department of Corrections shall provide written notification
3of such residence to the following:
4        (1) The Prisoner Review Board.
5        (2) The chief of police and sheriff in the
6    municipality and county in which the licensed facility is
7    located.
8    The notification shall be provided within 3 days of the
9person becoming a resident of the facility.
10    (d) Upon the release of a committed person on parole,
11mandatory supervised release, final discharge or pardon, the
12Department shall provide such person with information
13concerning programs and services of the Illinois Department of
14Public Health to ascertain whether such person has been
15exposed to the human immunodeficiency virus (HIV) or any
16identified causative agent of Acquired Immunodeficiency
17Syndrome (AIDS).
18    (e) Upon the release of a committed person on parole,
19mandatory supervised release, final discharge, pardon, or who
20has been wrongfully imprisoned, the Department shall verify
21the released person's full name, date of birth, and social
22security number. If verification is made by the Department by
23obtaining a certified copy of the released person's birth
24certificate and the released person's social security card or
25other documents authorized by the Secretary, the Department
26shall provide the birth certificate and social security card

 

 

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1or other documents authorized by the Secretary to the released
2person. If verification by the Department is done by means
3other than obtaining a certified copy of the released person's
4birth certificate and the released person's social security
5card or other documents authorized by the Secretary, the
6Department shall complete a verification form, prescribed by
7the Secretary of State, and shall provide that verification
8form to the released person.
9    (f) Forty-five days prior to the scheduled discharge of a
10person committed to the custody of the Department of
11Corrections, the Department shall give the person who is
12otherwise uninsured an opportunity to apply for health care
13coverage including medical assistance under Article V of the
14Illinois Public Aid Code in accordance with subsection (b) of
15Section 1-8.5 of the Illinois Public Aid Code, and the
16Department of Corrections shall provide assistance with
17completion of the application for health care coverage
18including medical assistance. The Department may adopt rules
19to implement this Section.
20(Source: P.A. 101-351, eff. 1-1-20; 101-442, eff. 1-1-20;
21revised 9-9-19.)
 
22    (730 ILCS 5/3-14-1.5)
23    Sec. 3-14-1.5. Parole agents and parole supervisors;
24off-duty firearms. Subsections 24-1(a)(4) and 24-1(a)(10) and
25Section 24-1.6 of the Criminal Code of 2012 do not apply to

 

 

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1parole agents and parole supervisors who meet the following
2conditions:
3    (1) The parole agent or parole supervisor must receive
4training in the use of firearms while off-duty conducted by
5the Illinois Law Enforcement Training Standards Board and be
6certified as having successfully completing such training by
7the Board. The Board shall determine the amount of such
8training and the course content for such training. The parole
9agent or parole supervisor shall requalify for the firearms
10training annually at a State range certified by the Illinois
11Law Enforcement Training Standards Board. The expenses of such
12retraining shall be paid by the parole agent or parole
13supervisor and moneys for such requalification shall be
14expended at the request of the Illinois Law Enforcement
15Training Standards Board.
16    (2) The parole agent or parole supervisor shall purchase
17such firearm at his or her own expense and shall register the
18firearm with the Illinois Department of State Police and with
19any other local law enforcement agencies that require such
20registration.
21    (3) The parole agent or parole supervisor may not carry
22any Illinois Department of Corrections State issued firearm
23while off-duty. A person who violates this paragraph (3) is
24subject to disciplinary action by the Illinois Department of
25Corrections.
26    (4) Parole agents and supervisors who are discharged from

 

 

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1employment of the Illinois Department of Corrections shall no
2longer be considered law enforcement officials and all their
3rights as law enforcement officials shall be revoked
4permanently.
5(Source: P.A. 96-230, eff. 1-1-10; 97-333, eff. 8-12-11;
697-1150, eff. 1-25-13.)
 
7    (730 ILCS 5/3-17-5)
8    Sec. 3-17-5. Transitional housing; licensing.
9    (a) The Department of Corrections shall license
10transitional housing facilities for persons convicted of or
11placed on supervision for sex offenses as defined in the Sex
12Offender Management Board Act.
13    (b) A transitional housing facility must meet the
14following criteria to be licensed by the Department:
15        (1) The facility shall provide housing to a sex
16    offender who is in compliance with his or her parole,
17    mandatory supervised release, probation, or supervision
18    order for a period not to exceed 90 days, unless extended
19    with approval from the Director or his or her designee.
20    Notice of any extension approved shall be provided to the
21    Prisoner Review Board.
22        (2) The Department of Corrections must approve a
23    treatment plan and counseling for each sex offender
24    residing in the transitional housing.
25        (3) The transitional housing facility must provide

 

 

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1    security 24 hours each day and 7 days each week as defined
2    and approved by the Department.
3        (4) The facility must notify the police department,
4    public and private elementary and secondary schools,
5    public libraries, and each residential home and apartment
6    complex located within 500 feet of the transitional
7    housing facility of its initial licensure as a
8    transitional housing facility, and of its continuing
9    operation as a transitional housing facility annually
10    thereafter.
11        (5) Upon its initial licensure as a transitional
12    housing facility and during its licensure, each facility
13    shall maintain at its main entrance a visible and
14    conspicuous exterior sign identifying itself as, in
15    letters at least 4 inches tall, a "Department of
16    Corrections Licensed Transitional Housing Facility".
17        (6) Upon its initial licensure as a transitional
18    housing facility, each facility shall file in the office
19    of the county clerk of the county in which such facility is
20    located, a certificate setting forth the name under which
21    the facility is, or is to be, operated, and the true or
22    real full name or names of the person, persons or entity
23    operating the same, with the address of the facility. The
24    certificate shall be executed and duly acknowledged by the
25    person or persons so operating or intending to operate the
26    facility. Notice of the filing of the certificate shall be

 

 

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1    published in a newspaper of general circulation published
2    within the county in which the certificate is filed. The
3    notice shall be published once a week for 3 consecutive
4    weeks. The first publication shall be within 15 days after
5    the certificate is filed in the office of the county
6    clerk. Proof of publication shall be filed with the county
7    clerk within 50 days from the date of filing the
8    certificate. Upon receiving proof of publication, the
9    clerk shall issue a receipt to the person filing the
10    certificate, but no additional charge shall be assessed by
11    the clerk for giving such receipt. Unless proof of
12    publication is made to the clerk, the notification is
13    void.
14        (7) Each licensed transitional housing facility shall
15    be identified on the Illinois State Police Sex Offender
16    Registry website, including the address of the facility
17    together with the maximum possible number of sex offenders
18    that the facility could house.
19    (c) The Department of Corrections shall establish rules
20consistent with this Section establishing licensing procedures
21and criteria for transitional housing facilities for sex
22offenders, and may create criteria for, and issue licenses
23for, different levels of facilities to be licensed. The
24Department is authorized to set and charge a licensing fee for
25each application for a transitional housing license. The rules
26shall be adopted within 60 days after the effective date of

 

 

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1this amendatory Act of the 94th General Assembly. Facilities
2which on the effective date of this amendatory Act of the 94th
3General Assembly are currently housing and providing sex
4offender treatment to sex offenders may continue housing more
5than one sex offender on parole, mandatory supervised release,
6probation, or supervision for a period of 120 days after the
7adoption of licensure rules during which time the facility
8shall apply for a transitional housing license.
9    (d) The Department of Corrections shall maintain a file on
10each sex offender housed in a transitional housing facility.
11The file shall contain efforts of the Department in placing a
12sex offender in non-transitional housing, efforts of the
13Department to place the sex offender in a county from which he
14or she was convicted, the anticipated length of stay of each
15sex offender in the transitional housing facility, the number
16of sex offenders residing in the transitional housing
17facility, and the services to be provided the sex offender
18while he or she resides in the transitional housing facility.
19    (e) The Department of Corrections shall, on or before
20December 31 of each year, file a report with the General
21Assembly on the number of transitional housing facilities for
22sex offenders licensed by the Department, the addresses of
23each licensed facility, how many sex offenders are housed in
24each facility, and the particular sex offense that each
25resident of the transitional housing facility committed.
26(Source: P.A. 94-161, eff. 7-11-05; 95-331, eff. 8-21-07.)
 

 

 

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1    (730 ILCS 5/5-2-4)  (from Ch. 38, par. 1005-2-4)
2    Sec. 5-2-4. Proceedings after acquittal by reason of
3insanity.
4    (a) After a finding or verdict of not guilty by reason of
5insanity under Sections 104-25, 115-3, or 115-4 of the Code of
6Criminal Procedure of 1963, the defendant shall be ordered to
7the Department of Human Services for an evaluation as to
8whether he is in need of mental health services. The order
9shall specify whether the evaluation shall be conducted on an
10inpatient or outpatient basis. If the evaluation is to be
11conducted on an inpatient basis, the defendant shall be placed
12in a secure setting. With the court order for evaluation shall
13be sent a copy of the arrest report, criminal charges, arrest
14record, jail record, any report prepared under Section 115-6
15of the Code of Criminal Procedure of 1963, and any statement
16prepared under Section 6 of the Rights of Crime Victims and
17Witnesses Act. The clerk of the circuit court shall transmit
18this information to the Department within 5 days. If the court
19orders that the evaluation be done on an inpatient basis, the
20Department shall evaluate the defendant to determine to which
21secure facility the defendant shall be transported and, within
2220 days of the transmittal by the clerk of the circuit court of
23the placement court order, notify the sheriff of the
24designated facility. Upon receipt of that notice, the sheriff
25shall promptly transport the defendant to the designated

 

 

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1facility. During the period of time required to determine the
2appropriate placement, the defendant shall remain in jail. If,
3within 20 days of the transmittal by the clerk of the circuit
4court of the placement court order, the Department fails to
5notify the sheriff of the identity of the facility to which the
6defendant shall be transported, the sheriff shall contact a
7designated person within the Department to inquire about when
8a placement will become available at the designated facility
9and bed availability at other facilities. If, within 20 days
10of the transmittal by the clerk of the circuit court of the
11placement court order, the Department fails to notify the
12sheriff of the identity of the facility to which the defendant
13shall be transported, the sheriff shall notify the Department
14of its intent to transfer the defendant to the nearest secure
15mental health facility operated by the Department and inquire
16as to the status of the placement evaluation and availability
17for admission to the facility operated by the Department by
18contacting a designated person within the Department. The
19Department shall respond to the sheriff within 2 business days
20of the notice and inquiry by the sheriff seeking the transfer
21and the Department shall provide the sheriff with the status
22of the placement evaluation, information on bed and placement
23availability, and an estimated date of admission for the
24defendant and any changes to that estimated date of admission.
25If the Department notifies the sheriff during the 2 business
26day period of a facility operated by the Department with

 

 

HB3655- 2153 -LRB102 16922 WGH 22334 b

1placement availability, the sheriff shall promptly transport
2the defendant to that facility. Individualized placement
3evaluations by the Department of Human Services determine the
4most appropriate setting for forensic treatment based upon a
5number of factors including mental health diagnosis, proximity
6to surviving victims, security need, age, gender, and
7proximity to family.
8    The Department shall provide the Court with a report of
9its evaluation within 30 days of the date of this order. The
10Court shall hold a hearing as provided under the Mental Health
11and Developmental Disabilities Code to determine if the
12individual is: (a) in need of mental health services on an
13inpatient basis; (b) in need of mental health services on an
14outpatient basis; (c) a person not in need of mental health
15services. The court shall afford the victim the opportunity to
16make a written or oral statement as guaranteed by Article I,
17Section 8.1 of the Illinois Constitution and Section 6 of the
18Rights of Crime Victims and Witnesses Act. The court shall
19allow a victim to make an oral statement if the victim is
20present in the courtroom and requests to make an oral
21statement. An oral statement includes the victim or a
22representative of the victim reading the written statement.
23The court may allow persons impacted by the crime who are not
24victims under subsection (a) of Section 3 of the Rights of
25Crime Victims and Witnesses Act to present an oral or written
26statement. A victim and any person making an oral statement

 

 

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1shall not be put under oath or subject to cross-examination.
2The court shall consider any statement presented along with
3all other appropriate factors in determining the sentence of
4the defendant or disposition of the juvenile. All statements
5shall become part of the record of the court.
6    If the defendant is found to be in need of mental health
7services on an inpatient care basis, the Court shall order the
8defendant to the Department of Human Services. The defendant
9shall be placed in a secure setting. Such defendants placed in
10a secure setting shall not be permitted outside the facility's
11housing unit unless escorted or accompanied by personnel of
12the Department of Human Services or with the prior approval of
13the Court for unsupervised on-grounds privileges as provided
14herein. Any defendant placed in a secure setting pursuant to
15this Section, transported to court hearings or other necessary
16appointments off facility grounds by personnel of the
17Department of Human Services, shall be placed in security
18devices or otherwise secured during the period of
19transportation to assure secure transport of the defendant and
20the safety of Department of Human Services personnel and
21others. These security measures shall not constitute restraint
22as defined in the Mental Health and Developmental Disabilities
23Code. If the defendant is found to be in need of mental health
24services, but not on an inpatient care basis, the Court shall
25conditionally release the defendant, under such conditions as
26set forth in this Section as will reasonably assure the

 

 

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1defendant's satisfactory progress and participation in
2treatment or rehabilitation and the safety of the defendant,
3the victim, the victim's family members, and others. If the
4Court finds the person not in need of mental health services,
5then the Court shall order the defendant discharged from
6custody.
7    (a-1) Definitions. For the purposes of this Section:
8        (A) (Blank).
9        (B) "In need of mental health services on an inpatient
10    basis" means: a defendant who has been found not guilty by
11    reason of insanity but who, due to mental illness, is
12    reasonably expected to inflict serious physical harm upon
13    himself or another and who would benefit from inpatient
14    care or is in need of inpatient care.
15        (C) "In need of mental health services on an
16    outpatient basis" means: a defendant who has been found
17    not guilty by reason of insanity who is not in need of
18    mental health services on an inpatient basis, but is in
19    need of outpatient care, drug and/or alcohol
20    rehabilitation programs, community adjustment programs,
21    individual, group, or family therapy, or chemotherapy.
22        (D) "Conditional Release" means: the release from
23    either the custody of the Department of Human Services or
24    the custody of the Court of a person who has been found not
25    guilty by reason of insanity under such conditions as the
26    Court may impose which reasonably assure the defendant's

 

 

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1    satisfactory progress in treatment or habilitation and the
2    safety of the defendant, the victim, the victim's family,
3    and others. The Court shall consider such terms and
4    conditions which may include, but need not be limited to,
5    outpatient care, alcoholic and drug rehabilitation
6    programs, community adjustment programs, individual,
7    group, family, and chemotherapy, random testing to ensure
8    the defendant's timely and continuous taking of any
9    medicines prescribed to control or manage his or her
10    conduct or mental state, and periodic checks with the
11    legal authorities and/or the Department of Human Services.
12    The Court may order as a condition of conditional release
13    that the defendant not contact the victim of the offense
14    that resulted in the finding or verdict of not guilty by
15    reason of insanity or any other person. The Court may
16    order the Department of Human Services to provide care to
17    any person conditionally released under this Section. The
18    Department may contract with any public or private agency
19    in order to discharge any responsibilities imposed under
20    this Section. The Department shall monitor the provision
21    of services to persons conditionally released under this
22    Section and provide periodic reports to the Court
23    concerning the services and the condition of the
24    defendant. Whenever a person is conditionally released
25    pursuant to this Section, the State's Attorney for the
26    county in which the hearing is held shall designate in

 

 

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1    writing the name, telephone number, and address of a
2    person employed by him or her who shall be notified in the
3    event that either the reporting agency or the Department
4    decides that the conditional release of the defendant
5    should be revoked or modified pursuant to subsection (i)
6    of this Section. Such conditional release shall be for a
7    period of five years. However, the defendant, the person
8    or facility rendering the treatment, therapy, program or
9    outpatient care, the Department, or the State's Attorney
10    may petition the Court for an extension of the conditional
11    release period for an additional 5 years. Upon receipt of
12    such a petition, the Court shall hold a hearing consistent
13    with the provisions of paragraph (a), this paragraph
14    (a-1), and paragraph (f) of this Section, shall determine
15    whether the defendant should continue to be subject to the
16    terms of conditional release, and shall enter an order
17    either extending the defendant's period of conditional
18    release for an additional 5-year period or discharging the
19    defendant. Additional 5-year periods of conditional
20    release may be ordered following a hearing as provided in
21    this Section. However, in no event shall the defendant's
22    period of conditional release continue beyond the maximum
23    period of commitment ordered by the Court pursuant to
24    paragraph (b) of this Section. These provisions for
25    extension of conditional release shall only apply to
26    defendants conditionally released on or after August 8,

 

 

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1    2003. However, the extension provisions of Public Act
2    83-1449 apply only to defendants charged with a forcible
3    felony.
4        (E) "Facility director" means the chief officer of a
5    mental health or developmental disabilities facility or
6    his or her designee or the supervisor of a program of
7    treatment or habilitation or his or her designee.
8    "Designee" may include a physician, clinical psychologist,
9    social worker, nurse, or clinical professional counselor.
10    (b) If the Court finds the defendant in need of mental
11health services on an inpatient basis, the admission,
12detention, care, treatment or habilitation, treatment plans,
13review proceedings, including review of treatment and
14treatment plans, and discharge of the defendant after such
15order shall be under the Mental Health and Developmental
16Disabilities Code, except that the initial order for admission
17of a defendant acquitted of a felony by reason of insanity
18shall be for an indefinite period of time. Such period of
19commitment shall not exceed the maximum length of time that
20the defendant would have been required to serve, less credit
21for good behavior as provided in Section 5-4-1 of the Unified
22Code of Corrections, before becoming eligible for release had
23he been convicted of and received the maximum sentence for the
24most serious crime for which he has been acquitted by reason of
25insanity. The Court shall determine the maximum period of
26commitment by an appropriate order. During this period of

 

 

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1time, the defendant shall not be permitted to be in the
2community in any manner, including, but not limited to,
3off-grounds privileges, with or without escort by personnel of
4the Department of Human Services, unsupervised on-grounds
5privileges, discharge or conditional or temporary release,
6except by a plan as provided in this Section. In no event shall
7a defendant's continued unauthorized absence be a basis for
8discharge. Not more than 30 days after admission and every 90
9days thereafter so long as the initial order remains in
10effect, the facility director shall file a treatment plan
11report in writing with the court and forward a copy of the
12treatment plan report to the clerk of the court, the State's
13Attorney, and the defendant's attorney, if the defendant is
14represented by counsel, or to a person authorized by the
15defendant under the Mental Health and Developmental
16Disabilities Confidentiality Act to be sent a copy of the
17report. The report shall include an opinion as to whether the
18defendant is currently in need of mental health services on an
19inpatient basis or in need of mental health services on an
20outpatient basis. The report shall also summarize the basis
21for those findings and provide a current summary of the
22following items from the treatment plan: (1) an assessment of
23the defendant's treatment needs, (2) a description of the
24services recommended for treatment, (3) the goals of each type
25of element of service, (4) an anticipated timetable for the
26accomplishment of the goals, and (5) a designation of the

 

 

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1qualified professional responsible for the implementation of
2the plan. The report may also include unsupervised on-grounds
3privileges, off-grounds privileges (with or without escort by
4personnel of the Department of Human Services), home visits
5and participation in work programs, but only where such
6privileges have been approved by specific court order, which
7order may include such conditions on the defendant as the
8Court may deem appropriate and necessary to reasonably assure
9the defendant's satisfactory progress in treatment and the
10safety of the defendant and others.
11    (c) Every defendant acquitted of a felony by reason of
12insanity and subsequently found to be in need of mental health
13services shall be represented by counsel in all proceedings
14under this Section and under the Mental Health and
15Developmental Disabilities Code.
16        (1) The Court shall appoint as counsel the public
17    defender or an attorney licensed by this State.
18        (2) Upon filing with the Court of a verified statement
19    of legal services rendered by the private attorney
20    appointed pursuant to paragraph (1) of this subsection,
21    the Court shall determine a reasonable fee for such
22    services. If the defendant is unable to pay the fee, the
23    Court shall enter an order upon the State to pay the entire
24    fee or such amount as the defendant is unable to pay from
25    funds appropriated by the General Assembly for that
26    purpose.

 

 

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1    (d) When the facility director determines that:
2        (1) the defendant is no longer in need of mental
3    health services on an inpatient basis; and
4        (2) the defendant may be conditionally released
5    because he or she is still in need of mental health
6    services or that the defendant may be discharged as not in
7    need of any mental health services; or
8        (3) (blank);
9the facility director shall give written notice to the Court,
10State's Attorney and defense attorney. Such notice shall set
11forth in detail the basis for the recommendation of the
12facility director, and specify clearly the recommendations, if
13any, of the facility director, concerning conditional release.
14Any recommendation for conditional release shall include an
15evaluation of the defendant's need for psychotropic
16medication, what provisions should be made, if any, to ensure
17that the defendant will continue to receive psychotropic
18medication following discharge, and what provisions should be
19made to assure the safety of the defendant and others in the
20event the defendant is no longer receiving psychotropic
21medication. Within 30 days of the notification by the facility
22director, the Court shall set a hearing and make a finding as
23to whether the defendant is:
24        (i) (blank); or
25        (ii) in need of mental health services in the form of
26    inpatient care; or

 

 

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1        (iii) in need of mental health services but not
2    subject to inpatient care; or
3        (iv) no longer in need of mental health services; or
4        (v) (blank).
5    A crime victim shall be allowed to present an oral and
6written statement. The court shall allow a victim to make an
7oral statement if the victim is present in the courtroom and
8requests to make an oral statement. An oral statement includes
9the victim or a representative of the victim reading the
10written statement. A victim and any person making an oral
11statement shall not be put under oath or subject to
12cross-examination. All statements shall become part of the
13record of the court.
14    Upon finding by the Court, the Court shall enter its
15findings and such appropriate order as provided in subsections
16(a) and (a-1) of this Section.
17    (e) A defendant admitted pursuant to this Section, or any
18person on his behalf, may file a petition for treatment plan
19review or discharge or conditional release under the standards
20of this Section in the Court which rendered the verdict. Upon
21receipt of a petition for treatment plan review or discharge
22or conditional release, the Court shall set a hearing to be
23held within 120 days. Thereafter, no new petition may be filed
24for 180 days without leave of the Court.
25    (f) The Court shall direct that notice of the time and
26place of the hearing be served upon the defendant, the

 

 

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1facility director, the State's Attorney, and the defendant's
2attorney. If requested by either the State or the defense or if
3the Court feels it is appropriate, an impartial examination of
4the defendant by a psychiatrist or clinical psychologist as
5defined in Section 1-103 of the Mental Health and
6Developmental Disabilities Code who is not in the employ of
7the Department of Human Services shall be ordered, and the
8report considered at the time of the hearing.
9    (g) The findings of the Court shall be established by
10clear and convincing evidence. The burden of proof and the
11burden of going forth with the evidence rest with the
12defendant or any person on the defendant's behalf when a
13hearing is held to review a petition filed by or on behalf of
14the defendant. The evidence shall be presented in open Court
15with the right of confrontation and cross-examination. Such
16evidence may include, but is not limited to:
17        (1) whether the defendant appreciates the harm caused
18    by the defendant to others and the community by his or her
19    prior conduct that resulted in the finding of not guilty
20    by reason of insanity;
21        (2) Whether the person appreciates the criminality of
22    conduct similar to the conduct for which he or she was
23    originally charged in this matter;
24        (3) the current state of the defendant's illness;
25        (4) what, if any, medications the defendant is taking
26    to control his or her mental illness;

 

 

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1        (5) what, if any, adverse physical side effects the
2    medication has on the defendant;
3        (6) the length of time it would take for the
4    defendant's mental health to deteriorate if the defendant
5    stopped taking prescribed medication;
6        (7) the defendant's history or potential for alcohol
7    and drug abuse;
8        (8) the defendant's past criminal history;
9        (9) any specialized physical or medical needs of the
10    defendant;
11        (10) any family participation or involvement expected
12    upon release and what is the willingness and ability of
13    the family to participate or be involved;
14        (11) the defendant's potential to be a danger to
15    himself, herself, or others;
16        (11.5) a written or oral statement made by the victim;
17    and
18        (12) any other factor or factors the Court deems
19    appropriate.
20    (h) Before the court orders that the defendant be
21discharged or conditionally released, it shall order the
22facility director to establish a discharge plan that includes
23a plan for the defendant's shelter, support, and medication.
24If appropriate, the court shall order that the facility
25director establish a program to train the defendant in
26self-medication under standards established by the Department

 

 

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1of Human Services. If the Court finds, consistent with the
2provisions of this Section, that the defendant is no longer in
3need of mental health services it shall order the facility
4director to discharge the defendant. If the Court finds,
5consistent with the provisions of this Section, that the
6defendant is in need of mental health services, and no longer
7in need of inpatient care, it shall order the facility
8director to release the defendant under such conditions as the
9Court deems appropriate and as provided by this Section. Such
10conditional release shall be imposed for a period of 5 years as
11provided in paragraph (D) of subsection (a-1) and shall be
12subject to later modification by the Court as provided by this
13Section. If the Court finds consistent with the provisions in
14this Section that the defendant is in need of mental health
15services on an inpatient basis, it shall order the facility
16director not to discharge or release the defendant in
17accordance with paragraph (b) of this Section.
18    (i) If within the period of the defendant's conditional
19release the State's Attorney determines that the defendant has
20not fulfilled the conditions of his or her release, the
21State's Attorney may petition the Court to revoke or modify
22the conditional release of the defendant. Upon the filing of
23such petition the defendant may be remanded to the custody of
24the Department, or to any other mental health facility
25designated by the Department, pending the resolution of the
26petition. Nothing in this Section shall prevent the emergency

 

 

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1admission of a defendant pursuant to Article VI of Chapter III
2of the Mental Health and Developmental Disabilities Code or
3the voluntary admission of the defendant pursuant to Article
4IV of Chapter III of the Mental Health and Developmental
5Disabilities Code. If the Court determines, after hearing
6evidence, that the defendant has not fulfilled the conditions
7of release, the Court shall order a hearing to be held
8consistent with the provisions of paragraph (f) and (g) of
9this Section. At such hearing, if the Court finds that the
10defendant is in need of mental health services on an inpatient
11basis, it shall enter an order remanding him or her to the
12Department of Human Services or other facility. If the
13defendant is remanded to the Department of Human Services, he
14or she shall be placed in a secure setting unless the Court
15determines that there are compelling reasons that such
16placement is not necessary. If the Court finds that the
17defendant continues to be in need of mental health services
18but not on an inpatient basis, it may modify the conditions of
19the original release in order to reasonably assure the
20defendant's satisfactory progress in treatment and his or her
21safety and the safety of others in accordance with the
22standards established in paragraph (D) of subsection (a-1).
23Nothing in this Section shall limit a Court's contempt powers
24or any other powers of a Court.
25    (j) An order of admission under this Section does not
26affect the remedy of habeas corpus.

 

 

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1    (k) In the event of a conflict between this Section and the
2Mental Health and Developmental Disabilities Code or the
3Mental Health and Developmental Disabilities Confidentiality
4Act, the provisions of this Section shall govern.
5    (l) Public Act 90-593 shall apply to all persons who have
6been found not guilty by reason of insanity and who are
7presently committed to the Department of Mental Health and
8Developmental Disabilities (now the Department of Human
9Services).
10    (m) The Clerk of the Court shall transmit a certified copy
11of the order of discharge or conditional release to the
12Department of Human Services, to the sheriff of the county
13from which the defendant was admitted, to the Illinois
14Department of State Police, to the proper law enforcement
15agency for the municipality where the offense took place, and
16to the sheriff of the county into which the defendant is
17conditionally discharged. The Illinois Department of State
18Police shall maintain a centralized record of discharged or
19conditionally released defendants while they are under court
20supervision for access and use of appropriate law enforcement
21agencies.
22    (n) The provisions in this Section which allow allows a
23crime victim to make a written and oral statement do not apply
24if the defendant was under 18 years of age at the time the
25offense was committed.
26    (o) If any provision of this Section or its application to

 

 

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1any person or circumstance is held invalid, the invalidity of
2that provision does not affect any other provision or
3application of this Section that can be given effect without
4the invalid provision or application.
5(Source: P.A. 100-27, eff. 1-1-18; 100-424, eff. 1-1-18;
6100-863, eff. 8-14-18; 100-961, eff. 1-1-19; 101-81, eff.
77-12-19; revised 9-24-19.)
 
8    (730 ILCS 5/5-4-3)  (from Ch. 38, par. 1005-4-3)
9    Sec. 5-4-3. Specimens; genetic marker groups.
10    (a) Any person convicted of, found guilty under the
11Juvenile Court Act of 1987 for, or who received a disposition
12of court supervision for, a qualifying offense or attempt of a
13qualifying offense, convicted or found guilty of any offense
14classified as a felony under Illinois law, convicted or found
15guilty of any offense requiring registration under the Sex
16Offender Registration Act, found guilty or given supervision
17for any offense classified as a felony under the Juvenile
18Court Act of 1987, convicted or found guilty of, under the
19Juvenile Court Act of 1987, any offense requiring registration
20under the Sex Offender Registration Act, or institutionalized
21as a sexually dangerous person under the Sexually Dangerous
22Persons Act, or committed as a sexually violent person under
23the Sexually Violent Persons Commitment Act shall, regardless
24of the sentence or disposition imposed, be required to submit
25specimens of blood, saliva, or tissue to the Illinois

 

 

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1Department of State Police in accordance with the provisions
2of this Section, provided such person is:
3        (1) convicted of a qualifying offense or attempt of a
4    qualifying offense on or after July 1, 1990 and sentenced
5    to a term of imprisonment, periodic imprisonment, fine,
6    probation, conditional discharge or any other form of
7    sentence, or given a disposition of court supervision for
8    the offense;
9        (1.5) found guilty or given supervision under the
10    Juvenile Court Act of 1987 for a qualifying offense or
11    attempt of a qualifying offense on or after January 1,
12    1997;
13        (2) ordered institutionalized as a sexually dangerous
14    person on or after July 1, 1990;
15        (3) convicted of a qualifying offense or attempt of a
16    qualifying offense before July 1, 1990 and is presently
17    confined as a result of such conviction in any State
18    correctional facility or county jail or is presently
19    serving a sentence of probation, conditional discharge or
20    periodic imprisonment as a result of such conviction;
21        (3.5) convicted or found guilty of any offense
22    classified as a felony under Illinois law or found guilty
23    or given supervision for such an offense under the
24    Juvenile Court Act of 1987 on or after August 22, 2002;
25        (4) presently institutionalized as a sexually
26    dangerous person or presently institutionalized as a

 

 

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1    person found guilty but mentally ill of a sexual offense
2    or attempt to commit a sexual offense; or
3        (4.5) ordered committed as a sexually violent person
4    on or after the effective date of the Sexually Violent
5    Persons Commitment Act.
6    (a-1) Any person incarcerated in a facility of the
7Illinois Department of Corrections or the Illinois Department
8of Juvenile Justice on or after August 22, 2002, whether for a
9term of years, natural life, or a sentence of death, who has
10not yet submitted a specimen of blood, saliva, or tissue shall
11be required to submit a specimen of blood, saliva, or tissue
12prior to his or her final discharge, or release on parole,
13aftercare release, or mandatory supervised release, as a
14condition of his or her parole, aftercare release, or
15mandatory supervised release, or within 6 months from August
1613, 2009 (the effective date of Public Act 96-426), whichever
17is sooner. A person incarcerated on or after August 13, 2009
18(the effective date of Public Act 96-426) shall be required to
19submit a specimen within 45 days of incarceration, or prior to
20his or her final discharge, or release on parole, aftercare
21release, or mandatory supervised release, as a condition of
22his or her parole, aftercare release, or mandatory supervised
23release, whichever is sooner. These specimens shall be placed
24into the State or national DNA database, to be used in
25accordance with other provisions of this Section, by the
26Illinois State Police.

 

 

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1    (a-2) Any person sentenced to life imprisonment in a
2facility of the Illinois Department of Corrections after the
3effective date of this amendatory Act of the 94th General
4Assembly or sentenced to death after the effective date of
5this amendatory Act of the 94th General Assembly shall be
6required to provide a specimen of blood, saliva, or tissue
7within 45 days after sentencing or disposition at a collection
8site designated by the Illinois Department of State Police.
9Any person serving a sentence of life imprisonment in a
10facility of the Illinois Department of Corrections on the
11effective date of this amendatory Act of the 94th General
12Assembly or any person who is under a sentence of death on the
13effective date of this amendatory Act of the 94th General
14Assembly shall be required to provide a specimen of blood,
15saliva, or tissue upon request at a collection site designated
16by the Illinois Department of State Police.
17    (a-3) Any person seeking transfer to or residency in
18Illinois under Sections 3-3-11.05 through 3-3-11.5 of this
19Code, the Interstate Compact for Adult Offender Supervision,
20or the Interstate Agreements on Sexually Dangerous Persons Act
21shall be required to provide a specimen of blood, saliva, or
22tissue within 45 days after transfer to or residency in
23Illinois at a collection site designated by the Illinois
24Department of State Police.
25    (a-3.1) Any person required by an order of the court to
26submit a DNA specimen shall be required to provide a specimen

 

 

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1of blood, saliva, or tissue within 45 days after the court
2order at a collection site designated by the Illinois
3Department of State Police.
4    (a-3.2) On or after January 1, 2012 (the effective date of
5Public Act 97-383), any person arrested for any of the
6following offenses, after an indictment has been returned by a
7grand jury, or following a hearing pursuant to Section 109-3
8of the Code of Criminal Procedure of 1963 and a judge finds
9there is probable cause to believe the arrestee has committed
10one of the designated offenses, or an arrestee has waived a
11preliminary hearing shall be required to provide a specimen of
12blood, saliva, or tissue within 14 days after such indictment
13or hearing at a collection site designated by the Illinois
14Department of State Police:
15        (A) first degree murder;
16        (B) home invasion;
17        (C) predatory criminal sexual assault of a child;
18        (D) aggravated criminal sexual assault; or
19        (E) criminal sexual assault.
20    (a-3.3) Any person required to register as a sex offender
21under the Sex Offender Registration Act, regardless of the
22date of conviction as set forth in subsection (c-5.2) shall be
23required to provide a specimen of blood, saliva, or tissue
24within the time period prescribed in subsection (c-5.2) at a
25collection site designated by the Illinois Department of State
26Police.

 

 

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1    (a-5) Any person who was otherwise convicted of or
2received a disposition of court supervision for any other
3offense under the Criminal Code of 1961 or the Criminal Code of
42012 or who was found guilty or given supervision for such a
5violation under the Juvenile Court Act of 1987, may,
6regardless of the sentence imposed, be required by an order of
7the court to submit specimens of blood, saliva, or tissue to
8the Illinois Department of State Police in accordance with the
9provisions of this Section.
10    (b) Any person required by paragraphs (a)(1), (a)(1.5),
11(a)(2), (a)(3.5), and (a-5) to provide specimens of blood,
12saliva, or tissue shall provide specimens of blood, saliva, or
13tissue within 45 days after sentencing or disposition at a
14collection site designated by the Illinois Department of State
15Police.
16    (c) Any person required by paragraphs (a)(3), (a)(4), and
17(a)(4.5) to provide specimens of blood, saliva, or tissue
18shall be required to provide such specimens prior to final
19discharge or within 6 months from August 13, 2009 (the
20effective date of Public Act 96-426), whichever is sooner.
21These specimens shall be placed into the State or national DNA
22database, to be used in accordance with other provisions of
23this Act, by the Illinois State Police.
24    (c-5) Any person required by paragraph (a-3) to provide
25specimens of blood, saliva, or tissue shall, where feasible,
26be required to provide the specimens before being accepted for

 

 

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1conditioned residency in Illinois under the interstate compact
2or agreement, but no later than 45 days after arrival in this
3State.
4    (c-5.2) Unless it is determined that a registered sex
5offender has previously submitted a specimen of blood, saliva,
6or tissue that has been placed into the State DNA database, a
7person registering as a sex offender shall be required to
8submit a specimen at the time of his or her initial
9registration pursuant to the Sex Offender Registration Act or,
10for a person registered as a sex offender on or prior to
11January 1, 2012 (the effective date of Public Act 97-383),
12within one year of January 1, 2012 (the effective date of
13Public Act 97-383) or at the time of his or her next required
14registration.
15    (c-6) The Illinois Department of State Police may
16determine which type of specimen or specimens, blood, saliva,
17or tissue, is acceptable for submission to the Division of
18Forensic Services for analysis. The Illinois Department of
19State Police may require the submission of fingerprints from
20anyone required to give a specimen under this Act.
21    (d) The Illinois Department of State Police shall provide
22all equipment and instructions necessary for the collection of
23blood specimens. The collection of specimens shall be
24performed in a medically approved manner. Only a physician
25authorized to practice medicine, a registered nurse or other
26qualified person trained in venipuncture may withdraw blood

 

 

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1for the purposes of this Act. The specimens shall thereafter
2be forwarded to the Illinois Department of State Police,
3Division of Forensic Services, for analysis and categorizing
4into genetic marker groupings.
5    (d-1) The Illinois Department of State Police shall
6provide all equipment and instructions necessary for the
7collection of saliva specimens. The collection of saliva
8specimens shall be performed in a medically approved manner.
9Only a person trained in the instructions promulgated by the
10Illinois State Police on collecting saliva may collect saliva
11for the purposes of this Section. The specimens shall
12thereafter be forwarded to the Illinois Department of State
13Police, Division of Forensic Services, for analysis and
14categorizing into genetic marker groupings.
15    (d-2) The Illinois Department of State Police shall
16provide all equipment and instructions necessary for the
17collection of tissue specimens. The collection of tissue
18specimens shall be performed in a medically approved manner.
19Only a person trained in the instructions promulgated by the
20Illinois State Police on collecting tissue may collect tissue
21for the purposes of this Section. The specimens shall
22thereafter be forwarded to the Illinois Department of State
23Police, Division of Forensic Services, for analysis and
24categorizing into genetic marker groupings.
25    (d-5) To the extent that funds are available, the Illinois
26Department of State Police shall contract with qualified

 

 

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1personnel and certified laboratories for the collection,
2analysis, and categorization of known specimens, except as
3provided in subsection (n) of this Section.
4    (d-6) Agencies designated by the Illinois Department of
5State Police and the Illinois Department of State Police may
6contract with third parties to provide for the collection or
7analysis of DNA, or both, of an offender's blood, saliva, and
8tissue specimens, except as provided in subsection (n) of this
9Section.
10    (e) The genetic marker groupings shall be maintained by
11the Illinois Department of State Police, Division of Forensic
12Services.
13    (f) The genetic marker grouping analysis information
14obtained pursuant to this Act shall be confidential and shall
15be released only to peace officers of the United States, of
16other states or territories, of the insular possessions of the
17United States, of foreign countries duly authorized to receive
18the same, to all peace officers of the State of Illinois and to
19all prosecutorial agencies, and to defense counsel as provided
20by Section 116-5 of the Code of Criminal Procedure of 1963. The
21genetic marker grouping analysis information obtained pursuant
22to this Act shall be used only for (i) valid law enforcement
23identification purposes and as required by the Federal Bureau
24of Investigation for participation in the National DNA
25database, (ii) technology validation purposes, (iii) a
26population statistics database, (iv) quality assurance

 

 

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1purposes if personally identifying information is removed, (v)
2assisting in the defense of the criminally accused pursuant to
3Section 116-5 of the Code of Criminal Procedure of 1963, or
4(vi) identifying and assisting in the prosecution of a person
5who is suspected of committing a sexual assault as defined in
6Section 1a of the Sexual Assault Survivors Emergency Treatment
7Act. Notwithstanding any other statutory provision to the
8contrary, all information obtained under this Section shall be
9maintained in a single State data base, which may be uploaded
10into a national database, and which information may be subject
11to expungement only as set forth in subsection (f-1).
12    (f-1) Upon receipt of notification of a reversal of a
13conviction based on actual innocence, or of the granting of a
14pardon pursuant to Section 12 of Article V of the Illinois
15Constitution, if that pardon document specifically states that
16the reason for the pardon is the actual innocence of an
17individual whose DNA record has been stored in the State or
18national DNA identification index in accordance with this
19Section by the Illinois Department of State Police, the DNA
20record shall be expunged from the DNA identification index,
21and the Department shall by rule prescribe procedures to
22ensure that the record and any specimens, analyses, or other
23documents relating to such record, whether in the possession
24of the Department or any law enforcement or police agency, or
25any forensic DNA laboratory, including any duplicates or
26copies thereof, are destroyed and a letter is sent to the court

 

 

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1verifying the expungement is completed. For specimens required
2to be collected prior to conviction, unless the individual has
3other charges or convictions that require submission of a
4specimen, the DNA record for an individual shall be expunged
5from the DNA identification databases and the specimen
6destroyed upon receipt of a certified copy of a final court
7order for each charge against an individual in which the
8charge has been dismissed, resulted in acquittal, or that the
9charge was not filed within the applicable time period. The
10Department shall by rule prescribe procedures to ensure that
11the record and any specimens in the possession or control of
12the Department are destroyed and a letter is sent to the court
13verifying the expungement is completed.
14    (f-5) Any person who intentionally uses genetic marker
15grouping analysis information, or any other information
16derived from a DNA specimen, beyond the authorized uses as
17provided under this Section, or any other Illinois law, is
18guilty of a Class 4 felony, and shall be subject to a fine of
19not less than $5,000.
20    (f-6) The Illinois Department of State Police may contract
21with third parties for the purposes of implementing this
22amendatory Act of the 93rd General Assembly, except as
23provided in subsection (n) of this Section. Any other party
24contracting to carry out the functions of this Section shall
25be subject to the same restrictions and requirements of this
26Section insofar as applicable, as the Illinois Department of

 

 

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1State Police, and to any additional restrictions imposed by
2the Illinois Department of State Police.
3    (g) For the purposes of this Section, "qualifying offense"
4means any of the following:
5        (1) any violation or inchoate violation of Section
6    11-1.50, 11-1.60, 11-6, 11-9.1, 11-11, 11-18.1, 12-15, or
7    12-16 of the Criminal Code of 1961 or the Criminal Code of
8    2012;
9        (1.1) any violation or inchoate violation of Section
10    9-1, 9-2, 10-1, 10-2, 12-11, 12-11.1, 18-1, 18-2, 18-3,
11    18-4, 18-6, 19-1, 19-2, or 19-6 of the Criminal Code of
12    1961 or the Criminal Code of 2012 for which persons are
13    convicted on or after July 1, 2001;
14        (2) any former statute of this State which defined a
15    felony sexual offense;
16        (3) (blank);
17        (4) any inchoate violation of Section 9-3.1, 9-3.4,
18    11-9.3, 12-7.3, or 12-7.4 of the Criminal Code of 1961 or
19    the Criminal Code of 2012; or
20        (5) any violation or inchoate violation of Article 29D
21    of the Criminal Code of 1961 or the Criminal Code of 2012.
22    (g-5) (Blank).
23    (h) The Illinois Department of State Police shall be the
24State central repository for all genetic marker grouping
25analysis information obtained pursuant to this Act. The
26Illinois Department of State Police may promulgate rules for

 

 

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1the form and manner of the collection of blood, saliva, or
2tissue specimens and other procedures for the operation of
3this Act. The provisions of the Administrative Review Law
4shall apply to all actions taken under the rules so
5promulgated.
6    (i) (1) A person required to provide a blood, saliva, or
7    tissue specimen shall cooperate with the collection of the
8    specimen and any deliberate act by that person intended to
9    impede, delay or stop the collection of the blood, saliva,
10    or tissue specimen is a Class 4 felony.
11        (2) In the event that a person's DNA specimen is not
12    adequate for any reason, the person shall provide another
13    DNA specimen for analysis. Duly authorized law enforcement
14    and corrections personnel may employ reasonable force in
15    cases in which an individual refuses to provide a DNA
16    specimen required under this Act.
17    (j) (Blank).
18    (k) All analysis and categorization assessments provided
19under the Criminal and Traffic Assessments Act to the State
20Offender DNA Identification System Fund shall be regulated as
21follows:
22        (1) The State Offender DNA Identification System Fund
23    is hereby created as a special fund in the State Treasury.
24        (2) (Blank).
25        (3) Moneys deposited into the State Offender DNA
26    Identification System Fund shall be used by Illinois State

 

 

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1    Police crime laboratories as designated by the Director of
2    the Illinois State Police. These funds shall be in
3    addition to any allocations made pursuant to existing laws
4    and shall be designated for the exclusive use of State
5    crime laboratories. These uses may include, but are not
6    limited to, the following:
7            (A) Costs incurred in providing analysis and
8        genetic marker categorization as required by
9        subsection (d).
10            (B) Costs incurred in maintaining genetic marker
11        groupings as required by subsection (e).
12            (C) Costs incurred in the purchase and maintenance
13        of equipment for use in performing analyses.
14            (D) Costs incurred in continuing research and
15        development of new techniques for analysis and genetic
16        marker categorization.
17            (E) Costs incurred in continuing education,
18        training, and professional development of forensic
19        scientists regularly employed by these laboratories.
20    (l) The failure of a person to provide a specimen, or of
21any person or agency to collect a specimen, shall in no way
22alter the obligation of the person to submit such specimen, or
23the authority of the Illinois Department of State Police or
24persons designated by the Department to collect the specimen,
25or the authority of the Illinois Department of State Police to
26accept, analyze and maintain the specimen or to maintain or

 

 

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1upload results of genetic marker grouping analysis information
2into a State or national database.
3    (m) If any provision of this amendatory Act of the 93rd
4General Assembly is held unconstitutional or otherwise
5invalid, the remainder of this amendatory Act of the 93rd
6General Assembly is not affected.
7    (n) Neither the Illinois Department of State Police, the
8Division of Forensic Services, nor any laboratory of the
9Division of Forensic Services may contract out forensic
10testing for the purpose of an active investigation or a matter
11pending before a court of competent jurisdiction without the
12written consent of the prosecuting agency. For the purposes of
13this subsection (n), "forensic testing" includes the analysis
14of physical evidence in an investigation or other proceeding
15for the prosecution of a violation of the Criminal Code of 1961
16or the Criminal Code of 2012 or for matters adjudicated under
17the Juvenile Court Act of 1987, and includes the use of
18forensic databases and databanks, including DNA, firearm, and
19fingerprint databases, and expert testimony.
20    (o) Mistake does not invalidate a database match. The
21detention, arrest, or conviction of a person based upon a
22database match or database information is not invalidated if
23it is determined that the specimen was obtained or placed in
24the database by mistake.
25    (p) This Section may be referred to as the Illinois DNA
26Database Law of 2011.

 

 

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1(Source: P.A. 100-987, eff. 7-1-19.)
 
2    (730 ILCS 5/5-4-3a)
3    Sec. 5-4-3a. DNA testing backlog accountability.
4    (a) On or before August 1 of each year, the Illinois
5Department of State Police shall report to the Governor and
6both houses of the General Assembly the following information:
7        (1) the extent of the backlog of cases awaiting
8    testing or awaiting DNA analysis by that Department,
9    including but not limited to those tests conducted under
10    Section 5-4-3, as of June 30 of the previous fiscal year,
11    with the backlog being defined as all cases awaiting
12    forensic testing whether in the physical custody of the
13    Illinois State Police or in the physical custody of local
14    law enforcement, provided that the Illinois State Police
15    have written notice of any evidence in the physical
16    custody of local law enforcement prior to June 1 of that
17    year; and
18        (2) what measures have been and are being taken to
19    reduce that backlog and the estimated costs or
20    expenditures in doing so.
21    (b) The information reported under this Section shall be
22made available to the public, at the time it is reported, on
23the official web site of the Illinois Department of State
24Police.
25    (c) Beginning January 1, 2016, the Illinois Department of

 

 

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1State Police shall quarterly report on the status of the
2processing of forensic biology and DNA evidence submitted to
3the Illinois Department of State Police Laboratory for
4analysis. The report shall be submitted to the Governor and
5the General Assembly, and shall be posted on the Illinois
6Department of State Police website. The report shall include
7the following for each Illinois State Police Laboratory
8location and any laboratory to which the Illinois Department
9of State Police has outsourced evidence for testing:
10        (1) For forensic biology submissions, report both
11    total case and sexual assault or abuse case (as defined by
12    the Sexual Assault Evidence Submission Act) figures for:
13            (A) The number of cases received in the preceding
14        quarter.
15            (B) The number of cases completed in the preceding
16        quarter.
17            (C) The number of cases waiting analysis.
18            (D) The number of cases sent for outsourcing.
19            (E) The number of cases waiting analysis that were
20        received within the past 30 days.
21            (F) The number of cases waiting analysis that were
22        received 31 to 90 days prior.
23            (G) The number of cases waiting analysis that were
24        received 91 to 180 days prior.
25            (H) The number of cases waiting analysis that were
26        received 181 to 365 days prior.

