102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB4499

 

Introduced 1/21/2022, by Rep. Patrick Windhorst - Jim Durkin - Ryan Spain - Tim Butler - Dave Severin, et al.

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Repeals the Statewide Use of Force Standardization Act, the No Representation Without Population Act, the Reporting of Deaths in Custody Act, and the Task Force on Constitutional Rights and Remedies Act. Restores various provisions of specified Acts to the form in which they existed before their amendment by Public Acts 101-652 and 102-28, except for changes made to the Crime Victims Compensation Act. Effective immediately.


LRB102 21455 LNS 30572 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4499LRB102 21455 LNS 30572 b

1    AN ACT concerning law enforcement.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    (5 ILCS 845/Act rep.)
5    Section 1. The Statewide Use of Force Standardization Act
6is repealed.
 
7    (730 ILCS 205/Act rep.)
8    Section 5. The No Representation Without Population Act is
9repealed.
 
10    (730 ILCS 210/Act rep.)
11    Section 10. The Reporting of Deaths in Custody Act is
12repealed.
 
13    (20 ILCS 5165/Act rep.)
14    Section 15. The Task Force on Constitutional Rights and
15Remedies Act is repealed.
 
16    (5 ILCS 70/1.43 rep.)
17    Section 20. The Statute on Statutes is amended by
18repealing Section 1.43.
 
19    Section 25. The Freedom of Information Act is amended by

 

 

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

 

 

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1the requesting party is the individual identified, except as
2provided under Section 7(1)(d)(vi).
3    (c) Information described in items (iii) through (vi) of
4subsection (a) may be withheld if it is determined that
5disclosure would: (i) interfere with pending or actually and
6reasonably contemplated law enforcement proceedings conducted
7by any law enforcement agency; (ii) endanger the life or
8physical safety of law enforcement or correctional personnel
9or any other person; or (iii) compromise the security of any
10correctional facility.
11    (d) The provisions of this Section do not supersede the
12confidentiality provisions for law enforcement or arrest
13records of the Juvenile Court Act of 1987.
14    (e) Notwithstanding the requirements of subsection (a), a
15law enforcement agency may not publish booking photographs,
16commonly known as "mugshots", on its social networking website
17in connection with civil offenses, petty offenses, business
18offenses, Class C misdemeanors, and Class B misdemeanors
19unless the booking photograph is posted to the social
20networking website to assist in the search for a missing
21person or to assist in the search for a fugitive, person of
22interest, or individual wanted in relation to a crime other
23than a petty offense, business offense, Class C misdemeanor,
24or Class B misdemeanor. As used in this subsection, "social
25networking website" has the meaning provided in Section 10 of
26the Right to Privacy in the Workplace Act.

 

 

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1(Source: P.A. 100-927, eff. 1-1-19; 101-433, eff. 8-20-19;
2101-652.)
 
3    Section 30. The State Records Act is amended by changing
4Section 4a as follows:
 
5    (5 ILCS 160/4a)
6    Sec. 4a. Arrest records and reports.
7    (a) When an individual is arrested, the following
8information must be made available to the news media for
9inspection and copying:
10        (1) Information that identifies the individual,
11    including the name, age, address, and photograph, when and
12    if available.
13        (2) Information detailing any charges relating to the
14    arrest.
15        (3) The time and location of the arrest.
16        (4) The name of the investigating or arresting law
17    enforcement agency.
18        (5) If the individual is incarcerated, the conditions
19    of pretrial release amount of any bail or bond.
20        (6) If the individual is incarcerated, the time and
21    date that the individual was received, discharged, or
22    transferred from the arresting agency's custody.
23    (b) The information required by this Section must be made
24available to the news media for inspection and copying as soon

 

 

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1as practicable, but in no event shall the time period exceed 72
2hours from the arrest. The information described in paragraphs
3(3), (4), (5), and (6) of subsection (a), however, may be
4withheld if it is determined that disclosure would:
5        (1) interfere with pending or actually and reasonably
6    contemplated law enforcement proceedings conducted by any
7    law enforcement or correctional agency;
8        (2) endanger the life or physical safety of law
9    enforcement or correctional personnel or any other person;
10    or
11        (3) compromise the security of any correctional
12    facility.
13    (c) For the purposes of this Section, the term "news
14media" means personnel of a newspaper or other periodical
15issued at regular intervals whether in print or electronic
16format, a news service whether in print or electronic format,
17a radio station, a television station, a television network, a
18community antenna television service, or a person or
19corporation engaged in making news reels or other motion
20picture news for public showing.
21    (d) Each law enforcement or correctional agency may charge
22fees for arrest records, but in no instance may the fee exceed
23the actual cost of copying and reproduction. The fees may not
24include the cost of the labor used to reproduce the arrest
25record.
26    (e) The provisions of this Section do not supersede the

 

 

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1confidentiality provisions for arrest records of the Juvenile
2Court Act of 1987.
3    (f) All information, including photographs, made available
4under this Section is subject to the provisions of Section
52QQQ of the Consumer Fraud and Deceptive Business Practices
6Act.
7    (g) Notwithstanding the requirements of subsection (a), a
8law enforcement agency may not publish booking photographs,
9commonly known as "mugshots", on its social networking website
10in connection with civil offenses, petty offenses, business
11offenses, Class C misdemeanors, and Class B misdemeanors
12unless the booking photograph is posted to the social
13networking website to assist in the search for a missing
14person or to assist in the search for a fugitive, person of
15interest, or individual wanted in relation to a crime other
16than a petty offense, business offense, Class C misdemeanor,
17or Class B misdemeanor. As used in this subsection, "social
18networking website" has the meaning provided in Section 10 of
19the Right to Privacy in the Workplace Act.
20(Source: P.A. 101-433, eff. 8-20-19; 101-652.)
 
21    Section 35. The Illinois Public Labor Relations Act is
22amended by changing Section 14 as follows:
 
23    (5 ILCS 315/14)  (from Ch. 48, par. 1614)
24    (Text of Section before amendment by P.A. 101-652)

 

 

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1    Sec. 14. Security employee, peace officer and fire fighter
2disputes.
3    (a) In the case of collective bargaining agreements
4involving units of security employees of a public employer,
5Peace Officer Units, or units of fire fighters or paramedics,
6and in the case of disputes under Section 18, unless the
7parties mutually agree to some other time limit, mediation
8shall commence 30 days prior to the expiration date of such
9agreement or at such later time as the mediation services
10chosen under subsection (b) of Section 12 can be provided to
11the parties. In the case of negotiations for an initial
12collective bargaining agreement, mediation shall commence upon
1315 days notice from either party or at such later time as the
14mediation services chosen pursuant to subsection (b) of
15Section 12 can be provided to the parties. In mediation under
16this Section, if either party requests the use of mediation
17services from the Federal Mediation and Conciliation Service,
18the other party shall either join in such request or bear the
19additional cost of mediation services from another source. The
20mediator shall have a duty to keep the Board informed on the
21progress of the mediation. If any dispute has not been
22resolved within 15 days after the first meeting of the parties
23and the mediator, or within such other time limit as may be
24mutually agreed upon by the parties, either the exclusive
25representative or employer may request of the other, in
26writing, arbitration, and shall submit a copy of the request

 

 

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1to the Board.
2    (b) Within 10 days after such a request for arbitration
3has been made, the employer shall choose a delegate and the
4employees' exclusive representative shall choose a delegate to
5a panel of arbitration as provided in this Section. The
6employer and employees shall forthwith advise the other and
7the Board of their selections.
8    (c) Within 7 days after the request of either party, the
9parties shall request a panel of impartial arbitrators from
10which they shall select the neutral chairman according to the
11procedures provided in this Section. If the parties have
12agreed to a contract that contains a grievance resolution
13procedure as provided in Section 8, the chairman shall be
14selected using their agreed contract procedure unless they
15mutually agree to another procedure. If the parties fail to
16notify the Board of their selection of neutral chairman within
177 days after receipt of the list of impartial arbitrators, the
18Board shall appoint, at random, a neutral chairman from the
19list. In the absence of an agreed contract procedure for
20selecting an impartial arbitrator, either party may request a
21panel from the Board. Within 7 days of the request of either
22party, the Board shall select from the Public Employees Labor
23Mediation Roster 7 persons who are on the labor arbitration
24panels of either the American Arbitration Association or the
25Federal Mediation and Conciliation Service, or who are members
26of the National Academy of Arbitrators, as nominees for

 

 

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1impartial arbitrator of the arbitration panel. The parties may
2select an individual on the list provided by the Board or any
3other individual mutually agreed upon by the parties. Within 7
4days following the receipt of the list, the parties shall
5notify the Board of the person they have selected. Unless the
6parties agree on an alternate selection procedure, they shall
7alternatively strike one name from the list provided by the
8Board until only one name remains. A coin toss shall determine
9which party shall strike the first name. If the parties fail to
10notify the Board in a timely manner of their selection for
11neutral chairman, the Board shall appoint a neutral chairman
12from the Illinois Public Employees Mediation/Arbitration
13Roster.
14    (d) The chairman shall call a hearing to begin within 15
15days and give reasonable notice of the time and place of the
16hearing. The hearing shall be held at the offices of the Board
17or at such other location as the Board deems appropriate. The
18chairman shall preside over the hearing and shall take
19testimony. Any oral or documentary evidence and other data
20deemed relevant by the arbitration panel may be received in
21evidence. The proceedings shall be informal. Technical rules
22of evidence shall not apply and the competency of the evidence
23shall not thereby be deemed impaired. A verbatim record of the
24proceedings shall be made and the arbitrator shall arrange for
25the necessary recording service. Transcripts may be ordered at
26the expense of the party ordering them, but the transcripts

 

 

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1shall not be necessary for a decision by the arbitration
2panel. The expense of the proceedings, including a fee for the
3chairman, shall be borne equally by each of the parties to the
4dispute. The delegates, if public officers or employees, shall
5continue on the payroll of the public employer without loss of
6pay. The hearing conducted by the arbitration panel may be
7adjourned from time to time, but unless otherwise agreed by
8the parties, shall be concluded within 30 days of the time of
9its commencement. Majority actions and rulings shall
10constitute the actions and rulings of the arbitration panel.
11Arbitration proceedings under this Section shall not be
12interrupted or terminated by reason of any unfair labor
13practice charge filed by either party at any time.
14    (e) The arbitration panel may administer oaths, require
15the attendance of witnesses, and the production of such books,
16papers, contracts, agreements and documents as may be deemed
17by it material to a just determination of the issues in
18dispute, and for such purpose may issue subpoenas. If any
19person refuses to obey a subpoena, or refuses to be sworn or to
20testify, or if any witness, party or attorney is guilty of any
21contempt while in attendance at any hearing, the arbitration
22panel may, or the attorney general if requested shall, invoke
23the aid of any circuit court within the jurisdiction in which
24the hearing is being held, which court shall issue an
25appropriate order. Any failure to obey the order may be
26punished by the court as contempt.

 

 

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1    (f) At any time before the rendering of an award, the
2chairman of the arbitration panel, if he is of the opinion that
3it would be useful or beneficial to do so, may remand the
4dispute to the parties for further collective bargaining for a
5period not to exceed 2 weeks. If the dispute is remanded for
6further collective bargaining the time provisions of this Act
7shall be extended for a time period equal to that of the
8remand. The chairman of the panel of arbitration shall notify
9the Board of the remand.
10    (g) At or before the conclusion of the hearing held
11pursuant to subsection (d), the arbitration panel shall
12identify the economic issues in dispute, and direct each of
13the parties to submit, within such time limit as the panel
14shall prescribe, to the arbitration panel and to each other
15its last offer of settlement on each economic issue. The
16determination of the arbitration panel as to the issues in
17dispute and as to which of these issues are economic shall be
18conclusive. The arbitration panel, within 30 days after the
19conclusion of the hearing, or such further additional periods
20to which the parties may agree, shall make written findings of
21fact and promulgate a written opinion and shall mail or
22otherwise deliver a true copy thereof to the parties and their
23representatives and to the Board. As to each economic issue,
24the arbitration panel shall adopt the last offer of settlement
25which, in the opinion of the arbitration panel, more nearly
26complies with the applicable factors prescribed in subsection

 

 

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1(h). The findings, opinions and order as to all other issues
2shall be based upon the applicable factors prescribed in
3subsection (h).
4    (h) Where there is no agreement between the parties, or
5where there is an agreement but the parties have begun
6negotiations or discussions looking to a new agreement or
7amendment of the existing agreement, and wage rates or other
8conditions of employment under the proposed new or amended
9agreement are in dispute, the arbitration panel shall base its
10findings, opinions and order upon the following factors, as
11applicable:
12        (1) The lawful authority of the employer.
13        (2) Stipulations of the parties.
14        (3) The interests and welfare of the public and the
15    financial ability of the unit of government to meet those
16    costs.
17        (4) Comparison of the wages, hours and conditions of
18    employment of the employees involved in the arbitration
19    proceeding with the wages, hours and conditions of
20    employment of other employees performing similar services
21    and with other employees generally:
22            (A) In public employment in comparable
23        communities.
24            (B) In private employment in comparable
25        communities.
26        (5) The average consumer prices for goods and

 

 

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1    services, commonly known as the cost of living.
2        (6) The overall compensation presently received by the
3    employees, including direct wage compensation, vacations,
4    holidays and other excused time, insurance and pensions,
5    medical and hospitalization benefits, the continuity and
6    stability of employment and all other benefits received.
7        (7) Changes in any of the foregoing circumstances
8    during the pendency of the arbitration proceedings.
9        (8) Such other factors, not confined to the foregoing,
10    which are normally or traditionally taken into
11    consideration in the determination of wages, hours and
12    conditions of employment through voluntary collective
13    bargaining, mediation, fact-finding, arbitration or
14    otherwise between the parties, in the public service or in
15    private employment.
16    (i) In the case of peace officers, the arbitration
17decision shall be limited to wages, hours, and conditions of
18employment (which may include residency requirements in
19municipalities with a population under 1,000,000 1,000,000,
20but those residency requirements shall not allow residency
21outside of Illinois) and shall not include the following: i)
22residency requirements in municipalities with a population of
23at least 1,000,000 1,000,000; ii) the type of equipment, other
24than uniforms, issued or used; iii) manning; iv) the total
25number of employees employed by the department; v) mutual aid
26and assistance agreements to other units of government; and

 

 

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

 

 

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1regarding equipment levels if such decision is based on a
2finding that the equipment considerations in a specific work
3assignment involve a serious risk to the safety of a fire
4fighter beyond that which is inherent in the normal
5performance of fire fighter duties. Limitation of the terms of
6the arbitration decision pursuant to this subsection shall not
7be construed to limit the facts upon which the decision may be
8based, as set forth in subsection (h).
9    The changes to this subsection (i) made by Public Act
1090-385 (relating to residency requirements) do not apply to
11persons who are employed by a combined department that
12performs both police and firefighting services; these persons
13shall be governed by the provisions of this subsection (i)
14relating to peace officers, as they existed before the
15amendment by Public Act 90-385.
16    To preserve historical bargaining rights, this subsection
17shall not apply to any provision of a fire fighter collective
18bargaining agreement in effect and applicable on the effective
19date of this Act; provided, however, nothing herein shall
20preclude arbitration with respect to any such provision.
21    (j) Arbitration procedures shall be deemed to be initiated
22by the filing of a letter requesting mediation as required
23under subsection (a) of this Section. The commencement of a
24new municipal fiscal year after the initiation of arbitration
25procedures under this Act, but before the arbitration
26decision, or its enforcement, shall not be deemed to render a

 

 

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1dispute moot, or to otherwise impair the jurisdiction or
2authority of the arbitration panel or its decision. Increases
3in rates of compensation awarded by the arbitration panel may
4be effective only at the start of the fiscal year next
5commencing after the date of the arbitration award. If a new
6fiscal year has commenced either since the initiation of
7arbitration procedures under this Act or since any mutually
8agreed extension of the statutorily required period of
9mediation under this Act by the parties to the labor dispute
10causing a delay in the initiation of arbitration, the
11foregoing limitations shall be inapplicable, and such awarded
12increases may be retroactive to the commencement of the fiscal
13year, any other statute or charter provisions to the contrary,
14notwithstanding. At any time the parties, by stipulation, may
15amend or modify an award of arbitration.
16    (k) Orders of the arbitration panel shall be reviewable,
17upon appropriate petition by either the public employer or the
18exclusive bargaining representative, by the circuit court for
19the county in which the dispute arose or in which a majority of
20the affected employees reside, but only for reasons that the
21arbitration panel was without or exceeded its statutory
22authority; the order is arbitrary, or capricious; or the order
23was procured by fraud, collusion or other similar and unlawful
24means. Such petitions for review must be filed with the
25appropriate circuit court within 90 days following the
26issuance of the arbitration order. The pendency of such

 

 

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1proceeding for review shall not automatically stay the order
2of the arbitration panel. The party against whom the final
3decision of any such court shall be adverse, if such court
4finds such appeal or petition to be frivolous, shall pay
5reasonable attorneys' fees and costs to the successful party
6as determined by said court in its discretion. If said court's
7decision affirms the award of money, such award, if
8retroactive, shall bear interest at the rate of 12 percent per
9annum from the effective retroactive date.
10    (l) During the pendency of proceedings before the
11arbitration panel, existing wages, hours, and other conditions
12of employment shall not be changed by action of either party
13without the consent of the other but a party may so consent
14without prejudice to his rights or position under this Act.
15The proceedings are deemed to be pending before the
16arbitration panel upon the initiation of arbitration
17procedures under this Act.
18    (m) Security officers of public employers, and Peace
19Officers, Fire Fighters and fire department and fire
20protection district paramedics, covered by this Section may
21not withhold services, nor may public employers lock out or
22prevent such employees from performing services at any time.
23    (n) All of the terms decided upon by the arbitration panel
24shall be included in an agreement to be submitted to the public
25employer's governing body for ratification and adoption by
26law, ordinance or the equivalent appropriate means.

 

 

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1    The governing body shall review each term decided by the
2arbitration panel. If the governing body fails to reject one
3or more terms of the arbitration panel's decision by a 3/5 vote
4of those duly elected and qualified members of the governing
5body, within 20 days of issuance, or in the case of
6firefighters employed by a state university, at the next
7regularly scheduled meeting of the governing body after
8issuance, such term or terms shall become a part of the
9collective bargaining agreement of the parties. If the
10governing body affirmatively rejects one or more terms of the
11arbitration panel's decision, it must provide reasons for such
12rejection with respect to each term so rejected, within 20
13days of such rejection and the parties shall return to the
14arbitration panel for further proceedings and issuance of a
15supplemental decision with respect to the rejected terms. Any
16supplemental decision by an arbitration panel or other
17decision maker agreed to by the parties shall be submitted to
18the governing body for ratification and adoption in accordance
19with the procedures and voting requirements set forth in this
20Section. The voting requirements of this subsection shall
21apply to all disputes submitted to arbitration pursuant to
22this Section notwithstanding any contrary voting requirements
23contained in any existing collective bargaining agreement
24between the parties.
25    (o) If the governing body of the employer votes to reject
26the panel's decision, the parties shall return to the panel

 

 

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1within 30 days from the issuance of the reasons for rejection
2for further proceedings and issuance of a supplemental
3decision. All reasonable costs of such supplemental proceeding
4including the exclusive representative's reasonable attorney's
5fees, as established by the Board, shall be paid by the
6employer.
7    (p) Notwithstanding the provisions of this Section the
8employer and exclusive representative may agree to submit
9unresolved disputes concerning wages, hours, terms and
10conditions of employment to an alternative form of impasse
11resolution.
12(Source: P.A. 98-535, eff. 1-1-14; 98-1151, eff. 1-7-15.)
 
13    (Text of Section after amendment by P.A. 101-652)
14    Sec. 14. Security employee, peace officer and fire fighter
15disputes.
16    (a) In the case of collective bargaining agreements
17involving units of security employees of a public employer,
18Peace Officer Units, or units of fire fighters or paramedics,
19and in the case of disputes under Section 18, unless the
20parties mutually agree to some other time limit, mediation
21shall commence 30 days prior to the expiration date of such
22agreement or at such later time as the mediation services
23chosen under subsection (b) of Section 12 can be provided to
24the parties. In the case of negotiations for an initial
25collective bargaining agreement, mediation shall commence upon

 

 

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115 days notice from either party or at such later time as the
2mediation services chosen pursuant to subsection (b) of
3Section 12 can be provided to the parties. In mediation under
4this Section, if either party requests the use of mediation
5services from the Federal Mediation and Conciliation Service,
6the other party shall either join in such request or bear the
7additional cost of mediation services from another source. The
8mediator shall have a duty to keep the Board informed on the
9progress of the mediation. If any dispute has not been
10resolved within 15 days after the first meeting of the parties
11and the mediator, or within such other time limit as may be
12mutually agreed upon by the parties, either the exclusive
13representative or employer may request of the other, in
14writing, arbitration, and shall submit a copy of the request
15to the Board.
16    (b) Within 10 days after such a request for arbitration
17has been made, the employer shall choose a delegate and the
18employees' exclusive representative shall choose a delegate to
19a panel of arbitration as provided in this Section. The
20employer and employees shall forthwith advise the other and
21the Board of their selections.
22    (c) Within 7 days after the request of either party, the
23parties shall request a panel of impartial arbitrators from
24which they shall select the neutral chairman according to the
25procedures provided in this Section. If the parties have
26agreed to a contract that contains a grievance resolution

 

 

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

 

 

HB4499- 22 -LRB102 21455 LNS 30572 b

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

 

 

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

 

 

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

 

 

HB4499- 25 -LRB102 21455 LNS 30572 b

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

 

 

HB4499- 26 -LRB102 21455 LNS 30572 b

1    bargaining, mediation, fact-finding, arbitration or
2    otherwise between the parties, in the public service or in
3    private employment.
4    (i) In the case of peace officers, the arbitration
5decision shall be limited to wages, hours, and conditions of
6employment (which may include residency requirements in
7municipalities with a population under 100,000 1,000,000, but
8those residency requirements shall not allow residency outside
9of Illinois) and shall not include the following: i) residency
10requirements in municipalities with a population of at least
11100,000 1,000,000; ii) the type of equipment, other than
12uniforms, issued or used; iii) manning; iv) the total number
13of employees employed by the department; v) mutual aid and
14assistance agreements to other units of government; and vi)
15the criterion pursuant to which force, including deadly force,
16can be used; provided, nothing herein shall preclude an
17arbitration decision regarding equipment or manning levels if
18such decision is based on a finding that the equipment or
19manning considerations in a specific work assignment involve a
20serious risk to the safety of a peace officer beyond that which
21is inherent in the normal performance of police duties.
22Limitation of the terms of the arbitration decision pursuant
23to this subsection shall not be construed to limit the factors
24upon which the decision may be based, as set forth in
25subsection (h).
26    In the case of fire fighter, and fire department or fire

 

 

HB4499- 27 -LRB102 21455 LNS 30572 b

1district paramedic matters, the arbitration decision shall be
2limited to wages, hours, and conditions of employment
3(including manning and also including residency requirements
4in municipalities with a population under 1,000,000, but those
5residency requirements shall not allow residency outside of
6Illinois) and shall not include the following matters: i)
7residency requirements in municipalities with a population of
8at least 1,000,000; ii) the type of equipment (other than
9uniforms and fire fighter turnout gear) issued or used; iii)
10the total number of employees employed by the department; iv)
11mutual aid and assistance agreements to other units of
12government; and v) the criterion pursuant to which force,
13including deadly force, can be used; provided, however,
14nothing herein shall preclude an arbitration decision
15regarding equipment levels if such decision is based on a
16finding that the equipment considerations in a specific work
17assignment involve a serious risk to the safety of a fire
18fighter beyond that which is inherent in the normal
19performance of fire fighter duties. Limitation of the terms of
20the arbitration decision pursuant to this subsection shall not
21be construed to limit the facts upon which the decision may be
22based, as set forth in subsection (h).
23    The changes to this subsection (i) made by Public Act
2490-385 (relating to residency requirements) do not apply to
25persons who are employed by a combined department that
26performs both police and firefighting services; these persons

 

 

HB4499- 28 -LRB102 21455 LNS 30572 b

1shall be governed by the provisions of this subsection (i)
2relating to peace officers, as they existed before the
3amendment by Public Act 90-385.
4    To preserve historical bargaining rights, this subsection
5shall not apply to any provision of a fire fighter collective
6bargaining agreement in effect and applicable on the effective
7date of this Act; provided, however, nothing herein shall
8preclude arbitration with respect to any such provision.
9    (j) Arbitration procedures shall be deemed to be initiated
10by the filing of a letter requesting mediation as required
11under subsection (a) of this Section. The commencement of a
12new municipal fiscal year after the initiation of arbitration
13procedures under this Act, but before the arbitration
14decision, or its enforcement, shall not be deemed to render a
15dispute moot, or to otherwise impair the jurisdiction or
16authority of the arbitration panel or its decision. Increases
17in rates of compensation awarded by the arbitration panel may
18be effective only at the start of the fiscal year next
19commencing after the date of the arbitration award. If a new
20fiscal year has commenced either since the initiation of
21arbitration procedures under this Act or since any mutually
22agreed extension of the statutorily required period of
23mediation under this Act by the parties to the labor dispute
24causing a delay in the initiation of arbitration, the
25foregoing limitations shall be inapplicable, and such awarded
26increases may be retroactive to the commencement of the fiscal

 

 

HB4499- 29 -LRB102 21455 LNS 30572 b

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

 

 

HB4499- 30 -LRB102 21455 LNS 30572 b

1without the consent of the other but a party may so consent
2without prejudice to his rights or position under this Act.
3The proceedings are deemed to be pending before the
4arbitration panel upon the initiation of arbitration
5procedures under this Act.
6    (m) Security officers of public employers, and Peace
7Officers, Fire Fighters and fire department and fire
8protection district paramedics, covered by this Section may
9not withhold services, nor may public employers lock out or
10prevent such employees from performing services at any time.
11    (n) All of the terms decided upon by the arbitration panel
12shall be included in an agreement to be submitted to the public
13employer's governing body for ratification and adoption by
14law, ordinance or the equivalent appropriate means.
15    The governing body shall review each term decided by the
16arbitration panel. If the governing body fails to reject one
17or more terms of the arbitration panel's decision by a 3/5 vote
18of those duly elected and qualified members of the governing
19body, within 20 days of issuance, or in the case of
20firefighters employed by a state university, at the next
21regularly scheduled meeting of the governing body after
22issuance, such term or terms shall become a part of the
23collective bargaining agreement of the parties. If the
24governing body affirmatively rejects one or more terms of the
25arbitration panel's decision, it must provide reasons for such
26rejection with respect to each term so rejected, within 20

 

 

HB4499- 31 -LRB102 21455 LNS 30572 b

1days of such rejection and the parties shall return to the
2arbitration panel for further proceedings and issuance of a
3supplemental decision with respect to the rejected terms. Any
4supplemental decision by an arbitration panel or other
5decision maker agreed to by the parties shall be submitted to
6the governing body for ratification and adoption in accordance
7with the procedures and voting requirements set forth in this
8Section. The voting requirements of this subsection shall
9apply to all disputes submitted to arbitration pursuant to
10this Section notwithstanding any contrary voting requirements
11contained in any existing collective bargaining agreement
12between the parties.
13    (o) If the governing body of the employer votes to reject
14the panel's decision, the parties shall return to the panel
15within 30 days from the issuance of the reasons for rejection
16for further proceedings and issuance of a supplemental
17decision. All reasonable costs of such supplemental proceeding
18including the exclusive representative's reasonable attorney's
19fees, as established by the Board, shall be paid by the
20employer.
21    (p) Notwithstanding the provisions of this Section the
22employer and exclusive representative may agree to submit
23unresolved disputes concerning wages, hours, terms and
24conditions of employment to an alternative form of impasse
25resolution.
26(Source: P.A. 101-652, eff. 7-1-21.)
 