 

 

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1            (I) The number of cases waiting analysis that were
2        received more than 365 days prior.
3            (J) The number of cases forwarded for DNA
4        analyses.
5        (2) For DNA submissions, report both total case and
6    sexual assault or abuse case (as defined by the Sexual
7    Assault Evidence Submission Act) figures for:
8            (A) The number of cases received in the preceding
9        quarter.
10            (B) The number of cases completed in the preceding
11        quarter.
12            (C) The number of cases waiting analysis.
13            (D) The number of cases sent for outsourcing.
14            (E) The number of cases waiting analysis that were
15        received within the past 30 days.
16            (F) The number of cases waiting analysis that were
17        received 31 to 90 days prior.
18            (G) The number of cases waiting analysis that were
19        received 91 to 180 days prior.
20            (H) The number of cases waiting analysis that were
21        received 181 to 365 days prior.
22            (I) The number of cases waiting analysis that were
23        received more than 365 days prior.
24        (3) For all other categories of testing (e.g., drug
25    chemistry, firearms/toolmark, footwear/tire track, latent
26    prints, toxicology, and trace chemistry analysis):

 

 

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1            (A) The number of cases received in the preceding
2        quarter.
3            (B) The number of cases completed in the preceding
4        quarter.
5            (C) The number of cases waiting analysis.
6        (4) For the Combined DNA Index System (CODIS), report
7    both total case and sexual assault or abuse case (as
8    defined by the Sexual Assault Evidence Submission Act)
9    figures for subparagraphs (D), (E), and (F) of this
10    paragraph (4):
11            (A) The number of new offender samples received in
12        the preceding quarter.
13            (B) The number of offender samples uploaded to
14        CODIS in the preceding quarter.
15            (C) The number of offender samples awaiting
16        analysis.
17            (D) The number of unknown DNA case profiles
18        uploaded to CODIS in the preceding quarter.
19            (E) The number of CODIS hits in the preceding
20        quarter.
21            (F) The number of forensic evidence submissions
22        submitted to confirm a previously reported CODIS hit.
23        (5) For each category of testing, report the number of
24    trained forensic scientists and the number of forensic
25    scientists in training.
26    As used in this subsection (c), "completed" means

 

 

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1completion of both the analysis of the evidence and the
2provision of the results to the submitting law enforcement
3agency.
4    (d) The provisions of this subsection (d), other than this
5sentence, are inoperative on and after January 1, 2019 or 2
6years after the effective date of this amendatory Act of the
799th General Assembly, whichever is later. In consultation
8with and subject to the approval of the Chief Procurement
9Officer, the Illinois Department of State Police may obtain
10contracts for services, commodities, and equipment to assist
11in the timely completion of forensic biology, DNA, drug
12chemistry, firearms/toolmark, footwear/tire track, latent
13prints, toxicology, microscopy, trace chemistry, and Combined
14DNA Index System (CODIS) analysis. Contracts to support the
15delivery of timely forensic science services are not subject
16to the provisions of the Illinois Procurement Code, except for
17Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of
18that Code, provided that the Chief Procurement Officer may, in
19writing with justification, waive any certification required
20under Article 50 of the Illinois Procurement Code. For any
21contracts for services which are currently provided by members
22of a collective bargaining agreement, the applicable terms of
23the collective bargaining agreement concerning subcontracting
24shall be followed.
25(Source: P.A. 99-352, eff. 1-1-16; 99-801, eff. 1-1-17.)
 

 

 

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1    (730 ILCS 5/5-4-3b)
2    Sec. 5-4-3b. Electronic Laboratory Information Management
3System.
4    (a) The Illinois Department of State Police shall obtain,
5implement, and maintain an Electronic Laboratory Information
6Management System (LIMS) to efficiently and effectively track
7all evidence submitted for forensic testing. At a minimum, the
8LIMS shall record:
9        (1) the criminal offense or suspected criminal offense
10    for which the evidence is being submitted;
11        (2) the law enforcement agency submitting the
12    evidence;
13        (3) the name of the victim;
14        (4) the law enforcement agency case number;
15        (5) the Illinois State Police Laboratory case number;
16        (6) the date the evidence was received by the Illinois
17    State Police Laboratory;
18        (7) if the Illinois State Police Laboratory sent the
19    evidence for analysis to another designated laboratory,
20    the name of the laboratory and the date the evidence was
21    sent to that laboratory; and
22        (8) the date and description of any results or
23    information regarding the analysis sent to the submitting
24    law enforcement agency by the Illinois State Police
25    Laboratory or any other designated laboratory.
26    The LIMS shall also link multiple forensic evidence

 

 

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1submissions pertaining to a single criminal investigation such
2that evidence submitted to confirm a previously reported
3Combined DNA Index System (CODIS) hit in a State or federal
4database can be linked to the initial evidence submission. The
5LIMS shall be such that the system provides ease of
6interoperability with law enforcement agencies for evidence
7submission and reporting, as well as supports expansion
8capabilities for future internal networking and laboratory
9operations.
10    (b) The Illinois Department of State Police, in
11consultation with and subject to the approval of the Chief
12Procurement Officer, may procure a single contract or multiple
13contracts to implement the provisions of this Section. A
14contract or contracts under this subsection are not subject to
15the provisions of the Illinois Procurement Code, except for
16Sections 20-60, 20-65, 20-70, and 20-160 and Article 50 of
17that Code, provided that the Chief Procurement Officer may, in
18writing with justification, waive any certification required
19under Article 50 of the Illinois Procurement Code. This
20exemption is inoperative 2 years from January 1, 2016 (the
21effective date of Public Act 99-352).
22(Source: P.A. 99-352, eff. 1-1-16; 99-642, eff. 7-28-16.)
 
23    (730 ILCS 5/5-5-4)  (from Ch. 38, par. 1005-5-4)
24    Sec. 5-5-4. Resentences.
25    (a) Where a conviction or sentence has been set aside on

 

 

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1direct review or on collateral attack, the court shall not
2impose a new sentence for the same offense or for a different
3offense based on the same conduct which is more severe than the
4prior sentence less the portion of the prior sentence
5previously satisfied unless the more severe sentence is based
6upon conduct on the part of the defendant occurring after the
7original sentencing. If a sentence is vacated on appeal or on
8collateral attack due to the failure of the trier of fact at
9trial to determine beyond a reasonable doubt the existence of
10a fact (other than a prior conviction) necessary to increase
11the punishment for the offense beyond the statutory maximum
12otherwise applicable, either the defendant may be re-sentenced
13to a term within the range otherwise provided or, if the State
14files notice of its intention to again seek the extended
15sentence, the defendant shall be afforded a new trial.
16    (b) If a conviction or sentence has been set aside on
17direct review or on collateral attack and the court determines
18by clear and convincing evidence that the defendant was
19factually innocent of the charge, the court shall enter an
20order expunging the record of arrest from the official records
21of the arresting authority and order that the records of the
22clerk of the circuit court and Illinois Department of State
23Police be sealed until further order of the court upon good
24cause shown or as otherwise provided herein, and the name of
25the defendant obliterated from the official index requested to
26be kept by the circuit court clerk under Section 16 of the

 

 

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1Clerks of Courts Act in connection with the arrest and
2conviction for the offense but the order shall not affect any
3index issued by the circuit court clerk before the entry of the
4order. The court shall enter the expungement order regardless
5of whether the defendant has prior criminal convictions.
6    All records sealed by the Illinois Department of State
7Police may be disseminated by the Department only as required
8by law or to the arresting authority, the State's Attorney,
9the court upon a later arrest for the same or similar offense,
10or for the purpose of sentencing for any subsequent felony.
11Upon conviction for any subsequent offense, the Department of
12Corrections shall have access to all sealed records of the
13Department pertaining to that individual.
14    Upon entry of the order of expungement, the clerk of the
15circuit court shall promptly mail a copy of the order to the
16person whose records were expunged and sealed.
17    (c) If a conviction has been vacated as a result of a claim
18of actual innocence based on newly discovered evidence made
19under Section 122-1 of the Code of Criminal Procedure of 1963
20or Section 2-1401 of the Code of Civil Procedure, and the
21provisions of paragraphs (1) and (2) of subsection (g) of
22Section 2-702 of the Code of Civil Procedure are otherwise
23satisfied, the court shall enter an order for a certificate of
24innocence and an order expunging the conviction for which the
25petitioner has been determined to be innocent as provided in
26subsection (h) of Section 2-702 of the Code of Civil

 

 

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1Procedure.
2(Source: P.A. 98-133, eff. 1-1-14.)
 
3    (730 ILCS 5/5-5.5-40)
4    Sec. 5-5.5-40. Forms and filing.
5    (a) All applications, certificates, and orders of
6revocation necessary for the purposes of this Article shall be
7upon forms prescribed by the Chief Justice of the Supreme
8Court or his or her designee. The forms relating to
9certificates of relief from disabilities and certificates of
10good conduct shall be distributed by the Director of the
11Division of Probation Services.
12    (b) Any court or board issuing or revoking any certificate
13under this Article shall immediately file a copy of the
14certificate or of the order of revocation with the Director of
15the Illinois State Police.
16(Source: P.A. 96-852, eff. 1-1-10.)
 
17    (730 ILCS 5/5-6-3)  (from Ch. 38, par. 1005-6-3)
18    Sec. 5-6-3. Conditions of probation and of conditional
19discharge.
20    (a) The conditions of probation and of conditional
21discharge shall be that the person:
22        (1) not violate any criminal statute of any
23    jurisdiction;
24        (2) report to or appear in person before such person

 

 

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1    or agency as directed by the court;
2        (3) refrain from possessing a firearm or other
3    dangerous weapon where the offense is a felony or, if a
4    misdemeanor, the offense involved the intentional or
5    knowing infliction of bodily harm or threat of bodily
6    harm;
7        (4) not leave the State without the consent of the
8    court or, in circumstances in which the reason for the
9    absence is of such an emergency nature that prior consent
10    by the court is not possible, without the prior
11    notification and approval of the person's probation
12    officer. Transfer of a person's probation or conditional
13    discharge supervision to another state is subject to
14    acceptance by the other state pursuant to the Interstate
15    Compact for Adult Offender Supervision;
16        (5) permit the probation officer to visit him at his
17    home or elsewhere to the extent necessary to discharge his
18    duties;
19        (6) perform no less than 30 hours of community service
20    and not more than 120 hours of community service, if
21    community service is available in the jurisdiction and is
22    funded and approved by the county board where the offense
23    was committed, where the offense was related to or in
24    furtherance of the criminal activities of an organized
25    gang and was motivated by the offender's membership in or
26    allegiance to an organized gang. The community service

 

 

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1    shall include, but not be limited to, the cleanup and
2    repair of any damage caused by a violation of Section
3    21-1.3 of the Criminal Code of 1961 or the Criminal Code of
4    2012 and similar damage to property located within the
5    municipality or county in which the violation occurred.
6    When possible and reasonable, the community service should
7    be performed in the offender's neighborhood. For purposes
8    of this Section, "organized gang" has the meaning ascribed
9    to it in Section 10 of the Illinois Streetgang Terrorism
10    Omnibus Prevention Act. The court may give credit toward
11    the fulfillment of community service hours for
12    participation in activities and treatment as determined by
13    court services;
14        (7) if he or she is at least 17 years of age and has
15    been sentenced to probation or conditional discharge for a
16    misdemeanor or felony in a county of 3,000,000 or more
17    inhabitants and has not been previously convicted of a
18    misdemeanor or felony, may be required by the sentencing
19    court to attend educational courses designed to prepare
20    the defendant for a high school diploma and to work toward
21    a high school diploma or to work toward passing high
22    school equivalency testing or to work toward completing a
23    vocational training program approved by the court. The
24    person on probation or conditional discharge must attend a
25    public institution of education to obtain the educational
26    or vocational training required by this paragraph (7). The

 

 

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1    court shall revoke the probation or conditional discharge
2    of a person who willfully wilfully fails to comply with
3    this paragraph (7). The person on probation or conditional
4    discharge shall be required to pay for the cost of the
5    educational courses or high school equivalency testing if
6    a fee is charged for those courses or testing. The court
7    shall resentence the offender whose probation or
8    conditional discharge has been revoked as provided in
9    Section 5-6-4. This paragraph (7) does not apply to a
10    person who has a high school diploma or has successfully
11    passed high school equivalency testing. This paragraph (7)
12    does not apply to a person who is determined by the court
13    to be a person with a developmental disability or
14    otherwise mentally incapable of completing the educational
15    or vocational program;
16        (8) if convicted of possession of a substance
17    prohibited by the Cannabis Control Act, the Illinois
18    Controlled Substances Act, or the Methamphetamine Control
19    and Community Protection Act after a previous conviction
20    or disposition of supervision for possession of a
21    substance prohibited by the Cannabis Control Act or
22    Illinois Controlled Substances Act or after a sentence of
23    probation under Section 10 of the Cannabis Control Act,
24    Section 410 of the Illinois Controlled Substances Act, or
25    Section 70 of the Methamphetamine Control and Community
26    Protection Act and upon a finding by the court that the

 

 

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1    person is addicted, undergo treatment at a substance abuse
2    program approved by the court;
3        (8.5) if convicted of a felony sex offense as defined
4    in the Sex Offender Management Board Act, the person shall
5    undergo and successfully complete sex offender treatment
6    by a treatment provider approved by the Board and
7    conducted in conformance with the standards developed
8    under the Sex Offender Management Board Act;
9        (8.6) if convicted of a sex offense as defined in the
10    Sex Offender Management Board Act, refrain from residing
11    at the same address or in the same condominium unit or
12    apartment unit or in the same condominium complex or
13    apartment complex with another person he or she knows or
14    reasonably should know is a convicted sex offender or has
15    been placed on supervision for a sex offense; the
16    provisions of this paragraph do not apply to a person
17    convicted of a sex offense who is placed in a Department of
18    Corrections licensed transitional housing facility for sex
19    offenders;
20        (8.7) if convicted for an offense committed on or
21    after June 1, 2008 (the effective date of Public Act
22    95-464) that would qualify the accused as a child sex
23    offender as defined in Section 11-9.3 or 11-9.4 of the
24    Criminal Code of 1961 or the Criminal Code of 2012,
25    refrain from communicating with or contacting, by means of
26    the Internet, a person who is not related to the accused

 

 

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1    and whom the accused reasonably believes to be under 18
2    years of age; for purposes of this paragraph (8.7),
3    "Internet" has the meaning ascribed to it in Section
4    16-0.1 of the Criminal Code of 2012; and a person is not
5    related to the accused if the person is not: (i) the
6    spouse, brother, or sister of the accused; (ii) a
7    descendant of the accused; (iii) a first or second cousin
8    of the accused; or (iv) a step-child or adopted child of
9    the accused;
10        (8.8) if convicted for an offense under Section 11-6,
11    11-9.1, 11-14.4 that involves soliciting for a juvenile
12    prostitute, 11-15.1, 11-20.1, 11-20.1B, 11-20.3, or 11-21
13    of the Criminal Code of 1961 or the Criminal Code of 2012,
14    or any attempt to commit any of these offenses, committed
15    on or after June 1, 2009 (the effective date of Public Act
16    95-983):
17            (i) not access or use a computer or any other
18        device with Internet capability without the prior
19        written approval of the offender's probation officer,
20        except in connection with the offender's employment or
21        search for employment with the prior approval of the
22        offender's probation officer;
23            (ii) submit to periodic unannounced examinations
24        of the offender's computer or any other device with
25        Internet capability by the offender's probation
26        officer, a law enforcement officer, or assigned

 

 

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1        computer or information technology specialist,
2        including the retrieval and copying of all data from
3        the computer or device and any internal or external
4        peripherals and removal of such information,
5        equipment, or device to conduct a more thorough
6        inspection;
7            (iii) submit to the installation on the offender's
8        computer or device with Internet capability, at the
9        offender's expense, of one or more hardware or
10        software systems to monitor the Internet use; and
11            (iv) submit to any other appropriate restrictions
12        concerning the offender's use of or access to a
13        computer or any other device with Internet capability
14        imposed by the offender's probation officer;
15        (8.9) if convicted of a sex offense as defined in the
16    Sex Offender Registration Act committed on or after
17    January 1, 2010 (the effective date of Public Act 96-262),
18    refrain from accessing or using a social networking
19    website as defined in Section 17-0.5 of the Criminal Code
20    of 2012;
21        (9) if convicted of a felony or of any misdemeanor
22    violation of Section 12-1, 12-2, 12-3, 12-3.2, 12-3.4, or
23    12-3.5 of the Criminal Code of 1961 or the Criminal Code of
24    2012 that was determined, pursuant to Section 112A-11.1 of
25    the Code of Criminal Procedure of 1963, to trigger the
26    prohibitions of 18 U.S.C. 922(g)(9), physically surrender

 

 

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1    at a time and place designated by the court, his or her
2    Firearm Owner's Identification Card and any and all
3    firearms in his or her possession. The Court shall return
4    to the Illinois Department of State Police Firearm Owner's
5    Identification Card Office the person's Firearm Owner's
6    Identification Card;
7        (10) if convicted of a sex offense as defined in
8    subsection (a-5) of Section 3-1-2 of this Code, unless the
9    offender is a parent or guardian of the person under 18
10    years of age present in the home and no non-familial
11    minors are present, not participate in a holiday event
12    involving children under 18 years of age, such as
13    distributing candy or other items to children on
14    Halloween, wearing a Santa Claus costume on or preceding
15    Christmas, being employed as a department store Santa
16    Claus, or wearing an Easter Bunny costume on or preceding
17    Easter;
18        (11) if convicted of a sex offense as defined in
19    Section 2 of the Sex Offender Registration Act committed
20    on or after January 1, 2010 (the effective date of Public
21    Act 96-362) that requires the person to register as a sex
22    offender under that Act, may not knowingly use any
23    computer scrub software on any computer that the sex
24    offender uses;
25        (12) if convicted of a violation of the
26    Methamphetamine Control and Community Protection Act, the

 

 

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1    Methamphetamine Precursor Control Act, or a
2    methamphetamine related offense:
3            (A) prohibited from purchasing, possessing, or
4        having under his or her control any product containing
5        pseudoephedrine unless prescribed by a physician; and
6            (B) prohibited from purchasing, possessing, or
7        having under his or her control any product containing
8        ammonium nitrate; and
9        (13) if convicted of a hate crime involving the
10    protected class identified in subsection (a) of Section
11    12-7.1 of the Criminal Code of 2012 that gave rise to the
12    offense the offender committed, perform public or
13    community service of no less than 200 hours and enroll in
14    an educational program discouraging hate crimes that
15    includes racial, ethnic, and cultural sensitivity training
16    ordered by the court.
17    (b) The Court may in addition to other reasonable
18conditions relating to the nature of the offense or the
19rehabilitation of the defendant as determined for each
20defendant in the proper discretion of the Court require that
21the person:
22        (1) serve a term of periodic imprisonment under
23    Article 7 for a period not to exceed that specified in
24    paragraph (d) of Section 5-7-1;
25        (2) pay a fine and costs;
26        (3) work or pursue a course of study or vocational

 

 

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1    training;
2        (4) undergo medical, psychological or psychiatric
3    treatment; or treatment for drug addiction or alcoholism;
4        (5) attend or reside in a facility established for the
5    instruction or residence of defendants on probation;
6        (6) support his dependents;
7        (7) and in addition, if a minor:
8            (i) reside with his parents or in a foster home;
9            (ii) attend school;
10            (iii) attend a non-residential program for youth;
11            (iv) contribute to his own support at home or in a
12        foster home;
13            (v) with the consent of the superintendent of the
14        facility, attend an educational program at a facility
15        other than the school in which the offense was
16        committed if he or she is convicted of a crime of
17        violence as defined in Section 2 of the Crime Victims
18        Compensation Act committed in a school, on the real
19        property comprising a school, or within 1,000 feet of
20        the real property comprising a school;
21        (8) make restitution as provided in Section 5-5-6 of
22    this Code;
23        (9) perform some reasonable public or community
24    service;
25        (10) serve a term of home confinement. In addition to
26    any other applicable condition of probation or conditional

 

 

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1    discharge, the conditions of home confinement shall be
2    that the offender:
3            (i) remain within the interior premises of the
4        place designated for his confinement during the hours
5        designated by the court;
6            (ii) admit any person or agent designated by the
7        court into the offender's place of confinement at any
8        time for purposes of verifying the offender's
9        compliance with the conditions of his confinement; and
10            (iii) if further deemed necessary by the court or
11        the Probation or Court Services Department, be placed
12        on an approved electronic monitoring device, subject
13        to Article 8A of Chapter V;
14            (iv) for persons convicted of any alcohol,
15        cannabis or controlled substance violation who are
16        placed on an approved monitoring device as a condition
17        of probation or conditional discharge, the court shall
18        impose a reasonable fee for each day of the use of the
19        device, as established by the county board in
20        subsection (g) of this Section, unless after
21        determining the inability of the offender to pay the
22        fee, the court assesses a lesser fee or no fee as the
23        case may be. This fee shall be imposed in addition to
24        the fees imposed under subsections (g) and (i) of this
25        Section. The fee shall be collected by the clerk of the
26        circuit court, except as provided in an administrative

 

 

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1        order of the Chief Judge of the circuit court. The
2        clerk of the circuit court shall pay all monies
3        collected from this fee to the county treasurer for
4        deposit in the substance abuse services fund under
5        Section 5-1086.1 of the Counties Code, except as
6        provided in an administrative order of the Chief Judge
7        of the circuit court.
8            The Chief Judge of the circuit court of the county
9        may by administrative order establish a program for
10        electronic monitoring of offenders, in which a vendor
11        supplies and monitors the operation of the electronic
12        monitoring device, and collects the fees on behalf of
13        the county. The program shall include provisions for
14        indigent offenders and the collection of unpaid fees.
15        The program shall not unduly burden the offender and
16        shall be subject to review by the Chief Judge.
17            The Chief Judge of the circuit court may suspend
18        any additional charges or fees for late payment,
19        interest, or damage to any device; and
20            (v) for persons convicted of offenses other than
21        those referenced in clause (iv) above and who are
22        placed on an approved monitoring device as a condition
23        of probation or conditional discharge, the court shall
24        impose a reasonable fee for each day of the use of the
25        device, as established by the county board in
26        subsection (g) of this Section, unless after

 

 

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1        determining the inability of the defendant to pay the
2        fee, the court assesses a lesser fee or no fee as the
3        case may be. This fee shall be imposed in addition to
4        the fees imposed under subsections (g) and (i) of this
5        Section. The fee shall be collected by the clerk of the
6        circuit court, except as provided in an administrative
7        order of the Chief Judge of the circuit court. The
8        clerk of the circuit court shall pay all monies
9        collected from this fee to the county treasurer who
10        shall use the monies collected to defray the costs of
11        corrections. The county treasurer shall deposit the
12        fee collected in the probation and court services
13        fund. The Chief Judge of the circuit court of the
14        county may by administrative order establish a program
15        for electronic monitoring of offenders, in which a
16        vendor supplies and monitors the operation of the
17        electronic monitoring device, and collects the fees on
18        behalf of the county. The program shall include
19        provisions for indigent offenders and the collection
20        of unpaid fees. The program shall not unduly burden
21        the offender and shall be subject to review by the
22        Chief Judge.
23            The Chief Judge of the circuit court may suspend
24        any additional charges or fees for late payment,
25        interest, or damage to any device.
26        (11) comply with the terms and conditions of an order

 

 

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1    of protection issued by the court pursuant to the Illinois
2    Domestic Violence Act of 1986, as now or hereafter
3    amended, or an order of protection issued by the court of
4    another state, tribe, or United States territory. A copy
5    of the order of protection shall be transmitted to the
6    probation officer or agency having responsibility for the
7    case;
8        (12) reimburse any "local anti-crime program" as
9    defined in Section 7 of the Anti-Crime Advisory Council
10    Act for any reasonable expenses incurred by the program on
11    the offender's case, not to exceed the maximum amount of
12    the fine authorized for the offense for which the
13    defendant was sentenced;
14        (13) contribute a reasonable sum of money, not to
15    exceed the maximum amount of the fine authorized for the
16    offense for which the defendant was sentenced, (i) to a
17    "local anti-crime program", as defined in Section 7 of the
18    Anti-Crime Advisory Council Act, or (ii) for offenses
19    under the jurisdiction of the Department of Natural
20    Resources, to the fund established by the Department of
21    Natural Resources for the purchase of evidence for
22    investigation purposes and to conduct investigations as
23    outlined in Section 805-105 of the Department of Natural
24    Resources (Conservation) Law;
25        (14) refrain from entering into a designated
26    geographic area except upon such terms as the court finds

 

 

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1    appropriate. Such terms may include consideration of the
2    purpose of the entry, the time of day, other persons
3    accompanying the defendant, and advance approval by a
4    probation officer, if the defendant has been placed on
5    probation or advance approval by the court, if the
6    defendant was placed on conditional discharge;
7        (15) refrain from having any contact, directly or
8    indirectly, with certain specified persons or particular
9    types of persons, including but not limited to members of
10    street gangs and drug users or dealers;
11        (16) refrain from having in his or her body the
12    presence of any illicit drug prohibited by the Cannabis
13    Control Act, the Illinois Controlled Substances Act, or
14    the Methamphetamine Control and Community Protection Act,
15    unless prescribed by a physician, and submit samples of
16    his or her blood or urine or both for tests to determine
17    the presence of any illicit drug;
18        (17) if convicted for an offense committed on or after
19    June 1, 2008 (the effective date of Public Act 95-464)
20    that would qualify the accused as a child sex offender as
21    defined in Section 11-9.3 or 11-9.4 of the Criminal Code
22    of 1961 or the Criminal Code of 2012, refrain from
23    communicating with or contacting, by means of the
24    Internet, a person who is related to the accused and whom
25    the accused reasonably believes to be under 18 years of
26    age; for purposes of this paragraph (17), "Internet" has

 

 

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1    the meaning ascribed to it in Section 16-0.1 of the
2    Criminal Code of 2012; and a person is related to the
3    accused if the person is: (i) the spouse, brother, or
4    sister of the accused; (ii) a descendant of the accused;
5    (iii) a first or second cousin of the accused; or (iv) a
6    step-child or adopted child of the accused;
7        (18) if convicted for an offense committed on or after
8    June 1, 2009 (the effective date of Public Act 95-983)
9    that would qualify as a sex offense as defined in the Sex
10    Offender Registration Act:
11            (i) not access or use a computer or any other
12        device with Internet capability without the prior
13        written approval of the offender's probation officer,
14        except in connection with the offender's employment or
15        search for employment with the prior approval of the
16        offender's probation officer;
17            (ii) submit to periodic unannounced examinations
18        of the offender's computer or any other device with
19        Internet capability by the offender's probation
20        officer, a law enforcement officer, or assigned
21        computer or information technology specialist,
22        including the retrieval and copying of all data from
23        the computer or device and any internal or external
24        peripherals and removal of such information,
25        equipment, or device to conduct a more thorough
26        inspection;

 

 

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1            (iii) submit to the installation on the offender's
2        computer or device with Internet capability, at the
3        subject's expense, of one or more hardware or software
4        systems to monitor the Internet use; and
5            (iv) submit to any other appropriate restrictions
6        concerning the offender's use of or access to a
7        computer or any other device with Internet capability
8        imposed by the offender's probation officer; and
9        (19) refrain from possessing a firearm or other
10    dangerous weapon where the offense is a misdemeanor that
11    did not involve the intentional or knowing infliction of
12    bodily harm or threat of bodily harm.
13    (c) The court may as a condition of probation or of
14conditional discharge require that a person under 18 years of
15age found guilty of any alcohol, cannabis or controlled
16substance violation, refrain from acquiring a driver's license
17during the period of probation or conditional discharge. If
18such person is in possession of a permit or license, the court
19may require that the minor refrain from driving or operating
20any motor vehicle during the period of probation or
21conditional discharge, except as may be necessary in the
22course of the minor's lawful employment.
23    (d) An offender sentenced to probation or to conditional
24discharge shall be given a certificate setting forth the
25conditions thereof.
26    (e) Except where the offender has committed a fourth or

 

 

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1subsequent violation of subsection (c) of Section 6-303 of the
2Illinois Vehicle Code, the court shall not require as a
3condition of the sentence of probation or conditional
4discharge that the offender be committed to a period of
5imprisonment in excess of 6 months. This 6-month limit shall
6not include periods of confinement given pursuant to a
7sentence of county impact incarceration under Section 5-8-1.2.
8    Persons committed to imprisonment as a condition of
9probation or conditional discharge shall not be committed to
10the Department of Corrections.
11    (f) The court may combine a sentence of periodic
12imprisonment under Article 7 or a sentence to a county impact
13incarceration program under Article 8 with a sentence of
14probation or conditional discharge.
15    (g) An offender sentenced to probation or to conditional
16discharge and who during the term of either undergoes
17mandatory drug or alcohol testing, or both, or is assigned to
18be placed on an approved electronic monitoring device, shall
19be ordered to pay all costs incidental to such mandatory drug
20or alcohol testing, or both, and all costs incidental to such
21approved electronic monitoring in accordance with the
22defendant's ability to pay those costs. The county board with
23the concurrence of the Chief Judge of the judicial circuit in
24which the county is located shall establish reasonable fees
25for the cost of maintenance, testing, and incidental expenses
26related to the mandatory drug or alcohol testing, or both, and

 

 

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1all costs incidental to approved electronic monitoring,
2involved in a successful probation program for the county. The
3concurrence of the Chief Judge shall be in the form of an
4administrative order. The fees shall be collected by the clerk
5of the circuit court, except as provided in an administrative
6order of the Chief Judge of the circuit court. The clerk of the
7circuit court shall pay all moneys collected from these fees
8to the county treasurer who shall use the moneys collected to
9defray the costs of drug testing, alcohol testing, and
10electronic monitoring. The county treasurer shall deposit the
11fees collected in the county working cash fund under Section
126-27001 or Section 6-29002 of the Counties Code, as the case
13may be. The Chief Judge of the circuit court of the county may
14by administrative order establish a program for electronic
15monitoring of offenders, in which a vendor supplies and
16monitors the operation of the electronic monitoring device,
17and collects the fees on behalf of the county. The program
18shall include provisions for indigent offenders and the
19collection of unpaid fees. The program shall not unduly burden
20the offender and shall be subject to review by the Chief Judge.
21    The Chief Judge of the circuit court may suspend any
22additional charges or fees for late payment, interest, or
23damage to any device.
24    (h) Jurisdiction over an offender may be transferred from
25the sentencing court to the court of another circuit with the
26concurrence of both courts. Further transfers or retransfers

 

 

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1of jurisdiction are also authorized in the same manner. The
2court to which jurisdiction has been transferred shall have
3the same powers as the sentencing court. The probation
4department within the circuit to which jurisdiction has been
5transferred, or which has agreed to provide supervision, may
6impose probation fees upon receiving the transferred offender,
7as provided in subsection (i). For all transfer cases, as
8defined in Section 9b of the Probation and Probation Officers
9Act, the probation department from the original sentencing
10court shall retain all probation fees collected prior to the
11transfer. After the transfer, all probation fees shall be paid
12to the probation department within the circuit to which
13jurisdiction has been transferred.
14    (i) The court shall impose upon an offender sentenced to
15probation after January 1, 1989 or to conditional discharge
16after January 1, 1992 or to community service under the
17supervision of a probation or court services department after
18January 1, 2004, as a condition of such probation or
19conditional discharge or supervised community service, a fee
20of $50 for each month of probation or conditional discharge
21supervision or supervised community service ordered by the
22court, unless after determining the inability of the person
23sentenced to probation or conditional discharge or supervised
24community service to pay the fee, the court assesses a lesser
25fee. The court may not impose the fee on a minor who is placed
26in the guardianship or custody of the Department of Children

 

 

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1and Family Services under the Juvenile Court Act of 1987 while
2the minor is in placement. The fee shall be imposed only upon
3an offender who is actively supervised by the probation and
4court services department. The fee shall be collected by the
5clerk of the circuit court. The clerk of the circuit court
6shall pay all monies collected from this fee to the county
7treasurer for deposit in the probation and court services fund
8under Section 15.1 of the Probation and Probation Officers
9Act.
10    A circuit court may not impose a probation fee under this
11subsection (i) in excess of $25 per month unless the circuit
12court has adopted, by administrative order issued by the chief
13judge, a standard probation fee guide determining an
14offender's ability to pay. Of the amount collected as a
15probation fee, up to $5 of that fee collected per month may be
16used to provide services to crime victims and their families.
17    The Court may only waive probation fees based on an
18offender's ability to pay. The probation department may
19re-evaluate an offender's ability to pay every 6 months, and,
20with the approval of the Director of Court Services or the
21Chief Probation Officer, adjust the monthly fee amount. An
22offender may elect to pay probation fees due in a lump sum. Any
23offender that has been assigned to the supervision of a
24probation department, or has been transferred either under
25subsection (h) of this Section or under any interstate
26compact, shall be required to pay probation fees to the

 

 

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1department supervising the offender, based on the offender's
2ability to pay.
3    Public Act 93-970 deletes the $10 increase in the fee
4under this subsection that was imposed by Public Act 93-616.
5This deletion is intended to control over any other Act of the
693rd General Assembly that retains or incorporates that fee
7increase.
8    (i-5) In addition to the fees imposed under subsection (i)
9of this Section, in the case of an offender convicted of a
10felony sex offense (as defined in the Sex Offender Management
11Board Act) or an offense that the court or probation
12department has determined to be sexually motivated (as defined
13in the Sex Offender Management Board Act), the court or the
14probation department shall assess additional fees to pay for
15all costs of treatment, assessment, evaluation for risk and
16treatment, and monitoring the offender, based on that
17offender's ability to pay those costs either as they occur or
18under a payment plan.
19    (j) All fines and costs imposed under this Section for any
20violation of Chapters 3, 4, 6, and 11 of the Illinois Vehicle
21Code, or a similar provision of a local ordinance, and any
22violation of the Child Passenger Protection Act, or a similar
23provision of a local ordinance, shall be collected and
24disbursed by the circuit clerk as provided under the Criminal
25and Traffic Assessment Act.
26    (k) Any offender who is sentenced to probation or

 

 

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1conditional discharge for a felony sex offense as defined in
2the Sex Offender Management Board Act or any offense that the
3court or probation department has determined to be sexually
4motivated as defined in the Sex Offender Management Board Act
5shall be required to refrain from any contact, directly or
6indirectly, with any persons specified by the court and shall
7be available for all evaluations and treatment programs
8required by the court or the probation department.
9    (l) The court may order an offender who is sentenced to
10probation or conditional discharge for a violation of an order
11of protection be placed under electronic surveillance as
12provided in Section 5-8A-7 of this Code.
13(Source: P.A. 99-143, eff. 7-27-15; 99-797, eff. 8-12-16;
14100-159, eff. 8-18-17; 100-260, eff. 1-1-18; 100-575, eff.
151-8-18; 100-987, eff. 7-1-19; revised 7-12-19.)
 
16    (730 ILCS 5/5-9-1.2)  (from Ch. 38, par. 1005-9-1.2)
17    Sec. 5-9-1.2. (a) Twelve and one-half percent of all
18amounts collected as fines pursuant to Section 5-9-1.1 shall
19be paid into the Youth Drug Abuse Prevention Fund, which is
20hereby created in the State treasury, to be used by the
21Department of Human Services for the funding of programs and
22services for drug-abuse treatment, and prevention and
23education services, for juveniles.
24    (b) Eighty-seven and one-half percent of the proceeds of
25all fines received pursuant to Section 5-9-1.1 shall be

 

 

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1transmitted to and deposited in the treasurer's office at the
2level of government as follows:
3        (1) If such seizure was made by a combination of law
4    enforcement personnel representing differing units of
5    local government, the court levying the fine shall
6    equitably allocate 50% of the fine among these units of
7    local government and shall allocate 37 1/2% to the county
8    general corporate fund. In the event that the seizure was
9    made by law enforcement personnel representing a unit of
10    local government from a municipality where the number of
11    inhabitants exceeds 2 million in population, the court
12    levying the fine shall allocate 87 1/2% of the fine to that
13    unit of local government. If the seizure was made by a
14    combination of law enforcement personnel representing
15    differing units of local government, and at least one of
16    those units represents a municipality where the number of
17    inhabitants exceeds 2 million in population, the court
18    shall equitably allocate 87 1/2% of the proceeds of the
19    fines received among the differing units of local
20    government.
21        (2) If such seizure was made by State law enforcement
22    personnel, then the court shall allocate 37 1/2% to the
23    State treasury and 50% to the county general corporate
24    fund.
25        (3) If a State law enforcement agency in combination
26    with a law enforcement agency or agencies of a unit or

 

 

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1    units of local government conducted the seizure, the court
2    shall equitably allocate 37 1/2% of the fines to or among
3    the law enforcement agency or agencies of the unit or
4    units of local government which conducted the seizure and
5    shall allocate 50% to the county general corporate fund.
6    (c) The proceeds of all fines allocated to the law
7enforcement agency or agencies of the unit or units of local
8government pursuant to subsection (b) shall be made available
9to that law enforcement agency as expendable receipts for use
10in the enforcement of laws regulating controlled substances
11and cannabis. The proceeds of fines awarded to the State
12treasury shall be deposited in a special fund known as the Drug
13Traffic Prevention Fund. Monies from this fund may be used by
14the Illinois Department of State Police for use in the
15enforcement of laws regulating controlled substances and
16cannabis; to satisfy funding provisions of the
17Intergovernmental Drug Laws Enforcement Act; and to defray
18costs and expenses associated with returning violators of the
19Cannabis Control Act, the Illinois Controlled Substances Act,
20and the Methamphetamine Control and Community Protection Act
21only, as provided in those Acts, when punishment of the crime
22shall be confinement of the criminal in the penitentiary.
23Moneys in the Drug Traffic Prevention Fund deposited from
24fines awarded as a direct result of enforcement efforts of the
25Illinois Conservation Police may be used by the Department of
26Natural Resources Office of Law Enforcement for use in

 

 

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1enforcing laws regulating controlled substances and cannabis
2on Department of Natural Resources regulated lands and
3waterways. All other monies shall be paid into the general
4revenue fund in the State treasury.
5    (d) There is created in the State treasury the
6Methamphetamine Law Enforcement Fund. Moneys in the Fund shall
7be equitably allocated to local law enforcement agencies to:
8(1) reimburse those agencies for the costs of securing and
9cleaning up sites and facilities used for the illegal
10manufacture of methamphetamine; (2) defray the costs of
11employing full-time or part-time peace officers from a
12Metropolitan Enforcement Group or other local drug task force,
13including overtime costs for those officers; and (3) defray
14the costs associated with medical or dental expenses incurred
15by the county resulting from the incarceration of
16methamphetamine addicts in the county jail or County
17Department of Corrections.
18(Source: P.A. 94-550, eff. 1-1-06; 94-556, eff. 9-11-05;
1995-331, eff. 8-21-07.)
 
20    (730 ILCS 5/5-9-1.4)  (from Ch. 38, par. 1005-9-1.4)
21    Sec. 5-9-1.4. (a) "Crime laboratory" means any
22not-for-profit laboratory registered with the Drug Enforcement
23Administration of the United States Department of Justice,
24substantially funded by a unit or combination of units of
25local government or the State of Illinois, which regularly

 

 

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1employs at least one person engaged in the analysis of
2controlled substances, cannabis, methamphetamine, or steroids
3for criminal justice agencies in criminal matters and provides
4testimony with respect to such examinations.
5    (b) (Blank).
6    (c) In addition to any other disposition made pursuant to
7the provisions of the Juvenile Court Act of 1987, any minor
8adjudicated delinquent for an offense which if committed by an
9adult would constitute a violation of the Cannabis Control
10Act, the Illinois Controlled Substances Act, the
11Methamphetamine Control and Community Protection Act, or the
12Steroid Control Act shall be required to pay a criminal
13laboratory analysis assessment of $100 for each adjudication.
14Upon verified petition of the minor, the court may suspend
15payment of all or part of the assessment if it finds that the
16minor does not have the ability to pay the assessment. The
17parent, guardian or legal custodian of the minor may pay some
18or all of such assessment on the minor's behalf.
19    (d) All criminal laboratory analysis fees provided for by
20this Section shall be collected by the clerk of the court and
21forwarded to the appropriate crime laboratory fund as provided
22in subsection (f).
23    (e) Crime laboratory funds shall be established as
24follows:
25        (1) Any unit of local government which maintains a
26    crime laboratory may establish a crime laboratory fund

 

 

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1    within the office of the county or municipal treasurer.
2        (2) Any combination of units of local government which
3    maintains a crime laboratory may establish a crime
4    laboratory fund within the office of the treasurer of the
5    county where the crime laboratory is situated.
6        (3) The State Crime Laboratory Fund is hereby created
7    as a special fund in the State Treasury.
8    (f) The analysis assessment provided for in subsection (c)
9of this Section shall be forwarded to the office of the
10treasurer of the unit of local government that performed the
11analysis if that unit of local government has established a
12crime laboratory fund, or to the State Crime Laboratory Fund
13if the analysis was performed by a laboratory operated by the
14Illinois State Police. If the analysis was performed by a
15crime laboratory funded by a combination of units of local
16government, the analysis assessment shall be forwarded to the
17treasurer of the county where the crime laboratory is situated
18if a crime laboratory fund has been established in that
19county. If the unit of local government or combination of
20units of local government has not established a crime
21laboratory fund, then the analysis assessment shall be
22forwarded to the State Crime Laboratory Fund.
23    (g) Moneys deposited into a crime laboratory fund created
24pursuant to paragraphs (1) or (2) of subsection (e) of this
25Section shall be in addition to any allocations made pursuant
26to existing law and shall be designated for the exclusive use

 

 

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1of the crime laboratory. These uses may include, but are not
2limited to, the following:
3        (1) costs incurred in providing analysis for
4    controlled substances in connection with criminal
5    investigations conducted within this State;
6        (2) purchase and maintenance of equipment for use in
7    performing analyses; and
8        (3) continuing education, training and professional
9    development of forensic scientists regularly employed by
10    these laboratories.
11    (h) Moneys deposited in the State Crime Laboratory Fund
12created pursuant to paragraph (3) of subsection (d) of this
13Section shall be used by State crime laboratories as
14designated by the Director of the Illinois State Police. These
15funds shall be in addition to any allocations made pursuant to
16existing law and shall be designated for the exclusive use of
17State crime laboratories or for the sexual assault evidence
18tracking system created under Section 50 of the Sexual Assault
19Evidence Submission Act. These uses may include those
20enumerated in subsection (g) of this Section.
21(Source: P.A. 100-987, eff. 7-1-19; 101-377, eff. 8-16-19.)
 
22    (730 ILCS 5/5-9-1.9)
23    Sec. 5-9-1.9. DUI analysis fee.
24    (a) "Crime laboratory" means a not-for-profit laboratory
25substantially funded by a single unit or combination of units

 

 

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1of local government or the State of Illinois that regularly
2employs at least one person engaged in the DUI analysis of
3blood, other bodily substance, and urine for criminal justice
4agencies in criminal matters and provides testimony with
5respect to such examinations.
6    "DUI analysis" means an analysis of blood, other bodily
7substance, or urine for purposes of determining whether a
8violation of Section 11-501 of the Illinois Vehicle Code has
9occurred.
10    (b) (Blank).
11    (c) In addition to any other disposition made under the
12provisions of the Juvenile Court Act of 1987, any minor
13adjudicated delinquent for an offense which if committed by an
14adult would constitute a violation of Section 11-501 of the
15Illinois Vehicle Code shall pay a crime laboratory DUI
16analysis assessment of $150 for each adjudication. Upon
17verified petition of the minor, the court may suspend payment
18of all or part of the assessment if it finds that the minor
19does not have the ability to pay the assessment. The parent,
20guardian, or legal custodian of the minor may pay some or all
21of the assessment on the minor's behalf.
22    (d) All crime laboratory DUI analysis assessments provided
23for by this Section shall be collected by the clerk of the
24court and forwarded to the appropriate crime laboratory DUI
25fund as provided in subsection (f).
26    (e) Crime laboratory funds shall be established as

 

 

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1follows:
2        (1) A unit of local government that maintains a crime
3    laboratory may establish a crime laboratory DUI fund
4    within the office of the county or municipal treasurer.
5        (2) Any combination of units of local government that
6    maintains a crime laboratory may establish a crime
7    laboratory DUI fund within the office of the treasurer of
8    the county where the crime laboratory is situated.
9        (3) The State Police DUI Fund is created as a special
10    fund in the State Treasury.
11    (f) The analysis assessment provided for in subsection (c)
12of this Section shall be forwarded to the office of the
13treasurer of the unit of local government that performed the
14analysis if that unit of local government has established a
15crime laboratory DUI fund, or to the State Treasurer for
16deposit into the State Crime Laboratory Fund if the analysis
17was performed by a laboratory operated by the Illinois
18Department of State Police. If the analysis was performed by a
19crime laboratory funded by a combination of units of local
20government, the analysis assessment shall be forwarded to the
21treasurer of the county where the crime laboratory is situated
22if a crime laboratory DUI fund has been established in that
23county. If the unit of local government or combination of
24units of local government has not established a crime
25laboratory DUI fund, then the analysis assessment shall be
26forwarded to the State Treasurer for deposit into the State

 

 

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1Crime Laboratory Fund.
2    (g) Moneys deposited into a crime laboratory DUI fund
3created under paragraphs (1) and (2) of subsection (e) of this
4Section shall be in addition to any allocations made pursuant
5to existing law and shall be designated for the exclusive use
6of the crime laboratory. These uses may include, but are not
7limited to, the following:
8        (1) Costs incurred in providing analysis for DUI
9    investigations conducted within this State.
10        (2) Purchase and maintenance of equipment for use in
11    performing analyses.
12        (3) Continuing education, training, and professional
13    development of forensic scientists regularly employed by
14    these laboratories.
15    (h) Moneys deposited in the State Crime Laboratory Fund
16shall be used by State crime laboratories as designated by the
17Director of the Illinois State Police. These funds shall be in
18addition to any allocations made according to existing law and
19shall be designated for the exclusive use of State crime
20laboratories. These uses may include those enumerated in
21subsection (g) of this Section.
22(Source: P.A. 99-697, eff. 7-29-16; 100-987, eff. 7-1-19;
23100-1161, eff. 7-1-19.)
 
24    Section 1060. The Arsonist Registration Act is amended by
25changing Sections 10, 15, 20, 25, 30, 35, 45, 50, 55, 60, 70,

 

 

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175, and 80 as follows:
 
2    (730 ILCS 148/10)
3    Sec. 10. Duty to register.
4    (a) An arsonist shall, within the time period prescribed
5in subsections (b) and (c), register in person and provide
6accurate information as required by the Illinois Department of
7State Police. Such information shall include current address,
8current place of employment, and school attended. The arsonist
9shall register:
10        (1) with the chief of police in each of the
11    municipalities in which he or she attends school, is
12    employed, resides or is temporarily domiciled for a period
13    of time of 10 or more days, unless the municipality is the
14    City of Chicago, in which case he or she shall register at
15    a fixed location designated by the Superintendent of the
16    Chicago Police Department; or
17        (2) with the sheriff in each of the counties in which
18    he or she attends school, is employed, resides or is
19    temporarily domiciled in an unincorporated area or, if
20    incorporated, no police chief exists. For purposes of this
21    Act, the place of residence or temporary domicile is
22    defined as any and all places where the arsonist resides
23    for an aggregate period of time of 10 or more days during
24    any calendar year. The arsonist shall provide accurate
25    information as required by the Illinois Department of

 

 

HB3655- 2225 -LRB102 16922 WGH 22334 b

1    State Police. That information shall include the
2    arsonist's current place of employment.
3    (a-5) An out-of-state student or out-of-state employee
4shall, within 10 days after beginning school or employment in
5this State, register in person and provide accurate
6information as required by the Illinois Department of State
7Police. Such information must include current place of
8employment, school attended, and address in state of
9residence:
10        (1) with the chief of police in each of the
11    municipalities in which he or she attends school or is
12    employed for a period of time of 10 or more days or for an
13    aggregate period of time of more than 30 days during any
14    calendar year, unless the municipality is the City of
15    Chicago, in which case he or she shall register at a fixed
16    location designated by the Superintendent of the Chicago
17    Police Department; or
18        (2) with the sheriff in each of the counties in which
19    he or she attends school or is employed for a period of
20    time of 10 or more days or for an aggregate period of time
21    of more than 30 days during any calendar year in an
22    unincorporated area or, if incorporated, no police chief
23    exists. The out-of-state student or out-of-state employee
24    shall provide accurate information as required by the
25    Illinois Department of State Police. That information
26    shall include the out-of-state student's current place of

 

 

HB3655- 2226 -LRB102 16922 WGH 22334 b

1    school attendance or the out-of-state employee's current
2    place of employment.
3    (b) An arsonist as defined in Section 5 of this Act,
4regardless of any initial, prior, or other registration,
5shall, within 10 days of beginning school, or establishing a
6residence, place of employment, or temporary domicile in any
7county, register in person as set forth in subsection (a) or
8(a-5).
9    (c) The registration for any person required to register
10under this Act shall be as follows:
11        (1) Except as provided in paragraph (3) of this
12    subsection (c), any person who has not been notified of
13    his or her responsibility to register shall be notified by
14    a criminal justice entity of his or her responsibility to
15    register. Upon notification the person must then register
16    within 10 days of notification of his or her requirement
17    to register. If notification is not made within the
18    offender's 10 year registration requirement, and the
19    Illinois Department of State Police determines no evidence
20    exists or indicates the offender attempted to avoid
21    registration, the offender will no longer be required to
22    register under this Act.
23        (2) Except as provided in paragraph (3) of this
24    subsection (c), any person convicted on or after the
25    effective date of this Act shall register in person within
26    10 days after the entry of the sentencing order based upon

 

 

HB3655- 2227 -LRB102 16922 WGH 22334 b

1    his or her conviction.
2        (3) Any person unable to comply with the registration
3    requirements of this Act because he or she is confined,
4    institutionalized, or imprisoned in Illinois on or after
5    the effective date of this Act shall register in person
6    within 10 days of discharge, parole or release.
7        (4) The person shall provide positive identification
8    and documentation that substantiates proof of residence at
9    the registering address.
10        (5) The person shall pay a $10 initial registration
11    fee and a $5 annual renewal fee. The fees shall be used by
12    the registering agency for official purposes. The agency
13    shall establish procedures to document receipt and use of
14    the funds. The law enforcement agency having jurisdiction
15    may waive the registration fee if it determines that the
16    person is indigent and unable to pay the registration fee.
17    (d) Within 10 days after obtaining or changing employment,
18a person required to register under this Section must report,
19in person or in writing to the law enforcement agency having
20jurisdiction, the business name and address where he or she is
21employed. If the person has multiple businesses or work
22locations, every business and work location must be reported
23to the law enforcement agency having jurisdiction.
24(Source: P.A. 99-755, eff. 8-5-16.)
 
25    (730 ILCS 148/15)

 

 

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1    Sec. 15. Discharge of arsonist from penal institution. Any
2arsonist who is discharged, paroled or released from a
3Department of Corrections facility, a facility where such
4person was placed by the Department of Corrections or another
5penal institution, and whose liability for registration has
6not terminated under Section 45 shall, within 10 days prior to
7discharge, parole, or release from the facility or
8institution, be informed of his or her duty to register in
9person under this Act by the facility or institution in which
10he or she was confined. The facility or institution shall also
11inform any person who must register that if he or she
12establishes a residence outside of the State of Illinois, is
13employed outside of the State of Illinois, or attends school
14outside of the State of Illinois, he or she must register in
15the new state within 10 days after establishing the residence,
16beginning employment, or beginning school. The facility shall
17require the person to read and sign such form as may be
18required by the Illinois Department of State Police stating
19that the duty to register and the procedure for registration
20has been explained to him or her and that he or she understands
21the duty to register and the procedure for registration. The
22facility shall further advise the person in writing that the
23failure to register or other violation of this Act shall
24result in revocation of parole, mandatory supervised release
25or conditional release. The facility shall obtain information
26about where the person expects to reside, work, and attend

 

 

HB3655- 2229 -LRB102 16922 WGH 22334 b

1school upon his or her discharge, parole or release and shall
2report the information to the Illinois Department of State
3Police. The facility shall give one copy of the form to the
4person and shall send one copy to each of the law enforcement
5agencies having jurisdiction where the person expects to
6reside, work, and attend school upon his or her discharge,
7parole or release and retain one copy for the files.
8Electronic data files that include all notification form
9information and photographs of arsonists being released from
10an Illinois Department of Corrections facility shall be shared
11on a regular basis as determined between the Illinois
12Department of State Police and the Department of Corrections.
13(Source: P.A. 93-949, eff. 1-1-05.)
 