 

 

HB4499- 32 -LRB102 21455 LNS 30572 b

1    Section 40. The Community-Law Enforcement and Other First
2Responder Partnership for Deflection and Substance Use
3Disorder Treatment Act is amended by changing Sections 1, 5,
410, 15, 20, 30, and 35 as follows:
 
5    (5 ILCS 820/1)
6    Sec. 1. Short title. This Act may be cited as the
7Community-Law Enforcement and Other First Responder
8Partnership for Deflection and Substance Use Disorder
9Treatment Act.
10(Source: P.A. 100-1025, eff. 1-1-19; 101-652.)
 
11    (5 ILCS 820/5)
12    Sec. 5. Purposes. The General Assembly hereby acknowledges
13that opioid use disorders, overdoses, and deaths in Illinois
14are persistent and growing concerns for Illinois communities.
15These concerns compound existing challenges to adequately
16address and manage substance use and mental health disorders.
17Law enforcement officers, other first responders, and
18co-responders have a unique opportunity to facilitate
19connections to community-based behavioral health interventions
20that provide substance use treatment and can help save and
21restore lives; help reduce drug use, overdose incidence,
22criminal offending, and recidivism; and help prevent arrest
23and conviction records that destabilize health, families, and

 

 

HB4499- 33 -LRB102 21455 LNS 30572 b

1opportunities for community citizenship and self-sufficiency.
2These efforts are bolstered when pursued in partnership with
3licensed behavioral health treatment providers and community
4members or organizations. It is the intent of the General
5Assembly to authorize law enforcement and other first
6responders to develop and implement collaborative deflection
7programs in Illinois that offer immediate pathways to
8substance use treatment and other services as an alternative
9to traditional case processing and involvement in the criminal
10justice system, and to unnecessary admission to emergency
11departments.
12(Source: P.A. 100-1025, eff. 1-1-19; 101-652.)
 
13    (5 ILCS 820/10)
14    Sec. 10. Definitions. In this Act:
15    "Case management" means those services which will assist
16persons in gaining access to needed social, educational,
17medical, substance use and mental health treatment, and other
18services.
19    "Community member or organization" means an individual
20volunteer, resident, public office, or a not-for-profit
21organization, religious institution, charitable organization,
22or other public body committed to the improvement of
23individual and family mental and physical well-being and the
24overall social welfare of the community, and may include
25persons with lived experience in recovery from substance use

 

 

HB4499- 34 -LRB102 21455 LNS 30572 b

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

 

 

HB4499- 35 -LRB102 21455 LNS 30572 b

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

 

 

HB4499- 36 -LRB102 21455 LNS 30572 b

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

 

 

HB4499- 37 -LRB102 21455 LNS 30572 b

1(Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21;
2revised 10-6-21.)
 
3    (5 ILCS 820/15)
4    Sec. 15. Authorization.
5    (a) Any law enforcement agency or other first responder
6entity may establish a deflection program subject to the
7provisions of this Act in partnership with one or more
8licensed providers of substance use disorder treatment
9services and one or more community members or organizations.
10Programs established by another first responder entity shall
11also include a law enforcement agency.
12    (b) The deflection program may involve a post-overdose
13deflection response, a self-referral deflection response, an
14active outreach deflection response, an officer or other first
15responder prevention deflection response, or an officer
16intervention deflection response, or any combination of those.
17    (c) Nothing shall preclude the General Assembly from
18adding other responses to a deflection program, or preclude a
19law enforcement agency or other first responder entity from
20developing a deflection program response based on a model
21unique and responsive to local issues, substance use or mental
22health needs, and partnerships, using sound and promising or
23evidence-based practices.
24    (c-5) Whenever appropriate and available, case management
25should be provided by a licensed treatment provider or other

 

 

HB4499- 38 -LRB102 21455 LNS 30572 b

1appropriate provider and may include peer recovery support
2approaches.
3    (d) To receive funding for activities as described in
4Section 35 of this Act, planning for the deflection program
5shall include:
6        (1) the involvement of one or more licensed treatment
7    programs and one or more community members or
8    organizations; and
9        (2) an agreement with the Illinois Criminal Justice
10    Information Authority to collect and evaluate relevant
11    statistical data related to the program, as established by
12    the Illinois Criminal Justice Information Authority in
13    paragraph (2) of subsection (a) of Section 25 of this Act.
14        (3) an agreement with participating licensed treatment
15    providers authorizing the release of statistical data to
16    the Illinois Criminal Justice Information Authority, in
17    compliance with State and Federal law, as established by
18    the Illinois Criminal Justice Information Authority in
19    paragraph (2) of subsection (a) of Section 25 of this Act.
20(Source: P.A. 100-1025, eff. 1-1-19; 101-81, eff. 7-12-19;
21101-652.)
 
22    (5 ILCS 820/20)
23    Sec. 20. Procedure. The law enforcement agency or other
24first responder entity, licensed treatment providers, and
25community members or organizations shall establish a local

 

 

HB4499- 39 -LRB102 21455 LNS 30572 b

1deflection program plan that includes protocols and procedures
2for participant identification, screening or assessment,
3treatment facilitation, reporting, and ongoing involvement of
4the law enforcement agency. Licensed substance use disorder
5treatment organizations shall adhere to 42 CFR Part 2
6regarding confidentiality regulations for information exchange
7or release. Substance use disorder treatment services shall
8adhere to all regulations specified in Department of Human
9Services Administrative Rules, Parts 2060 and 2090.
10(Source: P.A. 100-1025, eff. 1-1-19; 101-652.)
 
11    (5 ILCS 820/30)
12    Sec. 30. Exemption from civil liability. The law
13enforcement agency or peace officer or other first responder
14acting in good faith shall not, as the result of acts or
15omissions in providing services under Section 15 of this Act,
16be liable for civil damages, unless the acts or omissions
17constitute willful and wanton misconduct.
18(Source: P.A. 100-1025, eff. 1-1-19; 101-652.)
 
19    (5 ILCS 820/35)
20    Sec. 35. Funding.
21    (a) The General Assembly may appropriate funds to the
22Illinois Criminal Justice Information Authority for the
23purpose of funding law enforcement agencies or other first
24responder entities for services provided by deflection program

 

 

HB4499- 40 -LRB102 21455 LNS 30572 b

1partners as part of deflection programs subject to subsection
2(d) of Section 15 of this Act.
3    (a.1) Up to 10 percent of appropriated funds may be
4expended on activities related to knowledge dissemination,
5training, technical assistance, or other similar activities
6intended to increase practitioner and public awareness of
7deflection and/or to support its implementation. The Illinois
8Criminal Justice Information Authority may adopt guidelines
9and requirements to direct the distribution of funds for these
10activities.
11    (b) For all appropriated funds not distributed under
12subsection a.1, the The Illinois Criminal Justice Information
13Authority may adopt guidelines and requirements to direct the
14distribution of funds for expenses related to deflection
15programs. Funding shall be made available to support both new
16and existing deflection programs in a broad spectrum of
17geographic regions in this State, including urban, suburban,
18and rural communities. Funding for deflection programs shall
19be prioritized for communities that have been impacted by the
20war on drugs, communities that have a police/community
21relations issue, and communities that have a disproportionate
22lack of access to mental health and drug treatment. Activities
23eligible for funding under this Act may include, but are not
24limited to, the following:
25        (1) activities related to program administration,
26    coordination, or management, including, but not limited

 

 

HB4499- 41 -LRB102 21455 LNS 30572 b

1    to, the development of collaborative partnerships with
2    licensed treatment providers and community members or
3    organizations; collection of program data; or monitoring
4    of compliance with a local deflection program plan;
5        (2) case management including case management provided
6    prior to assessment, diagnosis, and engagement in
7    treatment, as well as assistance navigating and gaining
8    access to various treatment modalities and support
9    services;
10        (3) peer recovery or recovery support services that
11    include the perspectives of persons with the experience of
12    recovering from a substance use disorder, either
13    themselves or as family members;
14        (4) transportation to a licensed treatment provider or
15    other program partner location;
16        (5) program evaluation activities.
17        (6) naloxone and related supplies necessary for
18    carrying out overdose reversal for purposes of
19    distribution to program participants or for use by law
20    enforcement or other first responders; and
21        (7) treatment necessary to prevent gaps in service
22    delivery between linkage and coverage by other funding
23    sources when otherwise non-reimbursable.
24    (c) Specific linkage agreements with recovery support
25services or self-help entities may be a requirement of the
26program services protocols. All deflection programs shall

 

 

HB4499- 42 -LRB102 21455 LNS 30572 b

1encourage the involvement of key family members and
2significant others as a part of a family-based approach to
3treatment. All deflection programs are encouraged to use
4evidence-based practices and outcome measures in the provision
5of substance use disorder treatment and medication-assisted
6treatment for persons with opioid use disorders.
7(Source: P.A. 100-1025, eff. 1-1-19; 101-81, eff. 7-12-19;
8101-652.)
 
9    (5 ILCS 820/21 rep.)
10    Section 45. The Community-Law Enforcement Partnership for
11Deflection and Substance Use Disorder Treatment Act is amended
12by repealing Section 21.
 
13    (15 ILCS 205/10 rep.)
14    Section 50. The Attorney General Act is amended by
15repealing Section 10.
 
16    Section 55. The Department of State Police Law of the
17Civil Administrative Code of Illinois is amended by changing
18Section 2605-302 as follows:
 
19    (20 ILCS 2605/2605-302)  (was 20 ILCS 2605/55a in part)
20    Sec. 2605-302. Arrest reports.
21    (a) When an individual is arrested, the following
22information must be made available to the news media for

 

 

HB4499- 43 -LRB102 21455 LNS 30572 b

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

 

 

HB4499- 44 -LRB102 21455 LNS 30572 b

1    (c) For the purposes of this Section, the term "news
2media" means personnel of a newspaper or other periodical
3issued at regular intervals whether in print or electronic
4format, a news service whether in print or electronic format,
5a radio station, a television station, a television network, a
6community antenna television service, or a person or
7corporation engaged in making news reels or other motion
8picture news for public showing.
9    (d) Each law enforcement or correctional agency may charge
10fees for arrest records, but in no instance may the fee exceed
11the actual cost of copying and reproduction. The fees may not
12include the cost of the labor used to reproduce the arrest
13record.
14    (e) The provisions of this Section do not supersede the
15confidentiality provisions for arrest records of the Juvenile
16Court Act of 1987.
17(Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01;
18incorporates 92-335, eff. 8-10-01; 92-651, eff. 7-11-02;
19101-652.)
 
20    Section 60. The State Police Act is amended by changing
21Section 14 as follows:
 
22    (20 ILCS 2610/14)  (from Ch. 121, par. 307.14)
23    Sec. 14. Except as is otherwise provided in this Act, no
24Illinois State Police officer shall be removed, demoted, or

 

 

HB4499- 45 -LRB102 21455 LNS 30572 b

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

 

 

HB4499- 46 -LRB102 21455 LNS 30572 b

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

 

 

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

 

 

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1making officer, as defined in the Employee Rights Violation
2Act, of the Illinois State Police shall be discharged from the
3Illinois State Police as provided in the Employee Rights
4Violation Act, enacted by the 85th General Assembly.
5(Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21;
6revised 10-4-21.)
 
7    (20 ILCS 2610/17c rep.)
8    Section 65. The State Police Act is amended by repealing
9Section 17c.
 
10    (20 ILCS 3930/7.7 rep.)
11    (20 ILCS 3930/7.8 rep.)
12    Section 70. The Illinois Criminal Justice Information Act
13is amended by repealing Sections 7.7 and 7.8.
 
14    (50 ILCS 105/4.1 rep.)
15    Section 75. The Public Officer Prohibited Activities Act
16is amended by repealing Section 4.1.
 
17    Section 80. The Local Records Act is amended by changing
18Section 3b as follows:
 
19    (50 ILCS 205/3b)
20    Sec. 3b. Arrest records and reports.
21    (a) When an individual is arrested, the following

 

 

HB4499- 49 -LRB102 21455 LNS 30572 b

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

 

 

HB4499- 50 -LRB102 21455 LNS 30572 b

1    or
2        (3) compromise the security of any correctional
3    facility.
4    (c) For the purposes of this Section the term "news media"
5means personnel of a newspaper or other periodical issued at
6regular intervals whether in print or electronic format, a
7news service whether in print or electronic format, a radio
8station, a television station, a television network, a
9community antenna television service, or a person or
10corporation engaged in making news reels or other motion
11picture news for public showing.
12    (d) Each law enforcement or correctional agency may charge
13fees for arrest records, but in no instance may the fee exceed
14the actual cost of copying and reproduction. The fees may not
15include the cost of the labor used to reproduce the arrest
16record.
17    (e) The provisions of this Section do not supersede the
18confidentiality provisions for arrest records of the Juvenile
19Court Act of 1987.
20    (f) All information, including photographs, made available
21under this Section is subject to the provisions of Section
222QQQ of the Consumer Fraud and Deceptive Business Practices
23Act.
24(Source: P.A. 98-555, eff. 1-1-14; 99-363, eff. 1-1-16;
25101-652.)
 

 

 

HB4499- 51 -LRB102 21455 LNS 30572 b

1    (50 ILCS 205/25 rep.)
2    Section 85. The Local Records Act is amended by repealing
3Section 25.
 
4    Section 90. The Illinois Police Training Act is amended by
5changing Sections 6, 6.2, 7, and 10.17 as follows:
 
6    (50 ILCS 705/6)  (from Ch. 85, par. 506)
7    (Text of Section before amendment by P.A. 101-652)
8    Sec. 6. Powers and duties of the Board; selection and
9certification of schools. The Board shall select and certify
10schools within the State of Illinois for the purpose of
11providing basic training for probationary police officers,
12probationary county corrections officers, and court security
13officers and of providing advanced or in-service training for
14permanent police officers or permanent county corrections
15officers, which schools may be either publicly or privately
16owned and operated. In addition, the Board has the following
17power and duties:
18        a. To require local governmental units to furnish such
19    reports and information as the Board deems necessary to
20    fully implement this Act.
21        b. To establish appropriate mandatory minimum
22    standards relating to the training of probationary local
23    law enforcement officers or probationary county
24    corrections officers, and in-service training of permanent

 

 

HB4499- 52 -LRB102 21455 LNS 30572 b

1    police officers.
2        c. To provide appropriate certification to those
3    probationary officers who successfully complete the
4    prescribed minimum standard basic training course.
5        d. To review and approve annual training curriculum
6    for county sheriffs.
7        e. To review and approve applicants to ensure that no
8    applicant is admitted to a certified academy unless the
9    applicant is a person of good character and has not been
10    convicted of, or entered a plea of guilty to, a felony
11    offense, any of the misdemeanors in Sections 11-1.50,
12    11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1,
13    17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7
14    of the Criminal Code of 1961 or the Criminal Code of 2012,
15    subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the
16    Criminal Code of 1961 or the Criminal Code of 2012, or
17    subsection (a) of Section 17-32 of the Criminal Code of
18    1961 or the Criminal Code of 2012, or Section 5 or 5.2 of
19    the Cannabis Control Act, or a crime involving moral
20    turpitude under the laws of this State or any other state
21    which if committed in this State would be punishable as a
22    felony or a crime of moral turpitude. The Board may
23    appoint investigators who shall enforce the duties
24    conferred upon the Board by this Act.
25(Source: P.A. 101-187, eff. 1-1-20.)
 

 

 

HB4499- 53 -LRB102 21455 LNS 30572 b

1    (Text of Section after amendment by P.A. 101-652, Article
210, Section 10-143 but before amendment by P.A. 101-652,
3Article 25, Section 25-40)
4    Sec. 6. Powers and duties of the Board; selection and
5certification of schools. The Board shall select and certify
6schools within the State of Illinois for the purpose of
7providing basic training for probationary police officers,
8probationary county corrections officers, and court security
9officers and of providing advanced or in-service training for
10permanent police officers or permanent county corrections
11officers, which schools may be either publicly or privately
12owned and operated. In addition, the Board has the following
13power and duties:
14        a. To require local governmental units to furnish such
15    reports and information as the Board deems necessary to
16    fully implement this Act.
17        b. To establish appropriate mandatory minimum
18    standards relating to the training of probationary local
19    law enforcement officers or probationary county
20    corrections officers, and in-service training of permanent
21    police officers.
22        c. To provide appropriate certification to those
23    probationary officers who successfully complete the
24    prescribed minimum standard basic training course.
25        d. To review and approve annual training curriculum
26    for county sheriffs.

 

 

HB4499- 54 -LRB102 21455 LNS 30572 b

1        e. To review and approve applicants to ensure that no
2    applicant is admitted to a certified academy unless the
3    applicant is a person of good character and has not been
4    convicted of, or entered a plea of guilty to, a felony
5    offense, any of the misdemeanors in Sections 11-1.50,
6    11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1,
7    17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7
8    of the Criminal Code of 1961 or the Criminal Code of 2012,
9    subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the
10    Criminal Code of 1961 or the Criminal Code of 2012, or
11    subsection (a) of Section 17-32 of the Criminal Code of
12    1961 or the Criminal Code of 2012, or Section 5 or 5.2 of
13    the Cannabis Control Act, or a crime involving moral
14    turpitude under the laws of this State or any other state
15    which if committed in this State would be punishable as a
16    felony or a crime of moral turpitude. The Board may
17    appoint investigators who shall enforce the duties
18    conferred upon the Board by this Act.
19        f. To establish statewide standards for minimum
20    standards regarding regular mental health screenings for
21    probationary and permanent police officers, ensuring that
22    counseling sessions and screenings remain confidential.
23(Source: P.A. 101-187, eff. 1-1-20; 101-652, Article 10,
24Section 10-143, eff. 7-1-21.)
 
25    (Text of Section after amendment by P.A. 101-652, Article

 

 

HB4499- 55 -LRB102 21455 LNS 30572 b

125, Section 25-40)
2    Sec. 6. Powers and duties of the Board; selection and
3certification of schools. The Board shall select and certify
4schools within the State of Illinois for the purpose of
5providing basic training for probationary law enforcement
6officers, probationary county corrections officers, and court
7security officers and of providing advanced or in-service
8training for permanent law enforcement officers or permanent
9county corrections officers, which schools may be either
10publicly or privately owned and operated. In addition, the
11Board has the following power and duties:
12        a. To require local governmental units, to furnish
13    such reports and information as the Board deems necessary
14    to fully implement this Act.
15        b. To establish appropriate mandatory minimum
16    standards relating to the training of probationary local
17    law enforcement officers or probationary county
18    corrections officers, and in-service training of permanent
19    law enforcement officers.
20        c. To provide appropriate certification to those
21    probationary officers who successfully complete the
22    prescribed minimum standard basic training course.
23        d. To review and approve annual training curriculum
24    for county sheriffs.
25        e. To review and approve applicants to ensure that no
26    applicant is admitted to a certified academy unless the

 

 

HB4499- 56 -LRB102 21455 LNS 30572 b

1    applicant is a person of good character and has not been
2    convicted of, found guilty of, or entered a plea of guilty
3    to, or entered a plea of nolo contendere to a felony
4    offense, any of the misdemeanors in Sections 11-1.50,
5    11-6, 11-6.5, 11-6.6, 11-9.1, 11-14, 11-14.1, 11-30, 12-2,
6    12-3.2, 12-3.5, 16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3,
7    28-3, 29-1, any misdemeanor in violation of any Section of
8    Part E of Title III of the Criminal Code of 1961 or the
9    Criminal Code of 2012, or subsection (a) of Section 17-32
10    of the Criminal Code of 1961 or the Criminal Code of 2012,
11    or Section 5 or 5.2 of the Cannabis Control Act, or a crime
12    involving moral turpitude under the laws of this State or
13    any other state which if committed in this State would be
14    punishable as a felony or a crime of moral turpitude, or
15    any felony or misdemeanor in violation of federal law or
16    the law of any state that is the equivalent of any of the
17    offenses specified therein. The Board may appoint
18    investigators who shall enforce the duties conferred upon
19    the Board by this Act.
20        For purposes of this paragraph e, a person is
21    considered to have been convicted of, found guilty of, or
22    entered a plea of guilty to, plea of nolo contendere to
23    regardless of whether the adjudication of guilt or
24    sentence is withheld or not entered thereon. This includes
25    sentences of supervision, conditional discharge, or first
26    offender probation, or any similar disposition provided

 

 

HB4499- 57 -LRB102 21455 LNS 30572 b

1    for by law.
2        f. To establish statewide standards for minimum
3    standards regarding regular mental health screenings for
4    probationary and permanent police officers, ensuring that
5    counseling sessions and screenings remain confidential.
6        f. For purposes of this paragraph (e), a person is
7    considered to have been "convicted of, found guilty of, or
8    entered a plea of guilty to, plea of nolo contendere to"
9    regardless of whether the adjudication of guilt or
10    sentence is withheld or not entered thereon. This includes
11    sentences of supervision, conditional discharge, or first
12    offender probation, or any similar disposition provided
13    for by law.
14        g. To review and ensure all law enforcement officers
15    remain in compliance with this Act, and any administrative
16    rules adopted under this Act.
17        h. To suspend any certificate for a definite period,
18    limit or restrict any certificate, or revoke any
19    certificate.
20        i. The Board and the Panel shall have power to secure
21    by its subpoena and bring before it any person or entity in
22    this State and to take testimony either orally or by
23    deposition or both with the same fees and mileage and in
24    the same manner as prescribed by law in judicial
25    proceedings in civil cases in circuit courts of this
26    State. The Board and the Panel shall also have the power to

 

 

HB4499- 58 -LRB102 21455 LNS 30572 b

1    subpoena the production of documents, papers, files,
2    books, documents, and records, whether in physical or
3    electronic form, in support of the charges and for
4    defense, and in connection with a hearing or
5    investigation.
6        j. The Executive Director, the administrative law
7    judge designated by the Executive Director, and each
8    member of the Board and the Panel shall have the power to
9    administer oaths to witnesses at any hearing that the
10    Board is authorized to conduct under this Act and any
11    other oaths required or authorized to be administered by
12    the Board under this Act.
13        k. In case of the neglect or refusal of any person to
14    obey a subpoena issued by the Board and the Panel, any
15    circuit court, upon application of the Board and the
16    Panel, through the Illinois Attorney General, may order
17    such person to appear before the Board and the Panel give
18    testimony or produce evidence, and any failure to obey
19    such order is punishable by the court as a contempt
20    thereof. This order may be served by personal delivery, by
21    email, or by mail to the address of record or email address
22    of record.
23        l. The Board shall have the power to administer state
24    certification examinations. Any and all records related to
25    these examinations, including, but not limited to, test
26    questions, test formats, digital files, answer responses,

 

 

HB4499- 59 -LRB102 21455 LNS 30572 b

1    answer keys, and scoring information shall be exempt from
2    disclosure.
3(Source: P.A. 101-187, eff. 1-1-20; 101-652, Article 10,
4Section 10-143, eff. 7-1-21; 101-652, Article 25, Section
525-40, eff. 1-1-22; revised 4-26-21.)
 
6    (50 ILCS 705/6.2)
7    Sec. 6.2. Officer professional conduct database.
8    (a) All law enforcement agencies shall notify the Board of
9any final determination of willful violation of department or
10agency policy, official misconduct, or violation of law when:
11        (1) the officer is discharged or dismissed as a result
12    of the violation; or
13        (2) the officer resigns during the course of an
14    investigation and after the officer has been served notice
15    that he or she is under investigation that is based on the
16    commission of any a Class 2 or greater felony or sex
17    offense.
18    The agency shall report to the Board within 30 days of a
19final decision of discharge or dismissal and final exhaustion
20of any appeal, or resignation, and shall provide information
21regarding the nature of the violation.
22    (b) Upon receiving notification from a law enforcement
23agency, the Board must notify the law enforcement officer of
24the report and his or her right to provide a statement
25regarding the reported violation.

 

 

HB4499- 60 -LRB102 21455 LNS 30572 b

1    (c) The Board shall maintain a database readily available
2to any chief administrative officer, or his or her designee,
3of a law enforcement agency or any State's Attorney that shall
4show each reported instance, including the name of the
5officer, the nature of the violation, reason for the final
6decision of discharge or dismissal, and any statement provided
7by the officer.
8(Source: P.A. 99-352, eff. 1-1-16; 101-652.)
 
9    (50 ILCS 705/7)
10    (Text of Section before amendment by P.A. 102-345)
11    Sec. 7. Rules and standards for schools. The Board shall
12adopt rules and minimum standards for such schools which shall
13include, but not be limited to, the following:
14        a. The curriculum for probationary law enforcement
15    officers which shall be offered by all certified schools
16    shall include, but not be limited to, courses of
17    procedural justice, arrest and use and control tactics,
18    search and seizure, including temporary questioning, civil
19    rights, human rights, human relations, cultural
20    competency, including implicit bias and racial and ethnic
21    sensitivity, criminal law, law of criminal procedure,
22    constitutional and proper use of law enforcement
23    authority, crisis intervention training, vehicle and
24    traffic law including uniform and non-discriminatory
25    enforcement of the Illinois Vehicle Code, traffic control

 

 

HB4499- 61 -LRB102 21455 LNS 30572 b

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

 

 

HB4499- 62 -LRB102 21455 LNS 30572 b

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

 

 

HB4499- 63 -LRB102 21455 LNS 30572 b

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

 

 

HB4499- 64 -LRB102 21455 LNS 30572 b

1    selected by the board. The training in the use of
2    electronic control devices shall be conducted for
3    probationary law enforcement officers, including
4    University police officers.
5        b. Minimum courses of study, attendance requirements
6    and equipment requirements.
7        c. Minimum requirements for instructors.
8        d. Minimum basic training requirements, which a
9    probationary law enforcement officer must satisfactorily
10    complete before being eligible for permanent employment as
11    a local law enforcement officer for a participating local
12    governmental or State governmental agency. Those
13    requirements shall include training in first aid
14    (including cardiopulmonary resuscitation).
15        e. Minimum basic training requirements, which a
16    probationary county corrections officer must
17    satisfactorily complete before being eligible for
18    permanent employment as a county corrections officer for a
19    participating local governmental agency.
20        f. Minimum basic training requirements which a
21    probationary court security officer must satisfactorily
22    complete before being eligible for permanent employment as
23    a court security officer for a participating local
24    governmental agency. The Board shall establish those
25    training requirements which it considers appropriate for
26    court security officers and shall certify schools to

 

 

HB4499- 65 -LRB102 21455 LNS 30572 b

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

 

 

HB4499- 66 -LRB102 21455 LNS 30572 b

1    have filed applications to become court security officers
2    and who meet the eligibility requirements established
3    under this Act. Either the Sheriff's Merit Commission, or
4    the Sheriff's Office if no Sheriff's Merit Commission
5    exists, shall establish a schedule of reasonable intervals
6    for verification of the applicants' qualifications under
7    this Act and as established by the Board.
8        g. Minimum in-service training requirements, which a
9    law enforcement officer must satisfactorily complete every
10    3 years. Those requirements shall include constitutional
11    and proper use of law enforcement authority, procedural
12    justice, civil rights, human rights, mental health
13    awareness and response, officer wellness, reporting child
14    abuse and neglect, and cultural competency, including
15    implicit bias and racial and ethnic sensitivity. These
16    trainings shall consist of at least 30 hours of training
17    every 3 years.
18        h. Minimum in-service training requirements, which a
19    law enforcement officer must satisfactorily complete at
20    least annually. Those requirements shall include law
21    updates, emergency medical response training and
22    certification, crisis intervention training, and officer
23    wellness and mental health and use of force training which
24    shall include scenario based training, or similar training
25    approved by the Board.
26        i. Minimum in-service training requirements as set

 

 

HB4499- 67 -LRB102 21455 LNS 30572 b

1    forth in Section 10.6.
2    The amendatory changes to this Section made by Public Act
3101-652 shall take effect January 1, 2022.
4(Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19;
5101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff.
68-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section
710-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff.
81-1-22; 102-28, eff. 6-25-21; 102-558, eff. 8-20-21; revised
910-5-21.)
 
10    (Text of Section after amendment by P.A. 102-345)
11    Sec. 7. Rules and standards for schools. The Board shall
12adopt rules and minimum standards for such schools which shall
13include, but not be limited to, the following:
14        a. The curriculum for probationary law enforcement
15    officers which shall be offered by all certified schools
16    shall include, but not be limited to, courses of
17    procedural justice, arrest and use and control tactics,
18    search and seizure, including temporary questioning, civil
19    rights, human rights, human relations, cultural
20    competency, including implicit bias and racial and ethnic
21    sensitivity, criminal law, law of criminal procedure,
22    constitutional and proper use of law enforcement
23    authority, crisis intervention training, vehicle and
24    traffic law including uniform and non-discriminatory
25    enforcement of the Illinois Vehicle Code, traffic control

 

 

HB4499- 68 -LRB102 21455 LNS 30572 b

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

 

 

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

 

 

HB4499- 70 -LRB102 21455 LNS 30572 b

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

 

 

HB4499- 71 -LRB102 21455 LNS 30572 b

1    selected by the board. The training in the use of
2    electronic control devices shall be conducted for
3    probationary law enforcement officers, including
4    University police officers. The curriculum shall also
5    include training on the use of a firearms restraining
6    order by providing instruction on the process used to file
7    a firearms restraining order and how to identify
8    situations in which a firearms restraining order is
9    appropriate.
10        b. Minimum courses of study, attendance requirements
11    and equipment requirements.
12        c. Minimum requirements for instructors.
13        d. Minimum basic training requirements, which a
14    probationary law enforcement officer must satisfactorily
15    complete before being eligible for permanent employment as
16    a local law enforcement officer for a participating local
17    governmental or State governmental agency. Those
18    requirements shall include training in first aid
19    (including cardiopulmonary resuscitation).
20        e. Minimum basic training requirements, which a
21    probationary county corrections officer must
22    satisfactorily complete before being eligible for
23    permanent employment as a county corrections officer for a
24    participating local governmental agency.
25        f. Minimum basic training requirements which a
26    probationary court security officer must satisfactorily

 

 

HB4499- 72 -LRB102 21455 LNS 30572 b

1    complete before being eligible for permanent employment as
2    a court security officer for a participating local
3    governmental agency. The Board shall establish those
4    training requirements which it considers appropriate for
5    court security officers and shall certify schools to
6    conduct that training.
7        A person hired to serve as a court security officer
8    must obtain from the Board a certificate (i) attesting to
9    the officer's successful completion of the training
10    course; (ii) attesting to the officer's satisfactory
11    completion of a training program of similar content and
12    number of hours that has been found acceptable by the
13    Board under the provisions of this Act; or (iii) attesting
14    to the Board's determination that the training course is
15    unnecessary because of the person's extensive prior law
16    enforcement experience.
17        Individuals who currently serve as court security
18    officers shall be deemed qualified to continue to serve in
19    that capacity so long as they are certified as provided by
20    this Act within 24 months of June 1, 1997 (the effective
21    date of Public Act 89-685). Failure to be so certified,
22    absent a waiver from the Board, shall cause the officer to
23    forfeit his or her position.
24        All individuals hired as court security officers on or
25    after June 1, 1997 (the effective date of Public Act
26    89-685) shall be certified within 12 months of the date of

 

 

HB4499- 73 -LRB102 21455 LNS 30572 b

1    their hire, unless a waiver has been obtained by the
2    Board, or they shall forfeit their positions.
3        The Sheriff's Merit Commission, if one exists, or the
4    Sheriff's Office if there is no Sheriff's Merit
5    Commission, shall maintain a list of all individuals who
6    have filed applications to become court security officers
7    and who meet the eligibility requirements established
8    under this Act. Either the Sheriff's Merit Commission, or
9    the Sheriff's Office if no Sheriff's Merit Commission
10    exists, shall establish a schedule of reasonable intervals
11    for verification of the applicants' qualifications under
12    this Act and as established by the Board.
13        g. Minimum in-service training requirements, which a
14    law enforcement officer must satisfactorily complete every
15    3 years. Those requirements shall include constitutional
16    and proper use of law enforcement authority, procedural
17    justice, civil rights, human rights, mental health
18    awareness and response, officer wellness, reporting child
19    abuse and neglect, and cultural competency, including
20    implicit bias and racial and ethnic sensitivity. These
21    trainings shall consist of at least 30 hours of training
22    every 3 years.
23        h. Minimum in-service training requirements, which a
24    law enforcement officer must satisfactorily complete at
25    least annually. Those requirements shall include law
26    updates, emergency medical response training and

 

 

HB4499- 74 -LRB102 21455 LNS 30572 b

1    certification, crisis intervention training, and officer
2    wellness and mental health and use of force training which
3    shall include scenario based training, or similar training
4    approved by the Board.
5        i. Minimum in-service training requirements as set
6    forth in Section 10.6.
7    The amendatory changes to this Section made by Public Act
8101-652 shall take effect January 1, 2022.
9(Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19;
10101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff.
118-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section
1210-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff.
131-1-22; 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; 102-558,
14eff. 8-20-21; revised 10-5-21.)
 
15    (50 ILCS 705/10.17)
16    (Text of Section before amendment by P.A. 101-652)
17    Sec. 10.17. Crisis intervention team training; mental
18health awareness training.
19    (a) The Illinois Law Enforcement Training Standards Board
20shall develop and approve a standard curriculum for certified
21training programs in crisis intervention addressing
22specialized policing responses to people with mental
23illnesses. The Board shall conduct Crisis Intervention Team
24(CIT) training programs that train officers to identify signs
25and symptoms of mental illness, to de-escalate situations

 

 

HB4499- 75 -LRB102 21455 LNS 30572 b

1involving individuals who appear to have a mental illness, and
2connect that person in crisis to treatment. Officers who have
3successfully completed this program shall be issued a
4certificate attesting to their attendance of a Crisis
5Intervention Team (CIT) training program.
6    (b) The Board shall create an introductory course
7incorporating adult learning models that provides law
8enforcement officers with an awareness of mental health issues
9including a history of the mental health system, types of
10mental health illness including signs and symptoms of mental
11illness and common treatments and medications, and the
12potential interactions law enforcement officers may have on a
13regular basis with these individuals, their families, and
14service providers including de-escalating a potential crisis
15situation. This course, in addition to other traditional
16learning settings, may be made available in an electronic
17format.
18(Source: P.A. 99-261, eff. 1-1-16; 99-642, eff. 7-28-16;
19100-247, eff. 1-1-18.)
 
20    (Text of Section after amendment by P.A. 101-652)
21    Sec. 10.17. Crisis intervention team training; mental
22health awareness training.
23    (a) The Illinois Law Enforcement Training Standards Board
24shall develop and approve a standard curriculum for certified
25training programs in crisis intervention of at least 40 hours

 

 

HB4499- 76 -LRB102 21455 LNS 30572 b

1addressing specialized policing responses to people with
2mental illnesses. The Board shall conduct Crisis Intervention
3Team (CIT) training programs that train officers to identify
4signs and symptoms of mental illness, to de-escalate
5situations involving individuals who appear to have a mental
6illness, and connect that person in crisis to treatment.
7Crisis Intervention Team (CIT) training programs shall be a
8collaboration between law enforcement professionals, mental
9health providers, families, and consumer advocates and must
10minimally include the following components: (1) basic
11information about mental illnesses and how to recognize them;
12(2) information about mental health laws and resources; (3)
13learning from family members of individuals with mental
14illness and their experiences; and (4) verbal de-escalation
15training and role-plays. Officers who have successfully
16completed this program shall be issued a certificate attesting
17to their attendance of a Crisis Intervention Team (CIT)
18training program.
19    (b) The Board shall create an introductory course
20incorporating adult learning models that provides law
21enforcement officers with an awareness of mental health issues
22including a history of the mental health system, types of
23mental health illness including signs and symptoms of mental
24illness and common treatments and medications, and the
25potential interactions law enforcement officers may have on a
26regular basis with these individuals, their families, and

 

 

HB4499- 77 -LRB102 21455 LNS 30572 b

1service providers including de-escalating a potential crisis
2situation. This course, in addition to other traditional
3learning settings, may be made available in an electronic
4format.
5(Source: P.A. 100-247, eff. 1-1-18; 101-652, eff. 7-1-21.)
 
6    (50 ILCS 705/10.6 rep.)
7    Section 95. The Illinois Police Training Act is amended by
8repealing Section 10.6.
 
9    Section 100. The Law Enforcement Officer-Worn Body Camera
10Act is amended by changing Sections 10-15, 10-20, and 10-25 as
11follows:
 
12    (50 ILCS 706/10-15)
13    (Text of Section before amendment by P.A. 101-652)
14    Sec. 10-15. Applicability. Any law enforcement agency
15which employs the use of officer-worn body cameras is subject
16to the provisions of this Act, whether or not the agency
17receives or has received monies from the Law Enforcement
18Camera Grant Fund.
19(Source: P.A. 99-352, eff. 1-1-16.)
 
20    (Text of Section after amendment by P.A. 101-652)
21    Sec. 10-15. Applicability.
22    (a) All Any law enforcement agencies must employ the use

 

 

HB4499- 78 -LRB102 21455 LNS 30572 b

1of agency which employs the use of officer-worn body cameras
2in accordance with is subject to the provisions of this Act,
3whether or not the agency receives or has received monies from
4the Law Enforcement Camera Grant Fund.
5    (b) All law enforcement agencies must implement the use of
6body cameras for all law enforcement officers, according to
7the following schedule:
8        (1) for municipalities and counties with populations
9    of 500,000 or more, body cameras shall be implemented by
10    January 1, 2022;
11        (2) for municipalities and counties with populations
12    of 100,000 or more but under 500,000, body cameras shall
13    be implemented by January 1, 2023;
14        (3) for municipalities and counties with populations
15    of 50,000 or more but under 100,000, body cameras shall be
16    implemented by January 1, 2024;
17        (4) for municipalities and counties under 50,000, body
18    cameras shall be implemented by January 1, 2025; and
19        (5) for the Department of State Police, body cameras
20    shall be implemented by January 1, 2025.
21    (c) A law enforcement agency's compliance with the
22requirements under this Section shall receive preference by
23the Illinois Law Enforcement Training Standards Board in
24awarding grant funding under the Law Enforcement Camera Grant
25Act.
26(Source: P.A. 101-652, eff. 7-1-21.)
 

 

 

HB4499- 79 -LRB102 21455 LNS 30572 b

1    (50 ILCS 706/10-20)
2    Sec. 10-20. Requirements.
3    (a) The Board shall develop basic guidelines for the use
4of officer-worn body cameras by law enforcement agencies. The
5guidelines developed by the Board shall be the basis for the
6written policy which must be adopted by each law enforcement
7agency which employs the use of officer-worn body cameras. The
8written policy adopted by the law enforcement agency must
9include, at a minimum, all of the following:
10        (1) Cameras must be equipped with pre-event recording,
11    capable of recording at least the 30 seconds prior to
12    camera activation, unless the officer-worn body camera was
13    purchased and acquired by the law enforcement agency prior
14    to July 1, 2015.
15        (2) Cameras must be capable of recording for a period
16    of 10 hours or more, unless the officer-worn body camera
17    was purchased and acquired by the law enforcement agency
18    prior to July 1, 2015.
19        (3) Cameras must be turned on at all times when the
20    officer is in uniform and is responding to calls for
21    service or engaged in any law enforcement-related
22    encounter or activity, that occurs while the officer is on
23    duty.
24            (A) If exigent circumstances exist which prevent
25        the camera from being turned on, the camera must be

 

 

HB4499- 80 -LRB102 21455 LNS 30572 b

1        turned on as soon as practicable.
2            (B) Officer-worn body cameras may be turned off
3        when the officer is inside of a patrol car which is
4        equipped with a functioning in-car camera; however,
5        the officer must turn on the camera upon exiting the
6        patrol vehicle for law enforcement-related encounters.
7            (C) Officer-worn body cameras may be turned off
8        when the officer is inside a correctional facility or
9        courthouse which is equipped with a functioning camera
10        system.
11        (4) Cameras must be turned off when:
12            (A) the victim of a crime requests that the camera
13        be turned off, and unless impractical or impossible,
14        that request is made on the recording;
15            (B) a witness of a crime or a community member who
16        wishes to report a crime requests that the camera be
17        turned off, and unless impractical or impossible that
18        request is made on the recording;
19            (C) the officer is interacting with a confidential
20        informant used by the law enforcement agency; or
21            (D) an officer of the Department of Revenue enters
22        a Department of Revenue facility or conducts an
23        interview during which return information will be
24        discussed or visible.
25        However, an officer may continue to record or resume
26    recording a victim or a witness, if exigent circumstances

 

 

HB4499- 81 -LRB102 21455 LNS 30572 b

1    exist, or if the officer has reasonable articulable
2    suspicion that a victim or witness, or confidential
3    informant has committed or is in the process of committing
4    a crime. Under these circumstances, and unless impractical
5    or impossible, the officer must indicate on the recording
6    the reason for continuing to record despite the request of
7    the victim or witness.
8        (4.5) Cameras may be turned off when the officer is
9    engaged in community caretaking functions. However, the
10    camera must be turned on when the officer has reason to
11    believe that the person on whose behalf the officer is
12    performing a community caretaking function has committed
13    or is in the process of committing a crime. If exigent
14    circumstances exist which prevent the camera from being
15    turned on, the camera must be turned on as soon as
16    practicable.
17        (5) The officer must provide notice of recording to
18    any person if the person has a reasonable expectation of
19    privacy and proof of notice must be evident in the
20    recording. If exigent circumstances exist which prevent
21    the officer from providing notice, notice must be provided
22    as soon as practicable.
23        (6) (A) For the purposes of redaction, labeling, or
24    duplicating recordings, access to camera recordings shall
25    be restricted to only those personnel responsible for
26    those purposes. The recording officer or his or her

 

 

HB4499- 82 -LRB102 21455 LNS 30572 b

1    supervisor may not redact, label, duplicate or otherwise
2    alter the recording officer's camera recordings. Except as
3    otherwise provided in this Section, the recording officer
4    and his or her supervisor may access and review recordings
5    prior to completing incident reports or other
6    documentation, provided that the officer or his or her
7    supervisor discloses that fact in the report or
8    documentation.
9            (i) A law enforcement officer shall not have
10        access to or review his or her body-worn camera
11        recordings or the body-worn camera recordings of
12        another officer prior to completing incident reports
13        or other documentation when the officer:
14                (a) has been involved in or is a witness to an
15            officer-involved shooting, use of deadly force
16            incident, or use of force incidents resulting in
17            great bodily harm;
18                (b) is ordered to write a report in response
19            to or during the investigation of a misconduct
20            complaint against the officer.
21            (ii) If the officer subject to subparagraph (i)
22        prepares a report, any report shall be prepared
23        without viewing body-worn camera recordings, and
24        subject to supervisor's approval, officers may file
25        amendatory reports after viewing body-worn camera
26        recordings. Supplemental reports under this provision

 

 

HB4499- 83 -LRB102 21455 LNS 30572 b

1        shall also contain documentation regarding access to
2        the video footage.
3            (B) The recording officer's assigned field
4        training officer may access and review recordings for
5        training purposes. Any detective or investigator
6        directly involved in the investigation of a matter may
7        access and review recordings which pertain to that
8        investigation but may not have access to delete or
9        alter such recordings.
10        (7) Recordings made on officer-worn cameras must be
11    retained by the law enforcement agency or by the camera
12    vendor used by the agency, on a recording medium for a
13    period of 90 days.
14            (A) Under no circumstances shall any recording,
15        except for a non-law enforcement related activity or
16        encounter, made with an officer-worn body camera be
17        altered, erased, or destroyed prior to the expiration
18        of the 90-day storage period. In the event any
19        recording made with an officer-worn body camera is
20        altered, erased, or destroyed prior to the expiration
21        of the 90-day storage period, the law enforcement
22        agency shall maintain, for a period of one year, a
23        written record including (i) the name of the
24        individual who made such alteration, erasure, or
25        destruction, and (ii) the reason for any such
26        alteration, erasure, or destruction.

 

 

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1            (B) Following the 90-day storage period, any and
2        all recordings made with an officer-worn body camera
3        must be destroyed, unless any encounter captured on
4        the recording has been flagged. An encounter is deemed
5        to be flagged when:
6                (i) a formal or informal complaint has been
7            filed;
8                (ii) the officer discharged his or her firearm
9            or used force during the encounter;
10                (iii) death or great bodily harm occurred to
11            any person in the recording;
12                (iv) the encounter resulted in a detention or
13            an arrest, excluding traffic stops which resulted
14            in only a minor traffic offense or business
15            offense;
16                (v) the officer is the subject of an internal
17            investigation or otherwise being investigated for
18            possible misconduct;
19                (vi) the supervisor of the officer,
20            prosecutor, defendant, or court determines that
21            the encounter has evidentiary value in a criminal
22            prosecution; or
23                (vii) the recording officer requests that the
24            video be flagged for official purposes related to
25            his or her official duties.
26            (C) Under no circumstances shall any recording

 

 

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1        made with an officer-worn body camera relating to a
2        flagged encounter be altered or destroyed prior to 2
3        years after the recording was flagged. If the flagged
4        recording was used in a criminal, civil, or
5        administrative proceeding, the recording shall not be
6        destroyed except upon a final disposition and order
7        from the court.
8        (8) Following the 90-day storage period, recordings
9    may be retained if a supervisor at the law enforcement
10    agency designates the recording for training purposes. If
11    the recording is designated for training purposes, the
12    recordings may be viewed by officers, in the presence of a
13    supervisor or training instructor, for the purposes of
14    instruction, training, or ensuring compliance with agency
15    policies.
16        (9) Recordings shall not be used to discipline law
17    enforcement officers unless:
18            (A) a formal or informal complaint of misconduct
19        has been made;
20            (B) a use of force incident has occurred;
21            (C) the encounter on the recording could result in
22        a formal investigation under the Uniform Peace
23        Officers' Disciplinary Act; or
24            (D) as corroboration of other evidence of
25        misconduct.
26        Nothing in this paragraph (9) shall be construed to

 

 

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1    limit or prohibit a law enforcement officer from being
2    subject to an action that does not amount to discipline.
3        (10) The law enforcement agency shall ensure proper
4    care and maintenance of officer-worn body cameras. Upon
5    becoming aware, officers must as soon as practical
6    document and notify the appropriate supervisor of any
7    technical difficulties, failures, or problems with the
8    officer-worn body camera or associated equipment. Upon
9    receiving notice, the appropriate supervisor shall make
10    every reasonable effort to correct and repair any of the
11    officer-worn body camera equipment.
12        (11) No officer may hinder or prohibit any person, not
13    a law enforcement officer, from recording a law
14    enforcement officer in the performance of his or her
15    duties in a public place or when the officer has no
16    reasonable expectation of privacy. The law enforcement
17    agency's written policy shall indicate the potential
18    criminal penalties, as well as any departmental
19    discipline, which may result from unlawful confiscation or
20    destruction of the recording medium of a person who is not
21    a law enforcement officer. However, an officer may take
22    reasonable action to maintain safety and control, secure
23    crime scenes and accident sites, protect the integrity and
24    confidentiality of investigations, and protect the public
25    safety and order.
26    (b) Recordings made with the use of an officer-worn body

 

 

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1camera are not subject to disclosure under the Freedom of
2Information Act, except that:
3        (1) if the subject of the encounter has a reasonable
4    expectation of privacy, at the time of the recording, any
5    recording which is flagged, due to the filing of a
6    complaint, discharge of a firearm, use of force, arrest or
7    detention, or resulting death or bodily harm, shall be
8    disclosed in accordance with the Freedom of Information
9    Act if:
10            (A) the subject of the encounter captured on the
11        recording is a victim or witness; and
12            (B) the law enforcement agency obtains written
13        permission of the subject or the subject's legal
14        representative;
15        (2) except as provided in paragraph (1) of this
16    subsection (b), any recording which is flagged due to the
17    filing of a complaint, discharge of a firearm, use of
18    force, arrest or detention, or resulting death or bodily
19    harm shall be disclosed in accordance with the Freedom of
20    Information Act; and
21        (3) upon request, the law enforcement agency shall
22    disclose, in accordance with the Freedom of Information
23    Act, the recording to the subject of the encounter
24    captured on the recording or to the subject's attorney, or
25    the officer or his or her legal representative.
26    For the purposes of paragraph (1) of this subsection (b),

 

 

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1the subject of the encounter does not have a reasonable
2expectation of privacy if the subject was arrested as a result
3of the encounter. For purposes of subparagraph (A) of
4paragraph (1) of this subsection (b), "witness" does not
5include a person who is a victim or who was arrested as a
6result of the encounter.
7    Only recordings or portions of recordings responsive to
8the request shall be available for inspection or reproduction.
9Any recording disclosed under the Freedom of Information Act
10shall be redacted to remove identification of any person that
11appears on the recording and is not the officer, a subject of
12the encounter, or directly involved in the encounter. Nothing
13in this subsection (b) shall require the disclosure of any
14recording or portion of any recording which would be exempt
15from disclosure under the Freedom of Information Act.
16    (c) Nothing in this Section shall limit access to a camera
17recording for the purposes of complying with Supreme Court
18rules or the rules of evidence.
19(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
20revised 7-30-21.)
 
21    (50 ILCS 706/10-25)
22    Sec. 10-25. Reporting.
23    (a) Each law enforcement agency which employs the use of
24officer-worn body cameras must provide an annual report on the
25use of officer-worn body cameras to the Board, on or before May

 

 

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11 of the year. The report shall include:
2        (1) a brief overview of the makeup of the agency,
3    including the number of officers utilizing officer-worn
4    body cameras;
5        (2) the number of officer-worn body cameras utilized
6    by the law enforcement agency;
7        (3) any technical issues with the equipment and how
8    those issues were remedied;
9        (4) a brief description of the review process used by
10    supervisors within the law enforcement agency;
11        (5) for each recording used in prosecutions of
12    conservation, criminal, or traffic offenses or municipal
13    ordinance violations:
14            (A) the time, date, location, and precinct of the
15        incident;
16            (B) the offense charged and the date charges were
17        filed; and
18        (6) any other information relevant to the
19    administration of the program.
20    (b) On or before July 30 of each year, the Board must
21analyze the law enforcement agency reports and provide an
22annual report to the General Assembly and the Governor.
23(Source: P.A. 99-352, eff. 1-1-16; 101-652.)
 
24    Section 105. The Uniform Crime Reporting Act is amended by
25changing Sections 5-10, 5-12, and 5-20 as follows:
 

 

 

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1    (50 ILCS 709/5-10)
2    Sec. 5-10. Central repository of crime statistics. The
3Illinois State Police shall be a central repository and
4custodian of crime statistics for the State and shall have all
5the power necessary to carry out the purposes of this Act,
6including the power to demand and receive cooperation in the
7submission of crime statistics from all law enforcement
8agencies. All data and information provided to the Illinois
9State Police under this Act must be provided in a manner and
10form prescribed by the Illinois State Police. On an annual
11basis, the Illinois State Police shall make available
12compilations of crime statistics and monthly reporting
13required to be reported by each law enforcement agency.
14(Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21;
15revised 10-15-21.)
 