14    (730 ILCS 148/20)
15    Sec. 20. Release of arsonist on probation. An arsonist who
16is released on probation shall, prior to such release, be
17informed of his or her duty to register under this Act by the
18court in which he or she was convicted. The court shall also
19inform any person who must register that if he or she
20establishes a residence outside of the State of Illinois, is
21employed outside of the State of Illinois, or attends school
22outside of the State of Illinois, he or she must register in
23the new state within 10 days after establishing the residence,
24beginning employment, or beginning school. The court shall
25require the person to read and sign such form as may be

 

 

HB3655- 2230 -LRB102 16922 WGH 22334 b

1required by the Illinois Department of State Police stating
2that the duty to register and the procedure for registration
3has been explained to him or her and that he or she understands
4the duty to register and the procedure for registration. The
5court shall further advise the person in writing that the
6failure to register or other violation of this Act shall
7result in probation revocation. The court shall obtain
8information about where the person expects to reside, work,
9and attend school upon his or her release, and shall report the
10information to the Illinois Department of State Police. The
11court shall give one copy of the form to the person and retain
12the original in the court records. The Illinois Department of
13State Police shall notify the law enforcement agencies having
14jurisdiction where the person expects to reside, work and
15attend school upon his or her release.
16(Source: P.A. 93-949, eff. 1-1-05.)
 
17    (730 ILCS 148/25)
18    Sec. 25. Discharge of arsonist from hospital or other
19treatment facility. Any arsonist who is discharged or released
20from a hospital or other treatment facility where he or she was
21confined shall be informed by the hospital or treatment
22facility in which he or she was confined, prior to discharge or
23release from the hospital or treatment facility, of his or her
24duty to register under this Act. The facility shall require
25the person to read and sign such form as may be required by the

 

 

HB3655- 2231 -LRB102 16922 WGH 22334 b

1Illinois Department of State Police stating that the duty to
2register and the procedure for registration has been explained
3to him or her and that he or she understands the duty to
4register and the procedure for registration. The facility
5shall give one copy of the form to the person, retain one copy
6for its records, and forward the original to the Illinois
7Department of State Police. The facility shall obtain
8information about where the person expects to reside, work,
9and attend school upon his or her discharge, parole, or
10release and shall report the information to the Illinois
11Department of State Police within 3 days. The facility or
12institution shall also inform any person who must register
13that if he or she establishes a residence outside of the State
14of Illinois, is employed outside of the State of Illinois, or
15attends school outside of the State of Illinois, he or she must
16register in the new state within 10 days after establishing
17the residence, beginning school, or beginning employment. The
18Illinois Department of State Police shall notify the law
19enforcement agencies having jurisdiction where the person
20expects to reside, work, and attend school upon his or her
21release.
22(Source: P.A. 93-949, eff. 1-1-05.)
 
23    (730 ILCS 148/30)
24    Sec. 30. Nonforwardable verification letter. The Illinois
25Department of State Police shall mail an annual nonforwardable

 

 

HB3655- 2232 -LRB102 16922 WGH 22334 b

1verification letter to a person registered under this Act
2beginning one year from the date of his or her last
3registration. A person required to register under this Act who
4is mailed a verification letter shall complete, sign, and
5return the enclosed verification form to the Illinois
6Department of State Police postmarked within 10 days after the
7mailing date of the letter. A person's failure to return the
8verification form to the Illinois Department of State Police
9within 10 days after the mailing date of the letter shall be
10considered a violation of this Act; however it is an
11affirmative defense to a prosecution for failure of a person
12who is required to return a verification form to the Illinois
13Department of State Police if the post office fails to deliver
14the verification form to the Illinois Department of State
15Police or if it can be proven that the form has been lost by
16the Department.
17(Source: P.A. 93-949, eff. 1-1-05.)
 
18    (730 ILCS 148/35)
19    Sec. 35. Duty to report change of address, school, or
20employment. Any person who is required to register under this
21Act shall report in person to the appropriate law enforcement
22agency with whom he or she last registered within one year from
23the date of last registration and every year thereafter. If
24any person required to register under this Act changes his or
25her residence address, place of employment, or school, he or

 

 

HB3655- 2233 -LRB102 16922 WGH 22334 b

1she shall, in writing, within 10 days inform the law
2enforcement agency with whom he or she last registered of his
3or her new address, change in employment, or school and
4register with the appropriate law enforcement agency within
5the time period specified in Section 10. The law enforcement
6agency shall, within 3 days of receipt, notify the Illinois
7Department of State Police and the law enforcement agency
8having jurisdiction of the new place of residence, change in
9employment, or school. If any person required to register
10under this Act establishes a residence or employment outside
11of the State of Illinois, within 10 days after establishing
12that residence or employment, he or she shall, in writing,
13inform the law enforcement agency with which he or she last
14registered of his or her out-of-state residence or employment.
15The law enforcement agency with which such person last
16registered shall, within 3 days notice of an address or
17employment change, notify the Illinois Department of State
18Police. The Illinois Department of State Police shall forward
19such information to the out-of-state law enforcement agency
20having jurisdiction in the form and manner prescribed by the
21Illinois Department of State Police.
22(Source: P.A. 93-949, eff. 1-1-05.)
 
23    (730 ILCS 148/45)
24    Sec. 45. Duration of registration. Any person, other than
25a minor who is tried and convicted in an adult criminal

 

 

HB3655- 2234 -LRB102 16922 WGH 22334 b

1prosecution for an offense for which the person is required to
2register under this Act, who is required to register under
3this Act shall be required to register for a period of 10 years
4after conviction if not confined to a penal institution,
5hospital or any other institution or facility, and if
6confined, for a period of 10 years after parole, discharge or
7release from any such facility. A minor who has been tried and
8convicted in an adult criminal prosecution for an offense for
9which the person is required to register under this Act shall
10be required to register for a period of 10 years after his or
11her conviction for an offense for which the person is required
12to register under this Act. An arsonist who is allowed to leave
13a county, State, or federal facility for the purposes of work
14release, education, or overnight visitations shall be required
15to register within 10 days of beginning such a program.
16Liability for registration terminates at the expiration of 10
17years from the date of conviction if not confined to a penal
18institution, hospital or any other institution or facility and
19if confined, at the expiration of 10 years from the date of
20parole, discharge or release from any such facility, providing
21such person does not, during that period, again become liable
22to register under the provisions of this Act. In the case of a
23minor who is tried and convicted in an adult criminal
24prosecution, liability for registration terminates 10 years
25after conviction. The Director of the Illinois State Police,
26consistent with administrative rules, shall extend for 10

 

 

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1years the registration period of any arsonist who fails to
2comply with the provisions of this Act.
3(Source: P.A. 93-949, eff. 1-1-05.)
 
4    (730 ILCS 148/50)
5    Sec. 50. Registration requirements. Registration as
6required by this Act shall consist of a statement in writing
7signed by the person giving the information that is required
8by the Illinois Department of State Police, which may include
9the fingerprints and must include a photograph of the person.
10The registration information must include whether the person
11is an arsonist. Within 3 days, the registering law enforcement
12agency shall forward any required information to the Illinois
13Department of State Police. The registering law enforcement
14agency shall enter the information into I-CLEAR as provided in
15Section 2605-378 of the Illinois Department of State Police
16Law of the Civil Administrative Code of Illinois.
17(Source: P.A. 93-949, eff. 1-1-05.)
 
18    (730 ILCS 148/55)
19    Sec. 55. Address verification requirements. The agency
20having jurisdiction shall verify the address of arsonists
21required to register with their agency at least once per
22calendar year. The verification must be documented in I-CLEAR
23in the form and manner required by the Illinois Department of
24State Police.

 

 

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1(Source: P.A. 93-949, eff. 1-1-05.)
 
2    (730 ILCS 148/60)
3    Sec. 60. Public inspection of registration data.
4    (a) Except as otherwise provided in subsection (b), the
5statements or any other information required by this Act shall
6not be open to inspection by the public, or by any person other
7than by a law enforcement officer or other individual as may be
8authorized by law and shall include law enforcement agencies
9of this State, any other state, or of the federal government.
10Similar information may be requested from any law enforcement
11agency of another state or of the federal government for
12purposes of this Act. It is a Class B misdemeanor to permit the
13unauthorized release of any information required by this Act.
14    (b) The Illinois Department of State Police shall furnish
15to the Office of the State Fire Marshal the registration
16information concerning persons who are required to register
17under this Act. The Office of the State Fire Marshal shall
18establish and maintain a Statewide Arsonist Database for the
19purpose of making that information available to the public on
20the Internet by means of a hyperlink labeled "Arsonist
21Information" on the Office of the State Fire Marshal's
22website.
23(Source: P.A. 93-949, eff. 1-1-05.)
 
24    (730 ILCS 148/70)

 

 

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1    Sec. 70. Arsonist Registration Fund. There is created in
2the State treasury the Arsonist Registration Fund. Moneys in
3the Fund shall be used to cover costs incurred by the criminal
4justice system to administer this Act. The Illinois Department
5of State Police shall establish and promulgate rules and
6procedures regarding the administration of this Fund. At least
750% of the moneys in the Fund shall be allocated by the
8Department for sheriffs' offices and police departments.
9(Source: P.A. 93-949, eff. 1-1-05.)
 
10    (730 ILCS 148/75)
11    Sec. 75. Access to State of Illinois databases. The
12Illinois Department of State Police shall have access to State
13of Illinois databases containing information that may help in
14the identification or location of persons required to register
15under this Act. Interagency agreements shall be implemented,
16consistent with security and procedures established by the
17State agency and consistent with the laws governing the
18confidentiality of the information in the databases.
19Information shall be used only for administration of this Act.
20(Source: P.A. 93-949, eff. 1-1-05.)
 
21    (730 ILCS 148/80)
22    Sec. 80. Applicability. Until the Illinois Department of
23State Police establishes I-CLEAR throughout this State, this
24Act applies only to arsonists who reside, are employed, or

 

 

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1attend school within the City of Chicago. Once I-CLEAR is
2established throughout this State, this Act applies throughout
3the State to arsonists who reside, are employed, or attend
4school anywhere in this State. Any duties imposed upon the
5Illinois Department of State Police by this Act are subject to
6appropriation and shall not commence until I-CLEAR is
7implemented throughout this State and until such time, those
8duties shall be imposed upon the City of Chicago.
9(Source: P.A. 93-949, eff. 1-1-05.)
 
10    Section 1065. The Sex Offender Registration Act is amended
11by changing Sections 3, 4, 5, 5-5, 5-10, 6, 7, 8, 8-5, and 11
12as follows:
 
13    (730 ILCS 150/3)
14    Sec. 3. Duty to register.
15    (a) A sex offender, as defined in Section 2 of this Act, or
16sexual predator shall, within the time period prescribed in
17subsections (b) and (c), register in person and provide
18accurate information as required by the Illinois Department of
19State Police. Such information shall include a current
20photograph, current address, current place of employment, the
21sex offender's or sexual predator's telephone number,
22including cellular telephone number, the employer's telephone
23number, school attended, all e-mail addresses, instant
24messaging identities, chat room identities, and other Internet

 

 

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1communications identities that the sex offender uses or plans
2to use, all Uniform Resource Locators (URLs) registered or
3used by the sex offender, all blogs and other Internet sites
4maintained by the sex offender or to which the sex offender has
5uploaded any content or posted any messages or information,
6extensions of the time period for registering as provided in
7this Article and, if an extension was granted, the reason why
8the extension was granted and the date the sex offender was
9notified of the extension. The information shall also include
10a copy of the terms and conditions of parole or release signed
11by the sex offender and given to the sex offender by his or her
12supervising officer or aftercare specialist, the county of
13conviction, license plate numbers for every vehicle registered
14in the name of the sex offender, the age of the sex offender at
15the time of the commission of the offense, the age of the
16victim at the time of the commission of the offense, and any
17distinguishing marks located on the body of the sex offender.
18A sex offender convicted under Section 11-6, 11-20.1,
1911-20.1B, 11-20.3, or 11-21 of the Criminal Code of 1961 or the
20Criminal Code of 2012 shall provide all Internet protocol (IP)
21addresses in his or her residence, registered in his or her
22name, accessible at his or her place of employment, or
23otherwise under his or her control or custody. If the sex
24offender is a child sex offender as defined in Section 11-9.3
25or 11-9.4 of the Criminal Code of 1961 or the Criminal Code of
262012, the sex offender shall report to the registering agency

 

 

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1whether he or she is living in a household with a child under
218 years of age who is not his or her own child, provided that
3his or her own child is not the victim of the sex offense. The
4sex offender or sexual predator shall register:
5        (1) with the chief of police in the municipality in
6    which he or she resides or is temporarily domiciled for a
7    period of time of 3 or more days, unless the municipality
8    is the City of Chicago, in which case he or she shall
9    register at a fixed location designated by the
10    Superintendent of the Chicago Police Department; or
11        (2) with the sheriff in the county in which he or she
12    resides or is temporarily domiciled for a period of time
13    of 3 or more days in an unincorporated area or, if
14    incorporated, no police chief exists.
15    If the sex offender or sexual predator is employed at or
16attends an institution of higher education, he or she shall
17also register:
18        (i) with:
19            (A) the chief of police in the municipality in
20        which he or she is employed at or attends an
21        institution of higher education, unless the
22        municipality is the City of Chicago, in which case he
23        or she shall register at a fixed location designated
24        by the Superintendent of the Chicago Police
25        Department; or
26            (B) the sheriff in the county in which he or she is

 

 

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1        employed or attends an institution of higher education
2        located in an unincorporated area, or if incorporated,
3        no police chief exists; and
4        (ii) with the public safety or security director of
5    the institution of higher education which he or she is
6    employed at or attends.
7    The registration fees shall only apply to the municipality
8or county of primary registration, and not to campus
9registration.
10    For purposes of this Article, the place of residence or
11temporary domicile is defined as any and all places where the
12sex offender resides for an aggregate period of time of 3 or
13more days during any calendar year. Any person required to
14register under this Article who lacks a fixed address or
15temporary domicile must notify, in person, the agency of
16jurisdiction of his or her last known address within 3 days
17after ceasing to have a fixed residence.
18    A sex offender or sexual predator who is temporarily
19absent from his or her current address of registration for 3 or
20more days shall notify the law enforcement agency having
21jurisdiction of his or her current registration, including the
22itinerary for travel, in the manner provided in Section 6 of
23this Act for notification to the law enforcement agency having
24jurisdiction of change of address.
25    Any person who lacks a fixed residence must report weekly,
26in person, with the sheriff's office of the county in which he

 

 

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1or she is located in an unincorporated area, or with the chief
2of police in the municipality in which he or she is located.
3The agency of jurisdiction will document each weekly
4registration to include all the locations where the person has
5stayed during the past 7 days.
6    The sex offender or sexual predator shall provide accurate
7information as required by the Illinois Department of State
8Police. That information shall include the sex offender's or
9sexual predator's current place of employment.
10    (a-5) An out-of-state student or out-of-state employee
11shall, within 3 days after beginning school or employment in
12this State, register in person and provide accurate
13information as required by the Illinois Department of State
14Police. Such information will include current place of
15employment, school attended, and address in state of
16residence. A sex offender convicted under Section 11-6,
1711-20.1, 11-20.1B, 11-20.3, or 11-21 of the Criminal Code of
181961 or the Criminal Code of 2012 shall provide all Internet
19protocol (IP) addresses in his or her residence, registered in
20his or her name, accessible at his or her place of employment,
21or otherwise under his or her control or custody. The
22out-of-state student or out-of-state employee shall register:
23        (1) with:
24            (A) the chief of police in the municipality in
25        which he or she attends school or is employed for a
26        period of time of 5 or more days or for an aggregate

 

 

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1        period of time of more than 30 days during any calendar
2        year, unless the municipality is the City of Chicago,
3        in which case he or she shall register at a fixed
4        location designated by the Superintendent of the
5        Chicago Police Department; or
6            (B) the sheriff in the county in which he or she
7        attends school or is employed for a period of time of 5
8        or more days or for an aggregate period of time of more
9        than 30 days during any calendar year in an
10        unincorporated area or, if incorporated, no police
11        chief exists; and
12        (2) with the public safety or security director of the
13    institution of higher education he or she is employed at
14    or attends for a period of time of 5 or more days or for an
15    aggregate period of time of more than 30 days during a
16    calendar year.
17    The registration fees shall only apply to the municipality
18or county of primary registration, and not to campus
19registration.
20    The out-of-state student or out-of-state employee shall
21provide accurate information as required by the Illinois
22Department of State Police. That information shall include the
23out-of-state student's current place of school attendance or
24the out-of-state employee's current place of employment.
25    (a-10) Any law enforcement agency registering sex
26offenders or sexual predators in accordance with subsections

 

 

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1(a) or (a-5) of this Section shall forward to the Attorney
2General a copy of sex offender registration forms from persons
3convicted under Section 11-6, 11-20.1, 11-20.1B, 11-20.3, or
411-21 of the Criminal Code of 1961 or the Criminal Code of
52012, including periodic and annual registrations under
6Section 6 of this Act.
7    (b) Any sex offender, as defined in Section 2 of this Act,
8or sexual predator, regardless of any initial, prior, or other
9registration, shall, within 3 days of beginning school, or
10establishing a residence, place of employment, or temporary
11domicile in any county, register in person as set forth in
12subsection (a) or (a-5).
13    (c) The registration for any person required to register
14under this Article shall be as follows:
15        (1) Any person registered under the Habitual Child Sex
16    Offender Registration Act or the Child Sex Offender
17    Registration Act prior to January 1, 1996, shall be deemed
18    initially registered as of January 1, 1996; however, this
19    shall not be construed to extend the duration of
20    registration set forth in Section 7.
21        (2) Except as provided in subsection (c)(2.1) or
22    (c)(4), any person convicted or adjudicated prior to
23    January 1, 1996, whose liability for registration under
24    Section 7 has not expired, shall register in person prior
25    to January 31, 1996.
26        (2.1) A sex offender or sexual predator, who has never

 

 

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1    previously been required to register under this Act, has a
2    duty to register if the person has been convicted of any
3    felony offense after July 1, 2011. A person who previously
4    was required to register under this Act for a period of 10
5    years and successfully completed that registration period
6    has a duty to register if: (i) the person has been
7    convicted of any felony offense after July 1, 2011, and
8    (ii) the offense for which the 10 year registration was
9    served currently requires a registration period of more
10    than 10 years. Notification of an offender's duty to
11    register under this subsection shall be pursuant to
12    Section 5-7 of this Act.
13        (2.5) Except as provided in subsection (c)(4), any
14    person who has not been notified of his or her
15    responsibility to register shall be notified by a criminal
16    justice entity of his or her responsibility to register.
17    Upon notification the person must then register within 3
18    days of notification of his or her requirement to
19    register. Except as provided in subsection (c)(2.1), if
20    notification is not made within the offender's 10 year
21    registration requirement, and the Illinois Department of
22    State Police determines no evidence exists or indicates
23    the offender attempted to avoid registration, the offender
24    will no longer be required to register under this Act.
25        (3) Except as provided in subsection (c)(4), any
26    person convicted on or after January 1, 1996, shall

 

 

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1    register in person within 3 days after the entry of the
2    sentencing order based upon his or her conviction.
3        (4) Any person unable to comply with the registration
4    requirements of this Article because he or she is
5    confined, institutionalized, or imprisoned in Illinois on
6    or after January 1, 1996, shall register in person within
7    3 days of discharge, parole or release.
8        (5) The person shall provide positive identification
9    and documentation that substantiates proof of residence at
10    the registering address.
11        (6) The person shall pay a $100 initial registration
12    fee and a $100 annual renewal fee to the registering law
13    enforcement agency having jurisdiction. The registering
14    agency may waive the registration fee if it determines
15    that the person is indigent and unable to pay the
16    registration fee. Thirty-five dollars for the initial
17    registration fee and $35 of the annual renewal fee shall
18    be retained and used by the registering agency for
19    official purposes. Having retained $35 of the initial
20    registration fee and $35 of the annual renewal fee, the
21    registering agency shall remit the remainder of the fee to
22    State agencies within 30 days of receipt for deposit into
23    the State funds as follows:
24            (A) Five dollars of the initial registration fee
25        and $5 of the annual fee shall be remitted to the State
26        Treasurer who shall deposit the moneys into the Sex

 

 

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1        Offender Management Board Fund under Section 19 of the
2        Sex Offender Management Board Act. Money deposited
3        into the Sex Offender Management Board Fund shall be
4        administered by the Sex Offender Management Board and
5        shall be used by the Board to comply with the
6        provisions of the Sex Offender Management Board Act.
7            (B) Thirty dollars of the initial registration fee
8        and $30 of the annual renewal fee shall be remitted to
9        the Illinois Department of State Police which shall
10        deposit the moneys into the Offender Registration
11        Fund.
12            (C) Thirty dollars of the initial registration fee
13        and $30 of the annual renewal fee shall be remitted to
14        the Attorney General who shall deposit the moneys into
15        the Attorney General Sex Offender Awareness, Training,
16        and Education Fund. Moneys deposited into the Fund
17        shall be used by the Attorney General to administer
18        the I-SORT program and to alert and educate the
19        public, victims, and witnesses of their rights under
20        various victim notification laws and for training law
21        enforcement agencies, State's Attorneys, and medical
22        providers of their legal duties concerning the
23        prosecution and investigation of sex offenses.
24        The registering agency shall establish procedures to
25    document the receipt and remittance of the $100 initial
26    registration fee and $100 annual renewal fee.

 

 

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1    (d) Within 3 days after obtaining or changing employment
2and, if employed on January 1, 2000, within 5 days after that
3date, a person required to register under this Section must
4report, in person to the law enforcement agency having
5jurisdiction, the business name and address where he or she is
6employed. If the person has multiple businesses or work
7locations, every business and work location must be reported
8to the law enforcement agency having jurisdiction.
9(Source: P.A. 101-571, eff. 8-23-19.)
 
10    (730 ILCS 150/4)  (from Ch. 38, par. 224)
11    Sec. 4. Discharge of sex offender, as defined in Section 2
12of this Act, or sexual predator from Department of Corrections
13facility or other penal institution; duties of official in
14charge. Any sex offender, as defined in Section 2 of this Act,
15or sexual predator, as defined by this Article, who is
16discharged, paroled or released from a Department of
17Corrections or Department of Juvenile Justice facility, a
18facility where such person was placed by the Department of
19Corrections or Department of Juvenile Justice or another penal
20institution, and whose liability for registration has not
21terminated under Section 7 shall, prior to discharge, parole
22or release from the facility or institution, be informed of
23his or her duty to register in person within 3 days of release
24by the facility or institution in which he or she was confined.
25The facility or institution shall also inform any person who

 

 

HB3655- 2249 -LRB102 16922 WGH 22334 b

1must register that if he or she establishes a residence
2outside of the State of Illinois, is employed outside of the
3State of Illinois, or attends school outside of the State of
4Illinois, he or she must register in the new state within 3
5days after establishing the residence, beginning employment,
6or beginning school.
7    The facility shall require the person to read and sign
8such form as may be required by the Illinois Department of
9State Police stating that the duty to register and the
10procedure for registration has been explained to him or her
11and that he or she understands the duty to register and the
12procedure for registration. The facility shall further advise
13the person in writing that the failure to register or other
14violation of this Article shall result in revocation of
15parole, aftercare release, mandatory supervised release or
16conditional release. The facility shall obtain information
17about where the person expects to reside, work, and attend
18school upon his or her discharge, parole or release and shall
19report the information to the Illinois Department of State
20Police. The facility shall give one copy of the form to the
21person and shall send one copy to each of the law enforcement
22agencies having jurisdiction where the person expects to
23reside, work, and attend school upon his or her discharge,
24parole or release and retain one copy for the files.
25Electronic data files which includes all notification form
26information and photographs of sex offenders being released

 

 

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1from an Illinois Department of Corrections or Illinois
2Department of Juvenile Justice facility will be shared on a
3regular basis as determined between the Illinois Department of
4State Police, the Department of Corrections, and Department of
5Juvenile Justice.
6(Source: P.A. 98-558, eff. 1-1-14.)
 
7    (730 ILCS 150/5)  (from Ch. 38, par. 225)
8    Sec. 5. Release of sex offender, as defined in Section 2 of
9this Act, or sexual predator; duties of the Court. Any sex
10offender, as defined in Section 2 of this Act, or sexual
11predator, as defined by this Article, who is released on
12probation or discharged upon payment of a fine because of the
13commission of one of the offenses defined in subsection (B) of
14Section 2 of this Article, shall, prior to such release be
15informed of his or her duty to register under this Article by
16the Court in which he or she was convicted. The Court shall
17also inform any person who must register that if he or she
18establishes a residence outside of the State of Illinois, is
19employed outside of the State of Illinois, or attends school
20outside of the State of Illinois, he or she must register in
21the new state within 3 days after establishing the residence,
22beginning employment, or beginning school. The Court shall
23require the person to read and sign such form as may be
24required by the Illinois Department of State Police stating
25that the duty to register and the procedure for registration

 

 

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1has been explained to him or her and that he or she understands
2the duty to register and the procedure for registration. The
3Court shall further advise the person in writing that the
4failure to register or other violation of this Article shall
5result in probation revocation. The Court shall obtain
6information about where the person expects to reside, work,
7and attend school upon his or her release, and shall report the
8information to the Illinois Department of State Police. The
9Court shall give one copy of the form to the person and retain
10the original in the court records. The Illinois Department of
11State Police shall notify the law enforcement agencies having
12jurisdiction where the person expects to reside, work and
13attend school upon his or her release.
14(Source: P.A. 94-168, eff. 1-1-06; 95-640, eff. 6-1-08.)
 
15    (730 ILCS 150/5-5)
16    Sec. 5-5. Discharge of sex offender or sexual predator
17from a hospital or other treatment facility; duties of the
18official in charge. Any sex offender, as defined in Section 2
19of this Act, or sexual predator, as defined in this Article,
20who is discharged or released from a hospital or other
21treatment facility where he or she was confined shall be
22informed by the hospital or treatment facility in which he or
23she was confined, prior to discharge or release from the
24hospital or treatment facility, of his or her duty to register
25under this Article.

 

 

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1    The facility shall require the person to read and sign
2such form as may be required by the Illinois Department of
3State Police stating that the duty to register and the
4procedure for registration has been explained to him or her
5and that he or she understands the duty to register and the
6procedure for registration. The facility shall give one copy
7of the form to the person, retain one copy for their records,
8and forward the original to the Illinois Department of State
9Police. The facility shall obtain information about where the
10person expects to reside, work, and attend school upon his or
11her discharge, parole, or release and shall report the
12information to the Illinois Department of State Police within
133 days. The facility or institution shall also inform any
14person who must register that if he or she establishes a
15residence outside of the State of Illinois, is employed
16outside of the State of Illinois, or attends school outside of
17the State of Illinois, he or she must register in the new state
18within 3 days after establishing the residence, beginning
19school, or beginning employment. The Illinois Department of
20State Police shall notify the law enforcement agencies having
21jurisdiction where the person expects to reside, work, and
22attend school upon his or her release.
23(Source: P.A. 94-168, eff. 1-1-06; 95-640, eff. 6-1-08.)
 
24    (730 ILCS 150/5-10)
25    Sec. 5-10. Nonforwardable verification letters. The

 

 

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1Illinois Department of State Police shall mail a quarterly
2nonforwardable verification letter to each registered person
3who has been adjudicated to be sexually dangerous or is a
4sexually violent person and is later released, or found to be
5no longer sexually dangerous or no longer a sexually violent
6person and discharged, beginning 90 days from the date of his
7or her last registration. To any other person registered under
8this Article, the Illinois Department of State Police shall
9mail an annual nonforwardable verification letter, beginning
10one year from the date of his or her last registration. A
11person required to register under this Article who is mailed a
12verification letter shall complete, sign, and return the
13enclosed verification form to the Illinois Department of State
14Police postmarked within 10 days after the mailing date of the
15letter. A person's failure to return the verification form to
16the Illinois Department of State Police within 10 days after
17the mailing date of the letter shall be considered a violation
18of this Article.
19(Source: P.A. 90-193, eff. 7-24-97; 91-48, eff. 7-1-99.)
 
20    (730 ILCS 150/6)
21    Sec. 6. Duty to report; change of address, school, or
22employment; duty to inform. A person who has been adjudicated
23to be sexually dangerous or is a sexually violent person and is
24later released, or found to be no longer sexually dangerous or
25no longer a sexually violent person and discharged, or

 

 

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1convicted of a violation of this Act after July 1, 2005, shall
2report in person to the law enforcement agency with whom he or
3she last registered no later than 90 days after the date of his
4or her last registration and every 90 days thereafter and at
5such other times at the request of the law enforcement agency
6not to exceed 4 times a year. Such sexually dangerous or
7sexually violent person must report all new or changed e-mail
8addresses, all new or changed instant messaging identities,
9all new or changed chat room identities, and all other new or
10changed Internet communications identities that the sexually
11dangerous or sexually violent person uses or plans to use, all
12new or changed Uniform Resource Locators (URLs) registered or
13used by the sexually dangerous or sexually violent person, and
14all new or changed blogs and other Internet sites maintained
15by the sexually dangerous or sexually violent person or to
16which the sexually dangerous or sexually violent person has
17uploaded any content or posted any messages or information.
18Any person who lacks a fixed residence must report weekly, in
19person, to the appropriate law enforcement agency where the
20sex offender is located. Any other person who is required to
21register under this Article shall report in person to the
22appropriate law enforcement agency with whom he or she last
23registered within one year from the date of last registration
24and every year thereafter and at such other times at the
25request of the law enforcement agency not to exceed 4 times a
26year. If any person required to register under this Article

 

 

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1lacks a fixed residence or temporary domicile, he or she must
2notify, in person, the agency of jurisdiction of his or her
3last known address within 3 days after ceasing to have a fixed
4residence and if the offender leaves the last jurisdiction of
5residence, he or she, must within 3 days after leaving
6register in person with the new agency of jurisdiction. If any
7other person required to register under this Article changes
8his or her residence address, place of employment, telephone
9number, cellular telephone number, or school, he or she shall
10report in person, to the law enforcement agency with whom he or
11she last registered, his or her new address, change in
12employment, telephone number, cellular telephone number, or
13school, all new or changed e-mail addresses, all new or
14changed instant messaging identities, all new or changed chat
15room identities, and all other new or changed Internet
16communications identities that the sex offender uses or plans
17to use, all new or changed Uniform Resource Locators (URLs)
18registered or used by the sex offender, and all new or changed
19blogs and other Internet sites maintained by the sex offender
20or to which the sex offender has uploaded any content or posted
21any messages or information, and register, in person, with the
22appropriate law enforcement agency within the time period
23specified in Section 3. If the sex offender is a child sex
24offender as defined in Section 11-9.3 or 11-9.4 of the
25Criminal Code of 1961 or the Criminal Code of 2012, the sex
26offender shall within 3 days after beginning to reside in a

 

 

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1household with a child under 18 years of age who is not his or
2her own child, provided that his or her own child is not the
3victim of the sex offense, report that information to the
4registering law enforcement agency. The law enforcement agency
5shall, within 3 days of the reporting in person by the person
6required to register under this Article, notify the Illinois
7Department of State Police of the new place of residence,
8change in employment, telephone number, cellular telephone
9number, or school.
10    If any person required to register under this Article
11intends to establish a residence or employment outside of the
12State of Illinois, at least 10 days before establishing that
13residence or employment, he or she shall report in person to
14the law enforcement agency with which he or she last
15registered of his or her out-of-state intended residence or
16employment. The law enforcement agency with which such person
17last registered shall, within 3 days after the reporting in
18person of the person required to register under this Article
19of an address or employment change, notify the Illinois
20Department of State Police. The Illinois Department of State
21Police shall forward such information to the out-of-state law
22enforcement agency having jurisdiction in the form and manner
23prescribed by the Illinois Department of State Police.
24(Source: P.A. 96-1094, eff. 1-1-11; 96-1104, eff. 1-1-11;
2597-333, eff. 8-12-11; 97-1150, eff. 1-25-13.)
 

 

 

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1    (730 ILCS 150/7)  (from Ch. 38, par. 227)
2    Sec. 7. Duration of registration. A person who has been
3adjudicated to be sexually dangerous and is later released or
4found to be no longer sexually dangerous and discharged, shall
5register for the period of his or her natural life. A sexually
6violent person or sexual predator shall register for the
7period of his or her natural life after conviction or
8adjudication if not confined to a penal institution, hospital,
9or other institution or facility, and if confined, for the
10period of his or her natural life after parole, discharge, or
11release from any such facility. A person who becomes subject
12to registration under paragraph (2.1) of subsection (c) of
13Section 3 of this Article who has previously been subject to
14registration under this Article shall register for the period
15currently required for the offense for which the person was
16previously registered if not confined to a penal institution,
17hospital, or other institution or facility, and if confined,
18for the same period after parole, discharge, or release from
19any such facility. Except as otherwise provided in this
20Section, a person who becomes subject to registration under
21this Article who has previously been subject to registration
22under this Article or under the Murderer and Violent Offender
23Against Youth Registration Act or similar registration
24requirements of other jurisdictions shall register for the
25period of his or her natural life if not confined to a penal
26institution, hospital, or other institution or facility, and

 

 

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1if confined, for the period of his or her natural life after
2parole, discharge, or release from any such facility. Any
3other person who is required to register under this Article
4shall be required to register for a period of 10 years after
5conviction or adjudication if not confined to a penal
6institution, hospital or any other institution or facility,
7and if confined, for a period of 10 years after parole,
8discharge or release from any such facility. A sex offender
9who is allowed to leave a county, State, or federal facility
10for the purposes of work release, education, or overnight
11visitations shall be required to register within 3 days of
12beginning such a program. Liability for registration
13terminates at the expiration of 10 years from the date of
14conviction or adjudication if not confined to a penal
15institution, hospital or any other institution or facility and
16if confined, at the expiration of 10 years from the date of
17parole, discharge or release from any such facility, providing
18such person does not, during that period, again become liable
19to register under the provisions of this Article.
20Reconfinement due to a violation of parole or other
21circumstances that relates to the original conviction or
22adjudication shall extend the period of registration to 10
23years after final parole, discharge, or release. Reconfinement
24due to a violation of parole, a conviction reviving
25registration, or other circumstances that do not relate to the
26original conviction or adjudication shall toll the running of

 

 

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1the balance of the 10-year period of registration, which shall
2not commence running until after final parole, discharge, or
3release. The Director of the Illinois State Police, consistent
4with administrative rules, shall extend for 10 years the
5registration period of any sex offender, as defined in Section
62 of this Act, who fails to comply with the provisions of this
7Article. The registration period for any sex offender who
8fails to comply with any provision of the Act shall extend the
9period of registration by 10 years beginning from the first
10date of registration after the violation. If the registration
11period is extended, the Illinois Department of State Police
12shall send a registered letter to the law enforcement agency
13where the sex offender resides within 3 days after the
14extension of the registration period. The sex offender shall
15report to that law enforcement agency and sign for that
16letter. One copy of that letter shall be kept on file with the
17law enforcement agency of the jurisdiction where the sex
18offender resides and one copy shall be returned to the
19Illinois Department of State Police.
20(Source: P.A. 97-154, eff. 1-1-12; 97-578, eff. 1-1-12;
2197-813, eff. 7-13-12.)
 
22    (730 ILCS 150/8)  (from Ch. 38, par. 228)
23    Sec. 8. Registration and DNA submission requirements.
24    (a) Registration. Registration as required by this Article
25shall consist of a statement in writing signed by the person

 

 

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1giving the information that is required by the Illinois
2Department of State Police, which may include the fingerprints
3and must include a current photograph of the person, to be
4updated annually. If the sex offender is a child sex offender
5as defined in Section 11-9.3 or 11-9.4 of the Criminal Code of
61961 or the Criminal Code of 2012, he or she shall sign a
7statement that he or she understands that according to
8Illinois law as a child sex offender he or she may not reside
9within 500 feet of a school, park, or playground. The offender
10may also not reside within 500 feet of a facility providing
11services directed exclusively toward persons under 18 years of
12age unless the sex offender meets specified exemptions. The
13registration information must include whether the person is a
14sex offender as defined in the Sex Offender Community
15Notification Law. Within 3 days, the registering law
16enforcement agency shall forward any required information to
17the Illinois Department of State Police. The registering law
18enforcement agency shall enter the information into the Law
19Enforcement Agencies Data System (LEADS) as provided in
20Sections 6 and 7 of the Intergovernmental Missing Child
21Recovery Act of 1984.
22    (b) DNA submission. Every person registering as a sex
23offender pursuant to this Act, regardless of the date of
24conviction or the date of initial registration who is required
25to submit specimens of blood, saliva, or tissue for DNA
26analysis as required by subsection (a) of Section 5-4-3 of the

 

 

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1Unified Code of Corrections shall submit the specimens as
2required by that Section. Registered sex offenders who have
3previously submitted a DNA specimen which has been uploaded to
4the Illinois DNA database shall not be required to submit an
5additional specimen pursuant to this Section.
6(Source: P.A. 97-383, eff. 1-1-12; 97-1150, eff. 1-25-13.)
 
7    (730 ILCS 150/8-5)
8    Sec. 8-5. Verification requirements.
9    (a) Address verification. The agency having jurisdiction
10shall verify the address of sex offenders, as defined in
11Section 2 of this Act, or sexual predators required to
12register with their agency at least once per year. The
13verification must be documented in LEADS in the form and
14manner required by the Illinois Department of State Police.
15    (a-5) Internet Protocol address verification. The agency
16having jurisdiction may verify the Internet protocol (IP)
17address of sex offenders, as defined in Section 2 of this Act,
18who are required to register with their agency under Section 3
19of this Act. A copy of any such verification must be sent to
20the Attorney General for entrance in the Illinois Cyber-crimes
21Location Database pursuant to Section 5-4-3.2 of the Unified
22Code of Corrections.
23    (b) Registration verification. The supervising officer or
24aftercare specialist, shall, within 15 days of sentencing to
25probation or release from an Illinois Department of

 

 

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1Corrections or Illinois Department of Juvenile Justice
2facility or other penal institution, contact the law
3enforcement agency in the jurisdiction in which the sex
4offender or sexual predator designated as his or her intended
5residence and verify compliance with the requirements of this
6Act. Revocation proceedings shall be immediately commenced
7against a sex offender or sexual predator on probation,
8parole, aftercare release, or mandatory supervised release who
9fails to comply with the requirements of this Act.
10    (c) In an effort to ensure that sexual predators and sex
11offenders who fail to respond to address-verification attempts
12or who otherwise abscond from registration are located in a
13timely manner, the Illinois Department of State Police shall
14share information with local law enforcement agencies. The
15Department shall use analytical resources to assist local law
16enforcement agencies to determine the potential whereabouts of
17any sexual predator or sex offender who fails to respond to
18address-verification attempts or who otherwise absconds from
19registration. The Department shall review and analyze all
20available information concerning any such predator or offender
21who fails to respond to address-verification attempts or who
22otherwise absconds from registration and provide the
23information to local law enforcement agencies in order to
24assist the agencies in locating and apprehending the sexual
25predator or sex offender.
26(Source: P.A. 98-558, eff. 1-1-14.)
 

 

 

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1    (730 ILCS 150/11)
2    Sec. 11. Offender Registration Fund. There is created the
3Offender Registration Fund (formerly known as the Sex Offender
4Registration Fund). Moneys in the Fund shall be used to cover
5costs incurred by the criminal justice system to administer
6this Article and the Murderer and Violent Offender Against
7Youth Registration Act, and for purposes as authorized under
8Section 5-9-1.15 of the Unified Code of Corrections. The
9Illinois Department of State Police shall establish and
10promulgate rules and procedures regarding the administration
11of this Fund. Fifty percent of the moneys in the Fund shall be
12allocated by the Department for sheriffs' offices and police
13departments. The remaining moneys in the Fund received under
14this amendatory Act of the 101st General Assembly shall be
15allocated to the Illinois State Police for education and
16administration of the Act.
17(Source: P.A. 101-571, eff. 8-23-19.)
 
18    Section 1070. The Sex Offender Community Notification Law
19is amended by changing Sections 115, 116, 117, 120, and 121 as
20follows:
 
21    (730 ILCS 152/115)
22    Sec. 115. Sex offender database.
23    (a) The Illinois Department of State Police shall

 

 

HB3655- 2264 -LRB102 16922 WGH 22334 b

1establish and maintain a Statewide Sex Offender Database for
2the purpose of identifying sex offenders and making that
3information available to the persons specified in Sections 120
4and 125 of this Law. The Database shall be created from the Law
5Enforcement Agencies Data System (LEADS) established under
6Section 6 of the Intergovernmental Missing Child Recovery Act
7of 1984. The Illinois Department of State Police shall examine
8its LEADS database for persons registered as sex offenders
9under the Sex Offender Registration Act and shall identify
10those who are sex offenders and shall add all the information,
11including photographs if available, on those sex offenders to
12the Statewide Sex Offender Database.
13    (b) The Illinois Department of State Police must make the
14information contained in the Statewide Sex Offender Database
15accessible on the Internet by means of a hyperlink labeled
16"Sex Offender Information" on the Department's World Wide Web
17home page. The Department must make the information contained
18in the Statewide Sex Offender Database searchable via a
19mapping system which identifies registered sex offenders
20living within 5 miles of an identified address. The Illinois
21Department of State Police must update that information as it
22deems necessary.
23    The Illinois Department of State Police may require that a
24person who seeks access to the sex offender information submit
25biographical information about himself or herself before
26permitting access to the sex offender information. The

 

 

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1Illinois Department of State Police must promulgate rules in
2accordance with the Illinois Administrative Procedure Act to
3implement this subsection (b) and those rules must include
4procedures to ensure that the information in the database is
5accurate.
6    (c) The Illinois Department of State Police, Sex Offender
7Registration Unit, must develop and conduct training to
8educate all those entities involved in the Sex Offender
9Registration Program.
10(Source: P.A. 93-979, eff. 8-20-04; 94-994, eff. 1-1-07.)
 
11    (730 ILCS 152/116)
12    Sec. 116. Missing Sex Offender Database.
13    (a) The Illinois Department of State Police shall
14establish and maintain a Statewide Missing Sex Offender
15Database for the purpose of identifying missing sex offenders
16and making that information available to the persons specified
17in Sections 120 and 125 of this Law. The Database shall be
18created from the Law Enforcement Agencies Data System (LEADS)
19established under Section 6 of the Intergovernmental Missing
20Child Recovery Act of 1984. The Illinois Department of State
21Police shall examine its LEADS database for persons registered
22as sex offenders under the Sex Offender Registration Act and
23shall identify those who are sex offenders and who have not
24complied with the provisions of Section 6 of that Act or whose
25address can not be verified under Section 8-5 of that Act and

 

 

HB3655- 2266 -LRB102 16922 WGH 22334 b

1shall add all the information, including photographs if
2available, on those missing sex offenders to the Statewide Sex
3Offender Database.
4    (b) The Illinois Department of State Police must make the
5information contained in the Statewide Missing Sex Offender
6Database accessible on the Internet by means of a hyperlink
7labeled "Missing Sex Offender Information" on the Department's
8World Wide Web home page and on the Attorney General's I-SORT
9page. The Illinois Department of State Police must update that
10information as it deems necessary. The Internet page shall
11also include information that rewards may be available to
12persons who inform the Illinois Department of State Police or
13a local law enforcement agency of the whereabouts of a missing
14sex offender.
15    The Illinois Department of State Police may require that a
16person who seeks access to the missing sex offender
17information submit biographical information about himself or
18herself before permitting access to the missing sex offender
19information. The Illinois Department of State Police must
20promulgate rules in accordance with the Illinois
21Administrative Procedure Act to implement this subsection (b)
22and those rules must include procedures to ensure that the
23information in the database is accurate.
24    (c) The Illinois Department of State Police, Sex Offender
25Registration Unit, must develop and conduct training to
26educate all those entities involved in the Missing Sex

 

 

HB3655- 2267 -LRB102 16922 WGH 22334 b

1Offender Registration Program.
2(Source: P.A. 98-921, eff. 8-15-14.)
 
3    (730 ILCS 152/117)
4    Sec. 117. The Illinois Department of State Police shall
5promulgate rules to develop a list of sex offenders covered by
6this Act and a list of child care facilities, schools, and
7institutions of higher education eligible to receive notice
8under this Act, so that the list can be disseminated in a
9timely manner to law enforcement agencies having jurisdiction.
10(Source: P.A. 92-828, eff. 8-22-02.)
 
11    (730 ILCS 152/120)
12    Sec. 120. Community notification of sex offenders.
13    (a) The sheriff of the county, except Cook County, shall
14disclose to the following the name, address, date of birth,
15place of employment, school attended, e-mail addresses,
16instant messaging identities, chat room identities, other
17Internet communications identities, all Uniform Resource
18Locators (URLs) registered or used by the sex offender, all
19blogs and other Internet sites maintained by the sex offender
20or to which the sex offender has uploaded any content or posted
21any messages or information, and offense or adjudication of
22all sex offenders required to register under Section 3 of the
23Sex Offender Registration Act:
24        (1) The boards of institutions of higher education or

 

 

HB3655- 2268 -LRB102 16922 WGH 22334 b

1    other appropriate administrative offices of each
2    non-public institution of higher education located in the
3    county where the sex offender is required to register,
4    resides, is employed, or is attending an institution of
5    higher education;
6        (2) School boards of public school districts and the
7    principal or other appropriate administrative officer of
8    each nonpublic school located in the county where the sex
9    offender is required to register or is employed;
10        (3) Child care facilities located in the county where
11    the sex offender is required to register or is employed;
12        (4) Libraries located in the county where the sex
13    offender is required to register or is employed;
14        (5) Public libraries located in the county where the
15    sex offender is required to register or is employed;
16        (6) Public housing agencies located in the county
17    where the sex offender is required to register or is
18    employed;
19        (7) The Illinois Department of Children and Family
20    Services;
21        (8) Social service agencies providing services to
22    minors located in the county where the sex offender is
23    required to register or is employed;
24        (9) Volunteer organizations providing services to
25    minors located in the county where the sex offender is
26    required to register or is employed; and

 

 

HB3655- 2269 -LRB102 16922 WGH 22334 b

1        (10) A victim of a sex offense residing in the county
2    where the sex offender is required to register or is
3    employed, who is not otherwise required to be notified
4    under Section 4.5 of the Rights of Crime Victims and
5    Witnesses Act or Section 75 of the Sexually Violent
6    Persons Commitment Act.
7    (a-2) The sheriff of Cook County shall disclose to the
8following the name, address, date of birth, place of
9employment, school attended, e-mail addresses, instant
10messaging identities, chat room identities, other Internet
11communications identities, all Uniform Resource Locators
12(URLs) registered or used by the sex offender, all blogs and
13other Internet sites maintained by the sex offender or to
14which the sex offender has uploaded any content or posted any
15messages or information, and offense or adjudication of all
16sex offenders required to register under Section 3 of the Sex
17Offender Registration Act:
18        (1) School boards of public school districts and the
19    principal or other appropriate administrative officer of
20    each nonpublic school located within the region of Cook
21    County, as those public school districts and nonpublic
22    schools are identified in LEADS, other than the City of
23    Chicago, where the sex offender is required to register or
24    is employed;
25        (2) Child care facilities located within the region of
26    Cook County, as those child care facilities are identified

 

 

HB3655- 2270 -LRB102 16922 WGH 22334 b

1    in LEADS, other than the City of Chicago, where the sex
2    offender is required to register or is employed;
3        (3) The boards of institutions of higher education or
4    other appropriate administrative offices of each
5    non-public institution of higher education located in the
6    county, other than the City of Chicago, where the sex
7    offender is required to register, resides, is employed, or
8    attending an institution of higher education;
9        (4) Libraries located in the county, other than the
10    City of Chicago, where the sex offender is required to
11    register, resides, is employed, or is attending an
12    institution of higher education;
13        (5) Public libraries located in the county, other than
14    the City of Chicago, where the sex offender is required to
15    register, resides, is employed, or attending an
16    institution of higher education;
17        (6) Public housing agencies located in the county,
18    other than the City of Chicago, where the sex offender is
19    required to register, resides, is employed, or attending
20    an institution of higher education;
21        (7) The Illinois Department of Children and Family
22    Services;
23        (8) Social service agencies providing services to
24    minors located in the county, other than the City of
25    Chicago, where the sex offender is required to register,
26    resides, is employed, or attending an institution of

 

 

HB3655- 2271 -LRB102 16922 WGH 22334 b

1    higher education;
2        (9) Volunteer organizations providing services to
3    minors located in the county, other than the City of
4    Chicago, where the sex offender is required to register,
5    resides, is employed, or attending an institution of
6    higher education; and
7        (10) A victim of a sex offense residing in the county,
8    other than the City of Chicago, where the sex offender is
9    required to register, resides, is employed, or attends an
10    institution of higher education, who is not otherwise
11    required to be notified under Section 4.5 of the Rights of
12    Crime Victims and Witnesses Act or Section 75 of the
13    Sexually Violent Persons Commitment Act.
14    (a-3) The Chicago Police Department shall disclose to the
15following the name, address, date of birth, place of
16employment, school attended, e-mail addresses, instant
17messaging identities, chat room identities, other Internet
18communications identities, all Uniform Resource Locators
19(URLs) registered or used by the sex offender, all blogs and
20other Internet sites maintained by the sex offender or to
21which the sex offender has uploaded any content or posted any
22messages or information, and offense or adjudication of all
23sex offenders required to register under Section 3 of the Sex
24Offender Registration Act:
25        (1) School boards of public school districts and the
26    principal or other appropriate administrative officer of

 

 

HB3655- 2272 -LRB102 16922 WGH 22334 b

1    each nonpublic school located in the police district where
2    the sex offender is required to register or is employed if
3    the offender is required to register or is employed in the
4    City of Chicago;
5        (2) Child care facilities located in the police
6    district where the sex offender is required to register or
7    is employed if the offender is required to register or is
8    employed in the City of Chicago;
9        (3) The boards of institutions of higher education or
10    other appropriate administrative offices of each
11    non-public institution of higher education located in the
12    police district where the sex offender is required to
13    register, resides, is employed, or attending an
14    institution of higher education in the City of Chicago;
15        (4) Libraries located in the police district where the
16    sex offender is required to register or is employed if the
17    offender is required to register or is employed in the
18    City of Chicago;
19        (5) Public libraries located in the police district
20    where the sex offender is required to register, resides,
21    is employed, or attending an institution of higher
22    education in the City of Chicago;
23        (6) Public housing agencies located in the police
24    district where the sex offender is required to register,
25    resides, is employed, or attending an institution of
26    higher education in the City of Chicago;

 

 

HB3655- 2273 -LRB102 16922 WGH 22334 b

1        (7) The Illinois Department of Children and Family
2    Services;
3        (8) Social service agencies providing services to
4    minors located in the police district where the sex
5    offender is required to register, resides, is employed, or
6    attending an institution of higher education in the City
7    of Chicago;
8        (9) Volunteer organizations providing services to
9    minors located in the police district where the sex
10    offender is required to register, resides, is employed, or
11    attending an institution of higher education in the City
12    of Chicago; and
13        (10) A victim of a sex offense residing in the police
14    district where the sex offender is required to register,
15    resides, is employed, or attends an institution of higher
16    education in the City of Chicago, who is not otherwise
17    required to be notified under Section 4.5 of the Rights of
18    Crime Victims and Witnesses Act or Section 75 of the
19    Sexually Violent Persons Commitment Act.
20    (a-4) The Illinois Department of State Police shall
21provide a list of sex offenders required to register to the
22Illinois Department of Children and Family Services.
23    (b) The Illinois Department of State Police and any law
24enforcement agency may disclose, in the Department's or
25agency's discretion, the following information to any person
26likely to encounter a sex offender, or sexual predator:

 

 

HB3655- 2274 -LRB102 16922 WGH 22334 b

1        (1) The offender's name, address, date of birth,
2    e-mail addresses, instant messaging identities, chat room
3    identities, and other Internet communications identities,
4    all Uniform Resource Locators (URLs) registered or used by
5    the sex offender, and all blogs and other Internet sites
6    maintained by the sex offender or to which the sex
7    offender has uploaded any content or posted any messages
8    or information.
9        (2) The offense for which the offender was convicted.
10        (3) Adjudication as a sexually dangerous person.
11        (4) The offender's photograph or other such
12    information that will help identify the sex offender.
13        (5) Offender employment information, to protect public
14    safety.
15    (c) The name, address, date of birth, e-mail addresses,
16instant messaging identities, chat room identities, other
17Internet communications identities, all Uniform Resource
18Locators (URLs) registered or used by the sex offender, all
19blogs and other Internet sites maintained by the sex offender
20or to which the sex offender has uploaded any content or posted
21any messages or information, offense or adjudication, the
22county of conviction, license plate numbers for every vehicle
23registered in the name of the sex offender, the age of the sex
24offender at the time of the commission of the offense, the age
25of the victim at the time of the commission of the offense, and
26any distinguishing marks located on the body of the sex

 

 

HB3655- 2275 -LRB102 16922 WGH 22334 b

1offender for sex offenders required to register under Section
23 of the Sex Offender Registration Act shall be open to
3inspection by the public as provided in this Section. Every
4municipal police department shall make available at its
5headquarters the information on all sex offenders who are
6required to register in the municipality under the Sex
7Offender Registration Act. The sheriff shall also make
8available at his or her headquarters the information on all
9sex offenders who are required to register under that Act and
10who live in unincorporated areas of the county. Sex offender
11information must be made available for public inspection to
12any person, no later than 72 hours or 3 business days from the
13date of the request. The request must be made in person, in
14writing, or by telephone. Availability must include giving the
15inquirer access to a facility where the information may be
16copied. A department or sheriff may charge a fee, but the fee
17may not exceed the actual costs of copying the information. An
18inquirer must be allowed to copy this information in his or her
19own handwriting. A department or sheriff must allow access to
20the information during normal public working hours. The
21sheriff or a municipal police department may publish the
22photographs of sex offenders where any victim was 13 years of
23age or younger and who are required to register in the
24municipality or county under the Sex Offender Registration Act
25in a newspaper or magazine of general circulation in the
26municipality or county or may disseminate the photographs of

 

 

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1those sex offenders on the Internet or on television. The law
2enforcement agency may make available the information on all
3sex offenders residing within any county.
4    (d) The Illinois Department of State Police and any law
5enforcement agency having jurisdiction may, in the
6Department's or agency's discretion, place the information
7specified in subsection (b) on the Internet or in other media.
8    (e) (Blank).
9    (f) The administrator of a transitional housing facility
10for sex offenders shall comply with the notification
11procedures established in paragraph (4) of subsection (b) of
12Section 3-17-5 of the Unified Code of Corrections.
13    (g) A principal or teacher of a public or private
14elementary or secondary school shall notify the parents of
15children attending the school during school registration or
16during parent-teacher conferences that information about sex
17offenders is available to the public as provided in this Act.
18    (h) In order to receive notice under paragraph (10) of
19subsection (a), paragraph (10) of subsection (a-2), or
20paragraph (10) of subsection (a-3), the victim of the sex
21offense must notify the appropriate sheriff or the Chicago
22Police Department in writing, by facsimile transmission, or by
23e-mail that the victim desires to receive such notice.
24    (i) For purposes of this Section, "victim of a sex
25offense" means:
26        (1) the victim of the sex offense; or

 

 

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1        (2) a single representative who may be the spouse,
2    parent, child, or sibling of a person killed during the
3    course of a sex offense perpetrated against the person
4    killed or the spouse, parent, child, or sibling of any
5    victim of a sex offense who is physically or mentally
6    incapable of comprehending or requesting notice.
7(Source: P.A. 94-161, eff. 7-11-05; 94-168, eff. 1-1-06;
894-994, eff. 1-1-07; 95-229, eff. 8-16-07; 95-278, eff.
98-17-07; 95-640, eff. 6-1-08; 95-876, eff. 8-21-08; 95-896,
10eff. 1-1-09.)
 
11    (730 ILCS 152/121)
12    Sec. 121. Notification regarding juvenile offenders.
13    (a) The Illinois Department of State Police and any law
14enforcement agency having jurisdiction may, in the
15Department's or agency's discretion, only provide the
16information specified in subsection (b) of Section 120 of this
17Act, with respect to an adjudicated juvenile delinquent, to
18any person when that person's safety may be compromised for
19some reason related to the juvenile sex offender.
20    (b) The local law enforcement agency having jurisdiction
21to register the juvenile sex offender shall ascertain from the
22juvenile sex offender whether the juvenile sex offender is
23enrolled in school; and if so, shall provide a copy of the sex
24offender registration form only to the principal or chief
25administrative officer of the school and any guidance

 

 

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1counselor designated by him or her. The registration form
2shall be kept separately from any and all school records
3maintained on behalf of the juvenile sex offender.
4(Source: P.A. 94-168, eff. 1-1-06; 95-331, eff. 8-21-07.)
 
5    Section 1075. The Murderer and Violent Offender Against
6Youth Registration Act is amended by changing Sections 10, 11,
713, 15, 20, 25, 30, 40, 45, 46, 50, 85, 90, 95, and 100 as
8follows:
 
9    (730 ILCS 154/10)
10    Sec. 10. Duty to register.
11    (a) A violent offender against youth shall, within the
12time period prescribed in subsections (b) and (c), register in
13person and provide accurate information as required by the
14Illinois Department of State Police. Such information shall
15include a current photograph, current address, current place
16of employment, the employer's telephone number, school
17attended, extensions of the time period for registering as
18provided in this Act and, if an extension was granted, the
19reason why the extension was granted and the date the violent
20offender against youth was notified of the extension. A person
21who has been adjudicated a juvenile delinquent for an act
22which, if committed by an adult, would be a violent offense
23against youth shall register as an adult violent offender
24against youth within 10 days after attaining 17 years of age.

 

 

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1The violent offender against youth shall register:
2        (1) with the chief of police in the municipality in
3    which he or she resides or is temporarily domiciled for a
4    period of time of 5 or more days, unless the municipality
5    is the City of Chicago, in which case he or she shall
6    register at a fixed location designated by the
7    Superintendent of the Chicago Police Department; or
8        (2) with the sheriff in the county in which he or she
9    resides or is temporarily domiciled for a period of time
10    of 5 or more days in an unincorporated area or, if
11    incorporated, no police chief exists.
12    If the violent offender against youth is employed at or
13attends an institution of higher education, he or she shall
14register:
15        (i) with the chief of police in the municipality in
16    which he or she is employed at or attends an institution of
17    higher education, unless the municipality is the City of
18    Chicago, in which case he or she shall register at a fixed
19    location designated by the Superintendent of the Chicago
20    Police Department; or
21        (ii) with the sheriff in the county in which he or she
22    is employed or attends an institution of higher education
23    located in an unincorporated area, or if incorporated, no
24    police chief exists.
25    For purposes of this Act, the place of residence or
26temporary domicile is defined as any and all places where the

 

 

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1violent offender against youth resides for an aggregate period
2of time of 5 or more days during any calendar year. Any person
3required to register under this Act who lacks a fixed address
4or temporary domicile must notify, in person, the agency of
5jurisdiction of his or her last known address within 5 days
6after ceasing to have a fixed residence.
7    Any person who lacks a fixed residence must report weekly,
8in person, with the sheriff's office of the county in which he
9or she is located in an unincorporated area, or with the chief
10of police in the municipality in which he or she is located.
11The agency of jurisdiction will document each weekly
12registration to include all the locations where the person has
13stayed during the past 7 days.
14    The violent offender against youth shall provide accurate
15information as required by the Illinois Department of State
16Police. That information shall include the current place of
17employment of the violent offender against youth.
18    (a-5) An out-of-state student or out-of-state employee
19shall, within 5 days after beginning school or employment in
20this State, register in person and provide accurate
21information as required by the Illinois Department of State
22Police. Such information will include current place of
23employment, school attended, and address in state of
24residence. The out-of-state student or out-of-state employee
25shall register:
26        (1) with the chief of police in the municipality in

 

 

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1    which he or she attends school or is employed for a period
2    of time of 5 or more days or for an aggregate period of
3    time of more than 30 days during any calendar year, unless
4    the municipality is the City of Chicago, in which case he
5    or she shall register at a fixed location designated by
6    the Superintendent of the Chicago Police Department; or
7        (2) with the sheriff in the county in which he or she
8    attends school or is employed for a period of time of 5 or
9    more days or for an aggregate period of time of more than
10    30 days during any calendar year in an unincorporated area
11    or, if incorporated, no police chief exists.
12    The out-of-state student or out-of-state employee shall
13provide accurate information as required by the Illinois
14Department of State Police. That information shall include the
15out-of-state student's current place of school attendance or
16the out-of-state employee's current place of employment.
17    (b) Any violent offender against youth regardless of any
18initial, prior, or other registration, shall, within 5 days of
19beginning school, or establishing a residence, place of
20employment, or temporary domicile in any county, register in
21person as set forth in subsection (a) or (a-5).
22    (c) The registration for any person required to register
23under this Act shall be as follows:
24        (1) Except as provided in paragraph (3) of this
25    subsection (c), any person who has not been notified of
26    his or her responsibility to register shall be notified by

 

 

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1    a criminal justice entity of his or her responsibility to
2    register. Upon notification the person must then register
3    within 5 days of notification of his or her requirement to
4    register. If notification is not made within the
5    offender's 10 year registration requirement, and the
6    Illinois Department of State Police determines no evidence
7    exists or indicates the offender attempted to avoid
8    registration, the offender will no longer be required to
9    register under this Act.
10        (2) Except as provided in paragraph (3) of this
11    subsection (c), any person convicted on or after the
12    effective date of this Act shall register in person within
13    5 days after the entry of the sentencing order based upon
14    his or her conviction.
15        (3) Any person unable to comply with the registration
16    requirements of this Act because he or she is confined,
17    institutionalized, or imprisoned in Illinois on or after
18    the effective date of this Act shall register in person
19    within 5 days of discharge, parole or release.
20        (4) The person shall provide positive identification
21    and documentation that substantiates proof of residence at
22    the registering address.
23        (5) The person shall pay a $20 initial registration
24    fee and a $10 annual renewal fee. The fees shall be
25    deposited into the Offender Registration Fund. The fees
26    shall be used by the registering agency for official

 

 

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1    purposes. The agency shall establish procedures to
2    document receipt and use of the funds. The law enforcement
3    agency having jurisdiction may waive the registration fee
4    if it determines that the person is indigent and unable to
5    pay the registration fee.
6    (d) Within 5 days after obtaining or changing employment,
7a person required to register under this Section must report,
8in person to the law enforcement agency having jurisdiction,
9the business name and address where he or she is employed. If
10the person has multiple businesses or work locations, every
11business and work location must be reported to the law
12enforcement agency having jurisdiction.
13(Source: P.A. 101-571, eff. 8-23-19.)
 
14    (730 ILCS 154/11)
15    Sec. 11. Transfer from the sex offender registry.
16    (a) The registration information for a person registered
17under the Sex Offender Registration Act who was convicted or
18adjudicated for an offense listed in subsection (b) of Section
195 of this Act may only be transferred to the Murderer and
20Violent Offender Against Youth Registry if all the following
21conditions are met:
22        (1) The offender's sole offense requiring registration
23    was a conviction or adjudication for an offense or
24    offenses listed in subsection (b) of Section 5 of this
25    Act.

 

 

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1        (2) The State's Attorney's Office in the county in
2    which the offender was convicted has verified, on a form
3    prescribed by the Illinois State Police, that the person's
4    crime that required or requires registration was not
5    sexually motivated as defined in Section 10 of the Sex
6    Offender Management Board Act.
7        (3) The completed form has been received by the
8    registering law enforcement agency and the Illinois State
9    Police's Sex Offender Registration Unit.
10    (b) Transfer under this Section shall not extend the
11registration period for offenders who were registered under
12the Sex Offender Registration Act.
13(Source: P.A. 97-154, eff. 1-1-12.)
 
14    (730 ILCS 154/13)
15    Sec. 13. Request for Review.
16    (a) Any person who is required to register under this Act
17may file a Request for Review with the office of the State's
18Attorney of the county in which he or she was convicted, and
19request that the office of the State's Attorney review his or
20her registration information. Upon receipt of a Request for
21Review, the State's Attorney shall review the information
22provided by the offender, and if he or she determines that the
23information currently relied upon for registration is
24inaccurate, the State's Attorney shall correct the error
25before reporting the offender's personal information to the

 

 

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1Illinois Department of State Police. If the State's Attorney
2makes a determination to deny a Request for Review, the
3State's Attorney shall give the reason why and the information
4relied upon for denying the Request for Review.
5    (b) Within 60 days of a denial of a request for review an
6offender may appeal the decision of the State's Attorney to
7deny the Request for Review in the circuit court.
8(Source: P.A. 100-946, eff. 1-1-19.)
 
9    (730 ILCS 154/15)
10    Sec. 15. Discharge of violent offender against youth.
11Discharge of violent offender against youth from Department of
12Corrections facility or other penal institution; duties of
13official in charge. Any violent offender against youth who is
14discharged, paroled, or released from a Department of
15Corrections facility, a facility where such person was placed
16by the Department of Corrections or another penal institution,
17and whose liability for registration has not terminated under
18Section 40 shall, prior to discharge, parole or release from
19the facility or institution, be informed of his or her duty to
20register in person within 5 days of release by the facility or
21institution in which he or she was confined. The facility or
22institution shall also inform any person who must register
23that if he or she establishes a residence outside of the State
24of Illinois, is employed outside of the State of Illinois, or
25attends school outside of the State of Illinois, he or she must

 

 

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1register in the new state within 5 days after establishing the
2residence, beginning employment, or beginning school.
3    The facility shall require the person to read and sign
4such form as may be required by the Illinois Department of
5State Police stating that the duty to register and the
6procedure for registration has been explained to him or her
7and that he or she understands the duty to register and the
8procedure for registration. The facility shall further advise
9the person in writing that the failure to register or other
10violation of this Act shall result in revocation of parole,
11aftercare release, mandatory supervised release or conditional
12release. The facility shall obtain information about where the
13person expects to reside, work, and attend school upon his or
14her discharge, parole or release and shall report the
15information to the Illinois Department of State Police. The
16facility shall give one copy of the form to the person and
17shall send one copy to each of the law enforcement agencies
18having jurisdiction where the person expects to reside, work,
19and attend school upon his or her discharge, parole or release
20and retain one copy for the files. Electronic data files which
21includes all notification form information and photographs of
22violent offenders against youth being released from an
23Illinois Department of Corrections or Illinois Department of
24Juvenile Justice facility will be shared on a regular basis as
25determined between the Illinois Department of State Police,
26the Department of Corrections and Department of Juvenile

 

 

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1Justice.
2(Source: P.A. 98-558, eff. 1-1-14.)
 
3    (730 ILCS 154/20)
4    Sec. 20. Release of violent offender against youth; duties
5of the Court. Any violent offender against youth who is
6released on probation or discharged upon payment of a fine
7because of the commission of one of the offenses defined in
8subsection (b) of Section 5 of this Act, shall, prior to such
9release be informed of his or her duty to register under this
10Act by the Court in which he or she was convicted. The Court
11shall also inform any person who must register that if he or
12she establishes a residence outside of the State of Illinois,
13is employed outside of the State of Illinois, or attends
14school outside of the State of Illinois, he or she must
15register in the new state within 5 days after establishing the
16residence, beginning employment, or beginning school. The
17Court shall require the person to read and sign such form as
18may be required by the Illinois Department of State Police
19stating that the duty to register and the procedure for
20registration has been explained to him or her and that he or
21she understands the duty to register and the procedure for
22registration. The Court shall further advise the person in
23writing that the failure to register or other violation of
24this Act shall result in probation revocation. The Court shall
25obtain information about where the person expects to reside,

 

 

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1work, and attend school upon his or her release, and shall
2report the information to the Illinois Department of State
3Police. The Court shall give one copy of the form to the person
4and retain the original in the court records. The Illinois
5Department of State Police shall notify the law enforcement
6agencies having jurisdiction where the person expects to
7reside, work and attend school upon his or her release.
8(Source: P.A. 94-945, eff. 6-27-06.)
 
9    (730 ILCS 154/25)
10    Sec. 25. Discharge of violent offender against youth from
11hospital. Discharge of violent offender against youth from a
12hospital or other treatment facility; duties of the official
13in charge. Any violent offender against youth who is
14discharged or released from a hospital or other treatment
15facility where he or she was confined shall be informed by the
16hospital or treatment facility in which he or she was
17confined, prior to discharge or release from the hospital or
18treatment facility, of his or her duty to register under this
19Act.
20    The facility shall require the person to read and sign
21such form as may be required by the Illinois Department of
22State Police stating that the duty to register and the
23procedure for registration have been explained to him or her
24and that he or she understands the duty to register and the
25procedure for registration. The facility shall give one copy

 

 

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1of the form to the person, retain one copy for its records, and
2forward the original to the Illinois Department of State
3Police. The facility shall obtain information about where the
4person expects to reside, work, and attend school upon his or
5her discharge, parole, or release and shall report the
6information to the Illinois Department of State Police within
73 days. The facility or institution shall also inform any
8person who must register that if he or she establishes a
9residence outside of the State of Illinois, is employed
10outside of the State of Illinois, or attends school outside of
11the State of Illinois, he or she must register in the new state
12within 5 days after establishing the residence, beginning
13school, or beginning employment. The Illinois Department of
14State Police shall notify the law enforcement agencies having
15jurisdiction where the person expects to reside, work, and
16attend school upon his or her release.
17(Source: P.A. 94-945, eff. 6-27-06.)
 
18    (730 ILCS 154/30)
19    Sec. 30. Duty to report; change of address, school, or
20employment; duty to inform. Any violent offender against
21youth who is required to register under this Act shall report
22in person to the appropriate law enforcement agency with whom
23he or she last registered within one year from the date of last
24registration and every year thereafter and at such other times
25at the request of the law enforcement agency not to exceed 4

 

 

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1times a year. If any person required to register under this Act
2lacks a fixed residence or temporary domicile, he or she must
3notify, in person, the agency of jurisdiction of his or her
4last known address within 5 days after ceasing to have a fixed
5residence and if the offender leaves the last jurisdiction of
6residence, he or she must, within 48 hours after leaving,
7register in person with the new agency of jurisdiction. If any
8other person required to register under this Act changes his
9or her residence address, place of employment, or school, he
10or she shall report in person to the law enforcement agency
11with whom he or she last registered of his or her new address,
12change in employment, or school and register, in person, with
13the appropriate law enforcement agency within the time period
14specified in Section 10. The law enforcement agency shall,
15within 3 days of the reporting in person by the person required
16to register under this Act, notify the Illinois Department of
17State Police of the new place of residence, change in
18employment, or school.
19    If any person required to register under this Act intends
20to establish a residence or employment outside of the State of
21Illinois, at least 10 days before establishing that residence
22or employment, he or she shall report in person to the law
23enforcement agency with which he or she last registered of his
24or her out-of-state intended residence or employment. The law
25enforcement agency with which such person last registered
26shall, within 3 days after the reporting in person of the

 

 

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1person required to register under this Act of an address or
2employment change, notify the Illinois Department of State
3Police. The Illinois Department of State Police shall forward
4such information to the out-of-state law enforcement agency
5having jurisdiction in the form and manner prescribed by the
6Illinois Department of State Police.
7(Source: P.A. 94-945, eff. 6-27-06.)
 
8    (730 ILCS 154/40)
9    Sec. 40. Duration of registration. A person who becomes
10subject to registration under this Article who has previously
11been subject to registration under this Article or under the
12Sex Offender Registration Act or similar registration
13requirements of other jurisdictions shall register for the
14period of his or her natural life if not confined to a penal
15institution, hospital, or other institution or facility, and
16if confined, for the period of his or her natural life after
17parole, discharge, or release from any such facility. Any
18other person who is required to register under this Act shall
19be required to register for a period of 10 years after
20conviction or adjudication if not confined to a penal
21institution, hospital or any other institution or facility,
22and if confined, for a period of 10 years after parole,
23discharge or release from any such facility. A violent
24offender against youth who is allowed to leave a county,
25State, or federal facility for the purposes of work release,

 

 

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1education, or overnight visitations shall be required to
2register within 5 days of beginning such a program. Liability
3for registration terminates at the expiration of 10 years from
4the date of conviction or adjudication if not confined to a
5penal institution, hospital or any other institution or
6facility and if confined, at the expiration of 10 years from
7the date of parole, discharge or release from any such
8facility, providing such person does not, during that period,
9again become liable to register under the provisions of this
10Act. Reconfinement due to a violation of parole or other
11circumstances that relates to the original conviction or
12adjudication shall extend the period of registration to 10
13years after final parole, discharge, or release. The Director
14of the Illinois State Police, consistent with administrative
15rules, shall extend for 10 years the registration period of
16any violent offender against youth who fails to comply with
17the provisions of this Act. The registration period for any
18violent offender against youth who fails to comply with any
19provision of the Act shall extend the period of registration
20by 10 years beginning from the first date of registration
21after the violation. If the registration period is extended,
22the Illinois Department of State Police shall send a
23registered letter to the law enforcement agency where the
24violent offender against youth resides within 3 days after the
25extension of the registration period. The violent offender
26against youth shall report to that law enforcement agency and

 

 

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1sign for that letter. One copy of that letter shall be kept on
2file with the law enforcement agency of the jurisdiction where
3the violent offender against youth resides and one copy shall
4be returned to the Illinois Department of State Police.
5(Source: P.A. 94-945, eff. 6-27-06; 95-169, eff. 8-14-07.)
 
6    (730 ILCS 154/45)
7    Sec. 45. Registration requirements. Registration as
8required by this Act shall consist of a statement in writing
9signed by the person giving the information that is required
10by the Illinois Department of State Police, which may include
11the fingerprints and must include a current photograph of the
12person, to be updated annually. The registration information
13must include whether the person is a violent offender against
14youth. Within 3 days, the registering law enforcement agency
15shall forward any required information to the Illinois
16Department of State Police. The registering law enforcement
17agency shall enter the information into the Law Enforcement
18Agencies Data System (LEADS) as provided in Sections 6 and 7 of
19the Intergovernmental Missing Child Recovery Act of 1984.
20(Source: P.A. 94-945, eff. 6-27-06.)
 
21    (730 ILCS 154/46)
22    Sec. 46. Notification of case information from the office
23of the State's Attorney. The office of the State's Attorney
24shall provide the Illinois Department of State Police

 

 

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1Registration Unit all relevant case information that
2determines a registrant's place on the registry, including,
3but not limited to, the date of the offense, the name of the
4offender, the date of birth of the offender, the nature of the
5crime, and the date of birth of the victim in order to
6facilitate proper registry placement and to prevent the
7necessity for future Requests for Review of a registrant's
8information.
9(Source: P.A. 100-946, eff. 1-1-19.)
 
10    (730 ILCS 154/50)
11    Sec. 50. Verification requirements.
12    (a) The agency having jurisdiction shall verify the
13address of violent offenders against youth required to
14register with their agency at least once per year. The
15verification must be documented in LEADS in the form and
16manner required by the Illinois Department of State Police.
17    (b) The supervising officer or aftercare specialist,
18shall, within 15 days of sentencing to probation or release
19from an Illinois Department of Corrections facility or other
20penal institution, contact the law enforcement agency in the
21jurisdiction which the violent offender against youth
22designated as his or her intended residence and verify
23compliance with the requirements of this Act. Revocation
24proceedings shall be immediately commenced against a violent
25offender against youth on probation, parole, aftercare

 

 

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1release, or mandatory supervised release who fails to comply
2with the requirements of this Act.
3(Source: P.A. 98-558, eff. 1-1-14.)
 
4    (730 ILCS 154/85)
5    Sec. 85. Murderer and Violent Offender Against Youth
6Database.
7    (a) The Illinois Department of State Police shall
8establish and maintain a Statewide Murderer and Violent
9Offender Against Youth Database for the purpose of identifying
10violent offenders against youth and making that information
11available to the persons specified in Section 95. The Database
12shall be created from the Law Enforcement Agencies Data System
13(LEADS) established under Section 6 of the Intergovernmental
14Missing Child Recovery Act of 1984. The Illinois Department of
15State Police shall examine its LEADS database for persons
16registered as violent offenders against youth under this Act
17and shall identify those who are violent offenders against
18youth and shall add all the information, including photographs
19if available, on those violent offenders against youth to the
20Statewide Murderer and Violent Offender Against Youth
21Database.
22    (b) The Illinois Department of State Police must make the
23information contained in the Statewide Murderer and Violent
24Offender Against Youth Database accessible on the Internet by
25means of a hyperlink labeled "Murderer and Violent Offender

 

 

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1Against Youth Information" on the Department's World Wide Web
2home page. The Illinois Department of State Police must update
3that information as it deems necessary.
4    The Illinois Department of State Police may require that a
5person who seeks access to the violent offender against youth
6information submit biographical information about himself or
7herself before permitting access to the violent offender
8against youth information. The Illinois Department of State
9Police must promulgate rules in accordance with the Illinois
10Administrative Procedure Act to implement this subsection (b)
11and those rules must include procedures to ensure that the
12information in the database is accurate.
13    (c) The Illinois Department of State Police must develop
14and conduct training to educate all those entities involved in
15the Murderer and Violent Offender Against Youth Registration
16Program.
17    (d) The Illinois Department of State Police shall commence
18the duties prescribed in the Murderer and Violent Offender
19Against Youth Registration Act within 12 months after the
20effective date of this Act.
21    (e) The Illinois Department of State Police shall collect
22and annually report, on or before December 31 of each year, the
23following information, making it publicly accessible on the
24Illinois Department of State Police website:
25        (1) the number of registrants;
26        (2) the number of registrants currently registered for

 

 

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1    each offense requiring registration; and
2        (3) biographical data, such as age of the registrant,
3    race of the registrant, and age of the victim.
4(Source: P.A. 100-946, eff. 1-1-19.)
 
5    (730 ILCS 154/90)
6    Sec. 90. List of violent offenders against youth; list of
7facilities, schools, and institutions of higher education. The
8Illinois Department of State Police shall promulgate rules to
9develop a list of violent offenders against youth covered by
10this Act and a list of child care facilities, schools, and
11institutions of higher education eligible to receive notice
12under this Act, so that the list can be disseminated in a
13timely manner to law enforcement agencies having jurisdiction.
14(Source: P.A. 94-945, eff. 6-27-06.)
 
15    (730 ILCS 154/95)
16    Sec. 95. Community notification of violent offenders
17against youth.
18    (a) The sheriff of the county, except Cook County, shall
19disclose to the following the name, address, date of birth,
20place of employment, school attended, and offense or
21adjudication of all violent offenders against youth required
22to register under Section 10 of this Act:
23        (1) The boards of institutions of higher education or
24    other appropriate administrative offices of each

 

 

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1    non-public institution of higher education located in the
2    county where the violent offender against youth is
3    required to register, resides, is employed, or is
4    attending an institution of higher education; and
5        (2) School boards of public school districts and the
6    principal or other appropriate administrative officer of
7    each nonpublic school located in the county where the
8    violent offender against youth is required to register or
9    is employed; and
10        (3) Child care facilities located in the county where
11    the violent offender against youth is required to register
12    or is employed; and
13        (4) Libraries located in the county where the violent
14    offender against youth is required to register or is
15    employed.
16    (a-2) The sheriff of Cook County shall disclose to the
17following the name, address, date of birth, place of
18employment, school attended, and offense or adjudication of
19all violent offenders against youth required to register under
20Section 10 of this Act:
21        (1) School boards of public school districts and the
22    principal or other appropriate administrative officer of
23    each nonpublic school located within the region of Cook
24    County, as those public school districts and nonpublic
25    schools are identified in LEADS, other than the City of
26    Chicago, where the violent offender against youth is

 

 

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1    required to register or is employed; and
2        (2) Child care facilities located within the region of
3    Cook County, as those child care facilities are identified
4    in LEADS, other than the City of Chicago, where the
5    violent offender against youth is required to register or
6    is employed; and
7        (3) The boards of institutions of higher education or
8    other appropriate administrative offices of each
9    non-public institution of higher education located in the
10    county, other than the City of Chicago, where the violent
11    offender against youth is required to register, resides,
12    is employed, or attending an institution of higher
13    education; and
14        (4) Libraries located in the county, other than the
15    City of Chicago, where the violent offender against youth
16    is required to register, resides, is employed, or is
17    attending an institution of higher education.
18    (a-3) The Chicago Police Department shall disclose to the
19following the name, address, date of birth, place of
20employment, school attended, and offense or adjudication of
21all violent offenders against youth required to register under
22Section 10 of this Act:
23        (1) School boards of public school districts and the
24    principal or other appropriate administrative officer of
25    each nonpublic school located in the police district where
26    the violent offender against youth is required to register

 

 

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1    or is employed if the offender is required to register or
2    is employed in the City of Chicago; and
3        (2) Child care facilities located in the police
4    district where the violent offender against youth is
5    required to register or is employed if the offender is
6    required to register or is employed in the City of
7    Chicago; and
8        (3) The boards of institutions of higher education or
9    other appropriate administrative offices of each
10    non-public institution of higher education located in the
11    police district where the violent offender against youth
12    is required to register, resides, is employed, or
13    attending an institution of higher education in the City
14    of Chicago; and
15        (4) Libraries located in the police district where the
16    violent offender against youth is required to register or
17    is employed if the offender is required to register or is
18    employed in the City of Chicago.
19    (a-4) The Illinois Department of State Police shall
20provide a list of violent offenders against youth required to
21register to the Illinois Department of Children and Family
22Services.
23    (b) The Illinois Department of State Police and any law
24enforcement agency may disclose, in the Department's or
25agency's discretion, the following information to any person
26likely to encounter a violent offender against youth:

 

 

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1        (1) The offender's name, address, and date of birth.
2        (2) The offense for which the offender was convicted.
3        (3) The offender's photograph or other such
4    information that will help identify the violent offender
5    against youth.
6        (4) Offender employment information, to protect public
7    safety.
8    (c) The name, address, date of birth, and offense or
9adjudication for violent offenders against youth required to
10register under Section 10 of this Act shall be open to
11inspection by the public as provided in this Section. Every
12municipal police department shall make available at its
13headquarters the information on all violent offenders against
14youth who are required to register in the municipality under
15this Act. The sheriff shall also make available at his or her
16headquarters the information on all violent offenders against
17youth who are required to register under this Act and who live
18in unincorporated areas of the county. Violent offender
19against youth information must be made available for public
20inspection to any person, no later than 72 hours or 3 business
21days from the date of the request. The request must be made in
22person, in writing, or by telephone. Availability must include
23giving the inquirer access to a facility where the information
24may be copied. A department or sheriff may charge a fee, but
25the fee may not exceed the actual costs of copying the
26information. An inquirer must be allowed to copy this

 

 

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1information in his or her own handwriting. A department or
2sheriff must allow access to the information during normal
3public working hours. The sheriff or a municipal police
4department may publish the photographs of violent offenders
5against youth where any victim was 13 years of age or younger
6and who are required to register in the municipality or county
7under this Act in a newspaper or magazine of general
8circulation in the municipality or county or may disseminate
9the photographs of those violent offenders against youth on
10the Internet or on television. The law enforcement agency may
11make available the information on all violent offenders
12against youth residing within any county.
13    (d) The Illinois Department of State Police and any law
14enforcement agency having jurisdiction may, in the
15Department's or agency's discretion, place the information
16specified in subsection (b) on the Internet or in other media.
17(Source: P.A. 94-945, eff. 6-27-06; 95-278, eff. 8-17-07.)
 
18    (730 ILCS 154/100)
19    Sec. 100. Notification regarding juvenile offenders.
20    (a) The Illinois Department of State Police and any law
21enforcement agency having jurisdiction may, in the
22Department's or agency's discretion, only provide the
23information specified in subsection (b) of Section 95, with
24respect to an adjudicated juvenile delinquent, to any person
25when that person's safety may be compromised for some reason

 

 

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1related to the juvenile violent offender against youth.
2    (b) The local law enforcement agency having jurisdiction
3to register the juvenile violent offender against youth shall
4ascertain from the juvenile violent offender against youth
5whether the juvenile violent offender against youth is
6enrolled in school; and if so, shall provide a copy of the
7violent offender against youth registration form only to the
8principal or chief administrative officer of the school and
9any guidance counselor designated by him or her. The
10registration form shall be kept separately from any and all
11school records maintained on behalf of the juvenile violent
12offender against youth.
13(Source: P.A. 94-945, eff. 6-27-06.)
 
14    Section 1085. The Methamphetamine Manufacturer Registry
15Act is amended by changing Sections 10 and 15 as follows:
 
16    (730 ILCS 180/10)
17    Sec. 10. Methamphetamine Manufacturer Database.
18    (a) The Illinois Department of State Police shall
19establish and maintain a Methamphetamine Manufacturer Database
20for the purpose of identifying methamphetamine manufacturers
21and making that information available to law enforcement and
22the general public. For every person convicted of a violation
23of Section 15 of the Methamphetamine Control and Community
24Protection Act on or after the effective date of this Act, the

 

 

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1methamphetamine manufacturer database shall contain
2information relating to each methamphetamine manufacturer. The
3information shall include the methamphetamine manufacturer's
4name, date of birth, offense or offenses requiring inclusion
5in the Methamphetamine Manufacturer Database, the conviction
6date and county of each such offense, and such other
7identifying information as the Illinois Department of State
8Police deems necessary to identify the methamphetamine
9manufacturer, but shall not include the social security number
10of the methamphetamine manufacturer.
11    (b) The Illinois Department of State Police must make the
12information contained in the Statewide Methamphetamine
13Manufacturer Database accessible on the Internet by means of a
14hyperlink labeled "Methamphetamine Manufacturer Information"
15on the Department's World Wide Web home page. The Illinois
16Department of State Police must update that information as it
17deems necessary.
18    (c) The Illinois Department of State Police must
19promulgate rules in accordance with the Illinois
20Administrative Procedure Act to implement this Section and
21those rules must include procedures to ensure that the
22information in the database is accurate, and that the
23information in the database reflects any changes based on the
24reversal of a conviction for an offense requiring inclusion in
25the Methamphetamine Manufacturer Database, or a court order
26requiring the sealing or expungement of records relating to

 

 

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1the offense. A certified copy of such an order shall be deemed
2prima facie true and correct and, shall be sufficient to
3require the immediate amendment or removal of any person's
4information from the Methamphetamine Manufacturer Database by
5the Illinois Department of State Police.
6(Source: P.A. 94-831, eff. 6-5-06.)
 
7    (730 ILCS 180/15)
8    Sec. 15. Conviction Information.
9    (a) Within 60 days after the effective date of this Act,
10each circuit clerk shall forward monthly to the Illinois
11Department of State Police a copy of the judgment for each and
12all persons convicted of an offense within the definition of
13methamphetamine manufacturer, as defined in Section 5 of this
14Act, during the previous month.
15    (b) Within 120 days after the effective date of this Act,
16the Director of Corrections shall forward to the Illinois
17Department of State Police a list of all persons incarcerated
18or on mandatory supervised release, who have been convicted of
19an offense within the definition of methamphetamine
20manufacturer, as defined in Section 5 of this Act.
21(Source: P.A. 94-831, eff. 6-5-06.)
 
22    Section 1090. The Department of Juvenile Justice Mortality
23Review Team Act is amended by changing Section 15 as follows:
 

 

 

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1    (730 ILCS 195/15)
2    Sec. 15. Mortality review teams; establishment.
3    (a) Upon the occurrence of the death of any youth in the
4Department's custody, the Director shall appoint members and a
5chairperson to a mortality review team. The Director shall
6make the appointments within 30 days after the youth's death.
7    (b) Each mortality review team shall consist of at least
8one member from each of the following categories:
9        (1) Pediatrician or other physician.
10        (2) Representative of the Department.
11        (3) State's Attorney or State's Attorney
12    representative.
13        (4) Representative of a local law enforcement agency.
14        (5) Psychologist or psychiatrist.
15        (6) Representative of a local health department.
16        (7) Designee of the Board of Education of the
17    Department of Juvenile Justice School District created
18    under Section 13-40 of the School Code.
19        (8) Coroner or forensic pathologist.
20        (9) Representative of a juvenile justice advocacy
21    organization.
22        (10) Representative of a local hospital, trauma
23    center, or provider of emergency medical services.
24        (11) Representative of the Illinois Department of
25    State Police.
26        (12) Representative of the Office of the Governor's

 

 

HB3655- 2307 -LRB102 16922 WGH 22334 b

1    Executive Inspector General.
2    A mortality review team may make recommendations to the
3Director concerning additional appointments.
4    (c) Each mortality review team member must have
5demonstrated experience or an interest in the welfare of youth
6in State custody.
7    (d) The mortality review teams shall be funded in the
8Department's annual budget to provide for the travel expenses
9of team members and professional services engaged by the team.
10    (e) If a death of a youth in the Department's custody
11occurs while a prior youth death is under review by a team
12pursuant to this Act, the Director may request that the team
13review the subsequent death.
14    (f) Upon the conclusion of all reporting required under
15Sections 20, 25, and 30 with respect to a death reviewed by a
16team, all appointments to the team shall expire.
17(Source: P.A. 96-1378, eff. 7-29-10.)
 
18    Section 1095. The Code of Civil Procedure is amended by
19changing Sections 2-202, 2-702, 21-101, 21-102, 21-102.5, and
2021-103 as follows:
 
21    (735 ILCS 5/2-202)  (from Ch. 110, par. 2-202)
22    Sec. 2-202. Persons authorized to serve process; place of
23service; failure to make return.
24    (a) Process shall be served by a sheriff, or if the sheriff

 

 

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1is disqualified, by a coroner of some county of the State. In
2matters where the county or State is an interested party,
3process may be served by a special investigator appointed by
4the State's Attorney of the county, as defined in Section
53-9005 of the Counties Code. A sheriff of a county with a
6population of less than 2,000,000 may employ civilian
7personnel to serve process. In counties with a population of
8less than 2,000,000, process may be served, without special
9appointment, by a person who is licensed or registered as a
10private detective under the Private Detective, Private Alarm,
11Private Security, Fingerprint Vendor, and Locksmith Act of
122004 or by a registered employee of a private detective agency
13certified under that Act as defined in Section (a-5). A
14private detective or licensed employee must supply the sheriff
15of any county in which he serves process with a copy of his
16license or certificate; however, the failure of a person to
17supply the copy shall not in any way impair the validity of
18process served by the person. The court may, in its discretion
19upon motion, order service to be made by a private person over
2018 years of age and not a party to the action. It is not
21necessary that service be made by a sheriff or coroner of the
22county in which service is made. If served or sought to be
23served by a sheriff or coroner, he or she shall endorse his or
24her return thereon, and if by a private person the return shall
25be by affidavit.
26    (a-5) Upon motion and in its discretion, the court may

 

 

HB3655- 2309 -LRB102 16922 WGH 22334 b

1appoint as a special process server a private detective agency
2certified under the Private Detective, Private Alarm, Private
3Security, Fingerprint Vendor, and Locksmith Act of 2004. Under
4the appointment, any employee of the private detective agency
5who is registered under that Act may serve the process. The
6motion and the order of appointment must contain the number of
7the certificate issued to the private detective agency by the
8Department of Professional Regulation under the Private
9Detective, Private Alarm, Private Security, Fingerprint
10Vendor, and Locksmith Act of 2004. A private detective or
11private detective agency shall send, one time only, a copy of
12his, her, or its individual private detective license or
13private detective agency certificate to the county sheriff in
14each county in which the detective or detective agency or his,
15her, or its employees serve process, regardless of the size of
16the population of the county. As long as the license or
17certificate is valid and meets the requirements of the
18Department of Financial and Professional Regulation, a new
19copy of the current license or certificate need not be sent to
20the sheriff. A private detective agency shall maintain a list
21of its registered employees. Registered employees shall
22consist of:
23        (1) an employee who works for the agency holding a
24    valid Permanent Employee Registration Card;
25        (2) a person who has applied for a Permanent Employee
26    Registration Card, has had his or her fingerprints

 

 

HB3655- 2310 -LRB102 16922 WGH 22334 b

1    processed and cleared by the Illinois Department of State
2    Police and the FBI, and as to whom the Department of
3    Financial and Professional Regulation website shows that
4    the person's application for a Permanent Employee
5    Registration Card is pending;
6        (3) a person employed by a private detective agency
7    who is exempt from a Permanent Employee Registration Card
8    requirement because the person is a current peace officer;
9    and
10        (4) a private detective who works for a private
11    detective agency as an employee.
12A detective agency shall maintain this list and forward it to
13any sheriff's department that requests this list within 5
14business days after the receipt of the request.
15    (b) Summons may be served upon the defendants wherever
16they may be found in the State, by any person authorized to
17serve process. An officer may serve summons in his or her
18official capacity outside his or her county, but fees for
19mileage outside the county of the officer cannot be taxed as
20costs. The person serving the process in a foreign county may
21make return by mail.
22    (c) If any sheriff, coroner, or other person to whom any
23process is delivered, neglects or refuses to make return of
24the same, the plaintiff may petition the court to enter a rule
25requiring the sheriff, coroner, or other person, to make
26return of the process on a day to be fixed by the court, or to

 

 

HB3655- 2311 -LRB102 16922 WGH 22334 b

1show cause on that day why that person should not be attached
2for contempt of the court. The plaintiff shall then cause a
3written notice of the rule to be served on the sheriff,
4coroner, or other person. If good and sufficient cause be not
5shown to excuse the officer or other person, the court shall
6adjudge him or her guilty of a contempt, and shall impose
7punishment as in other cases of contempt.
8    (d) If process is served by a sheriff, coroner, or special
9investigator appointed by the State's Attorney, the court may
10tax the fee of the sheriff, coroner, or State's Attorney's
11special investigator as costs in the proceeding. If process is
12served by a private person or entity, the court may establish a
13fee therefor and tax such fee as costs in the proceedings.
14    (e) In addition to the powers stated in Section 8.1a of the
15Housing Authorities Act, in counties with a population of
163,000,000 or more inhabitants, members of a housing authority
17police force may serve process for eviction actions commenced
18by that housing authority and may execute eviction orders for
19that housing authority.
20    (f) In counties with a population of 3,000,000 or more,
21process may be served, with special appointment by the court,
22by a private process server or a law enforcement agency other
23than the county sheriff in proceedings instituted under
24Article IX of this Code as a result of a lessor or lessor's
25assignee declaring a lease void pursuant to Section 11 of the
26Controlled Substance and Cannabis Nuisance Act.

 

 

HB3655- 2312 -LRB102 16922 WGH 22334 b

1(Source: P.A. 99-169, eff. 7-28-15; 100-173, eff. 1-1-18.)
 
2    (735 ILCS 5/2-702)
3    Sec. 2-702. Petition for a certificate of innocence that
4the petitioner was innocent of all offenses for which he or she
5was incarcerated.
6    (a) The General Assembly finds and declares that innocent
7persons who have been wrongly convicted of crimes in Illinois
8and subsequently imprisoned have been frustrated in seeking
9legal redress due to a variety of substantive and technical
10obstacles in the law and that such persons should have an
11available avenue to obtain a finding of innocence so that they
12may obtain relief through a petition in the Court of Claims.
13The General Assembly further finds misleading the current
14legal nomenclature which compels an innocent person to seek a
15pardon for being wrongfully incarcerated. It is the intent of
16the General Assembly that the court, in exercising its
17discretion as permitted by law regarding the weight and
18admissibility of evidence submitted pursuant to this Section,
19shall, in the interest of justice, give due consideration to
20difficulties of proof caused by the passage of time, the death
21or unavailability of witnesses, the destruction of evidence or
22other factors not caused by such persons or those acting on
23their behalf.
24    (b) Any person convicted and subsequently imprisoned for
25one or more felonies by the State of Illinois which he or she

 

 

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1did not commit may, under the conditions hereinafter provided,
2file a petition for certificate of innocence in the circuit
3court of the county in which the person was convicted. The
4petition shall request a certificate of innocence finding that
5the petitioner was innocent of all offenses for which he or she
6was incarcerated.
7    (c) In order to present the claim for certificate of
8innocence of an unjust conviction and imprisonment, the
9petitioner must attach to his or her petition documentation
10demonstrating that:
11        (1) he or she has been convicted of one or more
12    felonies by the State of Illinois and subsequently
13    sentenced to a term of imprisonment, and has served all or
14    any part of the sentence; and
15        (2) his or her judgment of conviction was reversed or
16    vacated, and the indictment or information dismissed or,
17    if a new trial was ordered, either he or she was found not
18    guilty at the new trial or he or she was not retried and
19    the indictment or information dismissed; or the statute,
20    or application thereof, on which the indictment or
21    information was based violated the Constitution of the
22    United States or the State of Illinois; and
23        (3) his or her claim is not time barred by the
24    provisions of subsection (i) of this Section.
25    (d) The petition shall state facts in sufficient detail to
26permit the court to find that the petitioner is likely to

 

 

HB3655- 2314 -LRB102 16922 WGH 22334 b

1succeed at trial in proving that the petitioner is innocent of
2the offenses charged in the indictment or information or his
3or her acts or omissions charged in the indictment or
4information did not constitute a felony or misdemeanor against
5the State of Illinois, and the petitioner did not by his or her
6own conduct voluntarily cause or bring about his or her
7conviction. The petition shall be verified by the petitioner.
8    (e) A copy of the petition shall be served on the Attorney
9General and the State's Attorney of the county where the
10conviction was had. The Attorney General and the State's
11Attorney of the county where the conviction was had shall have
12the right to intervene as parties.
13    (f) In any hearing seeking a certificate of innocence, the
14court may take judicial notice of prior sworn testimony or
15evidence admitted in the criminal proceedings related to the
16convictions which resulted in the alleged wrongful
17incarceration, if the petitioner was either represented by
18counsel at such prior proceedings or the right to counsel was
19knowingly waived.
20    (g) In order to obtain a certificate of innocence the
21petitioner must prove by a preponderance of evidence that:
22        (1) the petitioner was convicted of one or more
23    felonies by the State of Illinois and subsequently
24    sentenced to a term of imprisonment, and has served all or
25    any part of the sentence;
26        (2)(A) the judgment of conviction was reversed or

 

 

HB3655- 2315 -LRB102 16922 WGH 22334 b

1    vacated, and the indictment or information dismissed or,
2    if a new trial was ordered, either the petitioner was
3    found not guilty at the new trial or the petitioner was not
4    retried and the indictment or information dismissed; or
5    (B) the statute, or application thereof, on which the
6    indictment or information was based violated the
7    Constitution of the United States or the State of
8    Illinois;
9        (3) the petitioner is innocent of the offenses charged
10    in the indictment or information or his or her acts or
11    omissions charged in the indictment or information did not
12    constitute a felony or misdemeanor against the State; and
13        (4) the petitioner did not by his or her own conduct
14    voluntarily cause or bring about his or her conviction.
15    (h) If the court finds that the petitioner is entitled to a
16judgment, it shall enter a certificate of innocence finding
17that the petitioner was innocent of all offenses for which he
18or she was incarcerated. Upon entry of the certificate of
19innocence or pardon from the Governor stating that such pardon
20was issued on the ground of innocence of the crime for which he
21or she was imprisoned, (1) the clerk of the court shall
22transmit a copy of the certificate of innocence to the clerk of
23the Court of Claims, together with the claimant's current
24address; and (2) the court shall enter an order expunging the
25record of arrest from the official records of the arresting
26authority and order that the records of the clerk of the

 

 

HB3655- 2316 -LRB102 16922 WGH 22334 b

1circuit court and the Illinois Department of State Police be
2sealed until further order of the court upon good cause shown
3or as otherwise provided herein, and the name of the defendant
4obliterated from the official index requested to be kept by
5the circuit court clerk under Section 16 of the Clerks of
6Courts Act in connection with the arrest and conviction for
7the offense but the order shall not affect any index issued by
8the circuit court clerk before the entry of the order. The
9court shall enter the expungement order regardless of whether
10the petitioner has prior criminal convictions.
11    All records sealed by the Illinois Department of State
12Police may be disseminated by the Department only as required
13by law or to the arresting authority, the State's Attorney,
14the court upon a later arrest for the same or similar offense,
15or for the purpose of sentencing for any subsequent felony.
16Upon conviction for any subsequent offense, the Department of
17Corrections shall have access to all sealed records of the
18Department pertaining to that individual.
19    Upon entry of the order of expungement, the clerk of the
20circuit court shall promptly mail a copy of the order to the
21person whose records were expunged and sealed.
22    (i) Any person seeking a certificate of innocence under
23this Section based on the dismissal of an indictment or
24information or acquittal that occurred before the effective
25date of this amendatory Act of the 95th General Assembly shall
26file his or her petition within 2 years after the effective

 

 

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1date of this amendatory Act of the 95th General Assembly. Any
2person seeking a certificate of innocence under this Section
3based on the dismissal of an indictment or information or
4acquittal that occurred on or after the effective date of this
5amendatory Act of the 95th General Assembly shall file his or
6her petition within 2 years after the dismissal.
7    (j) The decision to grant or deny a certificate of
8innocence shall be binding only with respect to claims filed
9in the Court of Claims and shall not have a res judicata effect
10on any other proceedings.
11(Source: P.A. 98-133, eff. 1-1-14.)
 