16    (50 ILCS 709/5-12)
17    Sec. 5-12. Monthly reporting. All law enforcement agencies
18shall submit to the Illinois State Police on a monthly basis
19the following:
20        (1) beginning January 1, 2016, a report on any
21    arrest-related death that shall include information
22    regarding the deceased, the officer, any weapon used by
23    the officer or the deceased, and the circumstances of the
24    incident. The Illinois State Police shall submit on a

 

 

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

 

 

HB4499- 92 -LRB102 21455 LNS 30572 b

1    shall include the number of index crime offenses committed
2    and number of associated arrests; and
3        (6) data on offenses and incidents reported by schools
4    to local law enforcement. The data shall include offenses
5    defined as an attack against school personnel,
6    intimidation offenses, drug incidents, and incidents
7    involving weapons; .
8        (7) beginning on July 1, 2021, a report on incidents
9    where a law enforcement officer was dispatched to deal
10    with a person experiencing a mental health crisis or
11    incident. The report shall include the number of
12    incidents, the level of law enforcement response and the
13    outcome of each incident. For purposes of this Section, a
14    "mental health crisis" is when a person's behavior puts
15    them at risk of hurting themselves or others or prevents
16    them from being able to care for themselves;
17        (8) beginning on July 1, 2021, a report on use of
18    force, including any action that resulted in the death or
19    serious bodily injury of a person or the discharge of a
20    firearm at or in the direction of a person. The report
21    shall include information required by the Department,
22    pursuant to Section 5-11 of this Act.
23(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
24102-538, eff. 8-20-21; revised 10-15-21.)
 
25    (50 ILCS 709/5-20)

 

 

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1    Sec. 5-20. Reporting compliance. The Illinois State Police
2shall annually report to the Illinois Law Enforcement Training
3Standards Board and the Department of Revenue any law
4enforcement agency not in compliance with the reporting
5requirements under this Act. A law enforcement agency's
6compliance with the reporting requirements under this Act
7shall be a factor considered by the Illinois Law Enforcement
8Training Standards Board in awarding grant funding under the
9Law Enforcement Camera Grant Act, with preference to law
10enforcement agencies which are in compliance with reporting
11requirements under this Act.
12(Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21;
13revised 10-15-21.)
 
14    (50 ILCS 709/5-11 rep.)
15    Section 110. The Uniform Crime Reporting Act is amended by
16repealing Section 5-11.
 
17    Section 115. The Uniform Peace Officers' Disciplinary Act
18is amended by changing Sections 3.2, 3.4, and 3.8 as follows:
 
19    (50 ILCS 725/3.2)  (from Ch. 85, par. 2555)
20    Sec. 3.2. No officer shall be subjected to interrogation
21without first being informed in writing of the nature of the
22investigation. If an administrative proceeding is instituted,
23the officer shall be informed beforehand of the names of all

 

 

HB4499- 94 -LRB102 21455 LNS 30572 b

1complainants. The information shall be sufficient as to
2reasonably apprise the officer of the nature of the
3investigation.
4(Source: P.A. 83-981; 101-652.)
 
5    (50 ILCS 725/3.4)  (from Ch. 85, par. 2557)
6    Sec. 3.4. The officer under investigation shall be
7informed in writing of the name, rank and unit or command of
8the officer in charge of the investigation, the interrogators,
9and all persons who will be present on the behalf of the
10employer during any interrogation except at a public
11administrative proceeding. The officer under investigation
12shall inform the employer of any person who will be present on
13his or her behalf during any interrogation except at a public
14administrative hearing.
15(Source: P.A. 94-344, eff. 1-1-06; 101-652.)
 
16    (50 ILCS 725/3.8)  (from Ch. 85, par. 2561)
17    Sec. 3.8. Admissions; counsel; verified complaint.
18    (a) No officer shall be interrogated without first being
19advised in writing that admissions made in the course of the
20interrogation may be used as evidence of misconduct or as the
21basis for charges seeking suspension, removal, or discharge;
22and without first being advised in writing that he or she has
23the right to counsel of his or her choosing who may be present
24to advise him or her at any stage of any interrogation.

 

 

HB4499- 95 -LRB102 21455 LNS 30572 b

1    (b) It shall not be a requirement for a person Anyone
2filing a complaint against a sworn peace officer to must have
3the complaint supported by a sworn affidavit or any other
4legal documentation. This ban on an affidavit requirement
5shall apply to any collective bargaining agreements entered
6after the effective date of this provision. Any complaint,
7having been supported by a sworn affidavit, and having been
8found, in total or in part, to contain knowingly false
9material information, shall be presented to the appropriate
10State's Attorney for a determination of prosecution.
11(Source: P.A. 97-472, eff. 8-22-11; 101-652.)
 
12    Section 120. The Uniform Peace Officers' Disciplinary Act
13is amended by reenacting Section 6 as follows:
 
14    (50 ILCS 725/6)  (from Ch. 85, par. 2567)
15    Sec. 6. Except as otherwise provided in this Act, the
16provisions of this Act apply only to the extent there is no
17collective bargaining agreement currently in effect dealing
18with the subject matter of this Act.
19(Source: P.A. 100-911, eff. 8-17-18.)
 
20    (50 ILCS 727/1-35 rep.)
21    Section 125. The Police and Community Relations
22Improvement Act is amended by repealing Section 1-35.
 

 

 

HB4499- 96 -LRB102 21455 LNS 30572 b

1    Section 130. The Counties Code is amended by changing
2Sections 4-5001, 4-12001, and 4-12001.1 as follows:
 
3    (55 ILCS 5/4-5001)  (from Ch. 34, par. 4-5001)
4    Sec. 4-5001. Sheriffs; counties of first and second class.
5The fees of sheriffs in counties of the first and second class,
6except when increased by county ordinance under this Section,
7shall be as follows:
8    For serving or attempting to serve summons on each
9defendant in each county, $10.
10    For serving or attempting to serve an order or judgment
11granting injunctive relief in each county, $10.
12    For serving or attempting to serve each garnishee in each
13county, $10.
14    For serving or attempting to serve an order for replevin
15in each county, $10.
16    For serving or attempting to serve an order for attachment
17on each defendant in each county, $10.
18    For serving or attempting to serve a warrant of arrest,
19$8, to be paid upon conviction.
20    For returning a defendant from outside the State of
21Illinois, upon conviction, the court shall assess, as court
22costs, the cost of returning a defendant to the jurisdiction.
23    For taking special bail, $1 in each county.
24    For serving or attempting to serve a subpoena on each
25witness, in each county, $10.

 

 

HB4499- 97 -LRB102 21455 LNS 30572 b

1    For advertising property for sale, $5.
2    For returning each process, in each county, $5.
3    Mileage for each mile of necessary travel to serve any
4such process as Stated above, calculating from the place of
5holding court to the place of residence of the defendant, or
6witness, 50 each way.
7    For summoning each juror, $3 with 30 mileage each way in
8all counties.
9    For serving or attempting to serve notice of judgments or
10levying to enforce a judgment, $3 with 50 mileage each way in
11all counties.
12    For taking possession of and removing property levied on,
13the officer shall be allowed to tax the actual cost of such
14possession or removal.
15    For feeding each prisoner, such compensation to cover the
16actual cost as may be fixed by the county board, but such
17compensation shall not be considered a part of the fees of the
18office.
19    For attending before a court with prisoner, on an order
20for habeas corpus, in each county, $10 per day.
21    For attending before a court with a prisoner in any
22criminal proceeding, in each county, $10 per day.
23    For each mile of necessary travel in taking such prisoner
24before the court as stated above, 15 a mile each way.
25    For serving or attempting to serve an order or judgment
26for the possession of real estate in an action of ejectment or

 

 

HB4499- 98 -LRB102 21455 LNS 30572 b

1in any other action, or for restitution in an eviction action
2without aid, $10 and when aid is necessary, the sheriff shall
3be allowed to tax in addition the actual costs thereof, and for
4each mile of necessary travel, 50 each way.
5    For executing and acknowledging a deed of sale of real
6estate, in counties of first class, $4; second class, $4.
7    For preparing, executing and acknowledging a deed on
8redemption from a court sale of real estate in counties of
9first class, $5; second class, $5.
10    For making certificates of sale, and making and filing
11duplicate, in counties of first class, $3; in counties of the
12second class, $3.
13    For making certificate of redemption, $3.
14    For certificate of levy and filing, $3, and the fee for
15recording shall be advanced by the judgment creditor and
16charged as costs.
17    For taking all civil bonds on legal process, civil and
18criminal, in counties of first class, $1; in second class, $1.
19    For executing copies in criminal cases, $4 and mileage for
20each mile of necessary travel, 20 each way.
21    For executing requisitions from other states, $5.
22    For conveying each prisoner from the prisoner's own county
23to the jail of another county, or from another county to the
24jail of the prisoner's county, per mile, for going, only, 30.
25    For conveying persons to the penitentiary, reformatories,
26Illinois State Training School for Boys, Illinois State

 

 

HB4499- 99 -LRB102 21455 LNS 30572 b

1Training School for Girls and Reception Centers, the following
2fees, payable out of the State treasury. For each person who is
3conveyed, 35 per mile in going only to the penitentiary,
4reformatory, Illinois State Training School for Boys, Illinois
5State Training School for Girls and Reception Centers, from
6the place of conviction.
7    The fees provided for transporting persons to the
8penitentiary, reformatories, Illinois State Training School
9for Boys, Illinois State Training School for Girls and
10Reception Centers shall be paid for each trip so made. Mileage
11as used in this Section means the shortest practical route,
12between the place from which the person is to be transported,
13to the penitentiary, reformatories, Illinois State Training
14School for Boys, Illinois State Training School for Girls and
15Reception Centers and all fees per mile shall be computed on
16such basis.
17    For conveying any person to or from any of the charitable
18institutions of the State, when properly committed by
19competent authority, when one person is conveyed, 35 per
20mile; when two persons are conveyed at the same time, 35 per
21mile for the first person and 20 per mile for the second
22person; and 10 per mile for each additional person.
23    For conveying a person from the penitentiary to the county
24jail when required by law, 35 per mile.
25    For attending Supreme Court, $10 per day.
26    In addition to the above fees there shall be allowed to the

 

 

HB4499- 100 -LRB102 21455 LNS 30572 b

1sheriff a fee of $600 for the sale of real estate which is made
2by virtue of any judgment of a court, except that in the case
3of a sale of unimproved real estate which sells for $10,000 or
4less, the fee shall be $150. In addition to this fee and all
5other fees provided by this Section, there shall be allowed to
6the sheriff a fee in accordance with the following schedule
7for the sale of personal estate which is made by virtue of any
8judgment of a court:
9    For judgments up to $1,000, $75;
10    For judgments from $1,001 to $15,000, $150;
11    For judgments over $15,000, $300.
12    The foregoing fees allowed by this Section are the maximum
13fees that may be collected from any officer, agency,
14department or other instrumentality of the State. The county
15board may, however, by ordinance, increase the fees allowed by
16this Section and collect those increased fees from all persons
17and entities other than officers, agencies, departments and
18other instrumentalities of the State if the increase is
19justified by an acceptable cost study showing that the fees
20allowed by this Section are not sufficient to cover the costs
21of providing the service. A statement of the costs of
22providing each service, program and activity shall be prepared
23by the county board. All supporting documents shall be public
24records and subject to public examination and audit. All
25direct and indirect costs, as defined in the United States
26Office of Management and Budget Circular A-87, may be included

 

 

HB4499- 101 -LRB102 21455 LNS 30572 b

1in the determination of the costs of each service, program and
2activity.
3    In all cases where the judgment is settled by the parties,
4replevied, stopped by injunction or paid, or where the
5property levied upon is not actually sold, the sheriff shall
6be allowed his fee for levying and mileage, together with half
7the fee for all money collected by him which he would be
8entitled to if the same was made by sale to enforce the
9judgment. In no case shall the fee exceed the amount of money
10arising from the sale.
11    The fee requirements of this Section do not apply to
12police departments or other law enforcement agencies. For the
13purposes of this Section, "law enforcement agency" means an
14agency of the State or unit of local government which is vested
15by law or ordinance with the duty to maintain public order and
16to enforce criminal laws.
17(Source: P.A. 100-173, eff. 1-1-18; 100-863, eff. 8-14-18;
18101-652.)
 
19    (55 ILCS 5/4-12001)  (from Ch. 34, par. 4-12001)
20    Sec. 4-12001. Fees of sheriff in third class counties. The
21officers herein named, in counties of the third class, shall
22be entitled to receive the fees herein specified, for the
23services mentioned and such other fees as may be provided by
24law for such other services not herein designated.
25Fees for Sheriff

 

 

HB4499- 102 -LRB102 21455 LNS 30572 b

1    For serving or attempting to serve any summons on each
2defendant, $35.
3    For serving or attempting to serve each alias summons or
4other process mileage will be charged as hereinafter provided
5when the address for service differs from the address for
6service on the original summons or other process.
7    For serving or attempting to serve all other process, on
8each defendant, $35.
9    For serving or attempting to serve a subpoena on each
10witness, $35.
11    For serving or attempting to serve each warrant, $35.
12    For serving or attempting to serve each garnishee, $35.
13    For summoning each juror, $10.
14    For serving or attempting to serve each order or judgment
15for replevin, $35.
16    For serving or attempting to serve an order for
17attachment, on each defendant, $35.
18    For serving or attempting to serve an order or judgment
19for the possession of real estate in an action of ejectment or
20in any other action, or for restitution in an eviction action,
21without aid, $35, and when aid is necessary, the sheriff shall
22be allowed to tax in addition the actual costs thereof.
23    For serving or attempting to serve notice of judgment,
24$35.
25    For levying to satisfy an order in an action for
26attachment, $25.

 

 

HB4499- 103 -LRB102 21455 LNS 30572 b

1    For executing order of court to seize personal property,
2$25.
3    For making certificate of levy on real estate and filing
4or recording same, $8, and the fee for filing or recording
5shall be advanced by the plaintiff in attachment or by the
6judgment creditor and taxed as costs. For taking possession of
7or removing property levied on, the sheriff shall be allowed
8to tax the necessary actual costs of such possession or
9removal.
10    For advertising property for sale, $20.
11    For making certificate of sale and making and filing
12duplicate for record, $15, and the fee for recording same
13shall be advanced by the judgment creditor and taxed as costs.
14    For preparing, executing and acknowledging deed on
15redemption from a court sale of real estate, $15; for
16preparing, executing and acknowledging all other deeds on sale
17of real estate, $10.
18    For making and filing certificate of redemption, $15, and
19the fee for recording same shall be advanced by party making
20the redemption and taxed as costs.
21    For making and filing certificate of redemption from a
22court sale, $11, and the fee for recording same shall be
23advanced by the party making the redemption and taxed as
24costs.
25    For taking all bonds on legal process, $10.
26    For taking special bail, $5.

 

 

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1    For returning each process, $15.
2    Mileage for service or attempted service of all process is
3a $10 flat fee.
4    For attending before a court with a prisoner on an order
5for habeas corpus, $9 per day.
6    For executing requisitions from other States, $13.
7    For conveying each prisoner from the prisoner's county to
8the jail of another county, per mile for going only, 25.
9    For committing to or discharging each prisoner from jail,
10$3.
11    For feeding each prisoner, such compensation to cover
12actual costs as may be fixed by the county board, but such
13compensation shall not be considered a part of the fees of the
14office.
15    For committing each prisoner to jail under the laws of the
16United States, to be paid by the marshal or other person
17requiring his confinement, $3.
18    For feeding such prisoners per day, $3, to be paid by the
19marshal or other person requiring the prisoner's confinement.
20    For discharging such prisoners, $3.
21    For conveying persons to the penitentiary, reformatories,
22Illinois State Training School for Boys, Illinois State
23Training School for Girls, Reception Centers and Illinois
24Security Hospital, the following fees, payable out of the
25State Treasury. When one person is conveyed, 20 per mile in
26going to the penitentiary, reformatories, Illinois State

 

 

HB4499- 105 -LRB102 21455 LNS 30572 b

1Training School for Boys, Illinois State Training School for
2Girls, Reception Centers and Illinois Security Hospital from
3the place of conviction; when 2 persons are conveyed at the
4same time, 20 per mile for the first and 15 per mile for the
5second person; when more than 2 persons are conveyed at the
6same time as Stated above, the sheriff shall be allowed 20 per
7mile for the first, 15 per mile for the second and 10 per
8mile for each additional person.
9    The fees provided for herein for transporting persons to
10the penitentiary, reformatories, Illinois State Training
11School for Boys, Illinois State Training School for Girls,
12Reception Centers and Illinois Security Hospital, shall be
13paid for each trip so made. Mileage as used in this Section
14means the shortest route on a hard surfaced road, (either
15State Bond Issue Route or Federal highways) or railroad,
16whichever is shorter, between the place from which the person
17is to be transported, to the penitentiary, reformatories,
18Illinois State Training School for Boys, Illinois State
19Training School for Girls, Reception Centers and Illinois
20Security Hospital, and all fees per mile shall be computed on
21such basis.
22    In addition to the above fees, there shall be allowed to
23the sheriff a fee of $900 for the sale of real estate which
24shall be made by virtue of any judgment of a court. In addition
25to this fee and all other fees provided by this Section, there
26shall be allowed to the sheriff a fee in accordance with the

 

 

HB4499- 106 -LRB102 21455 LNS 30572 b

1following schedule for the sale of personal estate which is
2made by virtue of any judgment of a court:
3    For judgments up to $1,000, $100;
4    For judgments over $1,000 to $15,000, $300;
5    For judgments over $15,000, $500.
6    In all cases where the judgment is settled by the parties,
7replevied, stopped by injunction or paid, or where the
8property levied upon is not actually sold, the sheriff shall
9be allowed the fee for levying and mileage, together with half
10the fee for all money collected by him or her which he or she
11would be entitled to if the same were made by sale in the
12enforcement of a judgment. In no case shall the fee exceed the
13amount of money arising from the sale.
14    The fee requirements of this Section do not apply to
15police departments or other law enforcement agencies. For the
16purposes of this Section, "law enforcement agency" means an
17agency of the State or unit of local government which is vested
18by law or ordinance with the duty to maintain public order and
19to enforce criminal laws or ordinances.
20    The fee requirements of this Section do not apply to units
21of local government or school districts.
22(Source: P.A. 100-173, eff. 1-1-18; 101-652.)
 
23    (55 ILCS 5/4-12001.1)  (from Ch. 34, par. 4-12001.1)
24    Sec. 4-12001.1. Fees of sheriff in third class counties;
25local governments and school districts. The officers herein

 

 

HB4499- 107 -LRB102 21455 LNS 30572 b

1named, in counties of the third class, shall be entitled to
2receive the fees herein specified from all units of local
3government and school districts, for the services mentioned
4and such other fees as may be provided by law for such other
5services not herein designated.
6Fees for Sheriff
7    For serving or attempting to serve any summons on each
8defendant, $25.
9    For serving or attempting to serve each alias summons or
10other process mileage will be charged as hereinafter provided
11when the address for service differs from the address for
12service on the original summons or other process.
13    For serving or attempting to serve all other process, on
14each defendant, $25.
15    For serving or attempting to serve a subpoena on each
16witness, $25.
17    For serving or attempting to serve each warrant, $25.
18    For serving or attempting to serve each garnishee, $25.
19    For summoning each juror, $4.
20    For serving or attempting to serve each order or judgment
21for replevin, $25.
22    For serving or attempting to serve an order for
23attachment, on each defendant, $25.
24    For serving or attempting to serve an order or judgment
25for the possession of real estate in an action of ejectment or
26in any other action, or for restitution in an eviction action,

 

 

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1without aid, $9, and when aid is necessary, the sheriff shall
2be allowed to tax in addition the actual costs thereof.
3    For serving or attempting to serve notice of judgment,
4$25.
5    For levying to satisfy an order in an action for
6attachment, $25.
7    For executing order of court to seize personal property,
8$25.
9    For making certificate of levy on real estate and filing
10or recording same, $3, and the fee for filing or recording
11shall be advanced by the plaintiff in attachment or by the
12judgment creditor and taxed as costs. For taking possession of
13or removing property levied on, the sheriff shall be allowed
14to tax the necessary actual costs of such possession or
15removal.
16    For advertising property for sale, $3.
17    For making certificate of sale and making and filing
18duplicate for record, $3, and the fee for recording same shall
19be advanced by the judgment creditor and taxed as costs.
20    For preparing, executing and acknowledging deed on
21redemption from a court sale of real estate, $6; for
22preparing, executing and acknowledging all other deeds on sale
23of real estate, $4.
24    For making and filing certificate of redemption, $3.50,
25and the fee for recording same shall be advanced by party
26making the redemption and taxed as costs.

 

 

HB4499- 109 -LRB102 21455 LNS 30572 b

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

 

 

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1    For conveying persons to the penitentiary, reformatories,
2Illinois State Training School for Boys, Illinois State
3Training School for Girls, Reception Centers and Illinois
4Security Hospital, the following fees, payable out of the
5State Treasury. When one person is conveyed, 15 per mile in
6going to the penitentiary, reformatories, Illinois State
7Training School for Boys, Illinois State Training School for
8Girls, Reception Centers and Illinois Security Hospital from
9the place of conviction; when 2 persons are conveyed at the
10same time, 15 per mile for the first and 10 per mile for the
11second person; when more than 2 persons are conveyed at the
12same time as stated above, the sheriff shall be allowed 15 per
13mile for the first, 10 per mile for the second and 5 per mile
14for each additional person.
15    The fees provided for herein for transporting persons to
16the penitentiary, reformatories, Illinois State Training
17School for Boys, Illinois State Training School for Girls,
18Reception Centers and Illinois Security Hospital, shall be
19paid for each trip so made. Mileage as used in this Section
20means the shortest route on a hard surfaced road, (either
21State Bond Issue Route or Federal highways) or railroad,
22whichever is shorter, between the place from which the person
23is to be transported, to the penitentiary, reformatories,
24Illinois State Training School for Boys, Illinois State
25Training School for Girls, Reception Centers and Illinois
26Security Hospital, and all fees per mile shall be computed on

 

 

HB4499- 111 -LRB102 21455 LNS 30572 b

1such basis.
2    In addition to the above fees, there shall be allowed to
3the sheriff a fee of $600 for the sale of real estate which
4shall be made by virtue of any judgment of a court. In addition
5to this fee and all other fees provided by this Section, there
6shall be allowed to the sheriff a fee in accordance with the
7following schedule for the sale of personal estate which is
8made by virtue of any judgment of a court:
9    For judgments up to $1,000, $90;
10    For judgments over $1,000 to $15,000, $275;
11    For judgments over $15,000, $400.
12    In all cases where the judgment is settled by the parties,
13replevied, stopped by injunction or paid, or where the
14property levied upon is not actually sold, the sheriff shall
15be allowed the fee for levying and mileage, together with half
16the fee for all money collected by him or her which he or she
17would be entitled to if the same were made by sale in the
18enforcement of a judgment. In no case shall the fee exceed the
19amount of money arising from the sale.
20     All fees collected under Sections 4-12001 and 4-12001.1
21must be used for public safety purposes only.
22(Source: P.A. 100-173, eff. 1-1-18; 101-652.)
 
23    (55 ILCS 5/3-6041 rep.)
24    Section 135. The Counties Code is amended by repealing
25Section 3-6041.
 

 

 

HB4499- 112 -LRB102 21455 LNS 30572 b

1    (65 ILCS 5/11-5.1-2 rep.)
2    Section 140. The Illinois Municipal Code is amended by
3repealing Section 11-5.1-2.
 
4    Section 145. The Illinois Municipal Code is amended by
5reenacting Section 1-2-12.1 as follows:
 
6    (65 ILCS 5/1-2-12.1)
7    Sec. 1-2-12.1. Municipal bond fees. A municipality may
8impose a fee up to $20 for bail processing against any person
9arrested for violating a bailable municipal ordinance or a
10State or federal law.
11(Source: P.A. 97-368, eff. 8-15-11; 101-652, eff. 7-1-21.)
 
12    Section 150. The Campus Security Enhancement Act of 2008
13is amended by changing Section 15 as follows:
 
14    (110 ILCS 12/15)
15    Sec. 15. Arrest reports.
16    (a) When an individual is arrested, the following
17information must be made available to the news media for
18inspection and copying:
19        (1) Information that identifies the individual,
20    including the name, age, address, and photograph, when and
21    if available.

 

 

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

 

 

HB4499- 114 -LRB102 21455 LNS 30572 b

1regular intervals whether in print or electronic format, a
2news service whether in print or electronic format, a radio
3station, a television station, a television network, a
4community antenna television service, or a person or
5corporation engaged in making news reels or other motion
6picture news for public showing.
7    (d) Each law enforcement or correctional agency may charge
8fees for arrest records, but in no instance may the fee exceed
9the actual cost of copying and reproduction. The fees may not
10include the cost of the labor used to reproduce the arrest
11record.
12    (e) The provisions of this Section do not supersede the
13confidentiality provisions for arrest records of the Juvenile
14Court Act of 1987.
15(Source: P.A. 91-309, eff. 7-29-99; 92-16, eff. 6-28-01;
1692-335, eff. 8-10-01; 101-652.)
 
17    Section 155. The Illinois Insurance Code is amended by
18changing Sections 143.19, 143.19.1, and 205 as follows:
 
19    (215 ILCS 5/143.19)  (from Ch. 73, par. 755.19)
20    Sec. 143.19. Cancellation of automobile insurance policy;
21grounds. After a policy of automobile insurance as defined in
22Section 143.13(a) has been effective for 60 days, or if such
23policy is a renewal policy, the insurer shall not exercise its
24option to cancel such policy except for one or more of the

 

 

HB4499- 115 -LRB102 21455 LNS 30572 b

1following reasons:
2        a. Nonpayment of premium;
3        b. The policy was obtained through a material
4    misrepresentation;
5        c. Any insured violated any of the terms and
6    conditions of the policy;
7        d. The named insured failed to disclose fully his
8    motor vehicle accidents and moving traffic violations for
9    the preceding 36 months if called for in the application;
10        e. Any insured made a false or fraudulent claim or
11    knowingly aided or abetted another in the presentation of
12    such a claim;
13        f. The named insured or any other operator who either
14    resides in the same household or customarily operates an
15    automobile insured under such policy:
16            1. has, within the 12 months prior to the notice of
17        cancellation, had his driver's license under
18        suspension or revocation;
19            2. is or becomes subject to epilepsy or heart
20        attacks, and such individual does not produce a
21        certificate from a physician testifying to his
22        unqualified ability to operate a motor vehicle safely;
23            3. has an accident record, conviction record
24        (criminal or traffic), physical, or mental condition
25        which is such that his operation of an automobile
26        might endanger the public safety;

 

 

HB4499- 116 -LRB102 21455 LNS 30572 b

1            4. has, within the 36 months prior to the notice of
2        cancellation, been addicted to the use of narcotics or
3        other drugs; or
4            5. has been convicted, or violated conditions of
5        pretrial release forfeited bail, during the 36 months
6        immediately preceding the notice of cancellation, for
7        any felony, criminal negligence resulting in death,
8        homicide or assault arising out of the operation of a
9        motor vehicle, operating a motor vehicle while in an
10        intoxicated condition or while under the influence of
11        drugs, being intoxicated while in, or about, an
12        automobile or while having custody of an automobile,
13        leaving the scene of an accident without stopping to
14        report, theft or unlawful taking of a motor vehicle,
15        making false statements in an application for an
16        operator's or chauffeur's license or has been
17        convicted or pretrial release has been revoked
18        forfeited bail for 3 or more violations within the 12
19        months immediately preceding the notice of
20        cancellation, of any law, ordinance, or regulation
21        limiting the speed of motor vehicles or any of the
22        provisions of the motor vehicle laws of any state,
23        violation of which constitutes a misdemeanor, whether
24        or not the violations were repetitions of the same
25        offense or different offenses;
26        g. The insured automobile is:

 

 

HB4499- 117 -LRB102 21455 LNS 30572 b

1            1. so mechanically defective that its operation
2        might endanger public safety;
3            2. used in carrying passengers for hire or
4        compensation (the use of an automobile for a car pool
5        shall not be considered use of an automobile for hire
6        or compensation);
7            3. used in the business of transportation of
8        flammables or explosives;
9            4. an authorized emergency vehicle;
10            5. changed in shape or condition during the policy
11        period so as to increase the risk substantially; or
12            6. subject to an inspection law and has not been
13        inspected or, if inspected, has failed to qualify.
14    Nothing in this Section shall apply to nonrenewal.
15(Source: P.A. 100-201, eff. 8-18-17; 101-652.)
 
16    (215 ILCS 5/143.19.1)  (from Ch. 73, par. 755.19.1)
17    Sec. 143.19.1. Limits on exercise of right of nonrenewal.
18After a policy of automobile insurance, as defined in Section
19143.13, has been effective or renewed for 5 or more years, the
20company shall not exercise its right of non-renewal unless:
21    a. The policy was obtained through a material
22misrepresentation; or
23    b. Any insured violated any of the terms and conditions of
24the policy; or
25    c. The named insured failed to disclose fully his motor

 

 

HB4499- 118 -LRB102 21455 LNS 30572 b

1vehicle accidents and moving traffic violations for the
2preceding 36 months, if such information is called for in the
3application; or
4    d. Any insured made a false or fraudulent claim or
5knowingly aided or abetted another in the presentation of such
6a claim; or
7    e. The named insured or any other operator who either
8resides in the same household or customarily operates an
9automobile insured under such a policy:
10        1. Has, within the 12 months prior to the notice of
11    non-renewal had his drivers license under suspension or
12    revocation; or
13        2. Is or becomes subject to epilepsy or heart attacks,
14    and such individual does not produce a certificate from a
15    physician testifying to his unqualified ability to operate
16    a motor vehicle safely; or
17        3. Has an accident record, conviction record (criminal
18    or traffic), or a physical or mental condition which is
19    such that his operation of an automobile might endanger
20    the public safety; or
21        4. Has, within the 36 months prior to the notice of
22    non-renewal, been addicted to the use of narcotics or
23    other drugs; or
24        5. Has been convicted or pretrial release has been
25    revoked forfeited bail, during the 36 months immediately
26    preceding the notice of non-renewal, for any felony,

 

 

HB4499- 119 -LRB102 21455 LNS 30572 b

1    criminal negligence resulting in death, homicide or
2    assault arising out of the operation of a motor vehicle,
3    operating a motor vehicle while in an intoxicated
4    condition or while under the influence of drugs, being
5    intoxicated while in or about an automobile or while
6    having custody of an automobile, leaving the scene of an
7    accident without stopping to report, theft or unlawful
8    taking of a motor vehicle, making false statements in an
9    application for an operators or chauffeurs license, or has
10    been convicted or pretrial release has been revoked
11    forfeited bail for 3 or more violations within the 12
12    months immediately preceding the notice of non-renewal, of
13    any law, ordinance or regulation limiting the speed of
14    motor vehicles or any of the provisions of the motor
15    vehicle laws of any state, violation of which constitutes
16    a misdemeanor, whether or not the violations were
17    repetitions of the same offense or different offenses; or
18    f. The insured automobile is:
19        1. So mechanically defective that its operation might
20    endanger public safety; or
21        2. Used in carrying passengers for hire or
22    compensation (the use of an automobile for a car pool
23    shall not be considered use of an automobile for hire or
24    compensation); or
25        3. Used in the business of transportation of
26    flammables or explosives; or

 

 

HB4499- 120 -LRB102 21455 LNS 30572 b

1        4. An authorized emergency vehicle; or
2        5. Changed in shape or condition during the policy
3    period so as to increase the risk substantially; or
4        6. Subject to an inspection law and it has not been
5    inspected or, if inspected, has failed to qualify; or
6    g. The notice of the intention not to renew is mailed to
7the insured at least 60 days before the date of nonrenewal as
8provided in Section 143.17.
9(Source: P.A. 89-669, eff. 1-1-97; 101-652.)
 
10    (215 ILCS 5/205)  (from Ch. 73, par. 817)
11    Sec. 205. Priority of distribution of general assets.
12    (1) The priorities of distribution of general assets from
13the company's estate is to be as follows:
14        (a) The costs and expenses of administration,
15    including, but not limited to, the following:
16            (i) The reasonable expenses of the Illinois
17        Insurance Guaranty Fund, the Illinois Life and Health
18        Insurance Guaranty Association, and the Illinois
19        Health Maintenance Organization Guaranty Association
20        and of any similar organization in any other state,
21        including overhead, salaries, and other general
22        administrative expenses allocable to the receivership
23        (administrative and claims handling expenses and
24        expenses in connection with arrangements for ongoing
25        coverage), but excluding expenses incurred in the

 

 

HB4499- 121 -LRB102 21455 LNS 30572 b

1        performance of duties under Section 547 or similar
2        duties under the statute governing a similar
3        organization in another state. For property and
4        casualty insurance guaranty associations that guaranty
5        certain obligations of any member company as defined
6        by Section 534.5, expenses shall include, but not be
7        limited to, loss adjustment expenses, which shall
8        include adjusting and other expenses and defense and
9        cost containment expenses. The expenses of such
10        property and casualty guaranty associations, including
11        the Illinois Insurance Guaranty Fund, shall be
12        reimbursed as prescribed by Section 545, but shall be
13        subordinate to all other costs and expenses of
14        administration, including the expenses reimbursed
15        pursuant to subparagraph (ii) of this paragraph (a).
16            (ii) The expenses expressly approved or ratified
17        by the Director as liquidator or rehabilitator,
18        including, but not limited to, the following:
19                (1) the actual and necessary costs of
20            preserving or recovering the property of the
21            insurer;
22                (2) reasonable compensation for all services
23            rendered on behalf of the administrative
24            supervisor or receiver;
25                (3) any necessary filing fees;
26                (4) the fees and mileage payable to witnesses;

 

 

HB4499- 122 -LRB102 21455 LNS 30572 b

1                (5) unsecured loans obtained by the receiver;
2            and
3                (6) expenses approved by the conservator or
4        rehabilitator of the insurer, if any, incurred in the
5        course of the conservation or rehabilitation that are
6        unpaid at the time of the entry of the order of
7        liquidation.
8        Any unsecured loan falling under item (5) of
9    subparagraph (ii) of this paragraph (a) shall have
10    priority over all other costs and expenses of
11    administration, unless the lender agrees otherwise. Absent
12    agreement to the contrary, all other costs and expenses of
13    administration shall be shared on a pro-rata basis, except
14    for the expenses of property and casualty guaranty
15    associations, which shall have a lower priority pursuant
16    to subparagraph (i) of this paragraph (a).
17        (b) Secured claims, including claims for taxes and
18    debts due the federal or any state or local government,
19    that are secured by liens perfected prior to the filing of
20    the complaint.
21        (c) Claims for wages actually owing to employees for
22    services rendered within 3 months prior to the date of the
23    filing of the complaint, not exceeding $1,000 to each
24    employee unless there are claims due the federal
25    government under paragraph (f), then the claims for wages
26    shall have a priority of distribution immediately

 

 

HB4499- 123 -LRB102 21455 LNS 30572 b

1    following that of federal claims under paragraph (f) and
2    immediately preceding claims of general creditors under
3    paragraph (g).
4        (d) Claims by policyholders, beneficiaries, and
5    insureds, under insurance policies, annuity contracts, and
6    funding agreements, liability claims against insureds
7    covered under insurance policies and insurance contracts
8    issued by the company, claims of obligees (and, subject to
9    the discretion of the receiver, completion contractors)
10    under surety bonds and surety undertakings (not to include
11    bail bonds, mortgage or financial guaranty, or other forms
12    of insurance offering protection against investment risk),
13    claims by principals under surety bonds and surety
14    undertakings for wrongful dissipation of collateral by the
15    insurer or its agents, and claims incurred during any
16    extension of coverage provided under subsection (5) of
17    Section 193, and claims of the Illinois Insurance Guaranty
18    Fund, the Illinois Life and Health Insurance Guaranty
19    Association, the Illinois Health Maintenance Organization
20    Guaranty Association, and any similar organization in
21    another state as prescribed in Section 545. For purposes
22    of this Section, "funding agreement" means an agreement
23    whereby an insurer authorized to write business under
24    Class 1 of Section 4 of this Code may accept and accumulate
25    funds and make one or more payments at future dates in
26    amounts that are not based upon mortality or morbidity

 

 

HB4499- 124 -LRB102 21455 LNS 30572 b

1    contingencies.
2        (e) Claims by policyholders, beneficiaries, and
3    insureds, the allowed values of which were determined by
4    estimation under paragraph (b) of subsection (4) of
5    Section 209.
6        (f) Any other claims due the federal government.
7        (g) All other claims of general creditors not falling
8    within any other priority under this Section including
9    claims for taxes and debts due any state or local
10    government which are not secured claims and claims for
11    attorneys' fees incurred by the company in contesting its
12    conservation, rehabilitation, or liquidation.
13        (h) Claims of guaranty fund certificate holders,
14    guaranty capital shareholders, capital note holders, and
15    surplus note holders.
16        (i) Proprietary claims of shareholders, members, or
17    other owners.
18    Every claim under a written agreement, statute, or rule
19providing that the assets in a separate account are not
20chargeable with the liabilities arising out of any other
21business of the insurer shall be satisfied out of the funded
22assets in the separate account equal to, but not to exceed, the
23reserves maintained in the separate account under the separate
24account agreement, and to the extent, if any, the claim is not
25fully discharged thereby, the remainder of the claim shall be
26treated as a priority level (d) claim under paragraph (d) of

 

 

HB4499- 125 -LRB102 21455 LNS 30572 b

1this subsection to the extent that reserves have been
2established in the insurer's general account pursuant to
3statute, rule, or the separate account agreement.
4    For purposes of this provision, "separate account
5policies, contracts, or agreements" means any policies,
6contracts, or agreements that provide for separate accounts as
7contemplated by Section 245.21.
8    To the extent that any assets of an insurer, other than
9those assets properly allocated to and maintained in a
10separate account, have been used to fund or pay any expenses,
11taxes, or policyholder benefits that are attributable to a
12separate account policy, contract, or agreement that should
13have been paid by a separate account prior to the commencement
14of receivership proceedings, then upon the commencement of
15receivership proceedings, the separate accounts that benefited
16from this payment or funding shall first be used to repay or
17reimburse the company's general assets or account for any
18unreimbursed net sums due at the commencement of receivership
19proceedings prior to the application of the separate account
20assets to the satisfaction of liabilities or the corresponding
21separate account policies, contracts, and agreements.
22    To the extent, if any, reserves or assets maintained in
23the separate account are in excess of the amounts needed to
24satisfy claims under the separate account contracts, the
25excess shall be treated as part of the general assets of the
26insurer's estate.

 

 

HB4499- 126 -LRB102 21455 LNS 30572 b

1    (2) Within 120 days after the issuance of an Order of
2Liquidation with a finding of insolvency against a domestic
3company, the Director shall make application to the court
4requesting authority to disburse funds to the Illinois
5Insurance Guaranty Fund, the Illinois Life and Health
6Insurance Guaranty Association, the Illinois Health
7Maintenance Organization Guaranty Association, and similar
8organizations in other states from time to time out of the
9company's marshaled assets as funds become available in
10amounts equal to disbursements made by the Illinois Insurance
11Guaranty Fund, the Illinois Life and Health Insurance Guaranty
12Association, the Illinois Health Maintenance Organization
13Guaranty Association, and similar organizations in other
14states for covered claims obligations on the presentation of
15evidence that such disbursements have been made by the
16Illinois Insurance Guaranty Fund, the Illinois Life and Health
17Insurance Guaranty Association, the Illinois Health
18Maintenance Organization Guaranty Association, and similar
19organizations in other states.
20    The Director shall establish procedures for the ratable
21allocation and distribution of disbursements to the Illinois
22Insurance Guaranty Fund, the Illinois Life and Health
23Insurance Guaranty Association, the Illinois Health
24Maintenance Organization Guaranty Association, and similar
25organizations in other states. In determining the amounts
26available for disbursement, the Director shall reserve

 

 

HB4499- 127 -LRB102 21455 LNS 30572 b

1sufficient assets for the payment of the expenses of
2administration described in paragraph (1)(a) of this Section.
3All funds available for disbursement after the establishment
4of the prescribed reserve shall be promptly distributed. As a
5condition to receipt of funds in reimbursement of covered
6claims obligations, the Director shall secure from the
7Illinois Insurance Guaranty Fund, the Illinois Life and Health
8Insurance Guaranty Association, the Illinois Health
9Maintenance Organization Guaranty Association, and each
10similar organization in other states, an agreement to return
11to the Director on demand funds previously received as may be
12required to pay claims of secured creditors and claims falling
13within the priorities established in paragraphs (a), (b), (c),
14and (d) of subsection (1) of this Section in accordance with
15such priorities.
16    (3) The changes made in this Section by this amendatory
17Act of the 100th General Assembly apply to all liquidation,
18rehabilitation, or conservation proceedings that are pending
19on the effective date of this amendatory Act of the 100th
20General Assembly and to all future liquidation,
21rehabilitation, or conservation proceedings.
22    (4) The provisions of this Section are severable under
23Section 1.31 of the Statute on Statutes.
24(Source: P.A. 100-410, eff. 8-25-17; 101-652.)
 
25    Section 160. The Illinois Gambling Act is amended by

 

 

HB4499- 128 -LRB102 21455 LNS 30572 b

1changing Section 5.1 as follows:
 
2    (230 ILCS 10/5.1)  (from Ch. 120, par. 2405.1)
3    Sec. 5.1. Disclosure of records.
4    (a) Notwithstanding any applicable statutory provision to
5the contrary, the Board shall, on written request from any
6person, provide information furnished by an applicant or
7licensee concerning the applicant or licensee, his products,
8services or gambling enterprises and his business holdings, as
9follows:
10        (1) The name, business address and business telephone
11    number of any applicant or licensee.
12        (2) An identification of any applicant or licensee
13    including, if an applicant or licensee is not an
14    individual, the names and addresses of all stockholders
15    and directors, if the entity is a corporation; the names
16    and addresses of all members, if the entity is a limited
17    liability company; the names and addresses of all
18    partners, both general and limited, if the entity is a
19    partnership; and the names and addresses of all
20    beneficiaries, if the entity is a trust. If an applicant
21    or licensee has a pending registration statement filed
22    with the Securities and Exchange Commission, only the
23    names of those persons or entities holding interest of 5%
24    or more must be provided.
25        (3) An identification of any business, including, if

 

 

HB4499- 129 -LRB102 21455 LNS 30572 b

1    applicable, the state of incorporation or registration, in
2    which an applicant or licensee or an applicant's or
3    licensee's spouse or children has an equity interest of
4    more than 1%. If an applicant or licensee is a
5    corporation, partnership or other business entity, the
6    applicant or licensee shall identify any other
7    corporation, partnership or business entity in which it
8    has an equity interest of 1% or more, including, if
9    applicable, the state of incorporation or registration.
10    This information need not be provided by a corporation,
11    partnership or other business entity that has a pending
12    registration statement filed with the Securities and
13    Exchange Commission.
14        (4) Whether an applicant or licensee has been
15    indicted, convicted, pleaded guilty or nolo contendere, or
16    pretrial release has been revoked forfeited bail
17    concerning any criminal offense under the laws of any
18    jurisdiction, either felony or misdemeanor (except for
19    traffic violations), including the date, the name and
20    location of the court, arresting agency and prosecuting
21    agency, the case number, the offense, the disposition and
22    the location and length of incarceration.
23        (5) Whether an applicant or licensee has had any
24    license or certificate issued by a licensing authority in
25    Illinois or any other jurisdiction denied, restricted,
26    suspended, revoked or not renewed and a statement

 

 

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1    describing the facts and circumstances concerning the
2    denial, restriction, suspension, revocation or
3    non-renewal, including the licensing authority, the date
4    each such action was taken, and the reason for each such
5    action.
6        (6) Whether an applicant or licensee has ever filed or
7    had filed against it a proceeding in bankruptcy or has
8    ever been involved in any formal process to adjust, defer,
9    suspend or otherwise work out the payment of any debt
10    including the date of filing, the name and location of the
11    court, the case and number of the disposition.
12        (7) Whether an applicant or licensee has filed, or
13    been served with a complaint or other notice filed with
14    any public body, regarding the delinquency in the payment
15    of, or a dispute over the filings concerning the payment
16    of, any tax required under federal, State or local law,
17    including the amount, type of tax, the taxing agency and
18    time periods involved.
19        (8) A statement listing the names and titles of all
20    public officials or officers of any unit of government,
21    and relatives of said public officials or officers who,
22    directly or indirectly, own any financial interest in,
23    have any beneficial interest in, are the creditors of or
24    hold any debt instrument issued by, or hold or have any
25    interest in any contractual or service relationship with,
26    an applicant or licensee.

 

 

HB4499- 131 -LRB102 21455 LNS 30572 b

1        (9) Whether an applicant or licensee has made,
2    directly or indirectly, any political contribution, or any
3    loans, donations or other payments, to any candidate or
4    office holder, within 5 years from the date of filing the
5    application, including the amount and the method of
6    payment.
7        (10) The name and business telephone number of the
8    counsel representing an applicant or licensee in matters
9    before the Board.
10        (11) A description of any proposed or approved
11    gambling operation, including the type of boat, home dock,
12    or casino or gaming location, expected economic benefit to
13    the community, anticipated or actual number of employees,
14    any statement from an applicant or licensee regarding
15    compliance with federal and State affirmative action
16    guidelines, projected or actual admissions and projected
17    or actual adjusted gross gaming receipts.
18        (12) A description of the product or service to be
19    supplied by an applicant for a supplier's license.
20    (b) Notwithstanding any applicable statutory provision to
21the contrary, the Board shall, on written request from any
22person, also provide the following information:
23        (1) The amount of the wagering tax and admission tax
24    paid daily to the State of Illinois by the holder of an
25    owner's license.
26        (2) Whenever the Board finds an applicant for an

 

 

HB4499- 132 -LRB102 21455 LNS 30572 b

1    owner's license unsuitable for licensing, a copy of the
2    written letter outlining the reasons for the denial.
3        (3) Whenever the Board has refused to grant leave for
4    an applicant to withdraw his application, a copy of the
5    letter outlining the reasons for the refusal.
6    (c) Subject to the above provisions, the Board shall not
7disclose any information which would be barred by:
8        (1) Section 7 of the Freedom of Information Act; or
9        (2) The statutes, rules, regulations or
10    intergovernmental agreements of any jurisdiction.
11    (d) The Board may assess fees for the copying of
12information in accordance with Section 6 of the Freedom of
13Information Act.
14(Source: P.A. 101-31, eff. 6-28-19; 101-652.)
 
15    Section 165. The Sexual Assault Survivors Emergency
16Treatment Act is amended by changing Section 7.5 as follows:
 
17    (410 ILCS 70/7.5)
18    Sec. 7.5. Prohibition on billing sexual assault survivors
19directly for certain services; written notice; billing
20protocols.
21    (a) A hospital, approved pediatric health care facility,
22health care professional, ambulance provider, laboratory, or
23pharmacy furnishing medical forensic services, transportation,
24follow-up healthcare, or medication to a sexual assault

 

 

HB4499- 133 -LRB102 21455 LNS 30572 b

1survivor shall not:
2        (1) charge or submit a bill for any portion of the
3    costs of the services, transportation, or medications to
4    the sexual assault survivor, including any insurance
5    deductible, co-pay, co-insurance, denial of claim by an
6    insurer, spenddown, or any other out-of-pocket expense;
7        (2) communicate with, harass, or intimidate the sexual
8    assault survivor for payment of services, including, but
9    not limited to, repeatedly calling or writing to the
10    sexual assault survivor and threatening to refer the
11    matter to a debt collection agency or to an attorney for
12    collection, enforcement, or filing of other process;
13        (3) refer a bill to a collection agency or attorney
14    for collection action against the sexual assault survivor;
15        (4) contact or distribute information to affect the
16    sexual assault survivor's credit rating; or
17        (5) take any other action adverse to the sexual
18    assault survivor or his or her family on account of
19    providing services to the sexual assault survivor.
20    (b) Nothing in this Section precludes a hospital, health
21care provider, ambulance provider, laboratory, or pharmacy
22from billing the sexual assault survivor or any applicable
23health insurance or coverage for inpatient services.
24    (c) Every hospital and approved pediatric health care
25facility providing treatment services to sexual assault
26survivors in accordance with a plan approved under Section 2

 

 

HB4499- 134 -LRB102 21455 LNS 30572 b

1of this Act shall provide a written notice to a sexual assault
2survivor. The written notice must include, but is not limited
3to, the following:
4        (1) a statement that the sexual assault survivor
5    should not be directly billed by any ambulance provider
6    providing transportation services, or by any hospital,
7    approved pediatric health care facility, health care
8    professional, laboratory, or pharmacy for the services the
9    sexual assault survivor received as an outpatient at the
10    hospital or approved pediatric health care facility;
11        (2) a statement that a sexual assault survivor who is
12    admitted to a hospital may be billed for inpatient
13    services provided by a hospital, health care professional,
14    laboratory, or pharmacy;
15        (3) a statement that prior to leaving the hospital or
16    approved pediatric health care facility, the hospital or
17    approved pediatric health care facility will give the
18    sexual assault survivor a sexual assault services voucher
19    for follow-up healthcare if the sexual assault survivor is
20    eligible to receive a sexual assault services voucher;
21        (4) the definition of "follow-up healthcare" as set
22    forth in Section 1a of this Act;
23        (5) a phone number the sexual assault survivor may
24    call should the sexual assault survivor receive a bill
25    from the hospital or approved pediatric health care
26    facility for medical forensic services;

 

 

HB4499- 135 -LRB102 21455 LNS 30572 b

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

 

 

HB4499- 136 -LRB102 21455 LNS 30572 b

1protocol that ensures that no survivor of sexual assault is
2sent a bill for any medical forensic services and submit the
3billing protocol to the Crime Victim Services Division of the
4Office of the Attorney General for approval. Health care
5professionals who bill as a legal entity may submit a single
6billing protocol for the billing entity.
7    Within 60 days after the Department's approval of a
8treatment plan, an approved pediatric health care facility and
9any health care professional employed by an approved pediatric
10health care facility must develop a billing protocol that
11ensures that no survivor of sexual assault is sent a bill for
12any medical forensic services and submit the billing protocol
13to the Crime Victim Services Division of the Office of the
14Attorney General for approval.
15     The billing protocol must include at a minimum:
16        (1) a description of training for persons who prepare
17    bills for medical and forensic services;
18        (2) a written acknowledgement signed by a person who
19    has completed the training that the person will not bill
20    survivors of sexual assault;
21        (3) prohibitions on submitting any bill for any
22    portion of medical forensic services provided to a
23    survivor of sexual assault to a collection agency;
24        (4) prohibitions on taking any action that would
25    adversely affect the credit of the survivor of sexual
26    assault;

 

 

HB4499- 137 -LRB102 21455 LNS 30572 b

1        (5) the termination of all collection activities if
2    the protocol is violated; and
3        (6) the actions to be taken if a bill is sent to a
4    collection agency or the failure to pay is reported to any
5    credit reporting agency.
6    The Crime Victim Services Division of the Office of the
7Attorney General may provide a sample acceptable billing
8protocol upon request.
9    The Office of the Attorney General shall approve a
10proposed protocol if it finds that the implementation of the
11protocol would result in no survivor of sexual assault being
12billed or sent a bill for medical forensic services.
13    If the Office of the Attorney General determines that
14implementation of the protocol could result in the billing of
15a survivor of sexual assault for medical forensic services,
16the Office of the Attorney General shall provide the health
17care professional or approved pediatric health care facility
18with a written statement of the deficiencies in the protocol.
19The health care professional or approved pediatric health care
20facility shall have 30 days to submit a revised billing
21protocol addressing the deficiencies to the Office of the
22Attorney General. The health care professional or approved
23pediatric health care facility shall implement the protocol
24upon approval by the Crime Victim Services Division of the
25Office of the Attorney General.
26    The health care professional or approved pediatric health

 

 

HB4499- 138 -LRB102 21455 LNS 30572 b

1care facility shall submit any proposed revision to or
2modification of an approved billing protocol to the Crime
3Victim Services Division of the Office of the Attorney General
4for approval. The health care professional or approved
5pediatric health care facility shall implement the revised or
6modified billing protocol upon approval by the Crime Victim
7Services Division of the Office of the Illinois Attorney
8General.
9    (e) This Section is effective on and after January 1,
102022.
11(Source: P.A. 101-634, eff. 6-5-20; 101-652, eff. 7-1-21;
12102-22, eff. 6-25-21.)
 