12    (735 ILCS 5/21-101)  (from Ch. 110, par. 21-101)
13    Sec. 21-101. Proceedings; parties.
14    (a) If any person who is a resident of this State and has
15resided in this State for 6 months desires to change his or her
16name and to assume another name by which to be afterwards
17called and known, the person may file a petition in the circuit
18court of the county wherein he or she resides praying for that
19relief.
20    (b) The filing of a petition in accordance with this
21Section shall be the sole and exclusive means by which any
22person committed under the laws of this State to a penal
23institution may change his or her name and assume another
24name. However, any person convicted of a felony in this State
25or any other state who has not been pardoned may not file a

 

 

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1petition for a name change until 10 years have passed since
2completion and discharge from his or her sentence. A person
3who has been convicted of identity theft, aggravated identity
4theft, felony or misdemeanor criminal sexual abuse when the
5victim of the offense at the time of its commission is under 18
6years of age, felony or misdemeanor sexual exploitation of a
7child, felony or misdemeanor indecent solicitation of a child,
8or felony or misdemeanor indecent solicitation of an adult, or
9any other offense for which a person is required to register
10under the Sex Offender Registration Act in this State or any
11other state who has not been pardoned shall not be permitted to
12file a petition for a name change in the courts of Illinois.
13    (c) A petitioner may include his or her spouse and adult
14unmarried children, with their consent, and his or her minor
15children where it appears to the court that it is for their
16best interest, in the petition and prayer, and the court's
17order shall then include the spouse and children. Whenever any
18minor has resided in the family of any person for the space of
193 years and has been recognized and known as an adopted child
20in the family of that person, the application herein provided
21for may be made by the person having that minor in his or her
22family.
23    An order shall be entered as to a minor only if the court
24finds by clear and convincing evidence that the change is
25necessary to serve the best interest of the child. In
26determining the best interest of a minor child under this

 

 

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1Section, the court shall consider all relevant factors,
2including:
3        (1) The wishes of the child's parents and any person
4    acting as a parent who has physical custody of the child.
5        (2) The wishes of the child and the reasons for those
6    wishes. The court may interview the child in chambers to
7    ascertain the child's wishes with respect to the change of
8    name. Counsel shall be present at the interview unless
9    otherwise agreed upon by the parties. The court shall
10    cause a court reporter to be present who shall make a
11    complete record of the interview instantaneously to be
12    part of the record in the case.
13        (3) The interaction and interrelationship of the child
14    with his or her parents or persons acting as parents who
15    have physical custody of the child, step-parents,
16    siblings, step-siblings, or any other person who may
17    significantly affect the child's best interest.
18        (4) The child's adjustment to his or her home, school,
19    and community.
20    (d) If it appears to the court that the conditions and
21requirements under this Article have been complied with and
22that there is no reason why the prayer should not be granted,
23the court, by an order to be entered of record, may direct and
24provide that the name of that person be changed in accordance
25with the prayer in the petition. If the circuit court orders
26that a name change be granted to a person who has been

 

 

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1adjudicated or convicted of a felony or misdemeanor offense
2under the laws of this State or any other state for which a
3pardon has not been granted, or has an arrest for which a
4charge has not been filed or a pending charge on a felony or
5misdemeanor offense, a copy of the order, including a copy of
6each applicable access and review response, shall be forwarded
7to the Illinois Department of State Police. The Illinois
8Department of State Police shall update any criminal history
9transcript or offender registration of each person 18 years of
10age or older in the order to include the change of name as well
11as his or her former name.
12(Source: P.A. 100-370, eff. 1-1-18.)
 
13    (735 ILCS 5/21-102)  (from Ch. 110, par. 21-102)
14    Sec. 21-102. Petition; update criminal history transcript.
15    (a) The petition shall set forth the name then held, the
16name sought to be assumed, the residence of the petitioner,
17the length of time the petitioner has resided in this State,
18and the state or country of the petitioner's nativity or
19supposed nativity. The petition shall include a statement,
20verified under oath as provided under Section 1-109 of this
21Code, whether or not the petitioner or any other person 18
22years of age or older who will be subject to a change of name
23under the petition if granted: (1) has been adjudicated or
24convicted of a felony or misdemeanor offense under the laws of
25this State or any other state for which a pardon has not been

 

 

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1granted; or (2) has an arrest for which a charge has not been
2filed or a pending charge on a felony or misdemeanor offense.
3The petition shall be signed by the person petitioning or, in
4case of minors, by the parent or guardian having the legal
5custody of the minor. The petition shall be verified by the
6affidavit of some credible person.
7    (b) If the statement provided under subsection (a) of this
8Section indicates the petitioner or any other person 18 years
9of age or older who will be subject to a change of name under
10the petition, if granted, has been adjudicated or convicted of
11a felony or misdemeanor offense under the laws of this State or
12any other state for which a pardon has not been granted, or has
13an arrest for which a charge has not been filed or a pending
14charge on a felony or misdemeanor offense, the State's
15Attorney may request the court to or the court may on its own
16motion, require the person, prior to a hearing on the
17petition, to initiate an update of his or her criminal history
18transcript with the Illinois Department of State Police. The
19Department shall allow a person to use the Access and Review
20process, established by rule in the Department, for this
21purpose. Upon completion of the update of the criminal history
22transcript, the petitioner shall file confirmation of each
23update with the court, which shall seal the records from
24disclosure outside of court proceedings on the petition.
25(Source: P.A. 100-370, eff. 1-1-18.)
 

 

 

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1    (735 ILCS 5/21-102.5)
2    Sec. 21-102.5. Notice; objection.
3    (a) The circuit court clerk shall promptly serve a copy of
4the petition on the State's Attorney and the Illinois
5Department of State Police.
6    (b) The State's Attorney may file an objection to the
7petition. All objections shall be in writing, shall be filed
8with the circuit court clerk, and shall state with specificity
9the basis of the objection. Objections to a petition must be
10filed within 30 days of the date of service of the petition
11upon the State's Attorney.
12(Source: P.A. 100-370, eff. 1-1-18.)
 
13    (735 ILCS 5/21-103)  (from Ch. 110, par. 21-103)
14    Sec. 21-103. Notice by publication.
15    (a) Previous notice shall be given of the intended
16application by publishing a notice thereof in some newspaper
17published in the municipality in which the person resides if
18the municipality is in a county with a population under
192,000,000, or if the person does not reside in a municipality
20in a county with a population under 2,000,000, or if no
21newspaper is published in the municipality or if the person
22resides in a county with a population of 2,000,000 or more,
23then in some newspaper published in the county where the
24person resides, or if no newspaper is published in that
25county, then in some convenient newspaper published in this

 

 

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1State. The notice shall be inserted for 3 consecutive weeks
2after filing, the first insertion to be at least 6 weeks before
3the return day upon which the petition is to be heard, and
4shall be signed by the petitioner or, in case of a minor, the
5minor's parent or guardian, and shall set forth the return day
6of court on which the petition is to be heard and the name
7sought to be assumed.
8    (b) The publication requirement of subsection (a) shall
9not be required in any application for a change of name
10involving a minor if, before making judgment under this
11Article, reasonable notice and opportunity to be heard is
12given to any parent whose parental rights have not been
13previously terminated and to any person who has physical
14custody of the child. If any of these persons are outside this
15State, notice and opportunity to be heard shall be given under
16Section 21-104.
17    (b-3) The publication requirement of subsection (a) shall
18not be required in any application for a change of name
19involving a person who has received a judgment for dissolution
20of marriage or declaration of invalidity of marriage and
21wishes to change his or her name to resume the use of his or
22her former or maiden name.
23    (b-5) Upon motion, the court may issue an order directing
24that the notice and publication requirement be waived for a
25change of name involving a person who files with the court a
26written declaration that the person believes that publishing

 

 

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1notice of the name change would put the person at risk of
2physical harm or discrimination. The person must provide
3evidence to support the claim that publishing notice of the
4name change would put the person at risk of physical harm or
5discrimination.
6    (c) The Director of the Illinois State Police or his or her
7designee may apply to the circuit court for an order directing
8that the notice and publication requirements of this Section
9be waived if the Director or his or her designee certifies that
10the name change being sought is intended to protect a witness
11during and following a criminal investigation or proceeding.
12    (c-1) The court may enter a written order waiving the
13publication requirement of subsection (a) if:
14        (i) the petitioner is 18 years of age or older; and
15        (ii) concurrent with the petition, the petitioner
16    files with the court a statement, verified under oath as
17    provided under Section 1-109 of this Code, attesting that
18    the petitioner is or has been a person protected under the
19    Illinois Domestic Violence Act of 1986, the Stalking No
20    Contact Order Act, the Civil No Contact Order Act, Article
21    112A of the Code of Criminal Procedure of 1963, a
22    condition of bail under subsections (b) through (d) of
23    Section 110-10 of the Code of Criminal Procedure of 1963,
24    or a similar provision of a law in another state or
25    jurisdiction.
26    The petitioner may attach to the statement any supporting

 

 

HB3655- 2325 -LRB102 16922 WGH 22334 b

1documents, including relevant court orders.
2    (c-2) If the petitioner files a statement attesting that
3disclosure of the petitioner's address would put the
4petitioner or any member of the petitioner's family or
5household at risk or reveal the confidential address of a
6shelter for domestic violence victims, that address may be
7omitted from all documents filed with the court, and the
8petitioner may designate an alternative address for service.
9    (c-3) Court administrators may allow domestic abuse
10advocates, rape crisis advocates, and victim advocates to
11assist petitioners in the preparation of name changes under
12subsection (c-1).
13    (c-4) If the publication requirements of subsection (a)
14have been waived, the circuit court shall enter an order
15impounding the case.
16    (d) The maximum rate charged for publication of a notice
17under this Section may not exceed the lowest classified rate
18paid by commercial users for comparable space in the newspaper
19in which the notice appears and shall include all cash
20discounts, multiple insertion discounts, and similar benefits
21extended to the newspaper's regular customers.
22(Source: P.A. 100-520, eff. 1-1-18 (see Section 5 of P.A.
23100-565 for the effective date of P.A. 100-520); 100-788, eff.
241-1-19; 100-966, eff. 1-1-19; 101-81, eff. 7-12-19; 101-203,
25eff. 1-1-20.)
 

 

 

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1    Section 1100. The Stalking No Contact Order Act is amended
2by changing Sections 80, 115, and 135 as follows:
 
3    (740 ILCS 21/80)
4    Sec. 80. Stalking no contact orders; remedies.
5    (a) If the court finds that the petitioner has been a
6victim of stalking, a stalking no contact order shall issue;
7provided that the petitioner must also satisfy the
8requirements of Section 95 on emergency orders or Section 100
9on plenary orders. The petitioner shall not be denied a
10stalking no contact order because the petitioner or the
11respondent is a minor. The court, when determining whether or
12not to issue a stalking no contact order, may not require
13physical injury on the person of the petitioner. Modification
14and extension of prior stalking no contact orders shall be in
15accordance with this Act.
16    (b) A stalking no contact order shall order one or more of
17the following:
18        (1) prohibit the respondent from threatening to commit
19    or committing stalking;
20        (2) order the respondent not to have any contact with
21    the petitioner or a third person specifically named by the
22    court;
23        (3) prohibit the respondent from knowingly coming
24    within, or knowingly remaining within a specified distance
25    of the petitioner or the petitioner's residence, school,

 

 

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1    daycare, or place of employment, or any specified place
2    frequented by the petitioner; however, the court may order
3    the respondent to stay away from the respondent's own
4    residence, school, or place of employment only if the
5    respondent has been provided actual notice of the
6    opportunity to appear and be heard on the petition;
7        (4) prohibit the respondent from possessing a Firearm
8    Owners Identification Card, or possessing or buying
9    firearms; and
10        (5) order other injunctive relief the court determines
11    to be necessary to protect the petitioner or third party
12    specifically named by the court.
13    (b-5) When the petitioner and the respondent attend the
14same public, private, or non-public elementary, middle, or
15high school, the court when issuing a stalking no contact
16order and providing relief shall consider the severity of the
17act, any continuing physical danger or emotional distress to
18the petitioner, the educational rights guaranteed to the
19petitioner and respondent under federal and State law, the
20availability of a transfer of the respondent to another
21school, a change of placement or a change of program of the
22respondent, the expense, difficulty, and educational
23disruption that would be caused by a transfer of the
24respondent to another school, and any other relevant facts of
25the case. The court may order that the respondent not attend
26the public, private, or non-public elementary, middle, or high

 

 

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1school attended by the petitioner, order that the respondent
2accept a change of placement or program, as determined by the
3school district or private or non-public school, or place
4restrictions on the respondent's movements within the school
5attended by the petitioner. The respondent bears the burden of
6proving by a preponderance of the evidence that a transfer,
7change of placement, or change of program of the respondent is
8not available. The respondent also bears the burden of
9production with respect to the expense, difficulty, and
10educational disruption that would be caused by a transfer of
11the respondent to another school. A transfer, change of
12placement, or change of program is not unavailable to the
13respondent solely on the ground that the respondent does not
14agree with the school district's or private or non-public
15school's transfer, change of placement, or change of program
16or solely on the ground that the respondent fails or refuses to
17consent to or otherwise does not take an action required to
18effectuate a transfer, change of placement, or change of
19program. When a court orders a respondent to stay away from the
20public, private, or non-public school attended by the
21petitioner and the respondent requests a transfer to another
22attendance center within the respondent's school district or
23private or non-public school, the school district or private
24or non-public school shall have sole discretion to determine
25the attendance center to which the respondent is transferred.
26In the event the court order results in a transfer of the minor

 

 

HB3655- 2329 -LRB102 16922 WGH 22334 b

1respondent to another attendance center, a change in the
2respondent's placement, or a change of the respondent's
3program, the parents, guardian, or legal custodian of the
4respondent is responsible for transportation and other costs
5associated with the transfer or change.
6    (b-6) The court may order the parents, guardian, or legal
7custodian of a minor respondent to take certain actions or to
8refrain from taking certain actions to ensure that the
9respondent complies with the order. In the event the court
10orders a transfer of the respondent to another school, the
11parents, guardian, or legal custodian of the respondent are
12responsible for transportation and other costs associated with
13the change of school by the respondent.
14    (b-7) The court shall not hold a school district or
15private or non-public school or any of its employees in civil
16or criminal contempt unless the school district or private or
17non-public school has been allowed to intervene.
18    (b-8) The court may hold the parents, guardian, or legal
19custodian of a minor respondent in civil or criminal contempt
20for a violation of any provision of any order entered under
21this Act for conduct of the minor respondent in violation of
22this Act if the parents, guardian, or legal custodian
23directed, encouraged, or assisted the respondent minor in such
24conduct.
25    (c) The court may award the petitioner costs and attorneys
26fees if a stalking no contact order is granted.

 

 

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1    (d) Monetary damages are not recoverable as a remedy.
2    (e) If the stalking no contact order prohibits the
3respondent from possessing a Firearm Owner's Identification
4Card, or possessing or buying firearms; the court shall
5confiscate the respondent's Firearm Owner's Identification
6Card and immediately return the card to the Illinois
7Department of State Police Firearm Owner's Identification Card
8Office.
9(Source: P.A. 96-246, eff. 1-1-10; 97-294, eff. 1-1-12;
1097-1131, eff. 1-1-13.)
 
11    (740 ILCS 21/115)
12    Sec. 115. Notice of orders.
13    (a) Upon issuance of any stalking no contact order, the
14clerk shall immediately:
15        (1) enter the order on the record and file it in
16    accordance with the circuit court procedures; and
17        (2) provide a file stamped copy of the order to the
18    respondent, if present, and to the petitioner.
19    (b) The clerk of the issuing judge shall, or the
20petitioner may, on the same day that a stalking no contact
21order is issued, file a certified copy of that order with the
22sheriff or other law enforcement officials charged with
23maintaining Illinois Department of State Police records or
24charged with serving the order upon the respondent. If the
25respondent, at the time of the issuance of the order, is

 

 

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1committed to the custody of the Illinois Department of
2Corrections or Illinois Department of Juvenile Justice or is
3on parole, aftercare release, or mandatory supervised release,
4the sheriff or other law enforcement officials charged with
5maintaining Illinois Department of State Police records shall
6notify the Department of Corrections or Department of Juvenile
7Justice within 48 hours of receipt of a copy of the stalking no
8contact order from the clerk of the issuing judge or the
9petitioner. Such notice shall include the name of the
10respondent, the respondent's IDOC inmate number or IDJJ youth
11identification number, the respondent's date of birth, and the
12LEADS Record Index Number.
13    (c) Unless the respondent was present in court when the
14order was issued, the sheriff, other law enforcement official,
15or special process server shall promptly serve that order upon
16the respondent and file proof of such service in the manner
17provided for service of process in civil proceedings. Instead
18of serving the order upon the respondent, however, the
19sheriff, other law enforcement official, special process
20server, or other persons defined in Section 117 may serve the
21respondent with a short form notification as provided in
22Section 117. If process has not yet been served upon the
23respondent, it shall be served with the order or short form
24notification if such service is made by the sheriff, other law
25enforcement official, or special process server.
26    (d) If the person against whom the stalking no contact

 

 

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1order is issued is arrested and the written order is issued in
2accordance with subsection (c) of Section 95 and received by
3the custodial law enforcement agency before the respondent or
4arrestee is released from custody, the custodial law
5enforcement agent shall promptly serve the order upon the
6respondent or arrestee before the respondent or arrestee is
7released from custody. In no event shall detention of the
8respondent or arrestee be extended for hearing on the petition
9for stalking no contact order or receipt of the order issued
10under Section 95 of this Act.
11    (e) Any order extending, modifying, or revoking any
12stalking no contact order shall be promptly recorded, issued,
13and served as provided in this Section.
14    (f) Upon the request of the petitioner, within 24 hours of
15the issuance of a stalking no contact order, the clerk of the
16issuing judge shall send written notice of the order along
17with a certified copy of the order to any school, daycare,
18college, or university at which the petitioner is enrolled.
19(Source: P.A. 101-508, eff. 1-1-20.)
 
20    (740 ILCS 21/135)
21    Sec. 135. Data maintenance by law enforcement agencies.
22    (a) All sheriffs shall furnish to the Illinois Department
23of State Police, on the same day as received, in the form and
24detail the Department requires, copies of any recorded
25emergency or plenary stalking no contact orders issued by the

 

 

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1court and transmitted to the sheriff by the clerk of the court
2in accordance with subsection (b) of Section 115 of this Act.
3Each stalking no contact order shall be entered in the Law
4Enforcement Agencies Data System on the same day it is issued
5by the court. If an emergency stalking no contact order was
6issued in accordance with subsection (c) of Section 100, the
7order shall be entered in the Law Enforcement Agencies Data
8System as soon as possible after receipt from the clerk of the
9court.
10    (b) The Illinois Department of State Police shall maintain
11a complete and systematic record and index of all valid and
12recorded stalking no contact orders issued under this Act. The
13data shall be used to inform all dispatchers and law
14enforcement officers at the scene of an alleged incident of
15stalking or violation of a stalking no contact order of any
16recorded prior incident of stalking involving the petitioner
17and the effective dates and terms of any recorded stalking no
18contact order.
19(Source: P.A. 96-246, eff. 1-1-10.)
 
20    Section 1105. The Civil No Contact Order Act is amended by
21changing Sections 218 and 302 as follows:
 
22    (740 ILCS 22/218)
23    Sec. 218. Notice of orders.
24    (a) Upon issuance of any civil no contact order, the clerk

 

 

HB3655- 2334 -LRB102 16922 WGH 22334 b

1shall immediately:
2        (1) enter the order on the record and file it in
3    accordance with the circuit court procedures; and
4        (2) provide a file stamped copy of the order to the
5    respondent, if present, and to the petitioner.
6    (b) The clerk of the issuing judge shall, or the
7petitioner may, on the same day that a civil no contact order
8is issued, file a certified copy of that order with the sheriff
9or other law enforcement officials charged with maintaining
10Illinois Department of State Police records or charged with
11serving the order upon the respondent. If the respondent, at
12the time of the issuance of the order, is committed to the
13custody of the Illinois Department of Corrections or Illinois
14Department of Juvenile Justice, or is on parole, aftercare
15release, or mandatory supervised release, the sheriff or other
16law enforcement officials charged with maintaining Illinois
17Department of State Police records shall notify the Department
18of Corrections or Department of Juvenile Justice within 48
19hours of receipt of a copy of the civil no contact order from
20the clerk of the issuing judge or the petitioner. Such notice
21shall include the name of the respondent, the respondent's
22IDOC inmate number or IDJJ youth identification number, the
23respondent's date of birth, and the LEADS Record Index Number.
24    (c) Unless the respondent was present in court when the
25order was issued, the sheriff, other law enforcement official,
26or special process server shall promptly serve that order upon

 

 

HB3655- 2335 -LRB102 16922 WGH 22334 b

1the respondent and file proof of such service in the manner
2provided for service of process in civil proceedings. Instead
3of serving the order upon the respondent, however, the
4sheriff, other law enforcement official, special process
5server, or other persons defined in Section 218.1 may serve
6the respondent with a short form notification as provided in
7Section 218.1. If process has not yet been served upon the
8respondent, it shall be served with the order or short form
9notification if such service is made by the sheriff, other law
10enforcement official, or special process server.
11    (d) If the person against whom the civil no contact order
12is issued is arrested and the written order is issued in
13accordance with subsection (c) of Section 214 and received by
14the custodial law enforcement agency before the respondent or
15arrestee is released from custody, the custodial law
16enforcement agent shall promptly serve the order upon the
17respondent or arrestee before the respondent or arrestee is
18released from custody. In no event shall detention of the
19respondent or arrestee be extended for hearing on the petition
20for civil no contact order or receipt of the order issued under
21Section 214 of this Act.
22    (e) Any order extending, modifying, or revoking any civil
23no contact order shall be promptly recorded, issued, and
24served as provided in this Section.
25    (f) Upon the request of the petitioner, within 24 hours of
26the issuance of a civil no contact order, the clerk of the

 

 

HB3655- 2336 -LRB102 16922 WGH 22334 b

1issuing judge shall send written notice of the order along
2with a certified copy of the order to any school, college, or
3university at which the petitioner is enrolled.
4(Source: P.A. 101-508, eff. 1-1-20.)
 
5    (740 ILCS 22/302)
6    Sec. 302. Data maintenance by law enforcement agencies.
7    (a) All sheriffs shall furnish to the Illinois Department
8of State Police, on the same day as received, in the form and
9detail the Department requires, copies of any recorded
10emergency or plenary civil no contact orders issued by the
11court and transmitted to the sheriff by the clerk of the court
12in accordance with subsection (b) of Section 218 of this Act.
13Each civil no contact order shall be entered in the Law
14Enforcement Agencies Data System on the same day it is issued
15by the court. If an emergency civil no contact order was issued
16in accordance with subsection (c) of Section 214, the order
17shall be entered in the Law Enforcement Agencies Data System
18as soon as possible after receipt from the clerk of the court.
19    (b) The Illinois Department of State Police shall maintain
20a complete and systematic record and index of all valid and
21recorded civil no contact orders issued under this Act. The
22data shall be used to inform all dispatchers and law
23enforcement officers at the scene of an alleged incident of
24non-consensual sexual conduct or non-consensual sexual
25penetration or violation of a civil no contact order of any

 

 

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1recorded prior incident of non-consensual sexual conduct or
2non-consensual sexual penetration involving the victim and the
3effective dates and terms of any recorded civil no contact
4order.
5(Source: P.A. 93-236, eff. 1-1-04.)
 
6    Section 1110. The Controlled Substance and Cannabis
7Nuisance Act is amended by changing Sections 1, 3, and 7 as
8follows:
 
9    (740 ILCS 40/1)  (from Ch. 100 1/2, par. 14)
10    Sec. 1. As used in this Act unless the context otherwise
11requires:
12    "Department" means the Department of State Police of the
13State of Illinois.
14    "Controlled Substances" means any substance as defined and
15included in the Schedules of Article II of the "Illinois
16Controlled Substances Act," and cannabis as defined in the
17"Cannabis Control Act" enacted by the 77th General Assembly.
18    "Place" means any store, shop, warehouse, dwelling house,
19building, apartment or any place whatever.
20    "Nuisance" means any place at which or in which controlled
21substances are unlawfully sold, possessed, served, stored,
22delivered, manufactured, cultivated, given away or used more
23than once within a period of one year.
24    "Person" means any corporation, association, partner, or

 

 

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1one or more individuals.
2(Source: P.A. 87-765.)
 
3    (740 ILCS 40/3)  (from Ch. 100 1/2, par. 16)
4    Sec. 3. (a) The Illinois State Police Department or the
5State's Attorney or any citizen of the county in which a
6nuisance exists may file a complaint in the name of the People
7of the State of Illinois to enjoin all persons from
8maintaining or permitting such nuisance, to abate the same and
9to enjoin the use of any such place for the period of one year.
10    (b) Upon the filing of a complaint by the State's Attorney
11or the Illinois State Police Department in which the complaint
12states that irreparable injury, loss or damage will result to
13the People of the State of Illinois, the court shall enter a
14temporary restraining order without notice enjoining the
15maintenance of such nuisance, upon testimony under oath,
16affidavit, or verified complaint containing facts sufficient,
17if sustained, to justify the court in entering a preliminary
18injunction upon a hearing after notice. Every such temporary
19restraining order entered without notice shall be endorsed
20with the date and hour of entry of the order, shall be filed of
21record, and shall expire by its terms within such time after
22entry, not to exceed 10 days as fixed by the court, unless the
23temporary restraining order, for good cause, is extended for a
24like period or unless the party against whom the order is
25directed consents that it may be extended for a longer period.

 

 

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1The reason for extension shall be shown in the order. In case a
2temporary restraining order is entered without notice, the
3motion for a permanent injunction shall be set down for
4hearing at the earliest possible time and takes precedence
5over all matters except older matters of the same character,
6and when the motion comes on for hearing, the Illinois State
7Police Department or State's Attorney, as the case may be,
8shall proceed with the application for a permanent injunction,
9and, if he does not do so, the court shall dissolve the
10temporary restraining order. On 2 days' notice to the Illinois
11State Police Department or State's Attorney, as the case may
12be, the defendant may appear and move the dissolution or
13modification of such temporary restraining order and in that
14event the court shall proceed to hear and determine such
15motion as expeditiously as the ends of justice require.
16    (c) Upon the filing of the complaint by a citizen or the
17Illinois State Police Department or the State's Attorney (in
18cases in which the Illinois State Police Department or State's
19Attorney does not request injunctive relief without notice) in
20the circuit court, the court, if satisfied that the nuisance
21complained of exists, shall allow a temporary restraining
22order, with bond unless the application is filed by the
23Illinois State Police Department or State's Attorney, in such
24amount as the court may determine, enjoining the defendant
25from maintaining any such nuisance within the jurisdiction of
26the court granting the injunctive relief. However, no such

 

 

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1injunctive relief shall be granted, except on behalf of an
2owner or agent, unless it be made to appear to the satisfaction
3of the court that the owner or agent of such place knew or had
4been personally served with a notice signed by the plaintiff
5and that such notice has been served upon such owner or such
6agent of such place at least 5 days prior thereto, that such
7place, specifically describing the same, was being so used,
8naming the date or dates of its being so used, and that such
9owner or agent had failed to abate such nuisance, or that upon
10diligent inquiry such owner or agent could not be found for the
11service of such preliminary notice. The lessee, if any, of
12such place shall be made a party defendant to such petition. If
13the property owner is a corporation and the Illinois State
14Police Department or the State's Attorney sends the
15preliminary notice to the corporate address registered with
16the Secretary of State, such action shall create a rebuttable
17presumption that the parties have acted with due diligence and
18the court may grant injunctive relief.
19    (d) In all cases in which the complaint is filed by a
20citizen, such complaint shall be verified.
21(Source: P.A. 99-78, eff. 7-20-15.)
 
22    (740 ILCS 40/7)  (from Ch. 100 1/2, par. 20)
23    Sec. 7. The proceeds of the sale of the movable property
24shall be applied in payment of the costs of the proceeding, and
25the balance, if any, shall be forwarded by the clerk of the

 

 

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1circuit court to the State Treasurer for deposit into the Drug
2Treatment Fund, which is established as a special fund within
3the State Treasury. The Department of Human Services may make
4grants to persons licensed under Section 15-10 of the
5Substance Use Disorder Act or to municipalities or counties
6from funds appropriated to the Illinois State Police
7Department from the Drug Treatment Fund for the treatment of
8persons addicted to alcohol, cannabis, or controlled
9substances. The Illinois State Police Department may adopt any
10rules it deems appropriate for the administration of these
11grants. The Illinois State Police Department shall ensure that
12the moneys collected in each county be returned
13proportionately to the counties through grants to licensees
14located within the county in which the assessment was
15collected. Moneys in the Fund shall not supplant other local,
16state or federal funds.
17(Source: P.A. 100-759, eff. 1-1-19.)
 
18    Section 1115. The Mental Health and Developmental
19Disabilities Confidentiality Act is amended by changing
20Sections 12 and 12.2 as follows:
 
21    (740 ILCS 110/12)  (from Ch. 91 1/2, par. 812)
22    Sec. 12. (a) If the United States Secret Service or the
23Illinois Department of State Police requests information from
24a mental health or developmental disability facility, as

 

 

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1defined in Section 1-107 and 1-114 of the Mental Health and
2Developmental Disabilities Code, relating to a specific
3recipient and the facility director determines that disclosure
4of such information may be necessary to protect the life of, or
5to prevent the infliction of great bodily harm to, a public
6official, or a person under the protection of the United
7States Secret Service, only the following information may be
8disclosed: the recipient's name, address, and age and the date
9of any admission to or discharge from a facility; and any
10information which would indicate whether or not the recipient
11has a history of violence or presents a danger of violence to
12the person under protection. Any information so disclosed
13shall be used for investigative purposes only and shall not be
14publicly disseminated. Any person participating in good faith
15in the disclosure of such information in accordance with this
16provision shall have immunity from any liability, civil,
17criminal or otherwise, if such information is disclosed
18relying upon the representation of an officer of the United
19States Secret Service or the Illinois Department of State
20Police that a person is under the protection of the United
21States Secret Service or is a public official.
22    For the purpose of this subsection (a), the term "public
23official" means the Governor, Lieutenant Governor, Attorney
24General, Secretary of State, State Comptroller, State
25Treasurer, member of the General Assembly, member of the
26United States Congress, Judge of the United States as defined

 

 

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1in 28 U.S.C. 451, Justice of the United States as defined in 28
2U.S.C. 451, United States Magistrate Judge as defined in 28
3U.S.C. 639, Bankruptcy Judge appointed under 28 U.S.C. 152, or
4Supreme, Appellate, Circuit, or Associate Judge of the State
5of Illinois. The term shall also include the spouse, child or
6children of a public official.
7    (b) The Department of Human Services (acting as successor
8to the Department of Mental Health and Developmental
9Disabilities) and all public or private hospitals and mental
10health facilities are required, as hereafter described in this
11subsection, to furnish the Illinois Department of State Police
12only such information as may be required for the sole purpose
13of determining whether an individual who may be or may have
14been a patient is disqualified because of that status from
15receiving or retaining a Firearm Owner's Identification Card
16or falls within the federal prohibitors under subsection (e),
17(f), (g), (r), (s), or (t) of Section 8 of the Firearm Owners
18Identification Card Act, or falls within the federal
19prohibitors in 18 U.S.C. 922(g) and (n). All physicians,
20clinical psychologists, or qualified examiners at public or
21private mental health facilities or parts thereof as defined
22in this subsection shall, in the form and manner required by
23the Department, provide notice directly to the Department of
24Human Services, or to his or her employer who shall then report
25to the Department, within 24 hours after determining that a
26person poses a clear and present danger to himself, herself,

 

 

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1or others, or within 7 days after a person 14 years or older is
2determined to be a person with a developmental disability by a
3physician, clinical psychologist, or qualified examiner as
4described in Section 1.1 of the Firearm Owners Identification
5Card Act. If a person is a patient as described in clause (1)
6of the definition of "patient" in Section 1.1 of the Firearm
7Owners Identification Card Act, this information shall be
8furnished within 7 days after admission to a public or private
9hospital or mental health facility or the provision of
10services. Any such information disclosed under this subsection
11shall remain privileged and confidential, and shall not be
12redisclosed, except as required by subsection (e) of Section
133.1 of the Firearm Owners Identification Card Act, nor
14utilized for any other purpose. The method of requiring the
15providing of such information shall guarantee that no
16information is released beyond what is necessary for this
17purpose. In addition, the information disclosed shall be
18provided by the Department within the time period established
19by Section 24-3 of the Criminal Code of 2012 regarding the
20delivery of firearms. The method used shall be sufficient to
21provide the necessary information within the prescribed time
22period, which may include periodically providing lists to the
23Department of Human Services or any public or private hospital
24or mental health facility of Firearm Owner's Identification
25Card applicants on which the Department or hospital shall
26indicate the identities of those individuals who are to its

 

 

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1knowledge disqualified from having a Firearm Owner's
2Identification Card for reasons described herein. The
3Department may provide for a centralized source of information
4for the State on this subject under its jurisdiction. The
5identity of the person reporting under this subsection shall
6not be disclosed to the subject of the report. For the purposes
7of this subsection, the physician, clinical psychologist, or
8qualified examiner making the determination and his or her
9employer shall not be held criminally, civilly, or
10professionally liable for making or not making the
11notification required under this subsection, except for
12willful or wanton misconduct.
13    Any person, institution, or agency, under this Act,
14participating in good faith in the reporting or disclosure of
15records and communications otherwise in accordance with this
16provision or with rules, regulations or guidelines issued by
17the Department shall have immunity from any liability, civil,
18criminal or otherwise, that might result by reason of the
19action. For the purpose of any proceeding, civil or criminal,
20arising out of a report or disclosure in accordance with this
21provision, the good faith of any person, institution, or
22agency so reporting or disclosing shall be presumed. The full
23extent of the immunity provided in this subsection (b) shall
24apply to any person, institution or agency that fails to make a
25report or disclosure in the good faith belief that the report
26or disclosure would violate federal regulations governing the

 

 

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1confidentiality of alcohol and drug abuse patient records
2implementing 42 U.S.C. 290dd-3 and 290ee-3.
3    For purposes of this subsection (b) only, the following
4terms shall have the meaning prescribed:
5        (1) (Blank).
6        (1.3) "Clear and present danger" has the meaning as
7    defined in Section 1.1 of the Firearm Owners
8    Identification Card Act.
9        (1.5) "Person with a developmental disability" has the
10    meaning as defined in Section 1.1 of the Firearm Owners
11    Identification Card Act.
12        (2) "Patient" has the meaning as defined in Section
13    1.1 of the Firearm Owners Identification Card Act.
14        (3) "Mental health facility" has the meaning as
15    defined in Section 1.1 of the Firearm Owners
16    Identification Card Act.
17    (c) Upon the request of a peace officer who takes a person
18into custody and transports such person to a mental health or
19developmental disability facility pursuant to Section 3-606 or
204-404 of the Mental Health and Developmental Disabilities Code
21or who transports a person from such facility, a facility
22director shall furnish said peace officer the name, address,
23age and name of the nearest relative of the person transported
24to or from the mental health or developmental disability
25facility. In no case shall the facility director disclose to
26the peace officer any information relating to the diagnosis,

 

 

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1treatment or evaluation of the person's mental or physical
2health.
3    For the purposes of this subsection (c), the terms "mental
4health or developmental disability facility", "peace officer"
5and "facility director" shall have the meanings ascribed to
6them in the Mental Health and Developmental Disabilities Code.
7    (d) Upon the request of a peace officer or prosecuting
8authority who is conducting a bona fide investigation of a
9criminal offense, or attempting to apprehend a fugitive from
10justice, a facility director may disclose whether a person is
11present at the facility. Upon request of a peace officer or
12prosecuting authority who has a valid forcible felony warrant
13issued, a facility director shall disclose: (1) whether the
14person who is the subject of the warrant is present at the
15facility and (2) the date of that person's discharge or future
16discharge from the facility. The requesting peace officer or
17prosecuting authority must furnish a case number and the
18purpose of the investigation or an outstanding arrest warrant
19at the time of the request. Any person, institution, or agency
20participating in good faith in disclosing such information in
21accordance with this subsection (d) is immune from any
22liability, civil, criminal or otherwise, that might result by
23reason of the action.
24(Source: P.A. 98-63, eff. 7-9-13; 99-29, eff. 7-10-15; 99-143,
25eff. 7-27-15; 99-642, eff. 7-28-16.)
 

 

 

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1    (740 ILCS 110/12.2)  (from Ch. 91 1/2, par. 812.2)
2    Sec. 12.2. (a) When a recipient who has been judicially or
3involuntarily admitted, or is a forensic recipient admitted to
4a developmental disability or mental health facility, as
5defined in Section 1-107 or 1-114 of the Mental Health and
6Developmental Disabilities Code, is on an unauthorized absence
7or otherwise has left the custody of the Department of Human
8Services without being discharged or being free to do so, the
9facility director shall immediately furnish and disclose to
10the appropriate local law enforcement agency identifying
11information, as defined in this Section, and all further
12information unrelated to the diagnosis, treatment or
13evaluation of the recipient's mental or physical health that
14would aid the law enforcement agency in recovering the
15recipient and returning him or her to custody. When a forensic
16recipient is on an unauthorized absence or otherwise has left
17the custody of the Department without being discharged or
18being free to do so, the facility director, or designee, of a
19mental health facility or developmental facility operated by
20the Department shall also immediately notify, in like manner,
21the Illinois Department of State Police.
22    (b) If a law enforcement agency requests information from
23a developmental disability or mental health facility, as
24defined in Section 1-107 or 1-114 of the Mental Health and
25Developmental Disabilities Code, relating to a recipient who
26has been admitted to the facility and for whom a missing person

 

 

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1report has been filed with a law enforcement agency, the
2facility director shall, except in the case of a voluntary
3recipient wherein the recipient's permission in writing must
4first be obtained, furnish and disclose to the law enforcement
5agency identifying information as is necessary to confirm or
6deny whether that person is, or has been since the missing
7person report was filed, a resident of that facility. The
8facility director shall notify the law enforcement agency if
9the missing person is admitted after the request. Any person
10participating in good faith in the disclosure of information
11in accordance with this provision shall have immunity from any
12liability, civil, criminal, or otherwise, if the information
13is disclosed relying upon the representation of an officer of
14a law enforcement agency that a missing person report has been
15filed.
16    (c) Upon the request of a law enforcement agency in
17connection with the investigation of a particular felony or
18sex offense, when the investigation case file number is
19furnished by the law enforcement agency, a facility director
20shall immediately disclose to that law enforcement agency
21identifying information on any forensic recipient who is
22admitted to a developmental disability or mental health
23facility, as defined in Section 1-107 or 1-114 of the Mental
24Health and Developmental Disabilities Code, who was or may
25have been away from the facility at or about the time of the
26commission of a particular felony or sex offense, and: (1)

 

 

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1whose description, clothing, or both reasonably match the
2physical description of any person allegedly involved in that
3particular felony or sex offense; or (2) whose past modus
4operandi matches the modus operandi of that particular felony
5or sex offense.
6    (d) For the purposes of this Section and Section 12.1,
7"law enforcement agency" means an agency of the State or unit
8of local government that is vested by law or ordinance with the
9duty to maintain public order and to enforce criminal laws or
10ordinances, the Federal Bureau of Investigation, the Central
11Intelligence Agency, and the United States Secret Service.
12    (e) For the purpose of this Section, "identifying
13information" means the name, address, age, and a physical
14description, including clothing, of the recipient of services,
15the names and addresses of the recipient's nearest known
16relatives, where the recipient was known to have been during
17any past unauthorized absences from a facility, whether the
18recipient may be suicidal, and the condition of the
19recipient's physical health as it relates to exposure to the
20weather. Except as provided in Section 11, in no case shall the
21facility director disclose to the law enforcement agency any
22information relating to the diagnosis, treatment, or
23evaluation of the recipient's mental or physical health,
24unless the disclosure is deemed necessary by the facility
25director to insure the safety of the investigating officers or
26general public.

 

 

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1    (f) For the purpose of this Section, "forensic recipient"
2means a recipient who is placed in a developmental disability
3facility or mental health facility, as defined in Section
41-107 or 1-114 of the Mental Health and Developmental
5Disabilities Code, pursuant to Article 104 of the Code of
6Criminal Procedure of 1963 or Sections 3-8-5, 3-10-5 or 5-2-4
7of the Unified Code of Corrections.
8(Source: P.A. 98-756, eff. 7-16-14; 99-216, eff. 7-31-15.)
 
9    Section 1120. The Illinois False Claims Act is amended by
10changing Sections 2, 4, and 8 as follows:
 
11    (740 ILCS 175/2)  (from Ch. 127, par. 4102)
12    Sec. 2. Definitions. As used in this Act:
13    (a) "State" means the State of Illinois; any agency of
14State government; the system of State colleges and
15universities, any school district, community college district,
16county, municipality, municipal corporation, unit of local
17government, and any combination of the above under an
18intergovernmental agreement that includes provisions for a
19governing body of the agency created by the agreement.
20    (b) "Guard" means the Illinois National Guard.
21    (c) "Investigation" means any inquiry conducted by any
22investigator for the purpose of ascertaining whether any
23person is or has been engaged in any violation of this Act.
24    (d) "Investigator" means a person who is charged by the

 

 

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1Attorney General or the Illinois Department of State Police
2with the duty of conducting any investigation under this Act,
3or any officer or employee of the State acting under the
4direction and supervision of the Attorney General or the
5Illinois Department of State Police, through the Division of
6Operations or the Division of Internal Investigation, in the
7course of an investigation.
8    (e) "Documentary material" includes the original or any
9copy of any book, record, report, memorandum, paper,
10communication, tabulation, chart, or other document, or data
11compilations stored in or accessible through computer or other
12information retrieval systems, together with instructions and
13all other materials necessary to use or interpret such data
14compilations, and any product of discovery.
15    (f) "Custodian" means the custodian, or any deputy
16custodian, designated by the Attorney General under subsection
17(i)(1) of Section 6.
18    (g) "Product of discovery" includes:
19        (1) the original or duplicate of any deposition,
20    interrogatory, document, thing, result of the inspection
21    of land or other property, examination, or admission,
22    which is obtained by any method of discovery in any
23    judicial or administrative proceeding of an adversarial
24    nature;
25        (2) any digest, analysis, selection, compilation, or
26    derivation of any item listed in paragraph (1); and

 

 

HB3655- 2353 -LRB102 16922 WGH 22334 b

1        (3) any index or other manner of access to any item
2    listed in paragraph (1).
3(Source: P.A. 95-128, eff. 1-1-08; 96-1304, eff. 7-27-10.)
 
4    (740 ILCS 175/4)  (from Ch. 127, par. 4104)
5    Sec. 4. Civil actions for false claims.
6    (a) Responsibilities of the Attorney General and the
7Illinois Department of State Police. The Attorney General or
8the Illinois Department of State Police shall diligently
9investigate a civil violation under Section 3. If the Attorney
10General finds that a person violated or is violating Section
113, the Attorney General may bring a civil action under this
12Section against the person.
13    The State shall receive an amount for reasonable expenses
14that the court finds to have been necessarily incurred by the
15Attorney General, including reasonable attorneys' fees and
16costs. All such expenses, fees, and costs shall be awarded
17against the defendant. The court may award amounts from the
18proceeds of an action or settlement that it considers
19appropriate to any governmental entity or program that has
20been adversely affected by a defendant. The Attorney General,
21if necessary, shall direct the State Treasurer to make a
22disbursement of funds as provided in court orders or
23settlement agreements.
24    (b) Actions by private persons.
25        (1) A person may bring a civil action for a violation

 

 

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1    of Section 3 for the person and for the State. The action
2    shall be brought in the name of the State. The action may
3    be dismissed only if the court and the Attorney General
4    give written consent to the dismissal and their reasons
5    for consenting.
6        (2) A copy of the complaint and written disclosure of
7    substantially all material evidence and information the
8    person possesses shall be served on the State. The
9    complaint shall be filed in camera, shall remain under
10    seal for at least 60 days, and shall not be served on the
11    defendant until the court so orders. The State may elect
12    to intervene and proceed with the action within 60 days
13    after it receives both the complaint and the material
14    evidence and information.
15        (3) The State may, for good cause shown, move the
16    court for extensions of the time during which the
17    complaint remains under seal under paragraph (2). Any such
18    motions may be supported by affidavits or other
19    submissions in camera. The defendant shall not be required
20    to respond to any complaint filed under this Section until
21    20 days after the complaint is unsealed and served upon
22    the defendant.
23        (4) Before the expiration of the 60-day period or any
24    extensions obtained under paragraph (3), the State shall:
25            (A) proceed with the action, in which case the
26        action shall be conducted by the State; or

 

 

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1            (B) notify the court that it declines to take over
2        the action, in which case the person bringing the
3        action shall have the right to conduct the action.
4        (5) When a person brings an action under this
5    subsection (b), no person other than the State may
6    intervene or bring a related action based on the facts
7    underlying the pending action.
8    (c) Rights of the parties to Qui Tam actions.
9        (1) If the State proceeds with the action, it shall
10    have the primary responsibility for prosecuting the
11    action, and shall not be bound by an act of the person
12    bringing the action. Such person shall have the right to
13    continue as a party to the action, subject to the
14    limitations set forth in paragraph (2).
15        (2)(A) The State may dismiss the action
16    notwithstanding the objections of the person initiating
17    the action if the person has been notified by the State of
18    the filing of the motion and the court has provided the
19    person with an opportunity for a hearing on the motion.
20        (B) The State may settle the action with the defendant
21    notwithstanding the objections of the person initiating
22    the action if the court determines, after a hearing, that
23    the proposed settlement is fair, adequate, and reasonable
24    under all the circumstances. Upon a showing of good cause,
25    such hearing may be held in camera.
26        (C) Upon a showing by the State that unrestricted

 

 

HB3655- 2356 -LRB102 16922 WGH 22334 b

1    participation during the course of the litigation by the
2    person initiating the action would interfere with or
3    unduly delay the State's prosecution of the case, or would
4    be repetitious, irrelevant, or for purposes of harassment,
5    the court may, in its discretion, impose limitations on
6    the person's participation, such as:
7            (i) limiting the number of witnesses the person
8        may call:
9            (ii) limiting the length of the testimony of such
10        witnesses;
11            (iii) limiting the person's cross-examination of
12        witnesses; or
13            (iv) otherwise limiting the participation by the
14        person in the litigation.
15        (D) Upon a showing by the defendant that unrestricted
16    participation during the course of the litigation by the
17    person initiating the action would be for purposes of
18    harassment or would cause the defendant undue burden or
19    unnecessary expense, the court may limit the participation
20    by the person in the litigation.
21        (3) If the State elects not to proceed with the
22    action, the person who initiated the action shall have the
23    right to conduct the action. If the State so requests, it
24    shall be served with copies of all pleadings filed in the
25    action and shall be supplied with copies of all deposition
26    transcripts (at the State's expense). When a person

 

 

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1    proceeds with the action, the court, without limiting the
2    status and rights of the person initiating the action, may
3    nevertheless permit the State to intervene at a later date
4    upon a showing of good cause.
5        (4) Whether or not the State proceeds with the action,
6    upon a showing by the State that certain actions of
7    discovery by the person initiating the action would
8    interfere with the State's investigation or prosecution of
9    a criminal or civil matter arising out of the same facts,
10    the court may stay such discovery for a period of not more
11    than 60 days. Such a showing shall be conducted in camera.
12    The court may extend the 60-day period upon a further
13    showing in camera that the State has pursued the criminal
14    or civil investigation or proceedings with reasonable
15    diligence and any proposed discovery in the civil action
16    will interfere with the ongoing criminal or civil
17    investigation or proceedings.
18        (5) Notwithstanding subsection (b), the State may
19    elect to pursue its claim through any alternate remedy
20    available to the State, including any administrative
21    proceeding to determine a civil money penalty. If any such
22    alternate remedy is pursued in another proceeding, the
23    person initiating the action shall have the same rights in
24    such proceeding as such person would have had if the
25    action had continued under this Section. Any finding of
26    fact or conclusion of law made in such other proceeding

 

 

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1    that has become final shall be conclusive on all parties
2    to an action under this Section. For purposes of the
3    preceding sentence, a finding or conclusion is final if it
4    has been finally determined on appeal to the appropriate
5    court, if all time for filing such an appeal with respect
6    to the finding or conclusion has expired, or if the
7    finding or conclusion is not subject to judicial review.
8    (d) Award to Qui Tam plaintiff.
9        (1) If the State proceeds with an action brought by a
10    person under subsection (b), such person shall, subject to
11    the second sentence of this paragraph, receive at least
12    15% but not more than 25% of the proceeds of the action or
13    settlement of the claim, depending upon the extent to
14    which the person substantially contributed to the
15    prosecution of the action. Where the action is one which
16    the court finds to be based primarily on disclosures of
17    specific information (other than information provided by
18    the person bringing the action) relating to allegations or
19    transactions in a criminal, civil, or administrative
20    hearing, in a legislative, administrative, or Auditor
21    General's report, hearing, audit, or investigation, or
22    from the news media, the court may award such sums as it
23    considers appropriate, but in no case more than 10% of the
24    proceeds, taking into account the significance of the
25    information and the role of the person bringing the action
26    in advancing the case to litigation. Any payment to a

 

 

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1    person under the first or second sentence of this
2    paragraph (1) shall be made from the proceeds. Any such
3    person shall also receive an amount for reasonable
4    expenses which the court finds to have been necessarily
5    incurred, plus reasonable attorneys' fees and costs. The
6    State shall also receive an amount for reasonable expenses
7    which the court finds to have been necessarily incurred by
8    the Attorney General, including reasonable attorneys' fees
9    and costs. All such expenses, fees, and costs shall be
10    awarded against the defendant. The court may award amounts
11    from the proceeds of an action or settlement that it
12    considers appropriate to any governmental entity or
13    program that has been adversely affected by a defendant.
14    The Attorney General, if necessary, shall direct the State
15    Treasurer to make a disbursement of funds as provided in
16    court orders or settlement agreements.
17        (2) If the State does not proceed with an action under
18    this Section, the person bringing the action or settling
19    the claim shall receive an amount which the court decides
20    is reasonable for collecting the civil penalty and
21    damages. The amount shall be not less than 25% and not more
22    than 30% of the proceeds of the action or settlement and
23    shall be paid out of such proceeds. Such person shall also
24    receive an amount for reasonable expenses which the court
25    finds to have been necessarily incurred, plus reasonable
26    attorneys' fees and costs. All such expenses, fees, and

 

 

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1    costs shall be awarded against the defendant. The court
2    may award amounts from the proceeds of an action or
3    settlement that it considers appropriate to any
4    governmental entity or program that has been adversely
5    affected by a defendant. The Attorney General, if
6    necessary, shall direct the State Treasurer to make a
7    disbursement of funds as provided in court orders or
8    settlement agreements.
9        (3) Whether or not the State proceeds with the action,
10    if the court finds that the action was brought by a person
11    who planned and initiated the violation of Section 3 upon
12    which the action was brought, then the court may, to the
13    extent the court considers appropriate, reduce the share
14    of the proceeds of the action which the person would
15    otherwise receive under paragraph (1) or (2) of this
16    subsection (d), taking into account the role of that
17    person in advancing the case to litigation and any
18    relevant circumstances pertaining to the violation. If the
19    person bringing the action is convicted of criminal
20    conduct arising from his or her role in the violation of
21    Section 3, that person shall be dismissed from the civil
22    action and shall not receive any share of the proceeds of
23    the action. Such dismissal shall not prejudice the right
24    of the State to continue the action, represented by the
25    Attorney General.
26        (4) If the State does not proceed with the action and

 

 

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1    the person bringing the action conducts the action, the
2    court may award to the defendant its reasonable attorneys'
3    fees and expenses if the defendant prevails in the action
4    and the court finds that the claim of the person bringing
5    the action was clearly frivolous, clearly vexatious, or
6    brought primarily for purposes of harassment.
7    (e) Certain actions barred.
8        (1) No court shall have jurisdiction over an action
9    brought by a former or present member of the Guard under
10    subsection (b) of this Section against a member of the
11    Guard arising out of such person's service in the Guard.
12        (2)(A) No court shall have jurisdiction over an action
13    brought under subsection (b) against a member of the
14    General Assembly, a member of the judiciary, or an exempt
15    official if the action is based on evidence or information
16    known to the State when the action was brought.
17        (B) For purposes of this paragraph (2), "exempt
18    official" means any of the following officials in State
19    service: directors of departments established under the
20    Civil Administrative Code of Illinois, the Adjutant
21    General, the Assistant Adjutant General, the Director of
22    the State Emergency Services and Disaster Agency, members
23    of the boards and commissions, and all other positions
24    appointed by the Governor by and with the consent of the
25    Senate.
26        (3) In no event may a person bring an action under

 

 

HB3655- 2362 -LRB102 16922 WGH 22334 b

1    subsection (b) which is based upon allegations or
2    transactions which are the subject of a civil suit or an
3    administrative civil money penalty proceeding in which the
4    State is already a party.
5        (4)(A) The court shall dismiss an action or claim
6    under this Section, unless opposed by the State, if
7    substantially the same allegations or transactions as
8    alleged in the action or claim were publicly disclosed:
9            (i) in a criminal, civil, or administrative
10        hearing in which the State or its agent is a party;
11            (ii) in a State legislative, State Auditor
12        General, or other State report, hearing, audit, or
13        investigation; or
14            (iii) from the news media,
15    unless the action is brought by the Attorney General or
16    the person bringing the action is an original source of
17    the information.
18        (B) For purposes of this paragraph (4), "original
19    source" means an individual who either (i) prior to a
20    public disclosure under subparagraph (A) of this paragraph
21    (4), has voluntarily disclosed to the State the
22    information on which allegations or transactions in a
23    claim are based, or (ii) has knowledge that is independent
24    of and materially adds to the publicly disclosed
25    allegations or transactions, and who has voluntarily
26    provided the information to the State before filing an

 

 

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1    action under this Section.
2    (f) State not liable for certain expenses. The State is
3not liable for expenses which a person incurs in bringing an
4action under this Section.
5    (g) Relief from retaliatory actions.
6        (1) In general, any employee, contractor, or agent
7    shall be entitled to all relief necessary to make that
8    employee, contractor, or agent whole, if that employee,
9    contractor, or agent is discharged, demoted, suspended,
10    threatened, harassed, or in any other manner discriminated
11    against in the terms and conditions of employment because
12    of lawful acts done by the employee, contractor, agent, or
13    associated others in furtherance of an action under this
14    Section or other efforts to stop one or more violations of
15    this Act.
16        (2) Relief under paragraph (1) shall include
17    reinstatement with the same seniority status that the
18    employee, contractor, or agent would have had but for the
19    discrimination, 2 times the amount of back pay, interest
20    on the back pay, and compensation for any special damages
21    sustained as a result of the discrimination, including
22    litigation costs and reasonable attorneys' fees. An action
23    under this subsection (g) may be brought in the
24    appropriate circuit court for the relief provided in this
25    subsection (g).
26        (3) A civil action under this subsection may not be

 

 

HB3655- 2364 -LRB102 16922 WGH 22334 b

1    brought more than 3 years after the date when the
2    retaliation occurred.
3(Source: P.A. 96-1304, eff. 7-27-10; 97-978, eff. 8-17-12.)
 
4    (740 ILCS 175/8)  (from Ch. 127, par. 4108)
5    Sec. 8. Funds; Grants.
6    (a) There is hereby created the State Whistleblower Reward
7and Protection Fund to be held outside of the State Treasury
8with the State Treasurer as custodian. All proceeds of an
9action or settlement of a claim brought under this Act shall be
10deposited in the Fund. Any attorneys' fees, expenses, and
11costs paid by or awarded against any defendant pursuant to
12Section 4 of this Act shall not be considered part of the
13proceeds to be deposited in the Fund.
14    (b) Monies in the Fund shall be allocated as follows:
15One-sixth of the monies shall be paid to the Attorney General
16Whistleblower Reward and Protection Fund, which is hereby
17created as a special fund in the State Treasury, and one-sixth
18of the monies shall be paid to the State Police Whistleblower
19Reward and Protection Fund, which is hereby created as a
20special fund in the State Treasury, for State law enforcement
21purposes. The remaining two-thirds of the monies in the Fund
22shall be used for payment of awards to Qui Tam plaintiffs and
23as otherwise specified in this Act, with any remainder to the
24General Revenue Fund. The Attorney General shall direct the
25State Treasurer to make disbursement of funds.

 

 

HB3655- 2365 -LRB102 16922 WGH 22334 b

1(Source: P.A. 101-148, eff. 7-26-19.)
 
2    Section 1125. The Illinois Marriage and Dissolution of
3Marriage Act is amended by changing Section 607.5 as follows:
 
4    (750 ILCS 5/607.5)
5    Sec. 607.5. Abuse of allocated parenting time.
6    (a) The court shall provide an expedited procedure for the
7enforcement of allocated parenting time.
8    (b) An action for the enforcement of allocated parenting
9time may be commenced by a parent or a person appointed under
10Section 506 by filing a petition setting forth: (i) the
11petitioner's name and residence address or mailing address,
12except that if the petition states that disclosure of
13petitioner's address would risk abuse of petitioner or any
14member of petitioner's family or household or reveal the
15confidential address of a shelter for domestic violence
16victims, that address may be omitted from the petition; (ii)
17the respondent's name and place of residence, place of
18employment, or mailing address; (iii) the terms of the
19parenting plan or allocation judgment then in effect; (iv) the
20nature of the violation of the allocation of parenting time,
21giving dates and other relevant information; and (v) that a
22reasonable attempt was made to resolve the dispute.
23    (c) If the court finds by a preponderance of the evidence
24that a parent has not complied with allocated parenting time

 

 

HB3655- 2366 -LRB102 16922 WGH 22334 b

1according to an approved parenting plan or a court order, the
2court, in the child's best interests, shall issue an order
3that may include one or more of the following:
4        (1) an imposition of additional terms and conditions
5    consistent with the court's previous allocation of
6    parenting time or other order;
7        (2) a requirement that either or both of the parties
8    attend a parental education program at the expense of the
9    non-complying parent;
10        (3) upon consideration of all relevant factors,
11    particularly a history or possibility of domestic
12    violence, a requirement that the parties participate in
13    family or individual counseling, the expense of which
14    shall be allocated by the court; if counseling is ordered,
15    all counseling sessions shall be confidential, and the
16    communications in counseling shall not be used in any
17    manner in litigation nor relied upon by an expert
18    appointed by the court or retained by any party;
19        (4) a requirement that the non-complying parent post a
20    cash bond or other security to ensure future compliance,
21    including a provision that the bond or other security may
22    be forfeited to the other parent for payment of expenses
23    on behalf of the child as the court shall direct;
24        (5) a requirement that makeup parenting time be
25    provided for the aggrieved parent or child under the
26    following conditions:

 

 

HB3655- 2367 -LRB102 16922 WGH 22334 b

1            (A) that the parenting time is of the same type and
2        duration as the parenting time that was denied,
3        including but not limited to parenting time during
4        weekends, on holidays, and on weekdays and during
5        times when the child is not in school;
6            (B) that the parenting time is made up within 6
7        months after the noncompliance occurs, unless the
8        period of time or holiday cannot be made up within 6
9        months, in which case the parenting time shall be made
10        up within one year after the noncompliance occurs;
11        (6) a finding that the non-complying parent is in
12    contempt of court;
13        (7) an imposition on the non-complying parent of an
14    appropriate civil fine per incident of denied parenting
15    time;
16        (8) a requirement that the non-complying parent
17    reimburse the other parent for all reasonable expenses
18    incurred as a result of the violation of the parenting
19    plan or court order; and
20        (9) any other provision that may promote the child's
21    best interests.
22    (d) In addition to any other order entered under
23subsection (c), except for good cause shown, the court shall
24order a parent who has failed to provide allocated parenting
25time or to exercise allocated parenting time to pay the
26aggrieved party his or her reasonable attorney's fees, court

 

 

HB3655- 2368 -LRB102 16922 WGH 22334 b

1costs, and expenses associated with an action brought under
2this Section. If the court finds that the respondent in an
3action brought under this Section has not violated the
4allocated parenting time, the court may order the petitioner
5to pay the respondent's reasonable attorney's fees, court
6costs, and expenses incurred in the action.
7    (e) Nothing in this Section precludes a party from
8maintaining any other action as provided by law.
9    (f) When the court issues an order holding a party in
10contempt for violation of a parenting time order and finds
11that the party engaged in parenting time abuse, the court may
12order one or more of the following:
13        (1) Suspension of a party's Illinois driving
14    privileges pursuant to Section 7-703 of the Illinois
15    Vehicle Code until the court determines that the party is
16    in compliance with the parenting time order. The court may
17    also order that a party be issued a family financial
18    responsibility driving permit that would allow limited
19    driving privileges for employment, for medical purposes,
20    and to transport a child to or from scheduled parenting
21    time in order to comply with a parenting time order in
22    accordance with subsection (a-1) of Section 7-702.1 of the
23    Illinois Vehicle Code.
24        (2) Placement of a party on probation with such
25    conditions of probation as the court deems advisable.
26        (3) Sentencing of a party to periodic imprisonment for

 

 

HB3655- 2369 -LRB102 16922 WGH 22334 b

1    a period not to exceed 6 months; provided, that the court
2    may permit the party to be released for periods of time
3    during the day or night to:
4            (A) work; or
5            (B) conduct a business or other self-employed
6        occupation.
7        (4) Find that a party in engaging in parenting time
8    abuse is guilty of a petty offense and should be fined an
9    amount of no more than $500 for each finding of parenting
10    time abuse.
11    (g) When the court issues an order holding a party in
12contempt of court for violation of a parenting order, the
13clerk shall transmit a copy of the contempt order to the
14sheriff of the county. The sheriff shall furnish a copy of each
15contempt order to the Illinois Department of State Police on a
16daily basis in the form and manner required by the Department.
17The Department shall maintain a complete record and index of
18the contempt orders and make this data available to all local
19law enforcement agencies.
20    (h) Nothing contained in this Section shall be construed
21to limit the court's contempt power.
22(Source: P.A. 99-90, eff. 1-1-16; 99-763, eff. 1-1-17.)
 
23    Section 1130. The Adoption Act is amended by changing
24Sections 6 and 12.3 as follows:
 

 

 

HB3655- 2370 -LRB102 16922 WGH 22334 b

1    (750 ILCS 50/6)  (from Ch. 40, par. 1508)
2    Sec. 6. A. Investigation; all cases. Within 10 days after
3the filing of a petition for the adoption or standby adoption
4of a child other than a related child, the court shall appoint
5a child welfare agency approved by the Department of Children
6and Family Services, or a person deemed competent by the
7court, or in Cook County the Court Services Division of the
8Cook County Department of Public Aid, or the Department of
9Children and Family Services if the court determines that no
10child welfare agency is available or that the petitioner is
11financially unable to pay for the investigation, to
12investigate accurately, fully and promptly, the allegations
13contained in the petition; the character, reputation, health
14and general standing in the community of the petitioners; the
15religious faith of the petitioners and, if ascertainable, of
16the child sought to be adopted; and whether the petitioners
17are proper persons to adopt the child and whether the child is
18a proper subject of adoption. The investigation required under
19this Section shall include a fingerprint based criminal
20background check with a review of fingerprints by the Illinois
21State Police and Federal Bureau of Investigation. Each
22petitioner subject to this investigation, shall submit his or
23her fingerprints to the Illinois Department of State Police in
24the form and manner prescribed by the Illinois Department of
25State Police. These fingerprints shall be checked against the
26fingerprint records now and hereafter filed in the Illinois

 

 

HB3655- 2371 -LRB102 16922 WGH 22334 b

1Department of State Police and Federal Bureau of Investigation
2criminal history records databases. The Illinois Department of
3State Police shall charge a fee for conducting the criminal
4history records check, which shall be deposited in the State
5Police Services Fund and shall not exceed the actual cost of
6the records check. The criminal background check required by
7this Section shall include a listing of when, where and by whom
8the criminal background check was prepared. The criminal
9background check required by this Section shall not be more
10than two years old.
11    Neither a clerk of the circuit court nor a judge may
12require that a criminal background check or fingerprint review
13be filed with, or at the same time as, an initial petition for
14adoption.
15    B. Investigation; foreign-born child. In the case of a
16child born outside the United States or a territory thereof,
17in addition to the investigation required under subsection (A)
18of this Section, a post-placement investigation shall be
19conducted in accordance with the requirements of the Child
20Care Act of 1969, the Interstate Compact on the Placement of
21Children, and the Intercountry Adoption Act of 2000.
22    The requirements of a post-placement investigation shall
23be deemed to have been satisfied if a valid final order or
24judgment of adoption has been entered by a court of competent
25jurisdiction in a country other than the United States or a
26territory thereof with respect to such child and the

 

 

HB3655- 2372 -LRB102 16922 WGH 22334 b

1petitioners.
2    C. Report of investigation. The court shall determine
3whether the costs of the investigation shall be charged to the
4petitioners. The information obtained as a result of such
5investigation shall be presented to the court in a written
6report. The results of the criminal background check required
7under subsection (A) shall be provided to the court for its
8review. The court may, in its discretion, weigh the
9significance of the results of the criminal background check
10against the entirety of the background of the petitioners. The
11Court, in its discretion, may accept the report of the
12investigation previously made by a licensed child welfare
13agency, if made within one year prior to the entry of the
14judgment. Such report shall be treated as confidential and
15withheld from inspection unless findings adverse to the
16petitioners or to the child sought to be adopted are contained
17therein, and in that event the court shall inform the
18petitioners of the relevant portions pertaining to the adverse
19findings. In no event shall any facts set forth in the report
20be considered at the hearing of the proceeding, unless
21established by competent evidence. The report shall be filed
22with the record of the proceeding. If the file relating to the
23proceeding is not impounded, the report shall be impounded by
24the clerk of the court and shall be made available for
25inspection only upon order of the court.
26    D. Related adoption. Such investigation shall not be made

 

 

HB3655- 2373 -LRB102 16922 WGH 22334 b

1when the petition seeks to adopt a related child or an adult
2unless the court, in its discretion, shall so order. In such an
3event the court may appoint a person deemed competent by the
4court.
5(Source: P.A. 98-455, eff. 1-1-14.)
 
6    (750 ILCS 50/12.3)
7    Sec. 12.3. Additional requirements in private adoptions.
8In cases of adoptions in which an Illinois licensed child
9welfare agency is not providing adoption services and the
10child who is the subject of the adoption is not a related child
11of the prospective adoptive parent and not under the custody
12or guardianship of the Department of Children and Family
13Services under the Juvenile Court Act of 1987, the following
14requirements shall apply in addition to any other applicable
15requirements set forth in Section 6 or other provisions of
16this Act:
17        (1) Within 10 days of filing a petition for adoption
18    pursuant to Section 5 of this Act, the prospective
19    adoptive parents and anyone 18 years of age or older who
20    resides in the adoptive home must initiate requests for
21    background checks from the following: the State police and
22    child abuse registry from every state of residence for the
23    5 years preceding the filing date of the petition, the
24    FBI, the National Sex Offender Registry, and, if Illinois
25    residents, from the Illinois State Police and Child Abuse

 

 

HB3655- 2374 -LRB102 16922 WGH 22334 b

1    and Neglect Tracking System. The background checks must be
2    fingerprint-based, if available. The Child Abuse and
3    Neglect Tracking System background check must also be
4    requested for each person 13 to 17 years of age living in
5    the adoptive home.
6        (2) Within 30 days of filing a petition for adoption,
7    the results of the background checks set forth in
8    paragraph (1) of this Section shall be provided to the
9    guardian ad litem of the child appointed by the court or,
10    should there not be a guardian ad litem, to the
11    investigator appointed by the court pursuant to subsection
12    A of Section 6 of this Act.
13        (3) An initial assessment, including a home visit,
14    must be made by the guardian ad litem or the investigator
15    appointed by the court pursuant to subsection A of Section
16    6 of this Act no later than 30 days of said appointment;
17        (4) As part of the investigation, the guardian ad
18    litem or the investigator appointed by the court pursuant
19    to subsection A of Section 6 of this Act must provide the
20    prospective adoptive parents with the Adoptive Parent
21    Rights and Responsibilities-Private Form set forth in
22    Section 12.2 of this Act. The prospective adoptive parent
23    or parents must sign the form acknowledging receipt of the
24    form, and the original form must be filed with the court at
25    the time of the issuance of the interim order, and a copy
26    must be provided to the prospective parent or parents;

 

 

HB3655- 2375 -LRB102 16922 WGH 22334 b

1        (5) The attorney for the prospective adoptive parent
2    or parents or the birth parent or parents shall provide
3    the prospective adoptive parent or parents with the Birth
4    Parent Medical form or forms if completed by the birth
5    parent or parents as set forth in subsection A-2 of
6    Section 10 of this Act, as soon as practicable but no later
7    than the time of entry of the interim order;
8        (6) The guardian ad litem, or the court-appointed
9    investigator appointed pursuant to subsection A of Section
10    6 of this Act, shall provide a report of investigation to
11    the Court within 6 months after appointment, or earlier if
12    so ordered by the court.
13        (7) The birth parent shall have the right to request
14    to receive counseling before and after signing a Final and
15    Irrevocable Consent to Adoption form, a Final and
16    Irrevocable Consent to Adoption by a Specified Person or
17    Persons: Non-DCFS Case form, or a Consent to Adoption of
18    Unborn Child form. The prospective adoptive parent or
19    parents may agree to pay for the cost of counseling in a
20    manner consistent with Illinois law, but the prospective
21    adoptive parent or parents are not required to do so.
22(Source: P.A. 99-833, eff. 1-1-17.)
 
23    Section 1135. The Illinois Domestic Violence Act of 1986
24is amended by changing Sections 214, 217, 220, 222, 222.5, and
25302 as follows:
 

 

 

HB3655- 2376 -LRB102 16922 WGH 22334 b

1    (750 ILCS 60/214)  (from Ch. 40, par. 2312-14)
2    Sec. 214. Order of protection; remedies.
3    (a) Issuance of order. If the court finds that petitioner
4has been abused by a family or household member or that
5petitioner is a high-risk adult who has been abused,
6neglected, or exploited, as defined in this Act, an order of
7protection prohibiting the abuse, neglect, or exploitation
8shall issue; provided that petitioner must also satisfy the
9requirements of one of the following Sections, as appropriate:
10Section 217 on emergency orders, Section 218 on interim
11orders, or Section 219 on plenary orders. Petitioner shall not
12be denied an order of protection because petitioner or
13respondent is a minor. The court, when determining whether or
14not to issue an order of protection, shall not require
15physical manifestations of abuse on the person of the victim.
16Modification and extension of prior orders of protection shall
17be in accordance with this Act.
18    (b) Remedies and standards. The remedies to be included in
19an order of protection shall be determined in accordance with
20this Section and one of the following Sections, as
21appropriate: Section 217 on emergency orders, Section 218 on
22interim orders, and Section 219 on plenary orders. The
23remedies listed in this subsection shall be in addition to
24other civil or criminal remedies available to petitioner.
25        (1) Prohibition of abuse, neglect, or exploitation.

 

 

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1    Prohibit respondent's harassment, interference with
2    personal liberty, intimidation of a dependent, physical
3    abuse, or willful deprivation, neglect or exploitation, as
4    defined in this Act, or stalking of the petitioner, as
5    defined in Section 12-7.3 of the Criminal Code of 2012, if
6    such abuse, neglect, exploitation, or stalking has
7    occurred or otherwise appears likely to occur if not
8    prohibited.
9        (2) Grant of exclusive possession of residence.
10    Prohibit respondent from entering or remaining in any
11    residence, household, or premises of the petitioner,
12    including one owned or leased by respondent, if petitioner
13    has a right to occupancy thereof. The grant of exclusive
14    possession of the residence, household, or premises shall
15    not affect title to real property, nor shall the court be
16    limited by the standard set forth in subsection (c-2) of
17    Section 501 of the Illinois Marriage and Dissolution of
18    Marriage Act.
19            (A) Right to occupancy. A party has a right to
20        occupancy of a residence or household if it is solely
21        or jointly owned or leased by that party, that party's
22        spouse, a person with a legal duty to support that
23        party or a minor child in that party's care, or by any
24        person or entity other than the opposing party that
25        authorizes that party's occupancy (e.g., a domestic
26        violence shelter). Standards set forth in subparagraph

 

 

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1        (B) shall not preclude equitable relief.
2            (B) Presumption of hardships. If petitioner and
3        respondent each has the right to occupancy of a
4        residence or household, the court shall balance (i)
5        the hardships to respondent and any minor child or
6        dependent adult in respondent's care resulting from
7        entry of this remedy with (ii) the hardships to
8        petitioner and any minor child or dependent adult in
9        petitioner's care resulting from continued exposure to
10        the risk of abuse (should petitioner remain at the
11        residence or household) or from loss of possession of
12        the residence or household (should petitioner leave to
13        avoid the risk of abuse). When determining the balance
14        of hardships, the court shall also take into account
15        the accessibility of the residence or household.
16        Hardships need not be balanced if respondent does not
17        have a right to occupancy.
18            The balance of hardships is presumed to favor
19        possession by petitioner unless the presumption is
20        rebutted by a preponderance of the evidence, showing
21        that the hardships to respondent substantially
22        outweigh the hardships to petitioner and any minor
23        child or dependent adult in petitioner's care. The
24        court, on the request of petitioner or on its own
25        motion, may order respondent to provide suitable,
26        accessible, alternate housing for petitioner instead

 

 

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1        of excluding respondent from a mutual residence or
2        household.
3        (3) Stay away order and additional prohibitions. Order
4    respondent to stay away from petitioner or any other
5    person protected by the order of protection, or prohibit
6    respondent from entering or remaining present at
7    petitioner's school, place of employment, or other
8    specified places at times when petitioner is present, or
9    both, if reasonable, given the balance of hardships.
10    Hardships need not be balanced for the court to enter a
11    stay away order or prohibit entry if respondent has no
12    right to enter the premises.
13            (A) If an order of protection grants petitioner
14        exclusive possession of the residence, or prohibits
15        respondent from entering the residence, or orders
16        respondent to stay away from petitioner or other
17        protected persons, then the court may allow respondent
18        access to the residence to remove items of clothing
19        and personal adornment used exclusively by respondent,
20        medications, and other items as the court directs. The
21        right to access shall be exercised on only one
22        occasion as the court directs and in the presence of an
23        agreed-upon adult third party or law enforcement
24        officer.
25            (B) When the petitioner and the respondent attend
26        the same public, private, or non-public elementary,

 

 

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1        middle, or high school, the court when issuing an
2        order of protection and providing relief shall
3        consider the severity of the act, any continuing
4        physical danger or emotional distress to the
5        petitioner, the educational rights guaranteed to the
6        petitioner and respondent under federal and State law,
7        the availability of a transfer of the respondent to
8        another school, a change of placement or a change of
9        program of the respondent, the expense, difficulty,
10        and educational disruption that would be caused by a
11        transfer of the respondent to another school, and any
12        other relevant facts of the case. The court may order
13        that the respondent not attend the public, private, or
14        non-public elementary, middle, or high school attended
15        by the petitioner, order that the respondent accept a
16        change of placement or change of program, as
17        determined by the school district or private or
18        non-public school, or place restrictions on the
19        respondent's movements within the school attended by
20        the petitioner. The respondent bears the burden of
21        proving by a preponderance of the evidence that a
22        transfer, change of placement, or change of program of
23        the respondent is not available. The respondent also
24        bears the burden of production with respect to the
25        expense, difficulty, and educational disruption that
26        would be caused by a transfer of the respondent to

 

 

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1        another school. A transfer, change of placement, or
2        change of program is not unavailable to the respondent
3        solely on the ground that the respondent does not
4        agree with the school district's or private or
5        non-public school's transfer, change of placement, or
6        change of program or solely on the ground that the
7        respondent fails or refuses to consent or otherwise
8        does not take an action required to effectuate a
9        transfer, change of placement, or change of program.
10        When a court orders a respondent to stay away from the
11        public, private, or non-public school attended by the
12        petitioner and the respondent requests a transfer to
13        another attendance center within the respondent's
14        school district or private or non-public school, the
15        school district or private or non-public school shall
16        have sole discretion to determine the attendance
17        center to which the respondent is transferred. In the
18        event the court order results in a transfer of the
19        minor respondent to another attendance center, a
20        change in the respondent's placement, or a change of
21        the respondent's program, the parents, guardian, or
22        legal custodian of the respondent is responsible for
23        transportation and other costs associated with the
24        transfer or change.
25            (C) The court may order the parents, guardian, or
26        legal custodian of a minor respondent to take certain

 

 

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1        actions or to refrain from taking certain actions to
2        ensure that the respondent complies with the order. In
3        the event the court orders a transfer of the
4        respondent to another school, the parents, guardian,
5        or legal custodian of the respondent is responsible
6        for transportation and other costs associated with the
7        change of school by the respondent.
8        (4) Counseling. Require or recommend the respondent to
9    undergo counseling for a specified duration with a social
10    worker, psychologist, clinical psychologist,
11    psychiatrist, family service agency, alcohol or substance
12    abuse program, mental health center guidance counselor,
13    agency providing services to elders, program designed for
14    domestic violence abusers or any other guidance service
15    the court deems appropriate. The Court may order the
16    respondent in any intimate partner relationship to report
17    to an Illinois Department of Human Services protocol
18    approved partner abuse intervention program for an
19    assessment and to follow all recommended treatment.
20        (5) Physical care and possession of the minor child.
21    In order to protect the minor child from abuse, neglect,
22    or unwarranted separation from the person who has been the
23    minor child's primary caretaker, or to otherwise protect
24    the well-being of the minor child, the court may do either
25    or both of the following: (i) grant petitioner physical
26    care or possession of the minor child, or both, or (ii)

 

 

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1    order respondent to return a minor child to, or not remove
2    a minor child from, the physical care of a parent or person
3    in loco parentis.
4        If a court finds, after a hearing, that respondent has
5    committed abuse (as defined in Section 103) of a minor
6    child, there shall be a rebuttable presumption that
7    awarding physical care to respondent would not be in the
8    minor child's best interest.
9        (6) Temporary allocation of parental responsibilities:
10    significant decision-making. Award temporary
11    decision-making responsibility to petitioner in accordance
12    with this Section, the Illinois Marriage and Dissolution
13    of Marriage Act, the Illinois Parentage Act of 2015, and
14    this State's Uniform Child-Custody Jurisdiction and
15    Enforcement Act.
16        If a court finds, after a hearing, that respondent has
17    committed abuse (as defined in Section 103) of a minor
18    child, there shall be a rebuttable presumption that
19    awarding temporary significant decision-making
20    responsibility to respondent would not be in the child's
21    best interest.
22        (7) Parenting time. Determine the parenting time, if
23    any, of respondent in any case in which the court awards
24    physical care or allocates temporary significant
25    decision-making responsibility of a minor child to
26    petitioner. The court shall restrict or deny respondent's

 

 

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1    parenting time with a minor child if the court finds that
2    respondent has done or is likely to do any of the
3    following: (i) abuse or endanger the minor child during
4    parenting time; (ii) use the parenting time as an
5    opportunity to abuse or harass petitioner or petitioner's
6    family or household members; (iii) improperly conceal or
7    detain the minor child; or (iv) otherwise act in a manner
8    that is not in the best interests of the minor child. The
9    court shall not be limited by the standards set forth in
10    Section 603.10 of the Illinois Marriage and Dissolution of
11    Marriage Act. If the court grants parenting time, the
12    order shall specify dates and times for the parenting time
13    to take place or other specific parameters or conditions
14    that are appropriate. No order for parenting time shall
15    refer merely to the term "reasonable parenting time".
16        Petitioner may deny respondent access to the minor
17    child if, when respondent arrives for parenting time,
18    respondent is under the influence of drugs or alcohol and
19    constitutes a threat to the safety and well-being of
20    petitioner or petitioner's minor children or is behaving
21    in a violent or abusive manner.
22        If necessary to protect any member of petitioner's
23    family or household from future abuse, respondent shall be
24    prohibited from coming to petitioner's residence to meet
25    the minor child for parenting time, and the parties shall
26    submit to the court their recommendations for reasonable

 

 

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1    alternative arrangements for parenting time. A person may
2    be approved to supervise parenting time only after filing
3    an affidavit accepting that responsibility and
4    acknowledging accountability to the court.
5        (8) Removal or concealment of minor child. Prohibit
6    respondent from removing a minor child from the State or
7    concealing the child within the State.
8        (9) Order to appear. Order the respondent to appear in
9    court, alone or with a minor child, to prevent abuse,
10    neglect, removal or concealment of the child, to return
11    the child to the custody or care of the petitioner or to
12    permit any court-ordered interview or examination of the
13    child or the respondent.
14        (10) Possession of personal property. Grant petitioner
15    exclusive possession of personal property and, if
16    respondent has possession or control, direct respondent to
17    promptly make it available to petitioner, if:
18            (i) petitioner, but not respondent, owns the
19        property; or
20            (ii) the parties own the property jointly; sharing
21        it would risk abuse of petitioner by respondent or is
22        impracticable; and the balance of hardships favors
23        temporary possession by petitioner.
24        If petitioner's sole claim to ownership of the
25    property is that it is marital property, the court may
26    award petitioner temporary possession thereof under the

 

 

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1    standards of subparagraph (ii) of this paragraph only if a
2    proper proceeding has been filed under the Illinois
3    Marriage and Dissolution of Marriage Act, as now or
4    hereafter amended.
5        No order under this provision shall affect title to
6    property.
7        (11) Protection of property. Forbid the respondent
8    from taking, transferring, encumbering, concealing,
9    damaging or otherwise disposing of any real or personal
10    property, except as explicitly authorized by the court,
11    if:
12            (i) petitioner, but not respondent, owns the
13        property; or
14            (ii) the parties own the property jointly, and the
15        balance of hardships favors granting this remedy.
16        If petitioner's sole claim to ownership of the
17    property is that it is marital property, the court may
18    grant petitioner relief under subparagraph (ii) of this
19    paragraph only if a proper proceeding has been filed under
20    the Illinois Marriage and Dissolution of Marriage Act, as
21    now or hereafter amended.
22        The court may further prohibit respondent from
23    improperly using the financial or other resources of an
24    aged member of the family or household for the profit or
25    advantage of respondent or of any other person.
26        (11.5) Protection of animals. Grant the petitioner the

 

 

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1    exclusive care, custody, or control of any animal owned,
2    possessed, leased, kept, or held by either the petitioner
3    or the respondent or a minor child residing in the
4    residence or household of either the petitioner or the
5    respondent and order the respondent to stay away from the
6    animal and forbid the respondent from taking,
7    transferring, encumbering, concealing, harming, or
8    otherwise disposing of the animal.
9        (12) Order for payment of support. Order respondent to
10    pay temporary support for the petitioner or any child in
11    the petitioner's care or over whom the petitioner has been
12    allocated parental responsibility, when the respondent has
13    a legal obligation to support that person, in accordance
14    with the Illinois Marriage and Dissolution of Marriage
15    Act, which shall govern, among other matters, the amount
16    of support, payment through the clerk and withholding of
17    income to secure payment. An order for child support may
18    be granted to a petitioner with lawful physical care of a
19    child, or an order or agreement for physical care of a
20    child, prior to entry of an order allocating significant
21    decision-making responsibility. Such a support order shall
22    expire upon entry of a valid order allocating parental
23    responsibility differently and vacating the petitioner's
24    significant decision-making authority, unless otherwise
25    provided in the order.
26        (13) Order for payment of losses. Order respondent to

 

 

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1    pay petitioner for losses suffered as a direct result of
2    the abuse, neglect, or exploitation. Such losses shall
3    include, but not be limited to, medical expenses, lost
4    earnings or other support, repair or replacement of
5    property damaged or taken, reasonable attorney's fees,
6    court costs and moving or other travel expenses, including
7    additional reasonable expenses for temporary shelter and
8    restaurant meals.
9            (i) Losses affecting family needs. If a party is
10        entitled to seek maintenance, child support or
11        property distribution from the other party under the
12        Illinois Marriage and Dissolution of Marriage Act, as
13        now or hereafter amended, the court may order
14        respondent to reimburse petitioner's actual losses, to
15        the extent that such reimbursement would be
16        "appropriate temporary relief", as authorized by
17        subsection (a)(3) of Section 501 of that Act.
18            (ii) Recovery of expenses. In the case of an
19        improper concealment or removal of a minor child, the
20        court may order respondent to pay the reasonable
21        expenses incurred or to be incurred in the search for
22        and recovery of the minor child, including but not
23        limited to legal fees, court costs, private
24        investigator fees, and travel costs.
25        (14) Prohibition of entry. Prohibit the respondent
26    from entering or remaining in the residence or household

 

 

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1    while the respondent is under the influence of alcohol or
2    drugs and constitutes a threat to the safety and
3    well-being of the petitioner or the petitioner's children.
4        (14.5) Prohibition of firearm possession.
5            (a) Prohibit a respondent against whom an order of
6        protection was issued from possessing any firearms
7        during the duration of the order if the order:
8                (1) was issued after a hearing of which such
9            person received actual notice, and at which such
10            person had an opportunity to participate;
11                (2) restrains such person from harassing,
12            stalking, or threatening an intimate partner of
13            such person or child of such intimate partner or
14            person, or engaging in other conduct that would
15            place an intimate partner in reasonable fear of
16            bodily injury to the partner or child; and
17                (3)(i) includes a finding that such person
18            represents a credible threat to the physical
19            safety of such intimate partner or child; or (ii)
20            by its terms explicitly prohibits the use,
21            attempted use, or threatened use of physical force
22            against such intimate partner or child that would
23            reasonably be expected to cause bodily injury.
24        Any Firearm Owner's Identification Card in the
25        possession of the respondent, except as provided in
26        subsection (b), shall be ordered by the court to be

 

 

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1        turned over to the local law enforcement agency. The
2        local law enforcement agency shall immediately mail
3        the card to the Illinois Department of State Police
4        Firearm Owner's Identification Card Office for
5        safekeeping. The court shall issue a warrant for
6        seizure of any firearm in the possession of the
7        respondent, to be kept by the local law enforcement
8        agency for safekeeping, except as provided in
9        subsection (b). The period of safekeeping shall be for
10        the duration of the order of protection. The firearm
11        or firearms and Firearm Owner's Identification Card,
12        if unexpired, shall at the respondent's request, be
13        returned to the respondent at the end of the order of
14        protection. It is the respondent's responsibility to
15        notify the Illinois Department of State Police Firearm
16        Owner's Identification Card Office.
17            (b) If the respondent is a peace officer as
18        defined in Section 2-13 of the Criminal Code of 2012,
19        the court shall order that any firearms used by the
20        respondent in the performance of his or her duties as a
21        peace officer be surrendered to the chief law
22        enforcement executive of the agency in which the
23        respondent is employed, who shall retain the firearms
24        for safekeeping for the duration of the order of
25        protection.
26            (c) Upon expiration of the period of safekeeping,

 

 

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1        if the firearms or Firearm Owner's Identification Card
2        cannot be returned to respondent because respondent
3        cannot be located, fails to respond to requests to
4        retrieve the firearms, or is not lawfully eligible to
5        possess a firearm, upon petition from the local law
6        enforcement agency, the court may order the local law
7        enforcement agency to destroy the firearms, use the
8        firearms for training purposes, or for any other
9        application as deemed appropriate by the local law
10        enforcement agency; or that the firearms be turned
11        over to a third party who is lawfully eligible to
12        possess firearms, and who does not reside with
13        respondent.
14        (15) Prohibition of access to records. If an order of
15    protection prohibits respondent from having contact with
16    the minor child, or if petitioner's address is omitted
17    under subsection (b) of Section 203, or if necessary to
18    prevent abuse or wrongful removal or concealment of a
19    minor child, the order shall deny respondent access to,
20    and prohibit respondent from inspecting, obtaining, or
21    attempting to inspect or obtain, school or any other
22    records of the minor child who is in the care of
23    petitioner.
24        (16) Order for payment of shelter services. Order
25    respondent to reimburse a shelter providing temporary
26    housing and counseling services to the petitioner for the

 

 

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1    cost of the services, as certified by the shelter and
2    deemed reasonable by the court.
3        (17) Order for injunctive relief. Enter injunctive
4    relief necessary or appropriate to prevent further abuse
5    of a family or household member or further abuse, neglect,
6    or exploitation of a high-risk adult with disabilities or
7    to effectuate one of the granted remedies, if supported by
8    the balance of hardships. If the harm to be prevented by
9    the injunction is abuse or any other harm that one of the
10    remedies listed in paragraphs (1) through (16) of this
11    subsection is designed to prevent, no further evidence is
12    necessary that the harm is an irreparable injury.
13        (18) Telephone services.
14            (A) Unless a condition described in subparagraph
15        (B) of this paragraph exists, the court may, upon
16        request by the petitioner, order a wireless telephone
17        service provider to transfer to the petitioner the
18        right to continue to use a telephone number or numbers
19        indicated by the petitioner and the financial
20        responsibility associated with the number or numbers,
21        as set forth in subparagraph (C) of this paragraph.
22        For purposes of this paragraph (18), the term
23        "wireless telephone service provider" means a provider
24        of commercial mobile service as defined in 47 U.S.C.
25        332. The petitioner may request the transfer of each
26        telephone number that the petitioner, or a minor child

 

 

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1        in his or her custody, uses. The clerk of the court
2        shall serve the order on the wireless telephone
3        service provider's agent for service of process
4        provided to the Illinois Commerce Commission. The
5        order shall contain all of the following:
6                (i) The name and billing telephone number of
7            the account holder including the name of the
8            wireless telephone service provider that serves
9            the account.
10                (ii) Each telephone number that will be
11            transferred.
12                (iii) A statement that the provider transfers
13            to the petitioner all financial responsibility for
14            and right to the use of any telephone number
15            transferred under this paragraph.
16            (B) A wireless telephone service provider shall
17        terminate the respondent's use of, and shall transfer
18        to the petitioner use of, the telephone number or
19        numbers indicated in subparagraph (A) of this
20        paragraph unless it notifies the petitioner, within 72
21        hours after it receives the order, that one of the
22        following applies:
23                (i) The account holder named in the order has
24            terminated the account.
25                (ii) A difference in network technology would
26            prevent or impair the functionality of a device on

 

 

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1            a network if the transfer occurs.
2                (iii) The transfer would cause a geographic or
3            other limitation on network or service provision
4            to the petitioner.
5                (iv) Another technological or operational
6            issue would prevent or impair the use of the
7            telephone number if the transfer occurs.
8            (C) The petitioner assumes all financial
9        responsibility for and right to the use of any
10        telephone number transferred under this paragraph. In
11        this paragraph, "financial responsibility" includes
12        monthly service costs and costs associated with any
13        mobile device associated with the number.
14            (D) A wireless telephone service provider may
15        apply to the petitioner its routine and customary
16        requirements for establishing an account or
17        transferring a number, including requiring the
18        petitioner to provide proof of identification,
19        financial information, and customer preferences.
20            (E) Except for willful or wanton misconduct, a
21        wireless telephone service provider is immune from
22        civil liability for its actions taken in compliance
23        with a court order issued under this paragraph.
24            (F) All wireless service providers that provide
25        services to residential customers shall provide to the
26        Illinois Commerce Commission the name and address of

 

 

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1        an agent for service of orders entered under this
2        paragraph (18). Any change in status of the registered
3        agent must be reported to the Illinois Commerce
4        Commission within 30 days of such change.
5            (G) The Illinois Commerce Commission shall
6        maintain the list of registered agents for service for
7        each wireless telephone service provider on the
8        Commission's website. The Commission may consult with
9        wireless telephone service providers and the Circuit
10        Court Clerks on the manner in which this information
11        is provided and displayed.
12    (c) Relevant factors; findings.
13        (1) In determining whether to grant a specific remedy,
14    other than payment of support, the court shall consider
15    relevant factors, including but not limited to the
16    following:
17            (i) the nature, frequency, severity, pattern and
18        consequences of the respondent's past abuse, neglect
19        or exploitation of the petitioner or any family or
20        household member, including the concealment of his or
21        her location in order to evade service of process or
22        notice, and the likelihood of danger of future abuse,
23        neglect, or exploitation to petitioner or any member
24        of petitioner's or respondent's family or household;
25        and
26            (ii) the danger that any minor child will be

 

 

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1        abused or neglected or improperly relocated from the
2        jurisdiction, improperly concealed within the State or
3        improperly separated from the child's primary
4        caretaker.
5        (2) In comparing relative hardships resulting to the
6    parties from loss of possession of the family home, the
7    court shall consider relevant factors, including but not
8    limited to the following:
9            (i) availability, accessibility, cost, safety,
10        adequacy, location and other characteristics of
11        alternate housing for each party and any minor child
12        or dependent adult in the party's care;
13            (ii) the effect on the party's employment; and
14            (iii) the effect on the relationship of the party,
15        and any minor child or dependent adult in the party's
16        care, to family, school, church and community.
17        (3) Subject to the exceptions set forth in paragraph
18    (4) of this subsection, the court shall make its findings
19    in an official record or in writing, and shall at a minimum
20    set forth the following:
21            (i) That the court has considered the applicable
22        relevant factors described in paragraphs (1) and (2)
23        of this subsection.
24            (ii) Whether the conduct or actions of respondent,
25        unless prohibited, will likely cause irreparable harm
26        or continued abuse.

 

 

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1            (iii) Whether it is necessary to grant the
2        requested relief in order to protect petitioner or
3        other alleged abused persons.
4        (4) For purposes of issuing an ex parte emergency
5    order of protection, the court, as an alternative to or as
6    a supplement to making the findings described in
7    paragraphs (c)(3)(i) through (c)(3)(iii) of this
8    subsection, may use the following procedure:
9        When a verified petition for an emergency order of
10    protection in accordance with the requirements of Sections
11    203 and 217 is presented to the court, the court shall
12    examine petitioner on oath or affirmation. An emergency
13    order of protection shall be issued by the court if it
14    appears from the contents of the petition and the
15    examination of petitioner that the averments are
16    sufficient to indicate abuse by respondent and to support
17    the granting of relief under the issuance of the emergency
18    order of protection.
19        (5) Never married parties. No rights or
20    responsibilities for a minor child born outside of
21    marriage attach to a putative father until a father and
22    child relationship has been established under the Illinois
23    Parentage Act of 1984, the Illinois Parentage Act of 2015,
24    the Illinois Public Aid Code, Section 12 of the Vital
25    Records Act, the Juvenile Court Act of 1987, the Probate
26    Act of 1975, the Revised Uniform Reciprocal Enforcement of

 

 

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1    Support Act, the Uniform Interstate Family Support Act,
2    the Expedited Child Support Act of 1990, any judicial,
3    administrative, or other act of another state or
4    territory, any other Illinois statute, or by any foreign
5    nation establishing the father and child relationship, any
6    other proceeding substantially in conformity with the
7    Personal Responsibility and Work Opportunity
8    Reconciliation Act of 1996 (Pub. L. 104-193), or where
9    both parties appeared in open court or at an
10    administrative hearing acknowledging under oath or
11    admitting by affirmation the existence of a father and
12    child relationship. Absent such an adjudication, finding,
13    or acknowledgment, no putative father shall be granted
14    temporary allocation of parental responsibilities,
15    including parenting time with the minor child, or physical
16    care and possession of the minor child, nor shall an order
17    of payment for support of the minor child be entered.
18    (d) Balance of hardships; findings. If the court finds
19that the balance of hardships does not support the granting of
20a remedy governed by paragraph (2), (3), (10), (11), or (16) of
21subsection (b) of this Section, which may require such
22balancing, the court's findings shall so indicate and shall
23include a finding as to whether granting the remedy will
24result in hardship to respondent that would substantially
25outweigh the hardship to petitioner from denial of the remedy.
26The findings shall be an official record or in writing.

 

 

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1    (e) Denial of remedies. Denial of any remedy shall not be
2based, in whole or in part, on evidence that:
3        (1) Respondent has cause for any use of force, unless
4    that cause satisfies the standards for justifiable use of
5    force provided by Article 7 of the Criminal Code of 2012;
6        (2) Respondent was voluntarily intoxicated;
7        (3) Petitioner acted in self-defense or defense of
8    another, provided that, if petitioner utilized force, such
9    force was justifiable under Article 7 of the Criminal Code
10    of 2012;
11        (4) Petitioner did not act in self-defense or defense
12    of another;
13        (5) Petitioner left the residence or household to
14    avoid further abuse, neglect, or exploitation by
15    respondent;
16        (6) Petitioner did not leave the residence or
17    household to avoid further abuse, neglect, or exploitation
18    by respondent;
19        (7) Conduct by any family or household member excused
20    the abuse, neglect, or exploitation by respondent, unless
21    that same conduct would have excused such abuse, neglect,
22    or exploitation if the parties had not been family or
23    household members.
24(Source: P.A. 99-85, eff. 1-1-16; 99-90, eff. 1-1-16; 99-642,
25eff. 7-28-16; 100-388, eff. 1-1-18; 100-863, eff. 8-14-18;
26100-923, eff. 1-1-19.)
 