13    Section 170. The Illinois Vehicle Code is amended by
14changing Sections 6-204, 6-206, 6-308, 6-500, 6-601, and
1516-103 as follows:
 
16    (625 ILCS 5/6-204)  (from Ch. 95 1/2, par. 6-204)
17    Sec. 6-204. When court to forward license and reports.
18    (a) For the purpose of providing to the Secretary of State
19the records essential to the performance of the Secretary's
20duties under this Code to cancel, revoke or suspend the
21driver's license and privilege to drive motor vehicles of
22certain minors and of persons found guilty of the criminal
23offenses or traffic violations which this Code recognizes as
24evidence relating to unfitness to safely operate motor

 

 

HB4499- 139 -LRB102 21455 LNS 30572 b

1vehicles, the following duties are imposed upon public
2officials:
3        (1) Whenever any person is convicted of any offense
4    for which this Code makes mandatory the cancellation or
5    revocation of the driver's license or permit of such
6    person by the Secretary of State, the judge of the court in
7    which such conviction is had shall require the surrender
8    to the clerk of the court of all driver's licenses or
9    permits then held by the person so convicted, and the
10    clerk of the court shall, within 5 days thereafter,
11    forward the same, together with a report of such
12    conviction, to the Secretary.
13        (2) Whenever any person is convicted of any offense
14    under this Code or similar offenses under a municipal
15    ordinance, other than regulations governing standing,
16    parking or weights of vehicles, and excepting the
17    following enumerated Sections of this Code: Sections
18    11-1406 (obstruction to driver's view or control), 11-1407
19    (improper opening of door into traffic), 11-1410 (coasting
20    on downgrade), 11-1411 (following fire apparatus),
21    11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
22    vehicle which is in unsafe condition or improperly
23    equipped), 12-201(a) (daytime lights on motorcycles),
24    12-202 (clearance, identification and side marker lamps),
25    12-204 (lamp or flag on projecting load), 12-205 (failure
26    to display the safety lights required), 12-401

 

 

HB4499- 140 -LRB102 21455 LNS 30572 b

1    (restrictions as to tire equipment), 12-502 (mirrors),
2    12-503 (windshields must be unobstructed and equipped with
3    wipers), 12-601 (horns and warning devices), 12-602
4    (mufflers, prevention of noise or smoke), 12-603 (seat
5    safety belts), 12-702 (certain vehicles to carry flares or
6    other warning devices), 12-703 (vehicles for oiling roads
7    operated on highways), 12-710 (splash guards and
8    replacements), 13-101 (safety tests), 15-101 (size, weight
9    and load), 15-102 (width), 15-103 (height), 15-104 (name
10    and address on second division vehicles), 15-107 (length
11    of vehicle), 15-109.1 (cover or tarpaulin), 15-111
12    (weights), 15-112 (weights), 15-301 (weights), 15-316
13    (weights), 15-318 (weights), and also excepting the
14    following enumerated Sections of the Chicago Municipal
15    Code: Sections 27-245 (following fire apparatus), 27-254
16    (obstruction of traffic), 27-258 (driving vehicle which is
17    in unsafe condition), 27-259 (coasting on downgrade),
18    27-264 (use of horns and signal devices), 27-265
19    (obstruction to driver's view or driver mechanism), 27-267
20    (dimming of headlights), 27-268 (unattended motor
21    vehicle), 27-272 (illegal funeral procession), 27-273
22    (funeral procession on boulevard), 27-275 (driving freight
23    hauling vehicles on boulevard), 27-276 (stopping and
24    standing of buses or taxicabs), 27-277 (cruising of public
25    passenger vehicles), 27-305 (parallel parking), 27-306
26    (diagonal parking), 27-307 (parking not to obstruct

 

 

HB4499- 141 -LRB102 21455 LNS 30572 b

1    traffic), 27-308 (stopping, standing or parking
2    regulated), 27-311 (parking regulations), 27-312 (parking
3    regulations), 27-313 (parking regulations), 27-314
4    (parking regulations), 27-315 (parking regulations),
5    27-316 (parking regulations), 27-317 (parking
6    regulations), 27-318 (parking regulations), 27-319
7    (parking regulations), 27-320 (parking regulations),
8    27-321 (parking regulations), 27-322 (parking
9    regulations), 27-324 (loading and unloading at an angle),
10    27-333 (wheel and axle loads), 27-334 (load restrictions
11    in the downtown district), 27-335 (load restrictions in
12    residential areas), 27-338 (width of vehicles), 27-339
13    (height of vehicles), 27-340 (length of vehicles), 27-352
14    (reflectors on trailers), 27-353 (mufflers), 27-354
15    (display of plates), 27-355 (display of city vehicle tax
16    sticker), 27-357 (identification of vehicles), 27-358
17    (projecting of loads), and also excepting the following
18    enumerated paragraphs of Section 2-201 of the Rules and
19    Regulations of the Illinois State Toll Highway Authority:
20    (l) (driving unsafe vehicle on tollway), (m) (vehicles
21    transporting dangerous cargo not properly indicated), it
22    shall be the duty of the clerk of the court in which such
23    conviction is had within 5 days thereafter to forward to
24    the Secretary of State a report of the conviction and the
25    court may recommend the suspension of the driver's license
26    or permit of the person so convicted.

 

 

HB4499- 142 -LRB102 21455 LNS 30572 b

1        The reporting requirements of this subsection shall
2    apply to all violations stated in paragraphs (1) and (2)
3    of this subsection when the individual has been
4    adjudicated under the Juvenile Court Act or the Juvenile
5    Court Act of 1987. Such reporting requirements shall also
6    apply to individuals adjudicated under the Juvenile Court
7    Act or the Juvenile Court Act of 1987 who have committed a
8    violation of Section 11-501 of this Code, or similar
9    provision of a local ordinance, or Section 9-3 of the
10    Criminal Code of 1961 or the Criminal Code of 2012,
11    relating to the offense of reckless homicide, or Section
12    5-7 of the Snowmobile Registration and Safety Act or
13    Section 5-16 of the Boat Registration and Safety Act,
14    relating to the offense of operating a snowmobile or a
15    watercraft while under the influence of alcohol, other
16    drug or drugs, intoxicating compound or compounds, or
17    combination thereof. These reporting requirements also
18    apply to individuals adjudicated under the Juvenile Court
19    Act of 1987 based on any offense determined to have been
20    committed in furtherance of the criminal activities of an
21    organized gang, as provided in Section 5-710 of that Act,
22    if those activities involved the operation or use of a
23    motor vehicle. It shall be the duty of the clerk of the
24    court in which adjudication is had within 5 days
25    thereafter to forward to the Secretary of State a report
26    of the adjudication and the court order requiring the

 

 

HB4499- 143 -LRB102 21455 LNS 30572 b

1    Secretary of State to suspend the minor's driver's license
2    and driving privilege for such time as determined by the
3    court, but only until he or she attains the age of 18
4    years. All juvenile court dispositions reported to the
5    Secretary of State under this provision shall be processed
6    by the Secretary of State as if the cases had been
7    adjudicated in traffic or criminal court. However,
8    information reported relative to the offense of reckless
9    homicide, or Section 11-501 of this Code, or a similar
10    provision of a local ordinance, shall be privileged and
11    available only to the Secretary of State, courts, and
12    police officers.
13        The reporting requirements of this subsection (a)
14    apply to all violations listed in paragraphs (1) and (2)
15    of this subsection (a), excluding parking violations, when
16    the driver holds a CLP or CDL, regardless of the type of
17    vehicle in which the violation occurred, or when any
18    driver committed the violation in a commercial motor
19    vehicle as defined in Section 6-500 of this Code.
20        (3) Whenever an order is entered vacating the
21    conditions of pretrial release forfeiture of any bail,
22    security or bond given to secure appearance for any
23    offense under this Code or similar offenses under
24    municipal ordinance, it shall be the duty of the clerk of
25    the court in which such vacation was had or the judge of
26    such court if such court has no clerk, within 5 days

 

 

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1    thereafter to forward to the Secretary of State a report
2    of the vacation.
3        (4) A report of any disposition of court supervision
4    for a violation of Sections 6-303, 11-401, 11-501 or a
5    similar provision of a local ordinance, 11-503, 11-504,
6    and 11-506 of this Code, Section 5-7 of the Snowmobile
7    Registration and Safety Act, and Section 5-16 of the Boat
8    Registration and Safety Act shall be forwarded to the
9    Secretary of State. A report of any disposition of court
10    supervision for a violation of an offense defined as a
11    serious traffic violation in this Code or a similar
12    provision of a local ordinance committed by a person under
13    the age of 21 years shall be forwarded to the Secretary of
14    State.
15        (5) Reports of conviction under this Code and
16    sentencing hearings under the Juvenile Court Act of 1987
17    in an electronic format or a computer processible medium
18    shall be forwarded to the Secretary of State via the
19    Supreme Court in the form and format required by the
20    Illinois Supreme Court and established by a written
21    agreement between the Supreme Court and the Secretary of
22    State. In counties with a population over 300,000, instead
23    of forwarding reports to the Supreme Court, reports of
24    conviction under this Code and sentencing hearings under
25    the Juvenile Court Act of 1987 in an electronic format or a
26    computer processible medium may be forwarded to the

 

 

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

 

 

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1repeat traffic law offenders, the clerk of the court shall
2forward to the Secretary of State, on a form prescribed by the
3Secretary, records of a driver's participation in a driver
4remedial or rehabilitative program which was required, through
5a court order or court supervision, in relation to the
6driver's arrest for a violation of Section 11-501 of this Code
7or a similar provision of a local ordinance. The clerk of the
8court shall also forward to the Secretary, either on paper or
9in an electronic format or a computer processible medium as
10required under paragraph (5) of subsection (a) of this
11Section, any disposition of court supervision for any traffic
12violation, excluding those offenses listed in paragraph (2) of
13subsection (a) of this Section. These reports shall be sent
14within 5 days after disposition, or, if the driver is referred
15to a driver remedial or rehabilitative program, within 5 days
16of the driver's referral to that program. These reports
17received by the Secretary of State, including those required
18to be forwarded under paragraph (a)(4), shall be privileged
19information, available only (i) to the affected driver, (ii)
20to the parent or guardian of a person under the age of 18 years
21holding an instruction permit or a graduated driver's license,
22and (iii) for use by the courts, police officers, prosecuting
23authorities, the Secretary of State, and the driver licensing
24administrator of any other state. In accordance with 49 C.F.R.
25Part 384, all reports of court supervision, except violations
26related to parking, shall be forwarded to the Secretary of

 

 

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1State for all holders of a CLP or CDL or any driver who commits
2an offense while driving a commercial motor vehicle. These
3reports shall be recorded to the driver's record as a
4conviction for use in the disqualification of the driver's
5commercial motor vehicle privileges and shall not be
6privileged information.
7(Source: P.A. 100-74, eff. 8-11-17; 101-623, eff. 7-1-20;
8101-652.)
 
9    (625 ILCS 5/6-206)
10    Sec. 6-206. Discretionary authority to suspend or revoke
11license or permit; right to a hearing.
12    (a) The Secretary of State is authorized to suspend or
13revoke the driving privileges of any person without
14preliminary hearing upon a showing of the person's records or
15other sufficient evidence that the person:
16        1. Has committed an offense for which mandatory
17    revocation of a driver's license or permit is required
18    upon conviction;
19        2. Has been convicted of not less than 3 offenses
20    against traffic regulations governing the movement of
21    vehicles committed within any 12-month 12 month period. No
22    revocation or suspension shall be entered more than 6
23    months after the date of last conviction;
24        3. Has been repeatedly involved as a driver in motor
25    vehicle collisions or has been repeatedly convicted of

 

 

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1    offenses against laws and ordinances regulating the
2    movement of traffic, to a degree that indicates lack of
3    ability to exercise ordinary and reasonable care in the
4    safe operation of a motor vehicle or disrespect for the
5    traffic laws and the safety of other persons upon the
6    highway;
7        4. Has by the unlawful operation of a motor vehicle
8    caused or contributed to an accident resulting in injury
9    requiring immediate professional treatment in a medical
10    facility or doctor's office to any person, except that any
11    suspension or revocation imposed by the Secretary of State
12    under the provisions of this subsection shall start no
13    later than 6 months after being convicted of violating a
14    law or ordinance regulating the movement of traffic, which
15    violation is related to the accident, or shall start not
16    more than one year after the date of the accident,
17    whichever date occurs later;
18        5. Has permitted an unlawful or fraudulent use of a
19    driver's license, identification card, or permit;
20        6. Has been lawfully convicted of an offense or
21    offenses in another state, including the authorization
22    contained in Section 6-203.1, which if committed within
23    this State would be grounds for suspension or revocation;
24        7. Has refused or failed to submit to an examination
25    provided for by Section 6-207 or has failed to pass the
26    examination;

 

 

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1        8. Is ineligible for a driver's license or permit
2    under the provisions of Section 6-103;
3        9. Has made a false statement or knowingly concealed a
4    material fact or has used false information or
5    identification in any application for a license,
6    identification card, or permit;
7        10. Has possessed, displayed, or attempted to
8    fraudulently use any license, identification card, or
9    permit not issued to the person;
10        11. Has operated a motor vehicle upon a highway of
11    this State when the person's driving privilege or
12    privilege to obtain a driver's license or permit was
13    revoked or suspended unless the operation was authorized
14    by a monitoring device driving permit, judicial driving
15    permit issued prior to January 1, 2009, probationary
16    license to drive, or restricted driving permit issued
17    under this Code;
18        12. Has submitted to any portion of the application
19    process for another person or has obtained the services of
20    another person to submit to any portion of the application
21    process for the purpose of obtaining a license,
22    identification card, or permit for some other person;
23        13. Has operated a motor vehicle upon a highway of
24    this State when the person's driver's license or permit
25    was invalid under the provisions of Sections 6-107.1 and
26    6-110;

 

 

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1        14. Has committed a violation of Section 6-301,
2    6-301.1, or 6-301.2 of this Code, or Section 14, 14A, or
3    14B of the Illinois Identification Card Act;
4        15. Has been convicted of violating Section 21-2 of
5    the Criminal Code of 1961 or the Criminal Code of 2012
6    relating to criminal trespass to vehicles if the person
7    exercised actual physical control over the vehicle during
8    the commission of the offense, in which case the
9    suspension shall be for one year;
10        16. Has been convicted of violating Section 11-204 of
11    this Code relating to fleeing from a peace officer;
12        17. Has refused to submit to a test, or tests, as
13    required under Section 11-501.1 of this Code and the
14    person has not sought a hearing as provided for in Section
15    11-501.1;
16        18. (Blank);
17        19. Has committed a violation of paragraph (a) or (b)
18    of Section 6-101 relating to driving without a driver's
19    license;
20        20. Has been convicted of violating Section 6-104
21    relating to classification of driver's license;
22        21. Has been convicted of violating Section 11-402 of
23    this Code relating to leaving the scene of an accident
24    resulting in damage to a vehicle in excess of $1,000, in
25    which case the suspension shall be for one year;
26        22. Has used a motor vehicle in violating paragraph

 

 

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

 

 

HB4499- 152 -LRB102 21455 LNS 30572 b

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

 

 

HB4499- 153 -LRB102 21455 LNS 30572 b

1    this subsection, in which case the person's driving
2    privileges shall be suspended for 5 years;
3        31. Has refused to submit to a test as required by
4    Section 11-501.6 of this Code or Section 5-16c of the Boat
5    Registration and Safety Act or has submitted to a test
6    resulting in an alcohol concentration of 0.08 or more or
7    any amount of a drug, substance, or compound resulting
8    from the unlawful use or consumption of cannabis as listed
9    in the Cannabis Control Act, a controlled substance as
10    listed in the Illinois Controlled Substances Act, an
11    intoxicating compound as listed in the Use of Intoxicating
12    Compounds Act, or methamphetamine as listed in the
13    Methamphetamine Control and Community Protection Act, in
14    which case the penalty shall be as prescribed in Section
15    6-208.1;
16        32. Has been convicted of Section 24-1.2 of the
17    Criminal Code of 1961 or the Criminal Code of 2012
18    relating to the aggravated discharge of a firearm if the
19    offender was located in a motor vehicle at the time the
20    firearm was discharged, in which case the suspension shall
21    be for 3 years;
22        33. Has as a driver, who was less than 21 years of age
23    on the date of the offense, been convicted a first time of
24    a violation of paragraph (a) of Section 11-502 of this
25    Code or a similar provision of a local ordinance;
26        34. Has committed a violation of Section 11-1301.5 of

 

 

HB4499- 154 -LRB102 21455 LNS 30572 b

1    this Code or a similar provision of a local ordinance;
2        35. Has committed a violation of Section 11-1301.6 of
3    this Code or a similar provision of a local ordinance;
4        36. Is under the age of 21 years at the time of arrest
5    and has been convicted of not less than 2 offenses against
6    traffic regulations governing the movement of vehicles
7    committed within any 24-month 24 month period. No
8    revocation or suspension shall be entered more than 6
9    months after the date of last conviction;
10        37. Has committed a violation of subsection (c) of
11    Section 11-907 of this Code that resulted in damage to the
12    property of another or the death or injury of another;
13        38. Has been convicted of a violation of Section 6-20
14    of the Liquor Control Act of 1934 or a similar provision of
15    a local ordinance and the person was an occupant of a motor
16    vehicle at the time of the violation;
17        39. Has committed a second or subsequent violation of
18    Section 11-1201 of this Code;
19        40. Has committed a violation of subsection (a-1) of
20    Section 11-908 of this Code;
21        41. Has committed a second or subsequent violation of
22    Section 11-605.1 of this Code, a similar provision of a
23    local ordinance, or a similar violation in any other state
24    within 2 years of the date of the previous violation, in
25    which case the suspension shall be for 90 days;
26        42. Has committed a violation of subsection (a-1) of

 

 

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

 

 

HB4499- 156 -LRB102 21455 LNS 30572 b

1        48. Has submitted a falsified or altered medical
2    examiner's certificate to the Secretary of State or
3    provided false information to obtain a medical examiner's
4    certificate;
5        49. Has been convicted of a violation of Section
6    11-1002 or 11-1002.5 that resulted in a Type A injury to
7    another, in which case the driving privileges of the
8    person shall be suspended for 12 months; or
9        50. Has committed a violation of subsection (b-5) of
10    Section 12-610.2 that resulted in great bodily harm,
11    permanent disability, or disfigurement, in which case the
12    driving privileges of the person shall be suspended for 12
13    months.; or 50
14    For purposes of paragraphs 5, 9, 10, 12, 14, 19, 25, 26,
15and 27 of this subsection, license means any driver's license,
16any traffic ticket issued when the person's driver's license
17is deposited in lieu of bail, a suspension notice issued by the
18Secretary of State, a duplicate or corrected driver's license,
19a probationary driver's license, or a temporary driver's
20license.
21    (b) If any conviction forming the basis of a suspension or
22revocation authorized under this Section is appealed, the
23Secretary of State may rescind or withhold the entry of the
24order of suspension or revocation, as the case may be,
25provided that a certified copy of a stay order of a court is
26filed with the Secretary of State. If the conviction is

 

 

HB4499- 157 -LRB102 21455 LNS 30572 b

1affirmed on appeal, the date of the conviction shall relate
2back to the time the original judgment of conviction was
3entered and the 6-month 6 month limitation prescribed shall
4not apply.
5    (c) 1. Upon suspending or revoking the driver's license or
6permit of any person as authorized in this Section, the
7Secretary of State shall immediately notify the person in
8writing of the revocation or suspension. The notice to be
9deposited in the United States mail, postage prepaid, to the
10last known address of the person.
11    2. If the Secretary of State suspends the driver's license
12of a person under subsection 2 of paragraph (a) of this
13Section, a person's privilege to operate a vehicle as an
14occupation shall not be suspended, provided an affidavit is
15properly completed, the appropriate fee received, and a permit
16issued prior to the effective date of the suspension, unless 5
17offenses were committed, at least 2 of which occurred while
18operating a commercial vehicle in connection with the driver's
19regular occupation. All other driving privileges shall be
20suspended by the Secretary of State. Any driver prior to
21operating a vehicle for occupational purposes only must submit
22the affidavit on forms to be provided by the Secretary of State
23setting forth the facts of the person's occupation. The
24affidavit shall also state the number of offenses committed
25while operating a vehicle in connection with the driver's
26regular occupation. The affidavit shall be accompanied by the

 

 

HB4499- 158 -LRB102 21455 LNS 30572 b

1driver's license. Upon receipt of a properly completed
2affidavit, the Secretary of State shall issue the driver a
3permit to operate a vehicle in connection with the driver's
4regular occupation only. Unless the permit is issued by the
5Secretary of State prior to the date of suspension, the
6privilege to drive any motor vehicle shall be suspended as set
7forth in the notice that was mailed under this Section. If an
8affidavit is received subsequent to the effective date of this
9suspension, a permit may be issued for the remainder of the
10suspension period.
11    The provisions of this subparagraph shall not apply to any
12driver required to possess a CDL for the purpose of operating a
13commercial motor vehicle.
14    Any person who falsely states any fact in the affidavit
15required herein shall be guilty of perjury under Section 6-302
16and upon conviction thereof shall have all driving privileges
17revoked without further rights.
18    3. At the conclusion of a hearing under Section 2-118 of
19this Code, the Secretary of State shall either rescind or
20continue an order of revocation or shall substitute an order
21of suspension; or, good cause appearing therefor, rescind,
22continue, change, or extend the order of suspension. If the
23Secretary of State does not rescind the order, the Secretary
24may upon application, to relieve undue hardship (as defined by
25the rules of the Secretary of State), issue a restricted
26driving permit granting the privilege of driving a motor

 

 

HB4499- 159 -LRB102 21455 LNS 30572 b

1vehicle between the petitioner's residence and petitioner's
2place of employment or within the scope of the petitioner's
3employment-related employment related duties, or to allow the
4petitioner to transport himself or herself, or a family member
5of the petitioner's household to a medical facility, to
6receive necessary medical care, to allow the petitioner to
7transport himself or herself to and from alcohol or drug
8remedial or rehabilitative activity recommended by a licensed
9service provider, or to allow the petitioner to transport
10himself or herself or a family member of the petitioner's
11household to classes, as a student, at an accredited
12educational institution, or to allow the petitioner to
13transport children, elderly persons, or persons with
14disabilities who do not hold driving privileges and are living
15in the petitioner's household to and from daycare. The
16petitioner must demonstrate that no alternative means of
17transportation is reasonably available and that the petitioner
18will not endanger the public safety or welfare.
19        (A) If a person's license or permit is revoked or
20    suspended due to 2 or more convictions of violating
21    Section 11-501 of this Code or a similar provision of a
22    local ordinance or a similar out-of-state offense, or
23    Section 9-3 of the Criminal Code of 1961 or the Criminal
24    Code of 2012, where the use of alcohol or other drugs is
25    recited as an element of the offense, or a similar
26    out-of-state offense, or a combination of these offenses,

 

 

HB4499- 160 -LRB102 21455 LNS 30572 b

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

 

 

HB4499- 161 -LRB102 21455 LNS 30572 b

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

 

 

HB4499- 162 -LRB102 21455 LNS 30572 b

1    driving permit for a period deemed appropriate, except
2    that all permits shall expire no later than 2 years from
3    the date of issuance. A restricted driving permit issued
4    under this Section shall be subject to cancellation,
5    revocation, and suspension by the Secretary of State in
6    like manner and for like cause as a driver's license
7    issued under this Code may be cancelled, revoked, or
8    suspended; except that a conviction upon one or more
9    offenses against laws or ordinances regulating the
10    movement of traffic shall be deemed sufficient cause for
11    the revocation, suspension, or cancellation of a
12    restricted driving permit. The Secretary of State may, as
13    a condition to the issuance of a restricted driving
14    permit, require the applicant to participate in a
15    designated driver remedial or rehabilitative program. The
16    Secretary of State is authorized to cancel a restricted
17    driving permit if the permit holder does not successfully
18    complete the program.
19        (F) A person subject to the provisions of paragraph 4
20    of subsection (b) of Section 6-208 of this Code may make
21    application for a restricted driving permit at a hearing
22    conducted under Section 2-118 of this Code after the
23    expiration of 5 years from the effective date of the most
24    recent revocation or after 5 years from the date of
25    release from a period of imprisonment resulting from a
26    conviction of the most recent offense, whichever is later,

 

 

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1    provided the person, in addition to all other requirements
2    of the Secretary, shows by clear and convincing evidence:
3            (i) a minimum of 3 years of uninterrupted
4        abstinence from alcohol and the unlawful use or
5        consumption of cannabis under the Cannabis Control
6        Act, a controlled substance under the Illinois
7        Controlled Substances Act, an intoxicating compound
8        under the Use of Intoxicating Compounds Act, or
9        methamphetamine under the Methamphetamine Control and
10        Community Protection Act; and
11            (ii) the successful completion of any
12        rehabilitative treatment and involvement in any
13        ongoing rehabilitative activity that may be
14        recommended by a properly licensed service provider
15        according to an assessment of the person's alcohol or
16        drug use under Section 11-501.01 of this Code.
17        In determining whether an applicant is eligible for a
18    restricted driving permit under this subparagraph (F), the
19    Secretary may consider any relevant evidence, including,
20    but not limited to, testimony, affidavits, records, and
21    the results of regular alcohol or drug tests. Persons
22    subject to the provisions of paragraph 4 of subsection (b)
23    of Section 6-208 of this Code and who have been convicted
24    of more than one violation of paragraph (3), paragraph
25    (4), or paragraph (5) of subsection (a) of Section 11-501
26    of this Code shall not be eligible to apply for a

 

 

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1    restricted driving permit under this subparagraph (F).
2        A restricted driving permit issued under this
3    subparagraph (F) shall provide that the holder may only
4    operate motor vehicles equipped with an ignition interlock
5    device as required under paragraph (2) of subsection (c)
6    of Section 6-205 of this Code and subparagraph (A) of
7    paragraph 3 of subsection (c) of this Section. The
8    Secretary may revoke a restricted driving permit or amend
9    the conditions of a restricted driving permit issued under
10    this subparagraph (F) if the holder operates a vehicle
11    that is not equipped with an ignition interlock device, or
12    for any other reason authorized under this Code.
13        A restricted driving permit issued under this
14    subparagraph (F) shall be revoked, and the holder barred
15    from applying for or being issued a restricted driving
16    permit in the future, if the holder is convicted of a
17    violation of Section 11-501 of this Code, a similar
18    provision of a local ordinance, or a similar offense in
19    another state.
20    (c-3) In the case of a suspension under paragraph 43 of
21subsection (a), reports received by the Secretary of State
22under this Section shall, except during the actual time the
23suspension is in effect, be privileged information and for use
24only by the courts, police officers, prosecuting authorities,
25the driver licensing administrator of any other state, the
26Secretary of State, or the parent or legal guardian of a driver

 

 

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1under the age of 18. However, beginning January 1, 2008, if the
2person is a CDL holder, the suspension shall also be made
3available to the driver licensing administrator of any other
4state, the U.S. Department of Transportation, and the affected
5driver or motor carrier or prospective motor carrier upon
6request.
7    (c-4) In the case of a suspension under paragraph 43 of
8subsection (a), the Secretary of State shall notify the person
9by mail that his or her driving privileges and driver's
10license will be suspended one month after the date of the
11mailing of the notice.
12    (c-5) The Secretary of State may, as a condition of the
13reissuance of a driver's license or permit to an applicant
14whose driver's license or permit has been suspended before he
15or she reached the age of 21 years pursuant to any of the
16provisions of this Section, require the applicant to
17participate in a driver remedial education course and be
18retested under Section 6-109 of this Code.
19    (d) This Section is subject to the provisions of the
20Driver Drivers License Compact.
21    (e) The Secretary of State shall not issue a restricted
22driving permit to a person under the age of 16 years whose
23driving privileges have been suspended or revoked under any
24provisions of this Code.
25    (f) In accordance with 49 C.F.R. 384, the Secretary of
26State may not issue a restricted driving permit for the

 

 

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1operation of a commercial motor vehicle to a person holding a
2CDL whose driving privileges have been suspended, revoked,
3cancelled, or disqualified under any provisions of this Code.
4(Source: P.A. 101-90, eff. 7-1-20; 101-470, eff. 7-1-20;
5101-623, eff. 7-1-20; 101-652, eff. 1-1-23; 102-299, eff.
68-6-21; 102-558, eff. 8-20-21; revised 10-28-21.)
 
7    (625 ILCS 5/6-308)
8    Sec. 6-308. Procedures for traffic violations.
9    (a) Any person cited for violating this Code or a similar
10provision of a local ordinance for which a violation is a petty
11offense as defined by Section 5-1-17 of the Unified Code of
12Corrections, excluding business offenses as defined by Section
135-1-2 of the Unified Code of Corrections or a violation of
14Section 15-111 or subsection (d) of Section 3-401 of this
15Code, shall not be required to sign the citation or post bond
16to secure bail for his or her release. All other provisions of
17this Code or similar provisions of local ordinances shall be
18governed by the pretrial release bail provisions of the
19Illinois Supreme Court Rules when it is not practical or
20feasible to take the person before a judge to have conditions
21of pretrial release bail set or to avoid undue delay because of
22the hour or circumstances.
23    (b) Whenever a person fails to appear in court, the court
24may continue the case for a minimum of 30 days and the clerk of
25the court shall send notice of the continued court date to the

 

 

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1person's last known address. If the person does not appear in
2court on or before the continued court date or satisfy the
3court that the person's appearance in and surrender to the
4court is impossible for no fault of the person, the court shall
5enter an order of failure to appear. The clerk of the court
6shall notify the Secretary of State, on a report prescribed by
7the Secretary, of the court's order. The Secretary, when
8notified by the clerk of the court that an order of failure to
9appear has been entered, shall immediately suspend the
10person's driver's license, which shall be designated by the
11Secretary as a Failure to Appear suspension. The Secretary
12shall not remove the suspension, nor issue any permit or
13privileges to the person whose license has been suspended,
14until notified by the ordering court that the person has
15appeared and resolved the violation. Upon compliance, the
16clerk of the court shall present the person with a notice of
17compliance containing the seal of the court, and shall notify
18the Secretary that the person has appeared and resolved the
19violation.
20    (c) Illinois Supreme Court Rules shall govern pretrial
21release bail and appearance procedures when a person who is a
22resident of another state that is not a member of the
23Nonresident Violator Compact of 1977 is cited for violating
24this Code or a similar provision of a local ordinance.
25(Source: P.A. 100-674, eff. 1-1-19; 101-652.)
 

 

 

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1    (625 ILCS 5/6-500)  (from Ch. 95 1/2, par. 6-500)
2    Sec. 6-500. Definitions of words and phrases.
3Notwithstanding the definitions set forth elsewhere in this
4Code, for purposes of the Uniform Commercial Driver's License
5Act (UCDLA), the words and phrases listed below have the
6meanings ascribed to them as follows:
7    (1) Alcohol. "Alcohol" means any substance containing any
8form of alcohol, including but not limited to ethanol,
9methanol, propanol, and isopropanol.
10    (2) Alcohol concentration. "Alcohol concentration" means:
11        (A) the number of grams of alcohol per 210 liters of
12    breath; or
13        (B) the number of grams of alcohol per 100 milliliters
14    of blood; or
15        (C) the number of grams of alcohol per 67 milliliters
16    of urine.
17    Alcohol tests administered within 2 hours of the driver
18being "stopped or detained" shall be considered that driver's
19"alcohol concentration" for the purposes of enforcing this
20UCDLA.
21    (3) (Blank).
22    (4) (Blank).
23    (5) (Blank).
24    (5.3) CDLIS driver record. "CDLIS driver record" means the
25electronic record of the individual CDL driver's status and
26history stored by the State-of-Record as part of the

 

 

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1Commercial Driver's License Information System, or CDLIS,
2established under 49 U.S.C. 31309.
3    (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle
4record" or "CDLIS MVR" means a report generated from the CDLIS
5driver record meeting the requirements for access to CDLIS
6information and provided by states to users authorized in 49
7C.F.R. 384.225(e)(3) and (4), subject to the provisions of the
8Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
9    (5.7) Commercial driver's license downgrade. "Commercial
10driver's license downgrade" or "CDL downgrade" means either:
11        (A) a state allows the driver to change his or her
12    self-certification to interstate, but operating
13    exclusively in transportation or operation excepted from
14    49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),
15    391.2, 391.68, or 398.3;
16        (B) a state allows the driver to change his or her
17    self-certification to intrastate only, if the driver
18    qualifies under that state's physical qualification
19    requirements for intrastate only;
20        (C) a state allows the driver to change his or her
21    certification to intrastate, but operating exclusively in
22    transportation or operations excepted from all or part of
23    the state driver qualification requirements; or
24        (D) a state removes the CDL privilege from the driver
25    license.
26    (6) Commercial Motor Vehicle.

 

 

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1        (A) "Commercial motor vehicle" or "CMV" means a motor
2    vehicle or combination of motor vehicles used in commerce,
3    except those referred to in subdivision (B), designed to
4    transport passengers or property if the motor vehicle:
5            (i) has a gross combination weight rating or gross
6        combination weight of 11,794 kilograms or more (26,001
7        pounds or more), whichever is greater, inclusive of
8        any towed unit with a gross vehicle weight rating or
9        gross vehicle weight of more than 4,536 kilograms
10        (10,000 pounds), whichever is greater; or
11            (i-5) has a gross vehicle weight rating or gross
12        vehicle weight of 11,794 or more kilograms (26,001
13        pounds or more), whichever is greater; or
14            (ii) is designed to transport 16 or more persons,
15        including the driver; or
16            (iii) is of any size and is used in transporting
17        hazardous materials as defined in 49 C.F.R. 383.5.
18        (B) Pursuant to the interpretation of the Commercial
19    Motor Vehicle Safety Act of 1986 by the Federal Highway
20    Administration, the definition of "commercial motor
21    vehicle" does not include:
22            (i) recreational vehicles, when operated primarily
23        for personal use;
24            (ii) vehicles owned by or operated under the
25        direction of the United States Department of Defense
26        or the United States Coast Guard only when operated by

 

 

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1        non-civilian personnel. This includes any operator on
2        active military duty; members of the Reserves;
3        National Guard; personnel on part-time training; and
4        National Guard military technicians (civilians who are
5        required to wear military uniforms and are subject to
6        the Code of Military Justice); or
7            (iii) firefighting, police, and other emergency
8        equipment (including, without limitation, equipment
9        owned or operated by a HazMat or technical rescue team
10        authorized by a county board under Section 5-1127 of
11        the Counties Code), with audible and visual signals,
12        owned or operated by or for a governmental entity,
13        which is necessary to the preservation of life or
14        property or the execution of emergency governmental
15        functions which are normally not subject to general
16        traffic rules and regulations.
17    (7) Controlled Substance. "Controlled substance" shall
18have the same meaning as defined in Section 102 of the Illinois
19Controlled Substances Act, and shall also include cannabis as
20defined in Section 3 of the Cannabis Control Act and
21methamphetamine as defined in Section 10 of the
22Methamphetamine Control and Community Protection Act.
23    (8) Conviction. "Conviction" means an unvacated
24adjudication of guilt or a determination that a person has
25violated or failed to comply with the law in a court of
26original jurisdiction or by an authorized administrative

 

 

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1tribunal; an unvacated revocation of pretrial release or
2forfeiture of bail or collateral deposited to secure the
3person's appearance in court; a plea of guilty or nolo
4contendere accepted by the court; the payment of a fine or
5court cost regardless of whether the imposition of sentence is
6deferred and ultimately a judgment dismissing the underlying
7charge is entered; or a violation of a condition of pretrial
8release without bail, regardless of whether or not the penalty
9is rebated, suspended or probated.
10    (8.5) Day. "Day" means calendar day.
11    (9) (Blank).
12    (10) (Blank).
13    (11) (Blank).
14    (12) (Blank).
15    (13) Driver. "Driver" means any person who drives,
16operates, or is in physical control of a commercial motor
17vehicle, any person who is required to hold a CDL, or any
18person who is a holder of a CDL while operating a
19non-commercial motor vehicle.
20    (13.5) Driver applicant. "Driver applicant" means an
21individual who applies to a state or other jurisdiction to
22obtain, transfer, upgrade, or renew a CDL or to obtain or renew
23a CLP.
24    (13.8) Electronic device. "Electronic device" includes,
25but is not limited to, a cellular telephone, personal digital
26assistant, pager, computer, or any other device used to input,

 

 

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1write, send, receive, or read text.
2    (14) Employee. "Employee" means a person who is employed
3as a commercial motor vehicle driver. A person who is
4self-employed as a commercial motor vehicle driver must comply
5with the requirements of this UCDLA pertaining to employees.
6An owner-operator on a long-term lease shall be considered an
7employee.
8    (15) Employer. "Employer" means a person (including the
9United States, a State or a local authority) who owns or leases
10a commercial motor vehicle or assigns employees to operate
11such a vehicle. A person who is self-employed as a commercial
12motor vehicle driver must comply with the requirements of this
13UCDLA.
14    (15.1) Endorsement. "Endorsement" means an authorization
15to an individual's CLP or CDL required to permit the
16individual to operate certain types of commercial motor
17vehicles.
18    (15.2) Entry-level driver training. "Entry-level driver
19training" means the training an entry-level driver receives
20from an entity listed on the Federal Motor Carrier Safety
21Administration's Training Provider Registry prior to: (i)
22taking the CDL skills test required to receive the Class A or
23Class B CDL for the first time; (ii) taking the CDL skills test
24required to upgrade to a Class A or Class B CDL; or (iii)
25taking the CDL skills test required to obtain a passenger or
26school bus endorsement for the first time or the CDL knowledge

 

 

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1test required to obtain a hazardous materials endorsement for
2the first time.
3    (15.3) Excepted interstate. "Excepted interstate" means a
4person who operates or expects to operate in interstate
5commerce, but engages exclusively in transportation or
6operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68,
7or 398.3 from all or part of the qualification requirements of
849 C.F.R. Part 391 and is not required to obtain a medical
9examiner's certificate by 49 C.F.R. 391.45.
10    (15.5) Excepted intrastate. "Excepted intrastate" means a
11person who operates in intrastate commerce but engages
12exclusively in transportation or operations excepted from all
13or parts of the state driver qualification requirements.
14    (16) (Blank).
15    (16.5) Fatality. "Fatality" means the death of a person as
16a result of a motor vehicle accident.
17    (16.7) Foreign commercial driver. "Foreign commercial
18driver" means a person licensed to operate a commercial motor
19vehicle by an authority outside the United States, or a
20citizen of a foreign country who operates a commercial motor
21vehicle in the United States.
22    (17) Foreign jurisdiction. "Foreign jurisdiction" means a
23sovereign jurisdiction that does not fall within the
24definition of "State".
25    (18) (Blank).
26    (19) (Blank).

 

 

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1    (20) Hazardous materials. "Hazardous material" means any
2material that has been designated under 49 U.S.C. 5103 and is
3required to be placarded under subpart F of 49 C.F.R. part 172
4or any quantity of a material listed as a select agent or toxin
5in 42 C.F.R. part 73.
6    (20.5) Imminent Hazard. "Imminent hazard" means the
7existence of any condition of a vehicle, employee, or
8commercial motor vehicle operations that substantially
9increases the likelihood of serious injury or death if not
10discontinued immediately; or a condition relating to hazardous
11material that presents a substantial likelihood that death,
12serious illness, severe personal injury, or a substantial
13endangerment to health, property, or the environment may occur
14before the reasonably foreseeable completion date of a formal
15proceeding begun to lessen the risk of that death, illness,
16injury or endangerment.
17    (20.6) Issuance. "Issuance" means initial issuance,
18transfer, renewal, or upgrade of a CLP or CDL and
19non-domiciled CLP or CDL.
20    (20.7) Issue. "Issue" means initial issuance, transfer,
21renewal, or upgrade of a CLP or CDL and non-domiciled CLP or
22non-domiciled CDL.
23    (21) Long-term lease. "Long-term lease" means a lease of a
24commercial motor vehicle by the owner-lessor to a lessee, for
25a period of more than 29 days.
26    (21.01) Manual transmission. "Manual transmission" means a

 

 

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1transmission utilizing a driver-operated clutch that is
2activated by a pedal or lever and a gear-shift mechanism
3operated either by hand or foot including those known as a
4stick shift, stick, straight drive, or standard transmission.
5All other transmissions, whether semi-automatic or automatic,
6shall be considered automatic for the purposes of the
7standardized restriction code.
8    (21.1) Medical examiner. "Medical examiner" means an
9individual certified by the Federal Motor Carrier Safety
10Administration and listed on the National Registry of
11Certified Medical Examiners in accordance with Federal Motor
12Carrier Safety Regulations, 49 CFR 390.101 et seq.
13    (21.2) Medical examiner's certificate. "Medical examiner's
14certificate" means either (1) prior to June 22, 2021, a
15document prescribed or approved by the Secretary of State that
16is issued by a medical examiner to a driver to medically
17qualify him or her to drive; or (2) beginning June 22, 2021, an
18electronic submission of results of an examination conducted
19by a medical examiner listed on the National Registry of
20Certified Medical Examiners to the Federal Motor Carrier
21Safety Administration of a driver to medically qualify him or
22her to drive.
23    (21.5) Medical variance. "Medical variance" means a driver
24has received one of the following from the Federal Motor
25Carrier Safety Administration which allows the driver to be
26issued a medical certificate: (1) an exemption letter

 

 

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1permitting operation of a commercial motor vehicle pursuant to
249 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a
3skill performance evaluation (SPE) certificate permitting
4operation of a commercial motor vehicle pursuant to 49 C.F.R.
5391.49.
6    (21.7) Mobile telephone. "Mobile telephone" means a mobile
7communication device that falls under or uses any commercial
8mobile radio service, as defined in regulations of the Federal
9Communications Commission, 47 CFR 20.3. It does not include
10two-way or citizens band radio services.
11    (22) Motor Vehicle. "Motor vehicle" means every vehicle
12which is self-propelled, and every vehicle which is propelled
13by electric power obtained from over head trolley wires but
14not operated upon rails, except vehicles moved solely by human
15power and motorized wheel chairs.
16    (22.2) Motor vehicle record. "Motor vehicle record" means
17a report of the driving status and history of a driver
18generated from the driver record provided to users, such as
19drivers or employers, and is subject to the provisions of the
20Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
21    (22.5) Non-CMV. "Non-CMV" means a motor vehicle or
22combination of motor vehicles not defined by the term
23"commercial motor vehicle" or "CMV" in this Section.
24    (22.7) Non-excepted interstate. "Non-excepted interstate"
25means a person who operates or expects to operate in
26interstate commerce, is subject to and meets the qualification

 

 

HB4499- 178 -LRB102 21455 LNS 30572 b

1requirements under 49 C.F.R. Part 391, and is required to
2obtain a medical examiner's certificate by 49 C.F.R. 391.45.
3    (22.8) Non-excepted intrastate. "Non-excepted intrastate"
4means a person who operates only in intrastate commerce and is
5subject to State driver qualification requirements.
6    (23) Non-domiciled CLP or Non-domiciled CDL.
7"Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL,
8respectively, issued by a state or other jurisdiction under
9either of the following two conditions:
10        (i) to an individual domiciled in a foreign country
11    meeting the requirements of Part 383.23(b)(1) of 49 C.F.R.
12    of the Federal Motor Carrier Safety Administration.
13        (ii) to an individual domiciled in another state
14    meeting the requirements of Part 383.23(b)(2) of 49 C.F.R.
15    of the Federal Motor Carrier Safety Administration.
16    (24) (Blank).
17    (25) (Blank).
18    (25.5) Railroad-Highway Grade Crossing Violation.
19"Railroad-highway grade crossing violation" means a violation,
20while operating a commercial motor vehicle, of any of the
21following:
22        (A) Section 11-1201, 11-1202, or 11-1425 of this Code.
23        (B) Any other similar law or local ordinance of any
24    state relating to railroad-highway grade crossing.
25    (25.7) School Bus. "School bus" means a commercial motor
26vehicle used to transport pre-primary, primary, or secondary

 

 

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1school students from home to school, from school to home, or to
2and from school-sponsored events. "School bus" does not
3include a bus used as a common carrier.
4    (26) Serious Traffic Violation. "Serious traffic
5violation" means:
6        (A) a conviction when operating a commercial motor
7    vehicle, or when operating a non-CMV while holding a CLP
8    or CDL, of:
9            (i) a violation relating to excessive speeding,
10        involving a single speeding charge of 15 miles per
11        hour or more above the legal speed limit; or
12            (ii) a violation relating to reckless driving; or
13            (iii) a violation of any State law or local
14        ordinance relating to motor vehicle traffic control
15        (other than parking violations) arising in connection
16        with a fatal traffic accident; or
17            (iv) a violation of Section 6-501, relating to
18        having multiple driver's licenses; or
19            (v) a violation of paragraph (a) of Section 6-507,
20        relating to the requirement to have a valid CLP or CDL;
21        or
22            (vi) a violation relating to improper or erratic
23        traffic lane changes; or
24            (vii) a violation relating to following another
25        vehicle too closely; or
26            (viii) a violation relating to texting while

 

 

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1        driving; or
2            (ix) a violation relating to the use of a
3        hand-held mobile telephone while driving; or
4        (B) any other similar violation of a law or local
5    ordinance of any state relating to motor vehicle traffic
6    control, other than a parking violation, which the
7    Secretary of State determines by administrative rule to be
8    serious.
9    (27) State. "State" means a state of the United States,
10the District of Columbia and any province or territory of
11Canada.
12    (28) (Blank).
13    (29) (Blank).
14    (30) (Blank).
15    (31) (Blank).
16    (32) Texting. "Texting" means manually entering
17alphanumeric text into, or reading text from, an electronic
18device.
19        (1) Texting includes, but is not limited to, short
20    message service, emailing, instant messaging, a command or
21    request to access a World Wide Web page, pressing more
22    than a single button to initiate or terminate a voice
23    communication using a mobile telephone, or engaging in any
24    other form of electronic text retrieval or entry for
25    present or future communication.
26        (2) Texting does not include:

 

 

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1            (i) inputting, selecting, or reading information
2        on a global positioning system or navigation system;
3        or
4            (ii) pressing a single button to initiate or
5        terminate a voice communication using a mobile
6        telephone; or
7            (iii) using a device capable of performing
8        multiple functions (for example, a fleet management
9        system, dispatching device, smart phone, citizens band
10        radio, or music player) for a purpose that is not
11        otherwise prohibited by Part 392 of the Federal Motor
12        Carrier Safety Regulations.
13    (32.3) Third party skills test examiner. "Third party
14skills test examiner" means a person employed by a third party
15tester who is authorized by the State to administer the CDL
16skills tests specified in 49 C.F.R. Part 383, subparts G and H.
17    (32.5) Third party tester. "Third party tester" means a
18person (including, but not limited to, another state, a motor
19carrier, a private driver training facility or other private
20institution, or a department, agency, or instrumentality of a
21local government) authorized by the State to employ skills
22test examiners to administer the CDL skills tests specified in
2349 C.F.R. Part 383, subparts G and H.
24    (32.7) United States. "United States" means the 50 states
25and the District of Columbia.
26    (33) Use a hand-held mobile telephone. "Use a hand-held

 

 

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1mobile telephone" means:
2        (1) using at least one hand to hold a mobile telephone
3    to conduct a voice communication;
4        (2) dialing or answering a mobile telephone by
5    pressing more than a single button; or
6        (3) reaching for a mobile telephone in a manner that
7    requires a driver to maneuver so that he or she is no
8    longer in a seated driving position, restrained by a seat
9    belt that is installed in accordance with 49 CFR 393.93
10    and adjusted in accordance with the vehicle manufacturer's
11    instructions.
12(Source: P.A. 100-223, eff. 8-18-17; 101-185, eff. 1-1-20;
13101-652.)
 
14    (625 ILCS 5/6-601)  (from Ch. 95 1/2, par. 6-601)
15    Sec. 6-601. Penalties.
16    (a) It is a petty offense for any person to violate any of
17the provisions of this Chapter unless such violation is by
18this Code or other law of this State declared to be a
19misdemeanor or a felony.
20    (b) General penalties. Unless another penalty is in this
21Code or other laws of this State, every person convicted of a
22petty offense for the violation of any provision of this
23Chapter shall be punished by a fine of not more than $500.
24    (c) Unlicensed driving. Except as hereinafter provided a
25violation of Section 6-101 shall be:

 

 

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1        1. A Class A misdemeanor if the person failed to
2    obtain a driver's license or permit after expiration of a
3    period of revocation.
4        2. A Class B misdemeanor if the person has been issued
5    a driver's license or permit, which has expired, and if
6    the period of expiration is greater than one year; or if
7    the person has never been issued a driver's license or
8    permit, or is not qualified to obtain a driver's license
9    or permit because of his age.
10        3. A petty offense if the person has been issued a
11    temporary visitor's driver's license or permit and is
12    unable to provide proof of liability insurance as provided
13    in subsection (d-5) of Section 6-105.1.
14    If a licensee under this Code is convicted of violating
15Section 6-303 for operating a motor vehicle during a time when
16such licensee's driver's license was suspended under the
17provisions of Section 6-306.3 or 6-308, then such act shall be
18a petty offense (provided the licensee has answered the charge
19which was the basis of the suspension under Section 6-306.3 or
206-308), and there shall be imposed no additional like period
21of suspension as provided in paragraph (b) of Section 6-303.
22    (d) For violations of this Code or a similar provision of a
23local ordinance for which a violation is a petty offense as
24defined by Section 5-1-17 of the Unified Code of Corrections,
25excluding business offenses as defined by Section 5-1-2 of the
26Unified Code of Corrections or a violation of Section 15-111

 

 

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1or subsection (d) of Section 3-401 of this Code, if the
2violation may be satisfied without a court appearance, the
3violator may, pursuant to Supreme Court Rule, satisfy the case
4with a written plea of guilty and payment of fines, penalties,
5and costs as equal to the bail amount established by the
6Supreme Court for the offense.
7(Source: P.A. 97-1157, eff. 11-28-13; 98-870, eff. 1-1-15;
898-1134, eff. 1-1-15; 101-652.)
 
9    (625 ILCS 5/16-103)  (from Ch. 95 1/2, par. 16-103)
10    Sec. 16-103. Arrest outside county where violation
11committed.
12    Whenever a defendant is arrested upon a warrant charging a
13violation of this Act in a county other than that in which such
14warrant was issued, the arresting officer, immediately upon
15the request of the defendant, shall take such defendant before
16a circuit judge or associate circuit judge in the county in
17which the arrest was made who shall admit the defendant to
18pretrial release bail for his appearance before the court
19named in the warrant. On setting the conditions of pretrial
20release taking such bail the circuit judge or associate
21circuit judge shall certify such fact on the warrant and
22deliver the warrant and conditions of pretrial release
23undertaking of bail or other security, or the drivers license
24of such defendant if deposited, under the law relating to such
25licenses, in lieu of such security, to the officer having

 

 

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1charge of the defendant. Such officer shall then immediately
2discharge the defendant from arrest and without delay deliver
3such warrant and such acknowledgment by the defendant of his
4or her receiving the conditions of pretrial release
5undertaking of bail, or other security or drivers license to
6the court before which the defendant is required to appear.
7(Source: P.A. 77-1280; 101-652.)
 
8    Section 175. The Illinois Vehicle Code is amended by
9changing Sections 6-209.1, 11-208.3, 11-208.6, 11-208.8,
1011-208.9, and 11-1201.1 as follows:
 
11    (625 ILCS 5/6-209.1)
12    Sec. 6-209.1. Restoration of driving privileges;
13revocation; suspension; cancellation.
14    (a) The Secretary shall rescind the suspension or
15cancellation of a person's driver's license that has been
16suspended or canceled before July 1, 2020 (the effective date
17of Public Act 101-623) this amendatory Act of the 101st
18General Assembly due to:
19        (1) the person being convicted of theft of motor fuel
20    under Section Sections 16-25 or 16K-15 of the Criminal
21    Code of 1961 or the Criminal Code of 2012;
22        (2) the person, since the issuance of the driver's
23    license, being adjudged to be afflicted with or suffering
24    from any mental disability or disease;

 

 

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

 

 

HB4499- 187 -LRB102 21455 LNS 30572 b

1    certified copy of a court order that includes a finding
2    that the person did not exercise actual physical control
3    of the vehicle at the time of the violation; or
4        (9) the person being convicted of criminal trespass to
5    vehicles under Section 21-2 of the Criminal Code of 2012,
6    if the person presents a certified copy of a court order
7    that includes a finding that the person did not exercise
8    actual physical control of the vehicle at the time of the
9    violation.
10    (b) As soon as practicable and no later than July 1, 2021,
11the Secretary shall rescind the suspension, cancellation, or
12prohibition of renewal of a person's driver's license that has
13been suspended, canceled, or whose renewal has been prohibited
14before the effective date of this amendatory Act of the 101st
15General Assembly due to the person having failed to pay any
16fine or penalty for traffic violations, automated traffic law
17enforcement system violations as defined in Sections 11-208.6,
18and 11-208.8, 11-208.9, and 11-1201.1, or abandoned vehicle
19fees.
20(Source: P.A. 101-623, eff. 7-1-20; 101-652, eff. 7-1-21;
21102-558, eff. 8-20-21.)
 