 

 

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1    (750 ILCS 60/217)  (from Ch. 40, par. 2312-17)
2    Sec. 217. Emergency order of protection.
3    (a) Prerequisites. An emergency order of protection shall
4issue if petitioner satisfies the requirements of this
5subsection for one or more of the requested remedies. For each
6remedy requested, petitioner shall establish that:
7        (1) The court has jurisdiction under Section 208;
8        (2) The requirements of Section 214 are satisfied; and
9        (3) There is good cause to grant the remedy,
10    regardless of prior service of process or of notice upon
11    the respondent, because:
12            (i) For the remedies of "prohibition of abuse"
13        described in Section 214(b)(1), "stay away order and
14        additional prohibitions" described in Section
15        214(b)(3), "removal or concealment of minor child"
16        described in Section 214(b)(8), "order to appear"
17        described in Section 214(b)(9), "physical care and
18        possession of the minor child" described in Section
19        214(b)(5), "protection of property" described in
20        Section 214(b)(11), "prohibition of entry" described
21        in Section 214(b)(14), "prohibition of firearm
22        possession" described in Section 214(b)(14.5),
23        "prohibition of access to records" described in
24        Section 214(b)(15), and "injunctive relief" described
25        in Section 214(b)(16), the harm which that remedy is

 

 

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1        intended to prevent would be likely to occur if the
2        respondent were given any prior notice, or greater
3        notice than was actually given, of the petitioner's
4        efforts to obtain judicial relief;
5            (ii) For the remedy of "grant of exclusive
6        possession of residence" described in Section
7        214(b)(2), the immediate danger of further abuse of
8        petitioner by respondent, if petitioner chooses or had
9        chosen to remain in the residence or household while
10        respondent was given any prior notice or greater
11        notice than was actually given of petitioner's efforts
12        to obtain judicial relief, outweighs the hardships to
13        respondent of an emergency order granting petitioner
14        exclusive possession of the residence or household.
15        This remedy shall not be denied because petitioner has
16        or could obtain temporary shelter elsewhere while
17        prior notice is given to respondent, unless the
18        hardships to respondent from exclusion from the home
19        substantially outweigh those to petitioner;
20            (iii) For the remedy of "possession of personal
21        property" described in Section 214(b)(10), improper
22        disposition of the personal property would be likely
23        to occur if respondent were given any prior notice, or
24        greater notice than was actually given, of
25        petitioner's efforts to obtain judicial relief, or
26        petitioner has an immediate and pressing need for

 

 

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1        possession of that property.
2    An emergency order may not include the counseling, legal
3custody, payment of support or monetary compensation remedies.
4    (a-5) When a petition for an emergency order of protection
5is granted, the order shall not be publicly available until
6the order is served on the respondent.
7    (b) Appearance by respondent. If respondent appears in
8court for this hearing for an emergency order, he or she may
9elect to file a general appearance and testify. Any resulting
10order may be an emergency order, governed by this Section.
11Notwithstanding the requirements of this Section, if all
12requirements of Section 218 have been met, the court may issue
13a 30-day interim order.
14    (c) Emergency orders: court holidays and evenings.
15        (1) Prerequisites. When the court is unavailable at
16    the close of business, the petitioner may file a petition
17    for a 21-day emergency order before any available circuit
18    judge or associate judge who may grant relief under this
19    Act. If the judge finds that there is an immediate and
20    present danger of abuse to petitioner and that petitioner
21    has satisfied the prerequisites set forth in subsection
22    (a) of Section 217, that judge may issue an emergency
23    order of protection.
24        (1.5) Issuance of order. The chief judge of the
25    circuit court may designate for each county in the circuit
26    at least one judge to be reasonably available to issue

 

 

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1    orally, by telephone, by facsimile, or otherwise, an
2    emergency order of protection at all times, whether or not
3    the court is in session.
4        (2) Certification and transfer. The judge who issued
5    the order under this Section shall promptly communicate or
6    convey the order to the sheriff to facilitate the entry of
7    the order into the Law Enforcement Agencies Data System by
8    the Illinois Department of State Police pursuant to
9    Section 302. Any order issued under this Section and any
10    documentation in support thereof shall be certified on the
11    next court day to the appropriate court. The clerk of that
12    court shall immediately assign a case number, file the
13    petition, order and other documents with the court, and
14    enter the order of record and file it with the sheriff for
15    service, in accordance with Section 222. Filing the
16    petition shall commence proceedings for further relief
17    under Section 202. Failure to comply with the requirements
18    of this subsection shall not affect the validity of the
19    order.
20(Source: P.A. 101-255, eff. 1-1-20.)
 
21    (750 ILCS 60/220)  (from Ch. 40, par. 2312-20)
22    Sec. 220. Duration and extension of orders.
23    (a) Duration of emergency and interim orders. Unless
24re-opened or extended or voided by entry of an order of greater
25duration:

 

 

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1        (1) Emergency orders issued under Section 217 shall be
2    effective for not less than 14 nor more than 21 days;
3        (2) Interim orders shall be effective for up to 30
4    days.
5    (b) Duration of plenary orders.
6        (0.05) A plenary order of protection entered under
7    this Act shall be valid for a fixed period of time, not to
8    exceed two years.
9        (1) A plenary order of protection entered in
10    conjunction with another civil proceeding shall remain in
11    effect as follows:
12            (i) if entered as preliminary relief in that other
13        proceeding, until entry of final judgment in that
14        other proceeding;
15            (ii) if incorporated into the final judgment in
16        that other proceeding, until the order of protection
17        is vacated or modified; or
18            (iii) if incorporated in an order for involuntary
19        commitment, until termination of both the involuntary
20        commitment and any voluntary commitment, or for a
21        fixed period of time not exceeding 2 years.
22        (2) Duration of an order of protection entered in
23    conjunction with a criminal prosecution or delinquency
24    petition shall remain in effect as provided in Section
25    112A-20 of the Code of Criminal Procedure of 1963.
26    (c) Computation of time. The duration of an order of

 

 

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1protection shall not be reduced by the duration of any prior
2order of protection.
3    (d) Law enforcement records. When a plenary order of
4protection expires upon the occurrence of a specified event,
5rather than upon a specified date as provided in subsection
6(b), no expiration date shall be entered in Illinois
7Department of State Police records. To remove the plenary
8order from those records, either party shall request the clerk
9of the court to file a certified copy of an order stating that
10the specified event has occurred or that the plenary order has
11been vacated or modified with the Sheriff, and the Sheriff
12shall direct that law enforcement records shall be promptly
13corrected in accordance with the filed order.
14    (e) Extension of orders. Any emergency, interim or plenary
15order may be extended one or more times, as required, provided
16that the requirements of Section 217, 218 or 219, as
17appropriate, are satisfied. If the motion for extension is
18uncontested and petitioner seeks no modification of the order,
19the order may be extended on the basis of petitioner's motion
20or affidavit stating that there has been no material change in
21relevant circumstances since entry of the order and stating
22the reason for the requested extension. An extension of a
23plenary order of protection may be granted, upon good cause
24shown, to remain in effect until the order of protection is
25vacated or modified. Extensions may be granted only in open
26court and not under the provisions of subsection (c) of

 

 

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1Section 217, which applies only when the court is unavailable
2at the close of business or on a court holiday.
3    (f) Termination date. Any order of protection which would
4expire on a court holiday shall instead expire at the close of
5the next court business day.
6    (g) Statement of purpose. The practice of dismissing or
7suspending a criminal prosecution in exchange for the issuance
8of an order of protection undermines the purposes of this Act.
9This Section shall not be construed as encouraging that
10practice.
11(Source: P.A. 100-199, eff. 1-1-18.)
 
12    (750 ILCS 60/222)  (from Ch. 40, par. 2312-22)
13    Sec. 222. Notice of orders.
14    (a) Entry and issuance. Upon issuance of any order of
15protection, the clerk shall immediately (i) enter the order on
16the record and file it in accordance with the circuit court
17procedures and (ii) provide a file stamped copy of the order to
18respondent, if present, and to petitioner.
19    (b) Filing with sheriff. The clerk of the issuing judge
20shall, or the petitioner may, on the same day that an order of
21protection is issued, file a certified copy of that order with
22the sheriff or other law enforcement officials charged with
23maintaining Illinois Department of State Police records or
24charged with serving the order upon respondent. If the
25respondent, at the time of the issuance of the order, is

 

 

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1committed to the custody of the Illinois Department of
2Corrections or Illinois Department of Juvenile Justice or is
3on parole, aftercare release, or mandatory supervised release,
4the sheriff or other law enforcement officials charged with
5maintaining Illinois Department of State Police records shall
6notify the Department of Corrections or Department of Juvenile
7Justice within 48 hours of receipt of a copy of the order of
8protection from the clerk of the issuing judge or the
9petitioner. Such notice shall include the name of the
10respondent, the respondent's IDOC inmate number or IDJJ youth
11identification number, the respondent's date of birth, and the
12LEADS Record Index Number.
13    (c) Service by sheriff. Unless respondent was present in
14court when the order was issued, the sheriff, other law
15enforcement official or special process server shall promptly
16serve that order upon respondent and file proof of such
17service, in the manner provided for service of process in
18civil proceedings. Instead of serving the order upon the
19respondent, however, the sheriff, other law enforcement
20official, special process server, or other persons defined in
21Section 222.10 may serve the respondent with a short form
22notification as provided in Section 222.10. If process has not
23yet been served upon the respondent, it shall be served with
24the order or short form notification if such service is made by
25the sheriff, other law enforcement official, or special
26process server. A single fee may be charged for service of an

 

 

HB3655- 2408 -LRB102 16922 WGH 22334 b

1order obtained in civil court, or for service of such an order
2together with process, unless waived or deferred under Section
3210.
4    (c-5) If the person against whom the order of protection
5is issued is arrested and the written order is issued in
6accordance with subsection (c) of Section 217 and received by
7the custodial law enforcement agency before the respondent or
8arrestee is released from custody, the custodial law
9enforcement agent shall promptly serve the order upon the
10respondent or arrestee before the respondent or arrestee is
11released from custody. In no event shall detention of the
12respondent or arrestee be extended for hearing on the petition
13for order of protection or receipt of the order issued under
14Section 217 of this Act.
15    (d) Extensions, modifications and revocations. Any order
16extending, modifying or revoking any order of protection shall
17be promptly recorded, issued and served as provided in this
18Section.
19    (e) Notice to schools. Upon the request of the petitioner,
20within 24 hours of the issuance of an order of protection, the
21clerk of the issuing judge shall send a certified copy of the
22order of protection to the day-care facility, pre-school or
23pre-kindergarten, or private school or the principal office of
24the public school district or any college or university in
25which any child who is a protected person under the order of
26protection or any child of the petitioner is enrolled as

 

 

HB3655- 2409 -LRB102 16922 WGH 22334 b

1requested by the petitioner at the mailing address provided by
2the petitioner. If the child transfers enrollment to another
3day-care facility, pre-school, pre-kindergarten, private
4school, public school, college, or university, the petitioner
5may, within 24 hours of the transfer, send to the clerk written
6notice of the transfer, including the name and address of the
7institution to which the child is transferring. Within 24
8hours of receipt of notice from the petitioner that a child is
9transferring to another day-care facility, pre-school,
10pre-kindergarten, private school, public school, college, or
11university, the clerk shall send a certified copy of the order
12to the institution to which the child is transferring.
13    (f) Disclosure by schools. After receiving a certified
14copy of an order of protection that prohibits a respondent's
15access to records, neither a day-care facility, pre-school,
16pre-kindergarten, public or private school, college, or
17university nor its employees shall allow a respondent access
18to a protected child's records or release information in those
19records to the respondent. The school shall file the copy of
20the order of protection in the records of a child who is a
21protected person under the order of protection. When a child
22who is a protected person under the order of protection
23transfers to another day-care facility, pre-school,
24pre-kindergarten, public or private school, college, or
25university, the institution from which the child is
26transferring may, at the request of the petitioner, provide,

 

 

HB3655- 2410 -LRB102 16922 WGH 22334 b

1within 24 hours of the transfer, written notice of the order of
2protection, along with a certified copy of the order, to the
3institution to which the child is transferring.
4    (g) Notice to health care facilities and health care
5practitioners. Upon the request of the petitioner, the clerk
6of the circuit court shall send a certified copy of the order
7of protection to any specified health care facility or health
8care practitioner requested by the petitioner at the mailing
9address provided by the petitioner.
10    (h) Disclosure by health care facilities and health care
11practitioners. After receiving a certified copy of an order of
12protection that prohibits a respondent's access to records, no
13health care facility or health care practitioner shall allow a
14respondent access to the records of any child who is a
15protected person under the order of protection, or release
16information in those records to the respondent, unless the
17order has expired or the respondent shows a certified copy of
18the court order vacating the corresponding order of protection
19that was sent to the health care facility or practitioner.
20Nothing in this Section shall be construed to require health
21care facilities or health care practitioners to alter
22procedures related to billing and payment. The health care
23facility or health care practitioner may file the copy of the
24order of protection in the records of a child who is a
25protected person under the order of protection, or may employ
26any other method to identify the records to which a respondent

 

 

HB3655- 2411 -LRB102 16922 WGH 22334 b

1is prohibited access. No health care facility or health care
2practitioner shall be civilly or professionally liable for
3reliance on a copy of an order of protection, except for
4willful and wanton misconduct.
5(Source: P.A. 101-508, eff. 1-1-20.)
 
6    (750 ILCS 60/222.5)
7    Sec. 222.5. Filing of an order of protection issued in
8another state.
9    (a) A person entitled to protection under an order of
10protection issued by the court of another state, tribe, or
11United States territory may file a certified copy of the order
12of protection with the clerk of the court in a judicial circuit
13in which the person believes that enforcement may be
14necessary.
15    (b) The clerk shall:
16        (1) treat the foreign order of protection in the same
17    manner as a judgment of the circuit court for any county of
18    this State in accordance with the provisions of the
19    Uniform Enforcement of Foreign Judgments Act, except that
20    the clerk shall not mail notice of the filing of the
21    foreign order to the respondent named in the order; and
22        (2) on the same day that a foreign order of protection
23    is filed, file a certified copy of that order with the
24    sheriff or other law enforcement officials charged with
25    maintaining Illinois Department of State Police records as

 

 

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1    set forth in Section 222 of this Act.
2    (c) Neither residence in this State nor filing of a
3foreign order of protection shall be required for enforcement
4of the order by this State. Failure to file the foreign order
5shall not be an impediment to its treatment in all respects as
6an Illinois order of protection.
7    (d) The clerk shall not charge a fee to file a foreign
8order of protection under this Section.
9    (e) The sheriff shall inform the Illinois Department of
10State Police as set forth in Section 302 of this Act.
11(Source: P.A. 91-903, eff. 1-1-01.)
 
12    (750 ILCS 60/302)  (from Ch. 40, par. 2313-2)
13    Sec. 302. Data maintenance by law enforcement agencies.
14    (a) All sheriffs shall furnish to the Illinois Department
15of State Police, on the same day as received, in the form and
16detail the Department requires, copies of any recorded
17emergency, interim, or plenary orders of protection issued by
18the court, and any foreign orders of protection filed by the
19clerk of the court, and transmitted to the sheriff by the clerk
20of the court pursuant to subsection (b) of Section 222 of this
21Act. Each order of protection shall be entered in the Law
22Enforcement Agencies Data System on the same day it is issued
23by the court. If an emergency order of protection was issued in
24accordance with subsection (c) of Section 217, the order shall
25be entered in the Law Enforcement Agencies Data System as soon

 

 

HB3655- 2413 -LRB102 16922 WGH 22334 b

1as possible after receipt from the clerk.
2    (b) The Illinois Department of State Police shall maintain
3a complete and systematic record and index of all valid and
4recorded orders of protection issued pursuant to this Act. The
5data shall be used to inform all dispatchers and law
6enforcement officers at the scene of an alleged incident of
7abuse, neglect, or exploitation or violation of an order of
8protection of any recorded prior incident of abuse, neglect,
9or exploitation involving the abused, neglected, or exploited
10party and the effective dates and terms of any recorded order
11of protection.
12    (c) The data, records and transmittals required under this
13Section shall pertain to any valid emergency, interim or
14plenary order of protection, whether issued in a civil or
15criminal proceeding or authorized under the laws of another
16state, tribe, or United States territory.
17(Source: P.A. 95-331, eff. 8-21-07.)
 
18    Section 1140. The Probate Act of 1975 is amended by
19changing Sections 2-6.6 and 11a-24 as follows:
 
20    (755 ILCS 5/2-6.6)
21    Sec. 2-6.6. Person convicted of or found civilly liable
22for certain offenses against the elderly or a person with a
23disability.
24    (a) A person who is convicted of a violation of Section

 

 

HB3655- 2414 -LRB102 16922 WGH 22334 b

112-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of
2Section 12-4.4a, of the Criminal Code of 1961 or the Criminal
3Code of 2012 or a person who has been found by a preponderance
4of the evidence to be civilly liable for financial
5exploitation, as defined in subsection (a) of Section 2-6.2 of
6this Act, may not receive any property, benefit, or other
7interest by reason of the death of the victim of that offense,
8whether as heir, legatee, beneficiary, joint tenant, tenant by
9the entirety, survivor, appointee, or in any other capacity
10and whether the property, benefit, or other interest passes
11pursuant to any form of title registration, testamentary or
12nontestamentary instrument, intestacy, renunciation, or any
13other circumstance. Except as provided in subsection (f) of
14this Section, the property, benefit, or other interest shall
15pass as if the person convicted of a violation of Section
1612-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of
17Section 12-4.4a, of the Criminal Code of 1961 or the Criminal
18Code of 2012 or the person found by a preponderance of the
19evidence to be civilly liable for financial exploitation, as
20defined in subsection (a) of Section 2-6.2 of this Act, died
21before the decedent; provided that with respect to joint
22tenancy property or property held in tenancy by the entirety,
23the interest possessed prior to the death by the person
24convicted or found civilly liable may not be diminished by the
25application of this Section. Notwithstanding the foregoing, a
26person convicted of a violation of Section 12-19, 12-21,

 

 

HB3655- 2415 -LRB102 16922 WGH 22334 b

116-1.3, or 17-56, or subsection (a) or (b) of Section 12-4.4a,
2of the Criminal Code of 1961 or the Criminal Code of 2012 or a
3person who has been found by a preponderance of the evidence to
4be civilly liable for financial exploitation, as defined in
5subsection (a) of Section 2-6.2 of this Act, shall be entitled
6to receive property, a benefit, or an interest in any capacity
7and under any circumstances described in this Section if it is
8demonstrated by clear and convincing evidence that the victim
9of that offense knew of the conviction or finding of civil
10liability and subsequent to the conviction or finding of civil
11liability expressed or ratified his or her intent to transfer
12the property, benefit, or interest to the person convicted of
13a violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
14subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
15of 1961 or the Criminal Code of 2012 or the person found by a
16preponderance of the evidence to be civilly liable for
17financial exploitation, as defined in subsection (a) of
18Section 2-6.2 of this Act, in any manner contemplated by this
19Section.
20    (b) The holder of any property subject to the provisions
21of this Section is not liable for distributing or releasing
22the property to the person convicted of violating Section
2312-19, 12-21, 16-1.3, or 17-56, or subsection (a) or (b) of
24Section 12-4.4a, of the Criminal Code of 1961 or the Criminal
25Code of 2012 or to the person found by a preponderance of the
26evidence to be civilly liable for financial exploitation as

 

 

HB3655- 2416 -LRB102 16922 WGH 22334 b

1defined in subsection (a) of Section 2-6.2 of this Act.
2    (c) If the holder is a financial institution, trust
3company, trustee, or similar entity or person, the holder
4shall not be liable for any distribution or release of the
5property, benefit, or other interest to the person convicted
6of a violation of Section 12-19, 12-21, 16-1.3, or 17-56, or
7subsection (a) or (b) of Section 12-4.4a, of the Criminal Code
8of 1961 or the Criminal Code of 2012 or person found by a
9preponderance of the evidence to be civilly liable for
10financial exploitation, as defined in subsection (a) of
11Section 2-6.2 of this Act, unless the holder knowingly
12distributes or releases the property, benefit, or other
13interest to the person so convicted or found civilly liable
14after first having received actual written notice of the
15conviction or finding of civil liability in sufficient time to
16act upon the notice.
17    (d) The Illinois Department of State Police shall have
18access to State of Illinois databases containing information
19that may help in the identification or location of persons
20convicted of or found civilly liable for the offenses
21enumerated in this Section. Interagency agreements shall be
22implemented, consistent with security and procedures
23established by the State agency and consistent with the laws
24governing the confidentiality of the information in the
25databases. Information shall be used only for administration
26of this Section.

 

 

HB3655- 2417 -LRB102 16922 WGH 22334 b

1    (e) A civil action against a person for financial
2exploitation, as defined in subsection (a) of Section 2-6.2 of
3this Act, may be brought by an interested person, pursuant to
4this Section, after the death of the victim or during the
5lifetime of the victim if the victim is adjudicated a person
6with a disability. A guardian is under no duty to bring a civil
7action under this subsection during the ward's lifetime, but
8may do so if the guardian believes it is in the best interests
9of the ward.
10    (f) The court may, in its discretion, consider such facts
11and circumstances as it deems appropriate to allow the person
12convicted or found civilly liable for financial exploitation,
13as defined in subsection (a) of Section 2-6.2 of this Act, to
14receive a reduction in interest or benefit rather than no
15interest or benefit as stated under subsection (a) of this
16Section.
17(Source: P.A. 98-833, eff. 8-1-14; 99-143, eff. 7-27-15.)
 
18    (755 ILCS 5/11a-24)
19    Sec. 11a-24. Notification; Illinois Department of State
20Police. When a court adjudges a respondent to be a person with
21a disability under this Article, the court shall direct the
22circuit court clerk to notify the Illinois Department of State
23Police, Firearm Owner's Identification (FOID) Office, in a
24form and manner prescribed by the Illinois Department of State
25Police, and shall forward a copy of the court order to the

 

 

HB3655- 2418 -LRB102 16922 WGH 22334 b

1Department no later than 7 days after the entry of the order.
2Upon receipt of the order, the Illinois Department of State
3Police shall provide notification to the National Instant
4Criminal Background Check System.
5(Source: P.A. 98-63, eff. 7-9-13; 99-143, eff. 7-27-15.)
 
6    Section 1145. The Charitable Trust Act is amended by
7changing Section 16.5 as follows:
 
8    (760 ILCS 55/16.5)
9    Sec. 16.5. Terrorist acts.
10    (a) Any person or organization subject to registration
11under this Act, who knowingly acts to further, directly or
12indirectly, or knowingly uses charitable assets to conduct or
13further, directly or indirectly, an act or actions as set
14forth in Article 29D of the Criminal Code of 2012, is thereby
15engaged in an act or actions contrary to public policy and
16antithetical to charity, and all of the funds, assets, and
17records of the person or organization shall be subject to
18temporary and permanent injunction from use or expenditure and
19the appointment of a temporary and permanent receiver to take
20possession of all of the assets and related records.
21    (b) An ex parte action may be commenced by the Attorney
22General, and, upon a showing of probable cause of a violation
23of this Section or Article 29D of the Criminal Code of 2012, an
24immediate seizure of books and records by the Attorney General

 

 

HB3655- 2419 -LRB102 16922 WGH 22334 b

1by and through his or her assistants or investigators or the
2Illinois Department of State Police and freezing of all assets
3shall be made by order of a court to protect the public,
4protect the assets, and allow a full review of the records.
5    (c) Upon a finding by a court after a hearing that a person
6or organization has acted or is in violation of this Section,
7the person or organization shall be permanently enjoined from
8soliciting funds from the public, holding charitable funds, or
9acting as a trustee or fiduciary within Illinois. Upon a
10finding of violation all assets and funds held by the person or
11organization shall be forfeited to the People of the State of
12Illinois or otherwise ordered by the court to be accounted for
13and marshaled and then delivered to charitable causes and uses
14within the State of Illinois by court order.
15    (d) A determination under this Section may be made by any
16court separate and apart from any criminal proceedings and the
17standard of proof shall be that for civil proceedings.
18    (e) Any knowing use of charitable assets to conduct or
19further, directly or indirectly, an act or actions set forth
20in Article 29D of the Criminal Code of 2012 shall be a misuse
21of charitable assets and breach of fiduciary duty relative to
22all other Sections of this Act.
23(Source: P.A. 97-1150, eff. 1-25-13.)
 
24    Section 1150. The Revised Uniform Unclaimed Property Act
25is amended by changing Section 15-705 as follows:
 

 

 

HB3655- 2420 -LRB102 16922 WGH 22334 b

1    (765 ILCS 1026/15-705)
2    Sec. 15-705. Exceptions to the sale of tangible property.
3The administrator shall dispose of tangible property
4identified by this Section in accordance with this Section.
5    (a) Military medals or decorations. The administrator may
6not sell a medal or decoration awarded for military service in
7the armed forces of the United States. Instead, the
8administrator, with the consent of the respective organization
9under paragraph (1), agency under paragraph (2), or entity
10under paragraph (3), may deliver a medal or decoration to be
11held in custody for the owner, to:
12        (1) a military veterans organization qualified under
13    Section 501(c)(19) of the Internal Revenue Code;
14        (2) the agency that awarded the medal or decoration;
15    or
16        (3) a governmental entity.
17    After delivery, the administrator is not responsible for
18the safekeeping of the medal or decoration.
19    (b) Property with historical value. Property that the
20administrator reasonably believes may have historical value
21may be, at his or her discretion, loaned to an accredited
22museum in the United States where it will be kept until such
23time as the administrator orders it to be returned to his or
24her custody.
25    (c) Human remains. If human remains are delivered to the

 

 

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1administrator under this Act, the administrator shall deliver
2those human remains to the coroner of the county in which the
3human remains were abandoned for disposition under Section
43-3034 of the Counties Code. The only human remains that may be
5delivered to the administrator under this Act and that the
6administrator may receive are those that are reported and
7delivered as contents of a safe deposit box.
8    (d) Evidence in a criminal investigation. Property that
9may have been used in the commission of a crime or that may
10assist in the investigation of a crime, as determined after
11consulting with the Illinois Department of State Police, shall
12be delivered to the Illinois Department of State Police or
13other appropriate law enforcement authority to allow law
14enforcement to determine whether a criminal investigation
15should take place. Any such property delivered to a law
16enforcement authority shall be held in accordance with
17existing statutes and rules related to the gathering,
18retention, and release of evidence.
19    (e) Firearms.
20        (1) The administrator, in cooperation with the
21    Illinois Department of State Police, shall develop a
22    procedure to determine whether a firearm delivered to the
23    administrator under this Act has been stolen or used in
24    the commission of a crime. The Illinois Department of
25    State Police shall determine the appropriate disposition
26    of a firearm that has been stolen or used in the commission

 

 

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1    of a crime. The administrator shall attempt to return a
2    firearm that has not been stolen or used in the commission
3    of a crime to the rightful owner if the Illinois
4    Department of State Police determines that the owner may
5    lawfully possess the firearm.
6        (2) If the administrator is unable to return a firearm
7    to its owner, the administrator shall transfer custody of
8    the firearm to the Illinois Department of State Police.
9    Legal title to a firearm transferred to the Illinois
10    Department of State Police under this subsection (e) is
11    vested in the Illinois Department of State Police by
12    operation of law if:
13            (i) the administrator cannot locate the owner of
14        the firearm;
15            (ii) the owner of the firearm may not lawfully
16        possess the firearm;
17            (iii) the apparent owner does not respond to
18        notice published under Section 15-503 of this Act; or
19            (iv) the apparent owner responds to notice
20        published under Section 15-502 and states that he or
21        she no longer claims an interest in the firearm.
22        (3) With respect to a firearm whose title is
23    transferred to the Illinois Department of State Police
24    under this subsection (e), the Illinois Department of
25    State Police may:
26            (i) retain the firearm for use by the crime

 

 

HB3655- 2423 -LRB102 16922 WGH 22334 b

1        laboratory system, for training purposes, or for any
2        other application as deemed appropriate by the
3        Department;
4            (ii) transfer the firearm to the Illinois State
5        Museum if the firearm has historical value; or
6            (iii) destroy the firearm if it is not retained
7        pursuant to subparagraph (i) or transferred pursuant
8        to subparagraph (ii).
9    As used in this subsection, "firearm" has the meaning
10provided in the Firearm Owners Identification Card Act.
11(Source: P.A. 100-22, eff. 1-1-18.)
 
12    Section 1155. The Law Enforcement Disposition of Property
13Act is amended by changing Section 2 as follows:
 
14    (765 ILCS 1030/2)  (from Ch. 141, par. 142)
15    Sec. 2. (a) Such property believed to be abandoned, lost
16or stolen or otherwise illegally possessed shall be retained
17in custody by the sheriff, chief of police or other principal
18official of the law enforcement agency, which shall make
19reasonable inquiry and efforts to identify and notify the
20owner or other person entitled to possession thereof, and
21shall return the property after such person provides
22reasonable and satisfactory proof of his ownership or right to
23possession and reimburses the agency for all reasonable
24expenses of such custody.

 

 

HB3655- 2424 -LRB102 16922 WGH 22334 b

1    (b) Weapons that have been confiscated as a result of
2having been abandoned or illegally possessed may be
3transferred to the Illinois Department of State Police for use
4by the crime laboratory system, for training purposes, or for
5any other application as deemed appropriate by the Department,
6if no legitimate claim is made for the confiscated weapon
7within 6 months of the date of confiscation, or within 6 months
8of final court disposition if such confiscated weapon was used
9for evidentiary purposes.
10(Source: P.A. 85-632.)
 
11    Section 1160. The Illinois Human Rights Act is amended by
12changing Section 2-103 as follows:
 
13    (775 ILCS 5/2-103)  (from Ch. 68, par. 2-103)
14    Sec. 2-103. Arrest record.
15    (A) Unless otherwise authorized by law, it is a civil
16rights violation for any employer, employment agency or labor
17organization to inquire into or to use an arrest record, as
18defined under subsection (B-5) of Section 1-103, as a basis to
19refuse to hire, to segregate, or to act with respect to
20recruitment, hiring, promotion, renewal of employment,
21selection for training or apprenticeship, discharge,
22discipline, tenure or terms, privileges or conditions of
23employment. This Section does not prohibit a State agency,
24unit of local government or school district, or private

 

 

HB3655- 2425 -LRB102 16922 WGH 22334 b

1organization from requesting or utilizing sealed felony
2conviction information obtained from the Illinois Department
3of State Police under the provisions of Section 3 of the
4Criminal Identification Act or under other State or federal
5laws or regulations that require criminal background checks in
6evaluating the qualifications and character of an employee or
7a prospective employee.
8    (B) The prohibition against the use of an arrest record,
9as defined under paragraph (1) of subsection (B-5) of Section
101-103, contained in this Act shall not be construed to
11prohibit an employer, employment agency, or labor organization
12from obtaining or using other information which indicates that
13a person actually engaged in the conduct for which he or she
14was arrested.
15(Source: P.A. 101-565, eff. 1-1-20.)
 
16    Section 1165. The Illinois Torture Inquiry and Relief
17Commission Act is amended by changing Section 60 as follows:
 
18    (775 ILCS 40/60)
19    Sec. 60. Report. Beginning January 1, 2010, and annually
20thereafter, the Illinois Torture Inquiry and Relief Commission
21shall report on its activities to the General Assembly and the
22Governor. The report may contain recommendations of any needed
23legislative changes related to the activities of the
24Commission. The report shall recommend the funding needed by

 

 

HB3655- 2426 -LRB102 16922 WGH 22334 b

1the Commission, the State's Attorneys, and the Illinois
2Department of State Police in order to meet their
3responsibilities under this Act. Recommendations concerning
4the State's Attorneys or the Illinois Department of State
5Police shall only be made after consultations with the
6Illinois State's Attorneys Association, the Illinois
7Department of State Police, and the Attorney General.
8(Source: P.A. 96-223, eff. 8-10-09.)
 
9    Section 1170. The Assumed Business Name Act is amended by
10changing Section 5 as follows:
 
11    (805 ILCS 405/5)  (from Ch. 96, par. 8)
12    Sec. 5. Any person or persons carrying on, conducting or
13transacting business as aforesaid, who shall fail to comply
14with the provisions of this Act, shall be guilty of a Class C
15misdemeanor, and each day any person or persons conducts
16business in violation of this Act shall be deemed a separate
17offense.
18    A person shall be exempt from prosecution for a violation
19of this Act if he is a peace officer who uses a false or
20fictitious business name in the enforcement of the criminal
21laws; provided such use is approved in writing by one of the
22following:
23    (a) In all counties, the respective State's Attorney;
24    (b) The Director of the Illinois State Police under

 

 

HB3655- 2427 -LRB102 16922 WGH 22334 b

1Section 2605-200 of the Illinois Department of State Police
2Law (20 ILCS 2605/2605-200); or
3    (c) In cities over 1,000,000, the Superintendent of
4Police.
5(Source: P.A. 91-239, eff. 1-1-00.)
 
6    Section 1175. The Recyclable Metal Purchase Registration
7Law is amended by changing Section 6.5 as follows:
 
8    (815 ILCS 325/6.5)
9    Sec. 6.5. Recyclable Metal Theft Task Force.
10    (a) The Recyclable Metal Theft Task Force is created
11within the Office of the Secretary of State. The Office of the
12Secretary of State shall provide administrative support for
13the Task Force. The Task Force shall consist of the members
14designated in subsections (b) and (c).
15    (b) Members of the Task Force representing the State shall
16be appointed as follows:
17        (1) Two members of the Senate appointed one each by
18    the President of the Senate and by the Minority Leader of
19    the Senate;
20        (2) Two members of the House of Representatives
21    appointed one each by the Speaker of the House of
22    Representatives and by the Minority Leader of the House of
23    Representatives;
24        (3) One member representing the Office of the

 

 

HB3655- 2428 -LRB102 16922 WGH 22334 b

1    Secretary of State appointed by the Secretary of State;
2    and
3        (4) Two members representing the Illinois Department
4    of State Police appointed by the Director of the Illinois
5    State Police, one of whom must represent the State Police
6    Academy.
7    (c) The members appointed under subsection (b) shall
8select from their membership a chairperson. The chairperson
9shall appoint the public members of the Task Force as follows:
10        (1) One member representing municipalities in this
11    State with consideration given to persons recommended by
12    an organization representing municipalities in this State;
13        (2) Five chiefs of police from various geographical
14    areas of the State with consideration given to persons
15    recommended by an organization representing chiefs of
16    police in this State;
17        (3) One representative of a public utility
18    headquartered in Illinois;
19        (4) One representative of recyclable metal dealers in
20    Illinois;
21        (5) One representative of scrap metal suppliers in
22    Illinois;
23        (6) One representative of insurance companies offering
24    homeowners insurance in this State;
25        (7) One representative of rural electric cooperatives
26    in Illinois; and

 

 

HB3655- 2429 -LRB102 16922 WGH 22334 b

1        (8) One representative of a local exchange carrier
2    doing business in Illinois.
3    (d) The Task Force shall endeavor to establish a
4collaborative effort to combat recyclable metal theft
5throughout the State and assist in developing regional task
6forces, as determined necessary, to combat recyclable metal
7theft. The Task Force shall consider and develop long-term
8solutions, both legislative and enforcement-driven, for the
9rising problem of recyclable metal thefts in this State.
10    (e) Each year, the Task Force shall review the
11effectiveness of its efforts in deterring and investigating
12the problem of recyclable metal theft and in assisting in the
13prosecution of persons engaged in recyclable metal theft. The
14Task Force shall by October 31 of each year report its findings
15and recommendations to the General Assembly and the Governor.
16(Source: P.A. 99-52, eff. 1-1-16; 99-760, eff. 1-1-17.)
 
17    Section 1180. The Consumer Fraud and Deceptive Business
18Practices Act is amended by changing Section 2L as follows:
 
19    (815 ILCS 505/2L)
20    Sec. 2L. Used motor vehicles; modification or disclaimer
21of implied warranty of merchantability limited.
22    (a) Any retail sale of a used motor vehicle made after July
231, 2017 (the effective date of Public Act 99-768) to a consumer
24by a licensed vehicle dealer within the meaning of Chapter 5 of

 

 

HB3655- 2430 -LRB102 16922 WGH 22334 b

1the Illinois Vehicle Code or by an auction company at an
2auction that is open to the general public is made subject to
3this Section.
4    (b) This Section does not apply to any of the following:
5        (1) a vehicle with more than 150,000 miles at the time
6    of sale;
7        (2) a vehicle with a title that has been branded
8    "rebuilt" or "flood";
9        (3) a vehicle with a gross vehicle weight rating of
10    8,000 pounds or more; or
11        (4) a vehicle that is an antique vehicle, as defined
12    in the Illinois Vehicle Code, or that is a collector motor
13    vehicle.
14    (b-5) This Section does not apply to the sale of any
15vehicle for which the dealer offers an express warranty that
16provides coverage that is equal to or greater than the limited
17implied warranty of merchantability required under this
18Section 2L.
19    (b-6) This Section does not apply to forfeited vehicles
20sold at auction by or on behalf of the Illinois Department of
21State Police.
22    (c) Except as otherwise provided in this Section 2L, any
23sale of a used motor vehicle as described in subsection (a) may
24not exclude, modify, or disclaim the implied warranty of
25merchantability created under this Section 2L or limit the
26remedies for a breach of the warranty hereunder before

 

 

HB3655- 2431 -LRB102 16922 WGH 22334 b

1midnight of the 15th calendar day after delivery of a used
2motor vehicle or until a used motor vehicle is driven 500 miles
3after delivery, whichever is earlier. In calculating time
4under this Section, a day on which the warranty is breached and
5all subsequent days in which the used motor vehicle fails to
6conform with the implied warranty of merchantability are
7excluded. In calculating distance under this Section, the
8miles driven to obtain or in connection with the repair,
9servicing, or testing of a used motor vehicle that fails to
10conform with the implied warranty of merchantability are
11excluded. An attempt to exclude, modify, or disclaim the
12implied warranty of merchantability or to limit the remedies
13for a breach of the warranty in violation of this Section
14renders a purchase agreement voidable at the option of the
15purchaser.
16    (d) An implied warranty of merchantability is met if a
17used motor vehicle functions for the purpose of ordinary
18transportation on the public highway and substantially free of
19a defect in a power train component. As used in this Section,
20"power train component" means the engine block, head, all
21internal engine parts, oil pan and gaskets, water pump, intake
22manifold, transmission, and all internal transmission parts,
23torque converter, drive shaft, universal joints, rear axle and
24all rear axle internal parts, and rear wheel bearings.
25    (e) The implied warranty of merchantability expires at
26midnight of the 15th calendar day after delivery of a used

 

 

HB3655- 2432 -LRB102 16922 WGH 22334 b

1motor vehicle or when a used motor vehicle is driven 500 miles
2after delivery, whichever is earlier. In calculating time, a
3day on which the implied warranty of merchantability is
4breached is excluded and all subsequent days in which the used
5motor vehicle fails to conform with the warranty are also
6excluded. In calculating distance, the miles driven to or by
7the seller to obtain or in connection with the repair,
8servicing, or testing of a used motor vehicle that fails to
9conform with the implied warranty of merchantability are
10excluded. An implied warranty of merchantability does not
11extend to damage that occurs after the sale of the used motor
12vehicle that results from:
13        (1) off-road use;
14        (2) racing;
15        (3) towing;
16        (4) abuse;
17        (5) misuse;
18        (6) neglect;
19        (7) failure to perform regular maintenance; and
20        (8) failure to maintain adequate oil, coolant, and
21    other required fluids or lubricants.
22    (f) If the implied warranty of merchantability described
23in this Section is breached, the consumer shall give
24reasonable notice to the seller no later than 2 business days
25after the end of the statutory warranty period. Before the
26consumer exercises another remedy pursuant to Article 2 of the

 

 

HB3655- 2433 -LRB102 16922 WGH 22334 b

1Uniform Commercial Code, the seller shall have a reasonable
2opportunity to repair the used motor vehicle. The consumer
3shall pay one-half of the cost of the first 2 repairs necessary
4to bring the used motor vehicle into compliance with the
5warranty. The payments by the consumer are limited to a
6maximum payment of $100 for each repair; however, the consumer
7shall only be responsible for a maximum payment of $100 if the
8consumer brings in the vehicle for a second repair for the same
9defect. Reasonable notice as defined in this Section shall
10include, but not be limited to:
11        (1) text, provided the seller has provided the
12    consumer with a cell phone number;
13        (2) phone call or message to the seller's business
14    phone number provided on the seller's bill of sale for the
15    purchase of the motor vehicle;
16        (3) in writing to the seller's address provided on the
17    seller's bill of sale for the purchase of the motor
18    vehicle;
19        (4) in person at the seller's address provided on the
20    seller's bill of sale for the purchase of the motor
21    vehicle.
22    (g) The maximum liability of a seller for repairs pursuant
23to this Section is limited to the purchase price paid for the
24used motor vehicle, to be refunded to the consumer or lender,
25as applicable, in exchange for return of the vehicle.
26    (h) An agreement for the sale of a used motor vehicle

 

 

HB3655- 2434 -LRB102 16922 WGH 22334 b

1subject to this Section is voidable at the option of the
2consumer, unless it contains on its face or in a separate
3document the following conspicuous statement printed in
4boldface 10-point or larger type set off from the body of the
5agreement:
6    "Illinois law requires that this vehicle will be free of a
7defect in a power train component for 15 days or 500 miles
8after delivery, whichever is earlier, except with regard to
9particular defects disclosed on the first page of this
10agreement. "Power train component" means the engine block,
11head, all internal engine parts, oil pan and gaskets, water
12pump, intake manifold, transmission, and all internal
13transmission parts, torque converter, drive shaft, universal
14joints, rear axle and all rear axle internal parts, and rear
15wheel bearings. You (the consumer) will have to pay up to $100
16for each of the first 2 repairs if the warranty is violated.".
17    (i) The inclusion in the agreement of the statement
18prescribed in subsection (h) of this Section does not create
19an express warranty.
20    (j) A consumer of a used motor vehicle may waive the
21implied warranty of merchantability only for a particular
22defect in the vehicle, including, but not limited to, a
23rebuilt or flood-branded title and only if all of the
24following conditions are satisfied:
25        (1) the seller subject to this Section fully and
26    accurately discloses to the consumer that because of

 

 

HB3655- 2435 -LRB102 16922 WGH 22334 b

1    circumstances unusual to the business, the used motor
2    vehicle has a particular defect;
3        (2) the consumer agrees to buy the used motor vehicle
4    after disclosure of the defect; and
5        (3) before the sale, the consumer indicates agreement
6    to the waiver by signing and dating the following
7    conspicuous statement that is printed on the first page of
8    the sales agreement or on a separate document in boldface
9    10-point or larger type and that is written in the
10    language in which the presentation was made:
11        "Attention consumer: sign here only if the seller has
12    told you that this vehicle has the following problem or
13    problems and you agree to buy the vehicle on those terms:
14    1. ......................................................
15    2. ..................................................
16    3. ...................................................".
17    (k) It shall be an affirmative defense to any claim under
18this Section that:
19        (1) an alleged nonconformity does not substantially
20    impair the use and market value of the motor vehicle;
21        (2) a nonconformity is the result of abuse, neglect,
22    or unauthorized modifications or alterations of the motor
23    vehicle;
24        (3) a claim by a consumer was not filed in good faith;
25    or
26        (4) any other affirmative defense allowed by law.

 

 

HB3655- 2436 -LRB102 16922 WGH 22334 b

1    (l) Other than the 15-day, 500-mile implied warranty of
2merchantability identified herein, a seller subject to this
3Section is not required to provide any further express or
4implied warranties to a purchasing consumer unless:
5        (1) the seller is required by federal or State law to
6    provide a further express or implied warranty; or
7        (2) the seller fails to fully inform and disclose to
8    the consumer that the vehicle is being sold without any
9    further express or implied warranties, other than the 15
10    day, 500 mile implied warranty of merchantability
11    identified in this Section.
12    (m) Any person who violates this Section commits an
13unlawful practice within the meaning of this Act.
14(Source: P.A. 99-768, eff. 7-1-17; 100-4, eff. 7-1-17;
15100-512, eff. 7-1-18; 100-863, eff. 8-14-18.)
 
16    Section 1185. The Employee Credit Privacy Act is amended
17by changing Section 5 as follows:
 
18    (820 ILCS 70/5)
19    Sec. 5. Definitions. As used in this Act:
20    "Credit history" means an individual's past borrowing and
21repaying behavior, including paying bills on time and managing
22debt and other financial obligations.
23    "Credit report" means any written or other communication
24of any information by a consumer reporting agency that bears

 

 

HB3655- 2437 -LRB102 16922 WGH 22334 b

1on a consumer's creditworthiness, credit standing, credit
2capacity, or credit history.
3    "Employee" means an individual who receives compensation
4for performing services for an employer under an express or
5implied contract of hire.
6    "Employer" means an individual or entity that permits one
7or more individuals to work or that accepts applications for
8employment or is an agent of an employer. "Employer" does not,
9however, include:
10        (1) Any bank holding company, financial holding
11    company, bank, savings bank, savings and loan association,
12    credit union, or trust company, or any subsidiary or
13    affiliate thereof, that is authorized to do business under
14    the laws of this State or of the United States.
15        (2) Any company authorized to engage in any kind of
16    insurance or surety business pursuant to the Illinois
17    Insurance Code, including any employee, agent, or employee
18    of an agent acting on behalf of a company engaged in the
19    insurance or surety business.
20        (3) Any State law enforcement or investigative unit,
21    including, without limitation, any such unit within the
22    Office of any Executive Inspector General, the Illinois
23    Department of State Police, the Department of Corrections,
24    the Department of Juvenile Justice, or the Department of
25    Natural Resources.
26        (4) Any State or local government agency which

 

 

HB3655- 2438 -LRB102 16922 WGH 22334 b

1    otherwise requires use of the employee's or applicant's
2    credit history or credit report.
3        (5) Any entity that is defined as a debt collector
4    under federal or State statute.
5    "Financial information" means non-public information on
6the overall financial direction of an organization, including,
7but not limited to, company taxes or profit and loss reports.
8    "Marketable assets" means company property that is
9specially safeguarded from the public and to which access is
10only entrusted to managers and select other employees. For the
11purposes of this Act, marketable assets do not include the
12fixtures, furnishings, or equipment of an employer.
13    "Personal or confidential information" means sensitive
14information that a customer or client of the employing
15organization gives explicit authorization for the organization
16to obtain, process, and keep; that the employer entrusts only
17to managers and a select few employees; or that is stored in
18secure repositories not accessible by the public or low-level
19employees.
20    "State or national security information" means information
21only offered to select employees because it may jeopardize the
22security of the State or the nation if it were entrusted to the
23general public.
24    "Trade secrets" means sensitive information regarding a
25company's overall strategy or business plans. This does not
26include general proprietary company information such as

 

 

HB3655- 2439 -LRB102 16922 WGH 22334 b

1handbooks, policies, or low-level strategies.
2(Source: P.A. 96-1426, eff. 1-1-11.)
 
3    Section 1190. The Unemployment Insurance Act is amended by
4changing Section 1900 as follows:
 
5    (820 ILCS 405/1900)  (from Ch. 48, par. 640)
6    Sec. 1900. Disclosure of information.
7    A. Except as provided in this Section, information
8obtained from any individual or employing unit during the
9administration of this Act shall:
10        1. be confidential,
11        2. not be published or open to public inspection,
12        3. not be used in any court in any pending action or
13    proceeding,
14        4. not be admissible in evidence in any action or
15    proceeding other than one arising out of this Act.
16    B. No finding, determination, decision, ruling or order
17(including any finding of fact, statement or conclusion made
18therein) issued pursuant to this Act shall be admissible or
19used in evidence in any action other than one arising out of
20this Act, nor shall it be binding or conclusive except as
21provided in this Act, nor shall it constitute res judicata,
22regardless of whether the actions were between the same or
23related parties or involved the same facts.
24    C. Any officer or employee of this State, any officer or

 

 

HB3655- 2440 -LRB102 16922 WGH 22334 b

1employee of any entity authorized to obtain information
2pursuant to this Section, and any agent of this State or of
3such entity who, except with authority of the Director under
4this Section, shall disclose information shall be guilty of a
5Class B misdemeanor and shall be disqualified from holding any
6appointment or employment by the State.
7    D. An individual or his duly authorized agent may be
8supplied with information from records only to the extent
9necessary for the proper presentation of his claim for
10benefits or with his existing or prospective rights to
11benefits. Discretion to disclose this information belongs
12solely to the Director and is not subject to a release or
13waiver by the individual. Notwithstanding any other provision
14to the contrary, an individual or his or her duly authorized
15agent may be supplied with a statement of the amount of
16benefits paid to the individual during the 18 months preceding
17the date of his or her request.
18    E. An employing unit may be furnished with information,
19only if deemed by the Director as necessary to enable it to
20fully discharge its obligations or safeguard its rights under
21the Act. Discretion to disclose this information belongs
22solely to the Director and is not subject to a release or
23waiver by the employing unit.
24    F. The Director may furnish any information that he may
25deem proper to any public officer or public agency of this or
26any other State or of the federal government dealing with:

 

 

HB3655- 2441 -LRB102 16922 WGH 22334 b

1        1. the administration of relief,
2        2. public assistance,
3        3. unemployment compensation,
4        4. a system of public employment offices,
5        5. wages and hours of employment, or
6        6. a public works program.
7    The Director may make available to the Illinois Workers'
8Compensation Commission information regarding employers for
9the purpose of verifying the insurance coverage required under
10the Workers' Compensation Act and Workers' Occupational
11Diseases Act.
12    G. The Director may disclose information submitted by the
13State or any of its political subdivisions, municipal
14corporations, instrumentalities, or school or community
15college districts, except for information which specifically
16identifies an individual claimant.
17    H. The Director shall disclose only that information
18required to be disclosed under Section 303 of the Social
19Security Act, as amended, including:
20        1. any information required to be given the United
21    States Department of Labor under Section 303(a)(6); and
22        2. the making available upon request to any agency of
23    the United States charged with the administration of
24    public works or assistance through public employment, the
25    name, address, ordinary occupation and employment status
26    of each recipient of unemployment compensation, and a

 

 

HB3655- 2442 -LRB102 16922 WGH 22334 b

1    statement of such recipient's right to further
2    compensation under such law as required by Section
3    303(a)(7); and
4        3. records to make available to the Railroad
5    Retirement Board as required by Section 303(c)(1); and
6        4. information that will assure reasonable cooperation
7    with every agency of the United States charged with the
8    administration of any unemployment compensation law as
9    required by Section 303(c)(2); and
10        5. information upon request and on a reimbursable
11    basis to the United States Department of Agriculture and
12    to any State food stamp agency concerning any information
13    required to be furnished by Section 303(d); and
14        6. any wage information upon request and on a
15    reimbursable basis to any State or local child support
16    enforcement agency required by Section 303(e); and
17        7. any information required under the income
18    eligibility and verification system as required by Section
19    303(f); and
20        8. information that might be useful in locating an
21    absent parent or that parent's employer, establishing
22    paternity or establishing, modifying, or enforcing child
23    support orders for the purpose of a child support
24    enforcement program under Title IV of the Social Security
25    Act upon the request of and on a reimbursable basis to the
26    public agency administering the Federal Parent Locator

 

 

HB3655- 2443 -LRB102 16922 WGH 22334 b

1    Service as required by Section 303(h); and
2        9. information, upon request, to representatives of
3    any federal, State or local governmental public housing
4    agency with respect to individuals who have signed the
5    appropriate consent form approved by the Secretary of
6    Housing and Urban Development and who are applying for or
7    participating in any housing assistance program
8    administered by the United States Department of Housing
9    and Urban Development as required by Section 303(i).
10    I. The Director, upon the request of a public agency of
11Illinois, of the federal government or of any other state
12charged with the investigation or enforcement of Section 10-5
13of the Criminal Code of 2012 (or a similar federal law or
14similar law of another State), may furnish the public agency
15information regarding the individual specified in the request
16as to:
17        1. the current or most recent home address of the
18    individual, and
19        2. the names and addresses of the individual's
20    employers.
21    J. Nothing in this Section shall be deemed to interfere
22with the disclosure of certain records as provided for in
23Section 1706 or with the right to make available to the
24Internal Revenue Service of the United States Department of
25the Treasury, or the Department of Revenue of the State of
26Illinois, information obtained under this Act.

 

 

HB3655- 2444 -LRB102 16922 WGH 22334 b

1    K. The Department shall make available to the Illinois
2Student Assistance Commission, upon request, information in
3the possession of the Department that may be necessary or
4useful to the Commission in the collection of defaulted or
5delinquent student loans which the Commission administers.
6    L. The Department shall make available to the State
7Employees' Retirement System, the State Universities
8Retirement System, the Teachers' Retirement System of the
9State of Illinois, and the Department of Central Management
10Services, Risk Management Division, upon request, information
11in the possession of the Department that may be necessary or
12useful to the System or the Risk Management Division for the
13purpose of determining whether any recipient of a disability
14benefit from the System or a workers' compensation benefit
15from the Risk Management Division is gainfully employed.
16    M. This Section shall be applicable to the information
17obtained in the administration of the State employment
18service, except that the Director may publish or release
19general labor market information and may furnish information
20that he may deem proper to an individual, public officer or
21public agency of this or any other State or the federal
22government (in addition to those public officers or public
23agencies specified in this Section) as he prescribes by Rule.
24    N. The Director may require such safeguards as he deems
25proper to insure that information disclosed pursuant to this
26Section is used only for the purposes set forth in this

 

 

HB3655- 2445 -LRB102 16922 WGH 22334 b

1Section.
2    O. Nothing in this Section prohibits communication with an
3individual or entity through unencrypted e-mail or other
4unencrypted electronic means as long as the communication does
5not contain the individual's or entity's name in combination
6with any one or more of the individual's or entity's social
7security number; driver's license or State identification
8number; credit or debit card number; or any required security
9code, access code, or password that would permit access to
10further information pertaining to the individual or entity.
11    P. (Blank).
12    Q. The Director shall make available to an elected federal
13official the name and address of an individual or entity that
14is located within the jurisdiction from which the official was
15elected and that, for the most recently completed calendar
16year, has reported to the Department as paying wages to
17workers, where the information will be used in connection with
18the official duties of the official and the official requests
19the information in writing, specifying the purposes for which
20it will be used. For purposes of this subsection, the use of
21information in connection with the official duties of an
22official does not include use of the information in connection
23with the solicitation of contributions or expenditures, in
24money or in kind, to or on behalf of a candidate for public or
25political office or a political party or with respect to a
26public question, as defined in Section 1-3 of the Election

 

 

HB3655- 2446 -LRB102 16922 WGH 22334 b

1Code, or in connection with any commercial solicitation. Any
2elected federal official who, in submitting a request for
3information covered by this subsection, knowingly makes a
4false statement or fails to disclose a material fact, with the
5intent to obtain the information for a purpose not authorized
6by this subsection, shall be guilty of a Class B misdemeanor.
7    R. The Director may provide to any State or local child
8support agency, upon request and on a reimbursable basis,
9information that might be useful in locating an absent parent
10or that parent's employer, establishing paternity, or
11establishing, modifying, or enforcing child support orders.
12    S. The Department shall make available to a State's
13Attorney of this State or a State's Attorney's investigator,
14upon request, the current address or, if the current address
15is unavailable, current employer information, if available, of
16a victim of a felony or a witness to a felony or a person
17against whom an arrest warrant is outstanding.
18    T. The Director shall make available to the Illinois
19Department of State Police, a county sheriff's office, or a
20municipal police department, upon request, any information
21concerning the current address and place of employment or
22former places of employment of a person who is required to
23register as a sex offender under the Sex Offender Registration
24Act that may be useful in enforcing the registration
25provisions of that Act.
26    U. The Director shall make information available to the

 

 

HB3655- 2447 -LRB102 16922 WGH 22334 b

1Department of Healthcare and Family Services and the
2Department of Human Services for the purpose of determining
3eligibility for public benefit programs authorized under the
4Illinois Public Aid Code and related statutes administered by
5those departments, for verifying sources and amounts of
6income, and for other purposes directly connected with the
7administration of those programs.
8    V. The Director shall make information available to the
9State Board of Elections as may be required by an agreement the
10State Board of Elections has entered into with a multi-state
11voter registration list maintenance system.
12    W. The Director shall make information available to the
13State Treasurer's office and the Department of Revenue for the
14purpose of facilitating compliance with the Illinois Secure
15Choice Savings Program Act, including employer contact
16information for employers with 25 or more employees and any
17other information the Director deems appropriate that is
18directly related to the administration of this program.
19    X. The Director shall make information available, upon
20request, to the Illinois Student Assistance Commission for the
21purpose of determining eligibility for the adult vocational
22community college scholarship program under Section 65.105 of
23the Higher Education Student Assistance Act.
24(Source: P.A. 100-484, eff. 9-8-17; 101-315, eff. 1-1-20.)
 
25    Section 9995. No acceleration or delay. Where this Act

 

 

HB3655- 2448 -LRB102 16922 WGH 22334 b

1makes changes in a statute that is represented in this Act by
2text that is not yet or no longer in effect (for example, a
3Section represented by multiple versions), the use of that
4text does not accelerate or delay the taking effect of (i) the
5changes made by this Act or (ii) provisions derived from any
6other Public Act.
 
7    Section 9999. Effective date. This Act takes effect upon
8becoming law.

 

 

HB3655- 2449 -LRB102 16922 WGH 22334 b

1 INDEX
2 Statutes amended in order of appearance
3    5 ILCS 230/5
4    5 ILCS 283/10
5    5 ILCS 283/25
6    5 ILCS 315/3from Ch. 48, par. 1603
7    5 ILCS 315/6.1
8    5 ILCS 315/9from Ch. 48, par. 1609
9    5 ILCS 350/1from Ch. 127, par. 1301
10    5 ILCS 382/3-15
11    5 ILCS 430/5-50
12    5 ILCS 430/50-5
13    5 ILCS 465/10
14    5 ILCS 810/10
15    5 ILCS 810/15
16    5 ILCS 815/10
17    5 ILCS 820/10
18    5 ILCS 830/10-5
19    5 ILCS 835/5
20    5 ILCS 840/30
21    15 ILCS 15/3.1
22    15 ILCS 305/13from Ch. 124, par. 10.3
23    15 ILCS 305/13.5
24    15 ILCS 310/10b.1from Ch. 124, par. 110b.1
25    20 ILCS 5/1-5

 

 

HB3655- 2450 -LRB102 16922 WGH 22334 b

1    20 ILCS 5/5-15was 20 ILCS 5/3
2    20 ILCS 5/5-20was 20 ILCS 5/4
3    20 ILCS 5/5-410was 20 ILCS 5/9.11
4    20 ILCS 5/5-715
5    20 ILCS 5/5-180 rep.
6    20 ILCS 205/205-425was 20 ILCS 205/40.37
7    20 ILCS 301/5-10
8    20 ILCS 301/10-15
9    20 ILCS 301/45-55
10    20 ILCS 405/405-320was 20 ILCS 405/67.25
11    20 ILCS 415/4cfrom Ch. 127, par. 63b104c
12    20 ILCS 415/8cfrom Ch. 127, par. 63b108c
13    20 ILCS 415/10from Ch. 127, par. 63b110
14    20 ILCS 505/5from Ch. 23, par. 5005
15    20 ILCS 505/35.5
16    20 ILCS 505/35.6
17    20 ILCS 510/510-100was 20 ILCS 510/65.8
18    20 ILCS 515/15
19    20 ILCS 1205/6from Ch. 17, par. 106
20    20 ILCS 1305/1-17
21    20 ILCS 1370/1-5
22    20 ILCS 1505/1505-200was 20 ILCS 1505/43.21
23    20 ILCS 1605/10.4from Ch. 120, par. 1160.4
24    20 ILCS 1605/21.10
25    20 ILCS 1705/4.2from Ch. 91 1/2, par. 100-4.2
26    20 ILCS 1710/1710-75was 20 ILCS 1710/53 in part

 

 

HB3655- 2451 -LRB102 16922 WGH 22334 b

1    20 ILCS 1905/1905-150was 20 ILCS 1905/45 in part
2    20 ILCS 2105/2105-15
3    20 ILCS 2105/2105-20
4    20 ILCS 2310/2310-185was 20 ILCS 2310/55.51
5    20 ILCS 2310/2310-376
6    20 ILCS 2505/2505-675was 20 ILCS 2505/39b50
7    20 ILCS 2605/Art. 2605
8    heading
9    20 ILCS 2605/2605-1
10    20 ILCS 2605/2605-5
11    20 ILCS 2605/2605-10was 20 ILCS 2605/55a in part
12    20 ILCS 2605/2605-25was 20 ILCS 2605/55a-1
13    20 ILCS 2605/2605-30was 20 ILCS 2605/55a-2
14    20 ILCS 2605/2605-35was 20 ILCS 2605/55a-3
15    20 ILCS 2605/2605-40was 20 ILCS 2605/55a-4
16    20 ILCS 2605/2605-45was 20 ILCS 2605/55a-5
17    20 ILCS 2605/2605-50was 20 ILCS 2605/55a-6
18    20 ILCS 2605/2605-51 new
19    20 ILCS 2605/2605-52
20    20 ILCS 2605/2605-54
21    20 ILCS 2605/2605-55
22    20 ILCS 2605/2605-75was 20 ILCS 2605/55a in part
23    20 ILCS 2605/2605-190was 20 ILCS 2605/55a in part
24    20 ILCS 2605/2605-200was 20 ILCS 2605/55a in part
25    20 ILCS 2605/2605-211
26    20 ILCS 2605/2605-212

 

 

HB3655- 2452 -LRB102 16922 WGH 22334 b

1    20 ILCS 2605/2605-220was 20 ILCS 2605/55a-7
2    20 ILCS 2605/2605-250was 20 ILCS 2605/55a in part
3    20 ILCS 2605/2605-305was 20 ILCS 2605/55a in part
4    20 ILCS 2605/2605-315was 20 ILCS 2605/55a in part
5    20 ILCS 2605/2605-320
6    20 ILCS 2605/2605-325was 20 ILCS 2605/55a in part
7    20 ILCS 2605/2605-327
8    20 ILCS 2605/2605-330was 20 ILCS 2605/55a in part
9    20 ILCS 2605/2605-335was 20 ILCS 2605/55a in part
10    20 ILCS 2605/2605-340was 20 ILCS 2605/55a in part
11    20 ILCS 2605/2605-345
12    20 ILCS 2605/2605-355was 20 ILCS 2605/55a in part
13    20 ILCS 2605/2605-375was 20 ILCS 2605/55a in part
14    20 ILCS 2605/2605-377was 20 ILCS 2605/55a in part
15    20 ILCS 2605/2605-378
16    20 ILCS 2605/2605-380was 20 ILCS 2605/55a-8
17    20 ILCS 2605/2605-400was 20 ILCS 2605/55a in part
18    20 ILCS 2605/2605-405was 20 ILCS 2605/55a in part
19    20 ILCS 2605/2605-407
20    20 ILCS 2605/2605-410
21    20 ILCS 2605/2605-420was 20 ILCS 2605/55a in part
22    20 ILCS 2605/2605-475was 20 ILCS 2605/55a in part
23    20 ILCS 2605/2605-480
24    20 ILCS 2605/2605-485
25    20 ILCS 2605/2605-505was 20 ILCS 2605/55b
26    20 ILCS 2605/2605-550was 20 ILCS 2605/55a in part

 

 

HB3655- 2453 -LRB102 16922 WGH 22334 b

1    20 ILCS 2605/2605-575
2    20 ILCS 2605/2605-585
3    20 ILCS 2605/2605-590
4    20 ILCS 2605/2605-595
5    20 ILCS 2605/2605-600
6    20 ILCS 2605/2605-605
7    20 ILCS 2605/2605-610
8    20 ILCS 2605/2605-85 rep.
9    20 ILCS 2605/2605-90 rep.
10    20 ILCS 2605/2605-95 rep.
11    20 ILCS 2605/2605-96 rep.
12    20 ILCS 2605/2605-97 rep.
13    20 ILCS 2605/2605-98 rep.
14    20 ILCS 2605/2605-99 rep.
15    20 ILCS 2605/2605-100 rep.
16    20 ILCS 2605/2605-105 rep.
17    20 ILCS 2605/2605-110 rep.
18    20 ILCS 2605/2605-115 rep.
19    20 ILCS 2605/2605-120 rep.
20    20 ILCS 2605/2605-130 rep.
21    20 ILCS 2605/2605-135 rep.
22    20 ILCS 2605/2605-140 rep.
23    20 ILCS 2605/2605-300 rep.
24    20 ILCS 2605/2605-390 rep.
25    20 ILCS 2605/2605-500 rep.
26    20 ILCS 2610/Act title

 

 

HB3655- 2454 -LRB102 16922 WGH 22334 b

1    20 ILCS 2610/0.01from Ch. 121, par. 307.01
2    20 ILCS 2610/1from Ch. 121, par. 307.1
3    20 ILCS 2610/2from Ch. 121, par. 307.2
4    20 ILCS 2610/3from Ch. 121, par. 307.3
5    20 ILCS 2610/8from Ch. 121, par. 307.8
6    20 ILCS 2610/9from Ch. 121, par. 307.9
7    20 ILCS 2610/10from Ch. 121, par. 307.10
8    20 ILCS 2610/12.2
9    20 ILCS 2610/12.5
10    20 ILCS 2610/13from Ch. 121, par. 307.13
11    20 ILCS 2610/14from Ch. 121, par. 307.14
12    20 ILCS 2610/16from Ch. 121, par. 307.16
13    20 ILCS 2610/17b
14    20 ILCS 2610/18from Ch. 121, par. 307.18
15    20 ILCS 2610/20from Ch. 121, par. 307.18a
16    20 ILCS 2610/21from Ch. 121, par. 307.18b
17    20 ILCS 2610/22from Ch. 121, par. 307.18c
18    20 ILCS 2610/24
19    20 ILCS 2610/30
20    20 ILCS 2610/35
21    20 ILCS 2610/38
22    20 ILCS 2610/40
23    20 ILCS 2610/45
24    20 ILCS 2615/0.01from Ch. 121, par. 307.20
25    20 ILCS 2615/1from Ch. 121, par. 307.21
26    20 ILCS 2615/2from Ch. 121, par. 307.22

 

 

HB3655- 2455 -LRB102 16922 WGH 22334 b

1    20 ILCS 2615/6from Ch. 121, par. 307.26
2    20 ILCS 2615/10
3    20 ILCS 2620/1from Ch. 127, par. 55d
4    20 ILCS 2620/2from Ch. 127, par. 55e
5    20 ILCS 2620/3from Ch. 127, par. 55f
6    20 ILCS 2620/4from Ch. 127, par. 55g
7    20 ILCS 2620/5from Ch. 127, par. 55h
8    20 ILCS 2620/6from Ch. 127, par. 55i
9    20 ILCS 2620/7from Ch. 127, par. 55j
10    20 ILCS 2620/8from Ch. 127, par. 55k
11    20 ILCS 2625/Act title
12    20 ILCS 2625/1from Ch. 127, par. 289
13    20 ILCS 2625/2from Ch. 127, par. 290
14    20 ILCS 2625/3from Ch. 127, par. 291
15    20 ILCS 2625/4from Ch. 127, par. 292
16    20 ILCS 2630/1from Ch. 38, par. 206-1
17    20 ILCS 2630/2from Ch. 38, par. 206-2
18    20 ILCS 2630/2.1from Ch. 38, par. 206-2.1
19    20 ILCS 2630/2.2
20    20 ILCS 2630/3from Ch. 38, par. 206-3
21    20 ILCS 2630/3.1from Ch. 38, par. 206-3.1
22    20 ILCS 2630/3.3
23    20 ILCS 2630/4from Ch. 38, par. 206-4
24    20 ILCS 2630/5from Ch. 38, par. 206-5
25    20 ILCS 2630/7from Ch. 38, par. 206-7
26    20 ILCS 2630/7.5

 

 

HB3655- 2456 -LRB102 16922 WGH 22334 b

1    20 ILCS 2630/8from Ch. 38, par. 206-8
2    20 ILCS 2630/9from Ch. 38, par. 206-9
3    20 ILCS 2630/9.5
4    20 ILCS 2630/10from Ch. 38, par. 206-10
5    20 ILCS 2630/13
6    20 ILCS 2630/14
7    20 ILCS 2635/Act title
8    20 ILCS 2635/2from Ch. 38, par. 1602
9    20 ILCS 2635/3from Ch. 38, par. 1603
10    20 ILCS 2635/4from Ch. 38, par. 1604
11    20 ILCS 2635/5from Ch. 38, par. 1605
12    20 ILCS 2635/6from Ch. 38, par. 1606
13    20 ILCS 2635/7from Ch. 38, par. 1607
14    20 ILCS 2635/8from Ch. 38, par. 1608
15    20 ILCS 2635/9from Ch. 38, par. 1609
16    20 ILCS 2635/10from Ch. 38, par. 1610
17    20 ILCS 2635/11from Ch. 38, par. 1611
18    20 ILCS 2635/12from Ch. 38, par. 1612
19    20 ILCS 2635/13from Ch. 38, par. 1613
20    20 ILCS 2635/14from Ch. 38, par. 1614
21    20 ILCS 2635/15from Ch. 38, par. 1615
22    20 ILCS 2635/17from Ch. 38, par. 1617
23    20 ILCS 2635/19from Ch. 38, par. 1619
24    20 ILCS 2635/20from Ch. 38, par. 1620
25    20 ILCS 2635/21from Ch. 38, par. 1621
26    20 ILCS 2637/5

 

 

HB3655- 2457 -LRB102 16922 WGH 22334 b

1    20 ILCS 2637/15
2    20 ILCS 2640/5
3    20 ILCS 2640/10
4    20 ILCS 2645/5
5    20 ILCS 2645/10
6    20 ILCS 2705/2705-90was 20 ILCS 2705/49.31
7    20 ILCS 2705/2705-125was 20 ILCS 2705/49.22
8    20 ILCS 2705/2705-317
9    20 ILCS 2705/2705-505.5
10    20 ILCS 2705/2705-505.6
11    20 ILCS 2905/2from Ch. 127 1/2, par. 2
12    20 ILCS 3205/5from Ch. 17, par. 455
13    20 ILCS 3305/5from Ch. 127, par. 1055
14    20 ILCS 3310/40
15    20 ILCS 3310/70
16    20 ILCS 3855/1-110
17    20 ILCS 3930/4from Ch. 38, par. 210-4
18    20 ILCS 3930/9.1
19    20 ILCS 3980/2from Ch. 111 1/2, par. 8002
20    20 ILCS 3985/2001from Ch. 127, par. 3852-1
21    20 ILCS 4005/4from Ch. 95 1/2, par. 1304
22    20 ILCS 4005/8.5
23    20 ILCS 4040/10
24    20 ILCS 4085/10
25    20 ILCS 5025/10
26    30 ILCS 105/6z-82

 

 

HB3655- 2458 -LRB102 16922 WGH 22334 b

1    30 ILCS 105/6z-99
2    30 ILCS 105/6z-106
3    30 ILCS 105/8.3from Ch. 127, par. 144.3
4    30 ILCS 105/8.37
5    30 ILCS 105/8p
6    30 ILCS 105/14from Ch. 127, par. 150
7    30 ILCS 230/2from Ch. 127, par. 171
8    30 ILCS 500/25-75
9    30 ILCS 605/7from Ch. 127, par. 133b10
10    30 ILCS 605/7b
11    30 ILCS 605/7c
12    30 ILCS 610/4from Ch. 127, par. 133e4
13    30 ILCS 715/2.01from Ch. 56 1/2, par. 1702.01
14    30 ILCS 715/3from Ch. 56 1/2, par. 1703
15    30 ILCS 715/4from Ch. 56 1/2, par. 1704
16    30 ILCS 715/5from Ch. 56 1/2, par. 1705
17    30 ILCS 715/5.1from Ch. 56 1/2, par. 1705.1
18    30 ILCS 805/8.40
19    35 ILCS 5/1109from Ch. 120, par. 11-1109
20    35 ILCS 135/3-10
21    40 ILCS 5/14-103.05from Ch. 108 1/2, par. 14-103.05
22    40 ILCS 5/14-110from Ch. 108 1/2, par. 14-110
23    40 ILCS 5/14-123.1from Ch. 108 1/2, par. 14-123.1
24    40 ILCS 5/14-124from Ch. 108 1/2, par. 14-124
25    40 ILCS 15/1.2
26    50 ILCS 705/3from Ch. 85, par. 503

 

 

HB3655- 2459 -LRB102 16922 WGH 22334 b

1    50 ILCS 705/6.1
2    50 ILCS 705/9from Ch. 85, par. 509
3    50 ILCS 705/10.10
4    50 ILCS 705/10.19
5    50 ILCS 705/10.21
6    50 ILCS 709/5-5
7    50 ILCS 709/5-10
8    50 ILCS 709/5-12
9    50 ILCS 709/5-15
10    50 ILCS 709/5-20
11    50 ILCS 709/5-30
12    50 ILCS 722/5
13    50 ILCS 722/10
14    50 ILCS 722/15
15    50 ILCS 722/20
16    50 ILCS 727/1-10
17    50 ILCS 750/2from Ch. 134, par. 32
18    50 ILCS 750/7from Ch. 134, par. 37
19    50 ILCS 750/8from Ch. 134, par. 38
20    50 ILCS 750/10from Ch. 134, par. 40
21    50 ILCS 750/12from Ch. 134, par. 42
22    50 ILCS 750/15.1from Ch. 134, par. 45.1
23    50 ILCS 750/15.4b
24    50 ILCS 750/15.5
25    50 ILCS 750/15.6
26    50 ILCS 750/15.6a

 

 

HB3655- 2460 -LRB102 16922 WGH 22334 b

1    50 ILCS 750/15.6b
2    50 ILCS 750/17.5
3    50 ILCS 750/19
4    50 ILCS 750/20
5    50 ILCS 750/30
6    50 ILCS 750/40
7    50 ILCS 750/50
8    50 ILCS 750/55
9    50 ILCS 750/75
10    50 ILCS 750/80
11    50 ILCS 753/20
12    55 ILCS 5/3-3013from Ch. 34, par. 3-3013
13    65 ILCS 5/10-1-7.1
14    65 ILCS 5/10-2.1-6from Ch. 24, par. 10-2.1-6
15    65 ILCS 5/10-2.1-6.1from Ch. 24, par. 10-2.1-6.1
16    65 ILCS 5/10-2.1-6.2from Ch. 24, par. 10-2.1-6.2
17    65 ILCS 5/10-2.1-6.3
18    65 ILCS 5/11-32-1from Ch. 24, par. 11-32-1
19    70 ILCS 705/16.06b
20    70 ILCS 1205/8-23
21    70 ILCS 1505/16a-5
22    70 ILCS 3605/28bfrom Ch. 111 2/3, par. 328b
23    105 ILCS 5/1A-11
24    105 ILCS 5/2-3.25o
25    105 ILCS 5/2-3.73from Ch. 122, par. 2-3.73
26    105 ILCS 5/2-3.140

 

 

HB3655- 2461 -LRB102 16922 WGH 22334 b

1    105 ILCS 5/10-20.21a
2    105 ILCS 5/10-21.7from Ch. 122, par. 10-21.7
3    105 ILCS 5/10-21.9from Ch. 122, par. 10-21.9
4    105 ILCS 5/10-27.1A
5    105 ILCS 5/10-27.1B
6    105 ILCS 5/34-2.1from Ch. 122, par. 34-2.1
7    105 ILCS 5/34-8.05
8    105 ILCS 5/34-18.5from Ch. 122, par. 34-18.5
9    110 ILCS 57/10
10    110 ILCS 57/15
11    110 ILCS 57/25
12    205 ILCS 657/25
13    205 ILCS 685/2from Ch. 17, par. 7352
14    205 ILCS 685/3from Ch. 17, par. 7353
15    205 ILCS 685/4from Ch. 17, par. 7354
16    210 ILCS 30/6from Ch. 111 1/2, par. 4166
17    210 ILCS 30/10from Ch. 111 1/2, par. 4170
18    210 ILCS 45/1-114.01
19    210 ILCS 45/2-201.5
20    210 ILCS 45/2-201.6
21    210 ILCS 45/2-201.7
22    210 ILCS 46/1-114.01
23    210 ILCS 46/2-201.5
24    210 ILCS 46/2-201.6
25    210 ILCS 47/1-114.01
26    210 ILCS 47/2-201.5

 

 

HB3655- 2462 -LRB102 16922 WGH 22334 b

1    210 ILCS 47/2-201.6
2    210 ILCS 49/2-104
3    210 ILCS 49/2-105
4    210 ILCS 85/6.09from Ch. 111 1/2, par. 147.09
5    210 ILCS 150/18
6    210 ILCS 160/30
7    215 ILCS 5/155.24from Ch. 73, par. 767.24
8    215 ILCS 5/401from Ch. 73, par. 1013
9    215 ILCS 5/1520
10    220 ILCS 5/4-101from Ch. 111 2/3, par. 4-101
11    225 ILCS 10/4.1from Ch. 23, par. 2214.1
12    225 ILCS 46/15
13    225 ILCS 46/33
14    225 ILCS 46/45
15    225 ILCS 46/65
16    225 ILCS 46/70
17    225 ILCS 57/15
18    225 ILCS 60/7from Ch. 111, par. 4400-7
19    225 ILCS 60/9.7
20    225 ILCS 60/65
21    225 ILCS 65/50-35was 225 ILCS 65/5-23
22    225 ILCS 70/5.1
23    225 ILCS 120/25from Ch. 111, par. 8301-25
24    225 ILCS 227/40
25    225 ILCS 227/45
26    225 ILCS 447/5-10

 

 

HB3655- 2463 -LRB102 16922 WGH 22334 b

1    225 ILCS 447/10-5
2    225 ILCS 447/10-25
3    225 ILCS 447/31-5
4    225 ILCS 447/31-10
5    225 ILCS 447/31-15
6    225 ILCS 447/31-20
7    225 ILCS 447/31-25
8    225 ILCS 447/35-30
9    225 ILCS 447/40-10
10    225 ILCS 458/5-22
11    225 ILCS 459/68
12    225 ILCS 460/16.5
13    230 ILCS 5/9from Ch. 8, par. 37-9
14    230 ILCS 5/15from Ch. 8, par. 37-15
15    230 ILCS 5/28from Ch. 8, par. 37-28
16    230 ILCS 5/34from Ch. 8, par. 37-34
17    230 ILCS 5/45from Ch. 8, par. 37-45
18    230 ILCS 10/5from Ch. 120, par. 2405
19    230 ILCS 10/6from Ch. 120, par. 2406
20    230 ILCS 10/7.7
21    230 ILCS 10/9from Ch. 120, par. 2409
22    230 ILCS 10/11from Ch. 120, par. 2411
23    230 ILCS 10/13from Ch. 120, par. 2413
24    230 ILCS 10/22from Ch. 120, par. 2422
25    230 ILCS 20/2.1
26    230 ILCS 20/5from Ch. 120, par. 1055

 

 

HB3655- 2464 -LRB102 16922 WGH 22334 b

1    230 ILCS 25/1.2
2    230 ILCS 30/7from Ch. 120, par. 1127
3    230 ILCS 30/14from Ch. 120, par. 1134
4    230 ILCS 40/45
5    230 ILCS 45/25-20
6    235 ILCS 5/4-7from Ch. 43, par. 114a
7    235 ILCS 5/10-1from Ch. 43, par. 183
8    305 ILCS 5/8A-7from Ch. 23, par. 8A-7
9    305 ILCS 5/9A-11.5
10    305 ILCS 5/10-3.4
11    305 ILCS 5/12-4.25from Ch. 23, par. 12-4.25
12    310 ILCS 10/25from Ch. 67 1/2, par. 25
13    320 ILCS 20/3.5
14    325 ILCS 5/7.3from Ch. 23, par. 2057.3
15    325 ILCS 5/7.4from Ch. 23, par. 2057.4
16    325 ILCS 5/11.1from Ch. 23, par. 2061.1
17    325 ILCS 40/2from Ch. 23, par. 2252
18    325 ILCS 40/3from Ch. 23, par. 2253
19    325 ILCS 40/3.5
20    325 ILCS 40/3.6
21    325 ILCS 40/6from Ch. 23, par. 2256
22    325 ILCS 40/7from Ch. 23, par. 2257
23    325 ILCS 50/1from Ch. 23, par. 2281
24    325 ILCS 50/2from Ch. 23, par. 2282
25    325 ILCS 50/3from Ch. 23, par. 2283
26    325 ILCS 50/4from Ch. 23, par. 2284

 

 

HB3655- 2465 -LRB102 16922 WGH 22334 b

1    325 ILCS 50/5from Ch. 23, par. 2285
2    325 ILCS 55/1from Ch. 23, par. 2271
3    325 ILCS 55/2from Ch. 23, par. 2272
4    325 ILCS 55/3from Ch. 23, par. 2273
5    325 ILCS 55/4from Ch. 23, par. 2274
6    325 ILCS 55/5from Ch. 23, par. 2275
7    325 ILCS 55/6from Ch. 23, par. 2276
8    405 ILCS 5/6-103.1
9    405 ILCS 5/6-103.2
10    405 ILCS 5/6-103.3
11    410 ILCS 70/1afrom Ch. 111 1/2, par. 87-1a
12    410 ILCS 70/5from Ch. 111 1/2, par. 87-5
13    410 ILCS 70/6.4from Ch. 111 1/2, par. 87-6.4
14    410 ILCS 70/9.5
15    410 ILCS 82/40
16    410 ILCS 82/45
17    410 ILCS 130/85
18    410 ILCS 130/95
19    410 ILCS 130/100
20    410 ILCS 130/105
21    410 ILCS 130/145
22    410 ILCS 130/150
23    410 ILCS 130/180
24    410 ILCS 535/15.1from Ch. 111 1/2, par. 73-15.1
25    410 ILCS 535/25.1from Ch. 111 1/2, par. 73-25.1
26    410 ILCS 620/3.21from Ch. 56 1/2, par. 503.21

 

 

HB3655- 2466 -LRB102 16922 WGH 22334 b

1    410 ILCS 705/1-10
2    410 ILCS 705/5-20
3    410 ILCS 705/15-25
4    410 ILCS 705/15-30
5    410 ILCS 705/15-40
6    410 ILCS 705/15-65
7    410 ILCS 705/15-75
8    410 ILCS 705/15-100
9    410 ILCS 705/15-135
10    410 ILCS 705/20-15
11    410 ILCS 705/20-30
12    410 ILCS 705/20-35
13    410 ILCS 705/20-40
14    410 ILCS 705/25-30
15    410 ILCS 705/25-35
16    410 ILCS 705/30-10
17    410 ILCS 705/30-30
18    410 ILCS 705/30-35
19    410 ILCS 705/30-40
20    410 ILCS 705/35-10
21    410 ILCS 705/35-25
22    410 ILCS 705/35-30
23    410 ILCS 705/40-10
24    410 ILCS 705/40-25
25    410 ILCS 705/40-30
26    410 ILCS 705/40-35

 

 

HB3655- 2467 -LRB102 16922 WGH 22334 b

1    410 ILCS 705/55-15
2    410 ILCS 705/55-30
3    410 ILCS 705/55-35
4    410 ILCS 705/55-40
5    410 ILCS 705/55-50
6    410 ILCS 705/55-55
7    410 ILCS 705/55-80
8    420 ILCS 40/34from Ch. 111 1/2, par. 210-34
9    430 ILCS 65/1.1from Ch. 38, par. 83-1.1
10    430 ILCS 65/2from Ch. 38, par. 83-2
11    430 ILCS 65/3from Ch. 38, par. 83-3
12    430 ILCS 65/3.1from Ch. 38, par. 83-3.1
13    430 ILCS 65/3.3
14    430 ILCS 65/4from Ch. 38, par. 83-4
15    430 ILCS 65/5from Ch. 38, par. 83-5
16    430 ILCS 65/5.1
17    430 ILCS 65/6from Ch. 38, par. 83-6
18    430 ILCS 65/8from Ch. 38, par. 83-8
19    430 ILCS 65/8.1from Ch. 38, par. 83-8.1
20    430 ILCS 65/8.2
21    430 ILCS 65/8.3
22    430 ILCS 65/9.5
23    430 ILCS 65/10from Ch. 38, par. 83-10
24    430 ILCS 65/11from Ch. 38, par. 83-11
25    430 ILCS 65/13.1from Ch. 38, par. 83-13.1
26    430 ILCS 65/13.2from Ch. 38, par. 83-13.2

 

 

HB3655- 2468 -LRB102 16922 WGH 22334 b

1    430 ILCS 65/13.3
2    430 ILCS 65/15afrom Ch. 38, par. 83-15a
3    430 ILCS 65/15b
4    430 ILCS 66/5
5    430 ILCS 66/10
6    430 ILCS 66/15
7    430 ILCS 66/20
8    430 ILCS 66/25
9    430 ILCS 66/30
10    430 ILCS 66/35
11    430 ILCS 66/40
12    430 ILCS 66/45
13    430 ILCS 66/50
14    430 ILCS 66/55
15    430 ILCS 66/65
16    430 ILCS 66/70
17    430 ILCS 66/75
18    430 ILCS 66/80
19    430 ILCS 66/87
20    430 ILCS 66/95
21    430 ILCS 66/105
22    430 ILCS 67/35
23    430 ILCS 67/40
24    430 ILCS 67/50
25    430 ILCS 67/55
26    430 ILCS 67/60

 

 

HB3655- 2469 -LRB102 16922 WGH 22334 b

1    430 ILCS 68/5-5
2    430 ILCS 68/5-10
3    430 ILCS 68/5-15
4    430 ILCS 68/5-20
5    430 ILCS 68/5-30
6    430 ILCS 68/5-35
7    430 ILCS 68/5-40
8    430 ILCS 68/5-45
9    430 ILCS 68/5-50
10    430 ILCS 68/5-55
11    430 ILCS 68/5-60
12    430 ILCS 68/5-70
13    430 ILCS 68/5-75
14    430 ILCS 68/5-85
15    430 ILCS 68/5-95
16    430 ILCS 68/5-100
17    430 ILCS 68/5-105
18    430 ILCS 68/5-110
19    430 ILCS 68/5-115
20    430 ILCS 68/5-120
21    510 ILCS 72/35
22    510 ILCS 72/55
23    520 ILCS 5/3.5from Ch. 61, par. 3.5
24    605 ILCS 130/115
25    610 ILCS 80/2from Ch. 114, par. 98
26    620 ILCS 10/5from Ch. 15 1/2, par. 183

 

 

HB3655- 2470 -LRB102 16922 WGH 22334 b

1    620 ILCS 75/2-135
2    625 ILCS 5/1-129from Ch. 95 1/2, par. 1-129
3    625 ILCS 5/2-116from Ch. 95 1/2, par. 2-116
4    625 ILCS 5/2-119from Ch. 95 1/2, par. 2-119
5    625 ILCS 5/3-117.1from Ch. 95 1/2, par. 3-117.1
6    625 ILCS 5/3-405from Ch. 95 1/2, par. 3-405
7    625 ILCS 5/3-416from Ch. 95 1/2, par. 3-416
8    625 ILCS 5/4-107from Ch. 95 1/2, par. 4-107
9    625 ILCS 5/4-109
10    625 ILCS 5/4-202from Ch. 95 1/2, par. 4-202
11    625 ILCS 5/4-203.5
12    625 ILCS 5/4-205from Ch. 95 1/2, par. 4-205
13    625 ILCS 5/4-206from Ch. 95 1/2, par. 4-206
14    625 ILCS 5/4-209from Ch. 95 1/2, par. 4-209
15    625 ILCS 5/4-302from Ch. 95 1/2, par. 4-302
16    625 ILCS 5/5-102from Ch. 95 1/2, par. 5-102
17    625 ILCS 5/5-105from Ch. 95 1/2, par. 5-105
18    625 ILCS 5/5-401.2from Ch. 95 1/2, par. 5-401.2
19    625 ILCS 5/5-402.1from Ch. 95 1/2, par. 5-402.1
20    625 ILCS 5/6-106.1from Ch. 95 1/2, par. 6-106.1
21    625 ILCS 5/6-106.1a
22    625 ILCS 5/6-107.5
23    625 ILCS 5/6-112from Ch. 95 1/2, par. 6-112
24    625 ILCS 5/6-402from Ch. 95 1/2, par. 6-402
25    625 ILCS 5/6-411from Ch. 95 1/2, par. 6-411
26    625 ILCS 5/6-508from Ch. 95 1/2, par. 6-508

 

 

HB3655- 2471 -LRB102 16922 WGH 22334 b

1    625 ILCS 5/8-115from Ch. 95 1/2, par. 8-115
2    625 ILCS 5/11-212
3    625 ILCS 5/11-416from Ch. 95 1/2, par. 11-416
4    625 ILCS 5/11-501.01
5    625 ILCS 5/11-501.2from Ch. 95 1/2, par. 11-501.2
6    625 ILCS 5/11-501.4-1
7    625 ILCS 5/11-501.5from Ch. 95 1/2, par. 11-501.5
8    625 ILCS 5/11-501.6from Ch. 95 1/2, par. 11-501.6
9    625 ILCS 5/11-501.8
10    625 ILCS 5/11-501.10
11    625 ILCS 5/11-605.1
12    625 ILCS 5/11-907.1
13    625 ILCS 5/12-612
14    625 ILCS 5/13-109.1
15    625 ILCS 5/15-102from Ch. 95 1/2, par. 15-102
16    625 ILCS 5/15-112from Ch. 95 1/2, par. 15-112
17    625 ILCS 5/15-201from Ch. 95 1/2, par. 15-201
18    625 ILCS 5/15-202from Ch. 95 1/2, par. 15-202
19    625 ILCS 5/15-203from Ch. 95 1/2, par. 15-203
20    625 ILCS 5/15-305from Ch. 95 1/2, par. 15-305
21    625 ILCS 5/16-102from Ch. 95 1/2, par. 16-102
22    625 ILCS 5/16-105from Ch. 95 1/2, par. 16-105
23    625 ILCS 5/18a-200from Ch. 95 1/2, par. 18a-200
24    625 ILCS 5/18b-112
25    625 ILCS 5/18c-1702from Ch. 95 1/2, par. 18c-1702
26    625 ILCS 5/18c-4601from Ch. 95 1/2, par. 18c-4601

 

 

HB3655- 2472 -LRB102 16922 WGH 22334 b

1    625 ILCS 7/10
2    625 ILCS 7/25
3    625 ILCS 25/7from Ch. 95 1/2, par. 1107
4    625 ILCS 45/3A-6from Ch. 95 1/2, par. 313A-6
5    625 ILCS 45/3C-2from Ch. 95 1/2, par. 313C-2
6    625 ILCS 45/3C-5from Ch. 95 1/2, par. 313C-5
7    625 ILCS 45/3C-9from Ch. 95 1/2, par. 313C-9
8    625 ILCS 45/5-16bfrom Ch. 95 1/2, par. 315-11b
9    625 ILCS 45/5-16c
10    625 ILCS 45/5-22
11    625 ILCS 45/6-1from Ch. 95 1/2, par. 316-1
12    630 ILCS 5/70
13    705 ILCS 105/27.3b-1
14    705 ILCS 135/10-5
15    705 ILCS 135/15-70
16    705 ILCS 405/1-3from Ch. 37, par. 801-3
17    705 ILCS 405/1-7from Ch. 37, par. 801-7
18    705 ILCS 405/1-8from Ch. 37, par. 801-8
19    705 ILCS 405/2-21from Ch. 37, par. 802-21
20    705 ILCS 405/2-25from Ch. 37, par. 802-25
21    705 ILCS 405/3-26from Ch. 37, par. 803-26
22    705 ILCS 405/4-23from Ch. 37, par. 804-23
23    705 ILCS 405/5-105
24    705 ILCS 405/5-301
25    705 ILCS 405/5-305
26    705 ILCS 405/5-730

 

 

HB3655- 2473 -LRB102 16922 WGH 22334 b

1    705 ILCS 405/5-901
2    705 ILCS 405/5-915
3    720 ILCS 5/3-7from Ch. 38, par. 3-7
4    720 ILCS 5/12-38
5    720 ILCS 5/12C-15was 720 ILCS 5/12-22
6    720 ILCS 5/14-3
7    720 ILCS 5/17-6.3
8    720 ILCS 5/24-1from Ch. 38, par. 24-1
9    720 ILCS 5/24-1.1from Ch. 38, par. 24-1.1
10    720 ILCS 5/24-3from Ch. 38, par. 24-3
11    720 ILCS 5/24-3B
12    720 ILCS 5/24-6from Ch. 38, par. 24-6
13    720 ILCS 5/24-8
14    720 ILCS 5/24.8-5
15    720 ILCS 5/28-5from Ch. 38, par. 28-5
16    720 ILCS 5/29B-0.5
17    720 ILCS 5/29B-3
18    720 ILCS 5/29B-4
19    720 ILCS 5/29B-12
20    720 ILCS 5/29B-20
21    720 ILCS 5/29B-25
22    720 ILCS 5/29B-26
23    720 ILCS 5/32-2from Ch. 38, par. 32-2
24    720 ILCS 5/32-8from Ch. 38, par. 32-8
25    720 ILCS 5/33-2from Ch. 38, par. 33-2
26    720 ILCS 5/33-3.1

 

 

HB3655- 2474 -LRB102 16922 WGH 22334 b

1    720 ILCS 5/33-3.2
2    720 ILCS 5/36-1.1
3    720 ILCS 5/36-1.3
4    720 ILCS 5/36-2.2
5    720 ILCS 5/36-7
6    720 ILCS 550/3from Ch. 56 1/2, par. 703
7    720 ILCS 550/4from Ch. 56 1/2, par. 704
8    720 ILCS 550/8from Ch. 56 1/2, par. 708
9    720 ILCS 550/10.2from Ch. 56 1/2, par. 710.2
10    720 ILCS 550/11from Ch. 56 1/2, par. 711
11    720 ILCS 550/15.2
12    720 ILCS 550/16.2
13    720 ILCS 550/17from Ch. 56 1/2, par. 717
14    720 ILCS 570/102from Ch. 56 1/2, par. 1102
15    720 ILCS 646/10
16    720 ILCS 646/90
17    720 ILCS 646/95
18    720 ILCS 648/10
19    720 ILCS 649/10
20    720 ILCS 649/15
21    720 ILCS 649/20
22    720 ILCS 649/25
23    720 ILCS 675/1from Ch. 23, par. 2357
24    725 ILCS 5/104-26from Ch. 38, par. 104-26
25    725 ILCS 5/107-4from Ch. 38, par. 107-4
26    725 ILCS 5/108A-11from Ch. 38, par. 108A-11

 

 

HB3655- 2475 -LRB102 16922 WGH 22334 b

1    725 ILCS 5/108B-1from Ch. 38, par. 108B-1
2    725 ILCS 5/108B-2from Ch. 38, par. 108B-2
3    725 ILCS 5/108B-5from Ch. 38, par. 108B-5
4    725 ILCS 5/108B-13from Ch. 38, par. 108B-13
5    725 ILCS 5/108B-14from Ch. 38, par. 108B-14
6    725 ILCS 5/110-7from Ch. 38, par. 110-7
7    725 ILCS 5/112A-11.1
8    725 ILCS 5/112A-11.2
9    725 ILCS 5/112A-14from Ch. 38, par. 112A-14
10    725 ILCS 5/112A-14.7
11    725 ILCS 5/112A-17.5
12    725 ILCS 5/112A-20from Ch. 38, par. 112A-20
13    725 ILCS 5/112A-22from Ch. 38, par. 112A-22
14    725 ILCS 5/112A-28from Ch. 38, par. 112A-28
15    725 ILCS 5/115-15
16    725 ILCS 5/116-3
17    725 ILCS 5/116-4
18    725 ILCS 5/116-5
19    725 ILCS 5/124B-605
20    725 ILCS 5/124B-705
21    725 ILCS 5/124B-710
22    725 ILCS 5/124B-930
23    725 ILCS 5/124B-935
24    725 ILCS 150/3.1
25    725 ILCS 150/3.3
26    725 ILCS 150/4from Ch. 56 1/2, par. 1674

 

 

HB3655- 2476 -LRB102 16922 WGH 22334 b

1    725 ILCS 150/5.1
2    725 ILCS 150/6from Ch. 56 1/2, par. 1676
3    725 ILCS 150/11from Ch. 56 1/2, par. 1681
4    725 ILCS 150/13.1 was 725 ILCS 150/15
5    725 ILCS 150/13.2was 725 ILCS 150/17
6    725 ILCS 175/5from Ch. 56 1/2, par. 1655
7    725 ILCS 175/5.2from Ch. 56 1/2, par. 1655.2
8    725 ILCS 202/5
9    725 ILCS 202/10
10    725 ILCS 202/15
11    725 ILCS 202/20
12    725 ILCS 202/25
13    725 ILCS 202/35
14    725 ILCS 202/42
15    725 ILCS 202/45
16    725 ILCS 202/50
17    725 ILCS 203/15
18    725 ILCS 203/20
19    725 ILCS 203/35
20    725 ILCS 207/45
21    730 ILCS 5/3-2-2from Ch. 38, par. 1003-2-2
22    730 ILCS 5/3-2.7-25
23    730 ILCS 5/3-3-2from Ch. 38, par. 1003-3-2
24    730 ILCS 5/3-14-1from Ch. 38, par. 1003-14-1
25    730 ILCS 5/3-14-1.5
26    730 ILCS 5/3-17-5

 

 

HB3655- 2477 -LRB102 16922 WGH 22334 b

1    730 ILCS 5/5-2-4from Ch. 38, par. 1005-2-4
2    730 ILCS 5/5-4-3from Ch. 38, par. 1005-4-3
3    730 ILCS 5/5-4-3a
4    730 ILCS 5/5-4-3b
5    730 ILCS 5/5-5-4from Ch. 38, par. 1005-5-4
6    730 ILCS 5/5-5.5-40
7    730 ILCS 5/5-6-3from Ch. 38, par. 1005-6-3
8    730 ILCS 5/5-9-1.2from Ch. 38, par. 1005-9-1.2
9    730 ILCS 5/5-9-1.4from Ch. 38, par. 1005-9-1.4
10    730 ILCS 5/5-9-1.9
11    730 ILCS 148/10
12    730 ILCS 148/15
13    730 ILCS 148/20
14    730 ILCS 148/25
15    730 ILCS 148/30
16    730 ILCS 148/35
17    730 ILCS 148/45
18    730 ILCS 148/50
19    730 ILCS 148/55
20    730 ILCS 148/60
21    730 ILCS 148/70
22    730 ILCS 148/75
23    730 ILCS 148/80
24    730 ILCS 150/3
25    730 ILCS 150/4from Ch. 38, par. 224
26    730 ILCS 150/5from Ch. 38, par. 225

 

 

HB3655- 2478 -LRB102 16922 WGH 22334 b

1    730 ILCS 150/5-5
2    730 ILCS 150/5-10
3    730 ILCS 150/6
4    730 ILCS 150/7from Ch. 38, par. 227
5    730 ILCS 150/8from Ch. 38, par. 228
6    730 ILCS 150/8-5
7    730 ILCS 150/11
8    730 ILCS 152/115
9    730 ILCS 152/116
10    730 ILCS 152/117
11    730 ILCS 152/120
12    730 ILCS 152/121
13    730 ILCS 154/10
14    730 ILCS 154/11
15    730 ILCS 154/13
16    730 ILCS 154/15
17    730 ILCS 154/20
18    730 ILCS 154/25
19    730 ILCS 154/30
20    730 ILCS 154/40
21    730 ILCS 154/45
22    730 ILCS 154/46
23    730 ILCS 154/50
24    730 ILCS 154/85
25    730 ILCS 154/90
26    730 ILCS 154/95

 

 

HB3655- 2479 -LRB102 16922 WGH 22334 b

1    730 ILCS 154/100
2    730 ILCS 180/10
3    730 ILCS 180/15
4    730 ILCS 195/15
5    735 ILCS 5/2-202from Ch. 110, par. 2-202
6    735 ILCS 5/2-702
7    735 ILCS 5/21-101from Ch. 110, par. 21-101
8    735 ILCS 5/21-102from Ch. 110, par. 21-102
9    735 ILCS 5/21-102.5
10    735 ILCS 5/21-103from Ch. 110, par. 21-103
11    740 ILCS 21/80
12    740 ILCS 21/115
13    740 ILCS 21/135
14    740 ILCS 22/218
15    740 ILCS 22/302
16    740 ILCS 40/1from Ch. 100 1/2, par. 14
17    740 ILCS 40/3from Ch. 100 1/2, par. 16
18    740 ILCS 40/7from Ch. 100 1/2, par. 20
19    740 ILCS 110/12from Ch. 91 1/2, par. 812
20    740 ILCS 110/12.2from Ch. 91 1/2, par. 812.2
21    740 ILCS 175/2from Ch. 127, par. 4102
22    740 ILCS 175/4from Ch. 127, par. 4104
23    740 ILCS 175/8from Ch. 127, par. 4108
24    750 ILCS 5/607.5
25    750 ILCS 50/6from Ch. 40, par. 1508
26    750 ILCS 50/12.3

 

 

HB3655- 2480 -LRB102 16922 WGH 22334 b

1    750 ILCS 60/214from Ch. 40, par. 2312-14
2    750 ILCS 60/217from Ch. 40, par. 2312-17
3    750 ILCS 60/220from Ch. 40, par. 2312-20
4    750 ILCS 60/222from Ch. 40, par. 2312-22
5    750 ILCS 60/222.5
6    750 ILCS 60/302from Ch. 40, par. 2313-2
7    755 ILCS 5/2-6.6
8    755 ILCS 5/11a-24
9    760 ILCS 55/16.5
10    765 ILCS 1026/15-705
11    765 ILCS 1030/2from Ch. 141, par. 142
12    775 ILCS 5/2-103from Ch. 68, par. 2-103
13    775 ILCS 40/60
14    805 ILCS 405/5from Ch. 96, par. 8
15    815 ILCS 325/6.5
16    815 ILCS 505/2L
17    820 ILCS 70/5
18    820 ILCS 405/1900from Ch. 48, par. 640