22    (625 ILCS 5/11-208.3)  (from Ch. 95 1/2, par. 11-208.3)
23    Sec. 11-208.3. Administrative adjudication of violations
24of traffic regulations concerning the standing, parking, or
25condition of vehicles, automated traffic law violations, and

 

 

HB4499- 188 -LRB102 21455 LNS 30572 b

1automated speed enforcement system violations.
2    (a) Any municipality or county may provide by ordinance
3for a system of administrative adjudication of vehicular
4standing and parking violations and vehicle compliance
5violations as described in this subsection, automated traffic
6law violations as defined in Section 11-208.6, 11-208.9, or
711-1201.1, and automated speed enforcement system violations
8as defined in Section 11-208.8. The administrative system
9shall have as its purpose the fair and efficient enforcement
10of municipal or county regulations through the administrative
11adjudication of automated speed enforcement system or
12automated traffic law violations and violations of municipal
13or county ordinances regulating the standing and parking of
14vehicles, the condition and use of vehicle equipment, and the
15display of municipal or county wheel tax licenses within the
16municipality's or county's borders. The administrative system
17shall only have authority to adjudicate civil offenses
18carrying fines not in excess of $500 or requiring the
19completion of a traffic education program, or both, that occur
20after the effective date of the ordinance adopting such a
21system under this Section. For purposes of this Section,
22"compliance violation" means a violation of a municipal or
23county regulation governing the condition or use of equipment
24on a vehicle or governing the display of a municipal or county
25wheel tax license.
26    (b) Any ordinance establishing a system of administrative

 

 

HB4499- 189 -LRB102 21455 LNS 30572 b

1adjudication under this Section shall provide for:
2        (1) A traffic compliance administrator authorized to
3    adopt, distribute, and process parking, compliance, and
4    automated speed enforcement system or automated traffic
5    law violation notices and other notices required by this
6    Section, collect money paid as fines and penalties for
7    violation of parking and compliance ordinances and
8    automated speed enforcement system or automated traffic
9    law violations, and operate an administrative adjudication
10    system. The traffic compliance administrator also may make
11    a certified report to the Secretary of State under Section
12    6-306.5.
13        (2) A parking, standing, compliance, automated speed
14    enforcement system, or automated traffic law violation
15    notice that shall specify or include the date, time, and
16    place of violation of a parking, standing, compliance,
17    automated speed enforcement system, or automated traffic
18    law regulation; the particular regulation violated; any
19    requirement to complete a traffic education program; the
20    fine and any penalty that may be assessed for late payment
21    or failure to complete a required traffic education
22    program, or both, when so provided by ordinance; the
23    vehicle make or a photograph of the vehicle; the state
24    registration number of the vehicle; and the identification
25    number of the person issuing the notice. With regard to
26    automated speed enforcement system or automated traffic

 

 

HB4499- 190 -LRB102 21455 LNS 30572 b

1    law violations, vehicle make shall be specified on the
2    automated speed enforcement system or automated traffic
3    law violation notice if the notice does not include a
4    photograph of the vehicle and the make is available and
5    readily discernible. With regard to municipalities or
6    counties with a population of 1 million or more, it shall
7    be grounds for dismissal of a parking violation if the
8    state registration number or vehicle make specified is
9    incorrect. The violation notice shall state that the
10    completion of any required traffic education program, the
11    payment of any indicated fine, and the payment of any
12    applicable penalty for late payment or failure to complete
13    a required traffic education program, or both, shall
14    operate as a final disposition of the violation. The
15    notice also shall contain information as to the
16    availability of a hearing in which the violation may be
17    contested on its merits. The violation notice shall
18    specify the time and manner in which a hearing may be had.
19        (3) Service of a parking, standing, or compliance
20    violation notice by: (i) affixing the original or a
21    facsimile of the notice to an unlawfully parked or
22    standing vehicle; (ii) handing the notice to the operator
23    of a vehicle if he or she is present; or (iii) mailing the
24    notice to the address of the registered owner or lessee of
25    the cited vehicle as recorded with the Secretary of State
26    or the lessor of the motor vehicle within 30 days after the

 

 

HB4499- 191 -LRB102 21455 LNS 30572 b

1    Secretary of State or the lessor of the motor vehicle
2    notifies the municipality or county of the identity of the
3    owner or lessee of the vehicle, but not later than 90 days
4    after the date of the violation, except that in the case of
5    a lessee of a motor vehicle, service of a parking,
6    standing, or compliance violation notice may occur no
7    later than 210 days after the violation; and service of an
8    automated speed enforcement system or automated traffic
9    law violation notice by mail to the address of the
10    registered owner or lessee of the cited vehicle as
11    recorded with the Secretary of State or the lessor of the
12    motor vehicle within 30 days after the Secretary of State
13    or the lessor of the motor vehicle notifies the
14    municipality or county of the identity of the owner or
15    lessee of the vehicle, but not later than 90 days after the
16    violation, except that in the case of a lessee of a motor
17    vehicle, service of an automated traffic law violation
18    notice may occur no later than 210 days after the
19    violation. A person authorized by ordinance to issue and
20    serve parking, standing, and compliance violation notices
21    shall certify as to the correctness of the facts entered
22    on the violation notice by signing his or her name to the
23    notice at the time of service or, in the case of a notice
24    produced by a computerized device, by signing a single
25    certificate to be kept by the traffic compliance
26    administrator attesting to the correctness of all notices

 

 

HB4499- 192 -LRB102 21455 LNS 30572 b

1    produced by the device while it was under his or her
2    control. In the case of an automated traffic law
3    violation, the ordinance shall require a determination by
4    a technician employed or contracted by the municipality or
5    county that, based on inspection of recorded images, the
6    motor vehicle was being operated in violation of Section
7    11-208.6, 11-208.9, or 11-1201.1 or a local ordinance. If
8    the technician determines that the vehicle entered the
9    intersection as part of a funeral procession or in order
10    to yield the right-of-way to an emergency vehicle, a
11    citation shall not be issued. In municipalities with a
12    population of less than 1,000,000 inhabitants and counties
13    with a population of less than 3,000,000 inhabitants, the
14    automated traffic law ordinance shall require that all
15    determinations by a technician that a motor vehicle was
16    being operated in violation of Section 11-208.6, 11-208.9,
17    or 11-1201.1 or a local ordinance must be reviewed and
18    approved by a law enforcement officer or retired law
19    enforcement officer of the municipality or county issuing
20    the violation. In municipalities with a population of
21    1,000,000 or more inhabitants and counties with a
22    population of 3,000,000 or more inhabitants, the automated
23    traffic law ordinance shall require that all
24    determinations by a technician that a motor vehicle was
25    being operated in violation of Section 11-208.6, 11-208.9,
26    or 11-1201.1 or a local ordinance must be reviewed and

 

 

HB4499- 193 -LRB102 21455 LNS 30572 b

1    approved by a law enforcement officer or retired law
2    enforcement officer of the municipality or county issuing
3    the violation or by an additional fully trained
4    fully-trained reviewing technician who is not employed by
5    the contractor who employs the technician who made the
6    initial determination. In the case of an automated speed
7    enforcement system violation, the ordinance shall require
8    a determination by a technician employed by the
9    municipality, based upon an inspection of recorded images,
10    video or other documentation, including documentation of
11    the speed limit and automated speed enforcement signage,
12    and documentation of the inspection, calibration, and
13    certification of the speed equipment, that the vehicle was
14    being operated in violation of Article VI of Chapter 11 of
15    this Code or a similar local ordinance. If the technician
16    determines that the vehicle speed was not determined by a
17    calibrated, certified speed equipment device based upon
18    the speed equipment documentation, or if the vehicle was
19    an emergency vehicle, a citation may not be issued. The
20    automated speed enforcement ordinance shall require that
21    all determinations by a technician that a violation
22    occurred be reviewed and approved by a law enforcement
23    officer or retired law enforcement officer of the
24    municipality issuing the violation or by an additional
25    fully trained reviewing technician who is not employed by
26    the contractor who employs the technician who made the

 

 

HB4499- 194 -LRB102 21455 LNS 30572 b

1    initial determination. Routine and independent calibration
2    of the speeds produced by automated speed enforcement
3    systems and equipment shall be conducted annually by a
4    qualified technician. Speeds produced by an automated
5    speed enforcement system shall be compared with speeds
6    produced by lidar or other independent equipment. Radar or
7    lidar equipment shall undergo an internal validation test
8    no less frequently than once each week. Qualified
9    technicians shall test loop-based loop based equipment no
10    less frequently than once a year. Radar equipment shall be
11    checked for accuracy by a qualified technician when the
12    unit is serviced, when unusual or suspect readings
13    persist, or when deemed necessary by a reviewing
14    technician. Radar equipment shall be checked with the
15    internal frequency generator and the internal circuit test
16    whenever the radar is turned on. Technicians must be alert
17    for any unusual or suspect readings, and if unusual or
18    suspect readings of a radar unit persist, that unit shall
19    immediately be removed from service and not returned to
20    service until it has been checked by a qualified
21    technician and determined to be functioning properly.
22    Documentation of the annual calibration results, including
23    the equipment tested, test date, technician performing the
24    test, and test results, shall be maintained and available
25    for use in the determination of an automated speed
26    enforcement system violation and issuance of a citation.

 

 

HB4499- 195 -LRB102 21455 LNS 30572 b

1    The technician performing the calibration and testing of
2    the automated speed enforcement equipment shall be trained
3    and certified in the use of equipment for speed
4    enforcement purposes. Training on the speed enforcement
5    equipment may be conducted by law enforcement, civilian,
6    or manufacturer's personnel and if applicable may be
7    equivalent to the equipment use and operations training
8    included in the Speed Measuring Device Operator Program
9    developed by the National Highway Traffic Safety
10    Administration (NHTSA). The vendor or technician who
11    performs the work shall keep accurate records on each
12    piece of equipment the technician calibrates and tests. As
13    used in this paragraph, "fully trained fully-trained
14    reviewing technician" means a person who has received at
15    least 40 hours of supervised training in subjects which
16    shall include image inspection and interpretation, the
17    elements necessary to prove a violation, license plate
18    identification, and traffic safety and management. In all
19    municipalities and counties, the automated speed
20    enforcement system or automated traffic law ordinance
21    shall require that no additional fee shall be charged to
22    the alleged violator for exercising his or her right to an
23    administrative hearing, and persons shall be given at
24    least 25 days following an administrative hearing to pay
25    any civil penalty imposed by a finding that Section
26    11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar

 

 

HB4499- 196 -LRB102 21455 LNS 30572 b

1    local ordinance has been violated. The original or a
2    facsimile of the violation notice or, in the case of a
3    notice produced by a computerized device, a printed record
4    generated by the device showing the facts entered on the
5    notice, shall be retained by the traffic compliance
6    administrator, and shall be a record kept in the ordinary
7    course of business. A parking, standing, compliance,
8    automated speed enforcement system, or automated traffic
9    law violation notice issued, signed, and served in
10    accordance with this Section, a copy of the notice, or the
11    computer-generated computer generated record shall be
12    prima facie correct and shall be prima facie evidence of
13    the correctness of the facts shown on the notice. The
14    notice, copy, or computer-generated computer generated
15    record shall be admissible in any subsequent
16    administrative or legal proceedings.
17        (4) An opportunity for a hearing for the registered
18    owner of the vehicle cited in the parking, standing,
19    compliance, automated speed enforcement system, or
20    automated traffic law violation notice in which the owner
21    may contest the merits of the alleged violation, and
22    during which formal or technical rules of evidence shall
23    not apply; provided, however, that under Section 11-1306
24    of this Code the lessee of a vehicle cited in the violation
25    notice likewise shall be provided an opportunity for a
26    hearing of the same kind afforded the registered owner.

 

 

HB4499- 197 -LRB102 21455 LNS 30572 b

1    The hearings shall be recorded, and the person conducting
2    the hearing on behalf of the traffic compliance
3    administrator shall be empowered to administer oaths and
4    to secure by subpoena both the attendance and testimony of
5    witnesses and the production of relevant books and papers.
6    Persons appearing at a hearing under this Section may be
7    represented by counsel at their expense. The ordinance may
8    also provide for internal administrative review following
9    the decision of the hearing officer.
10        (5) Service of additional notices, sent by first class
11    United States mail, postage prepaid, to the address of the
12    registered owner of the cited vehicle as recorded with the
13    Secretary of State or, if any notice to that address is
14    returned as undeliverable, to the last known address
15    recorded in a United States Post Office approved database,
16    or, under Section 11-1306 or subsection (p) of Section
17    11-208.6 or 11-208.9, or subsection (p) of Section
18    11-208.8 of this Code, to the lessee of the cited vehicle
19    at the last address known to the lessor of the cited
20    vehicle at the time of lease or, if any notice to that
21    address is returned as undeliverable, to the last known
22    address recorded in a United States Post Office approved
23    database. The service shall be deemed complete as of the
24    date of deposit in the United States mail. The notices
25    shall be in the following sequence and shall include, but
26    not be limited to, the information specified herein:

 

 

HB4499- 198 -LRB102 21455 LNS 30572 b

1            (i) A second notice of parking, standing, or
2        compliance violation if the first notice of the
3        violation was issued by affixing the original or a
4        facsimile of the notice to the unlawfully parked
5        vehicle or by handing the notice to the operator. This
6        notice shall specify or include the date and location
7        of the violation cited in the parking, standing, or
8        compliance violation notice, the particular regulation
9        violated, the vehicle make or a photograph of the
10        vehicle, the state registration number of the vehicle,
11        any requirement to complete a traffic education
12        program, the fine and any penalty that may be assessed
13        for late payment or failure to complete a traffic
14        education program, or both, when so provided by
15        ordinance, the availability of a hearing in which the
16        violation may be contested on its merits, and the time
17        and manner in which the hearing may be had. The notice
18        of violation shall also state that failure to complete
19        a required traffic education program, to pay the
20        indicated fine and any applicable penalty, or to
21        appear at a hearing on the merits in the time and
22        manner specified, will result in a final determination
23        of violation liability for the cited violation in the
24        amount of the fine or penalty indicated, and that,
25        upon the occurrence of a final determination of
26        violation liability for the failure, and the

 

 

HB4499- 199 -LRB102 21455 LNS 30572 b

1        exhaustion of, or failure to exhaust, available
2        administrative or judicial procedures for review, any
3        incomplete traffic education program or any unpaid
4        fine or penalty, or both, will constitute a debt due
5        and owing the municipality or county.
6            (ii) A notice of final determination of parking,
7        standing, compliance, automated speed enforcement
8        system, or automated traffic law violation liability.
9        This notice shall be sent following a final
10        determination of parking, standing, compliance,
11        automated speed enforcement system, or automated
12        traffic law violation liability and the conclusion of
13        judicial review procedures taken under this Section.
14        The notice shall state that the incomplete traffic
15        education program or the unpaid fine or penalty, or
16        both, is a debt due and owing the municipality or
17        county. The notice shall contain warnings that failure
18        to complete any required traffic education program or
19        to pay any fine or penalty due and owing the
20        municipality or county, or both, within the time
21        specified may result in the municipality's or county's
22        filing of a petition in the Circuit Court to have the
23        incomplete traffic education program or unpaid fine or
24        penalty, or both, rendered a judgment as provided by
25        this Section, or, where applicable, may result in
26        suspension of the person's driver's drivers license

 

 

HB4499- 200 -LRB102 21455 LNS 30572 b

1        for failure to complete a traffic education program.
2        or to pay fines or penalties, or both, for 5 or more
3        automated traffic law violations under Section
4        11-208.6 or 11-208.9 or automated speed enforcement
5        system violations under Section 11-208.8
6        (6) A notice of impending driver's drivers license
7    suspension. This notice shall be sent to the person liable
8    for failure to complete a required traffic education
9    program or to pay any fine or penalty that remains due and
10    owing, or both, on 5 or more unpaid automated speed
11    enforcement system or automated traffic law violations.
12    The notice shall state that failure to complete a required
13    traffic education program or to pay the fine or penalty
14    owing, or both, within 45 days of the notice's date will
15    result in the municipality or county notifying the
16    Secretary of State that the person is eligible for
17    initiation of suspension proceedings under Section 6-306.5
18    of this Code. The notice shall also state that the person
19    may obtain a photostatic copy of an original ticket
20    imposing a fine or penalty by sending a self-addressed
21    self addressed , stamped envelope to the municipality or
22    county along with a request for the photostatic copy. The
23    notice of impending driver's drivers license suspension
24    shall be sent by first class United States mail, postage
25    prepaid, to the address recorded with the Secretary of
26    State or, if any notice to that address is returned as

 

 

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1    undeliverable, to the last known address recorded in a
2    United States Post Office approved database.
3        (7) Final determinations of violation liability. A
4    final determination of violation liability shall occur
5    following failure to complete the required traffic
6    education program or to pay the fine or penalty, or both,
7    after a hearing officer's determination of violation
8    liability and the exhaustion of or failure to exhaust any
9    administrative review procedures provided by ordinance.
10    Where a person fails to appear at a hearing to contest the
11    alleged violation in the time and manner specified in a
12    prior mailed notice, the hearing officer's determination
13    of violation liability shall become final: (A) upon denial
14    of a timely petition to set aside that determination, or
15    (B) upon expiration of the period for filing the petition
16    without a filing having been made.
17        (8) A petition to set aside a determination of
18    parking, standing, compliance, automated speed enforcement
19    system, or automated traffic law violation liability that
20    may be filed by a person owing an unpaid fine or penalty. A
21    petition to set aside a determination of liability may
22    also be filed by a person required to complete a traffic
23    education program. The petition shall be filed with and
24    ruled upon by the traffic compliance administrator in the
25    manner and within the time specified by ordinance. The
26    grounds for the petition may be limited to: (A) the person

 

 

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1    not having been the owner or lessee of the cited vehicle on
2    the date the violation notice was issued, (B) the person
3    having already completed the required traffic education
4    program or paid the fine or penalty, or both, for the
5    violation in question, and (C) excusable failure to appear
6    at or request a new date for a hearing. With regard to
7    municipalities or counties with a population of 1 million
8    or more, it shall be grounds for dismissal of a parking
9    violation if the state registration number or vehicle
10    make, only if specified in the violation notice, is
11    incorrect. After the determination of parking, standing,
12    compliance, automated speed enforcement system, or
13    automated traffic law violation liability has been set
14    aside upon a showing of just cause, the registered owner
15    shall be provided with a hearing on the merits for that
16    violation.
17        (9) Procedures for non-residents. Procedures by which
18    persons who are not residents of the municipality or
19    county may contest the merits of the alleged violation
20    without attending a hearing.
21        (10) A schedule of civil fines for violations of
22    vehicular standing, parking, compliance, automated speed
23    enforcement system, or automated traffic law regulations
24    enacted by ordinance pursuant to this Section, and a
25    schedule of penalties for late payment of the fines or
26    failure to complete required traffic education programs,

 

 

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1    provided, however, that the total amount of the fine and
2    penalty for any one violation shall not exceed $250,
3    except as provided in subsection (c) of Section 11-1301.3
4    of this Code.
5        (11) Other provisions as are necessary and proper to
6    carry into effect the powers granted and purposes stated
7    in this Section.
8    (c) Any municipality or county establishing vehicular
9standing, parking, compliance, automated speed enforcement
10system, or automated traffic law regulations under this
11Section may also provide by ordinance for a program of vehicle
12immobilization for the purpose of facilitating enforcement of
13those regulations. The program of vehicle immobilization shall
14provide for immobilizing any eligible vehicle upon the public
15way by presence of a restraint in a manner to prevent operation
16of the vehicle. Any ordinance establishing a program of
17vehicle immobilization under this Section shall provide:
18        (1) Criteria for the designation of vehicles eligible
19    for immobilization. A vehicle shall be eligible for
20    immobilization when the registered owner of the vehicle
21    has accumulated the number of incomplete traffic education
22    programs or unpaid final determinations of parking,
23    standing, compliance, automated speed enforcement system,
24    or automated traffic law violation liability, or both, as
25    determined by ordinance.
26        (2) A notice of impending vehicle immobilization and a

 

 

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1    right to a hearing to challenge the validity of the notice
2    by disproving liability for the incomplete traffic
3    education programs or unpaid final determinations of
4    parking, standing, compliance, automated speed enforcement
5    system, or automated traffic law violation liability, or
6    both, listed on the notice.
7        (3) The right to a prompt hearing after a vehicle has
8    been immobilized or subsequently towed without the
9    completion of the required traffic education program or
10    payment of the outstanding fines and penalties on parking,
11    standing, compliance, automated speed enforcement system,
12    or automated traffic law violations, or both, for which
13    final determinations have been issued. An order issued
14    after the hearing is a final administrative decision
15    within the meaning of Section 3-101 of the Code of Civil
16    Procedure.
17        (4) A post immobilization and post-towing notice
18    advising the registered owner of the vehicle of the right
19    to a hearing to challenge the validity of the impoundment.
20    (d) Judicial review of final determinations of parking,
21standing, compliance, automated speed enforcement system, or
22automated traffic law violations and final administrative
23decisions issued after hearings regarding vehicle
24immobilization and impoundment made under this Section shall
25be subject to the provisions of the Administrative Review Law.
26    (e) Any fine, penalty, incomplete traffic education

 

 

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1program, or part of any fine or any penalty remaining unpaid
2after the exhaustion of, or the failure to exhaust,
3administrative remedies created under this Section and the
4conclusion of any judicial review procedures shall be a debt
5due and owing the municipality or county and, as such, may be
6collected in accordance with applicable law. Completion of any
7required traffic education program and payment in full of any
8fine or penalty resulting from a standing, parking,
9compliance, automated speed enforcement system, or automated
10traffic law violation shall constitute a final disposition of
11that violation.
12    (f) After the expiration of the period within which
13judicial review may be sought for a final determination of
14parking, standing, compliance, automated speed enforcement
15system, or automated traffic law violation, the municipality
16or county may commence a proceeding in the Circuit Court for
17purposes of obtaining a judgment on the final determination of
18violation. Nothing in this Section shall prevent a
19municipality or county from consolidating multiple final
20determinations of parking, standing, compliance, automated
21speed enforcement system, or automated traffic law violations
22against a person in a proceeding. Upon commencement of the
23action, the municipality or county shall file a certified copy
24or record of the final determination of parking, standing,
25compliance, automated speed enforcement system, or automated
26traffic law violation, which shall be accompanied by a

 

 

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1certification that recites facts sufficient to show that the
2final determination of violation was issued in accordance with
3this Section and the applicable municipal or county ordinance.
4Service of the summons and a copy of the petition may be by any
5method provided by Section 2-203 of the Code of Civil
6Procedure or by certified mail, return receipt requested,
7provided that the total amount of fines and penalties for
8final determinations of parking, standing, compliance,
9automated speed enforcement system, or automated traffic law
10violations does not exceed $2500. If the court is satisfied
11that the final determination of parking, standing, compliance,
12automated speed enforcement system, or automated traffic law
13violation was entered in accordance with the requirements of
14this Section and the applicable municipal or county ordinance,
15and that the registered owner or the lessee, as the case may
16be, had an opportunity for an administrative hearing and for
17judicial review as provided in this Section, the court shall
18render judgment in favor of the municipality or county and
19against the registered owner or the lessee for the amount
20indicated in the final determination of parking, standing,
21compliance, automated speed enforcement system, or automated
22traffic law violation, plus costs. The judgment shall have the
23same effect and may be enforced in the same manner as other
24judgments for the recovery of money.
25    (g) The fee for participating in a traffic education
26program under this Section shall not exceed $25.

 

 

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1    A low-income individual required to complete a traffic
2education program under this Section who provides proof of
3eligibility for the federal earned income tax credit under
4Section 32 of the Internal Revenue Code or the Illinois earned
5income tax credit under Section 212 of the Illinois Income Tax
6Act shall not be required to pay any fee for participating in a
7required traffic education program.
8(Source: P.A. 101-32, eff. 6-28-19; 101-623, eff. 7-1-20;
9101-652, eff. 7-1-21; 102-558, eff. 8-20-21.)
 
10    (625 ILCS 5/11-208.6)
11    Sec. 11-208.6. Automated traffic law enforcement system.
12    (a) As used in this Section, "automated traffic law
13enforcement system" means a device with one or more motor
14vehicle sensors working in conjunction with a red light signal
15to produce recorded images of motor vehicles entering an
16intersection against a red signal indication in violation of
17Section 11-306 of this Code or a similar provision of a local
18ordinance.
19    An automated traffic law enforcement system is a system,
20in a municipality or county operated by a governmental agency,
21that produces a recorded image of a motor vehicle's violation
22of a provision of this Code or a local ordinance and is
23designed to obtain a clear recorded image of the vehicle and
24the vehicle's license plate. The recorded image must also
25display the time, date, and location of the violation.

 

 

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1    (b) As used in this Section, "recorded images" means
2images recorded by an automated traffic law enforcement system
3on:
4        (1) 2 or more photographs;
5        (2) 2 or more microphotographs;
6        (3) 2 or more electronic images; or
7        (4) a video recording showing the motor vehicle and,
8    on at least one image or portion of the recording, clearly
9    identifying the registration plate or digital registration
10    plate number of the motor vehicle.
11    (b-5) A municipality or county that produces a recorded
12image of a motor vehicle's violation of a provision of this
13Code or a local ordinance must make the recorded images of a
14violation accessible to the alleged violator by providing the
15alleged violator with a website address, accessible through
16the Internet.
17    (c) Except as provided under Section 11-208.8 of this
18Code, a county or municipality, including a home rule county
19or municipality, may not use an automated traffic law
20enforcement system to provide recorded images of a motor
21vehicle for the purpose of recording its speed. Except as
22provided under Section 11-208.8 of this Code, the regulation
23of the use of automated traffic law enforcement systems to
24record vehicle speeds is an exclusive power and function of
25the State. This subsection (c) is a denial and limitation of
26home rule powers and functions under subsection (h) of Section

 

 

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16 of Article VII of the Illinois Constitution.
2    (c-5) A county or municipality, including a home rule
3county or municipality, may not use an automated traffic law
4enforcement system to issue violations in instances where the
5motor vehicle comes to a complete stop and does not enter the
6intersection, as defined by Section 1-132 of this Code, during
7the cycle of the red signal indication unless one or more
8pedestrians or bicyclists are present, even if the motor
9vehicle stops at a point past a stop line or crosswalk where a
10driver is required to stop, as specified in subsection (c) of
11Section 11-306 of this Code or a similar provision of a local
12ordinance.
13    (c-6) A county, or a municipality with less than 2,000,000
14inhabitants, including a home rule county or municipality, may
15not use an automated traffic law enforcement system to issue
16violations in instances where a motorcyclist enters an
17intersection against a red signal indication when the red
18signal fails to change to a green signal within a reasonable
19period of time not less than 120 seconds because of a signal
20malfunction or because the signal has failed to detect the
21arrival of the motorcycle due to the motorcycle's size or
22weight.
23    (d) For each violation of a provision of this Code or a
24local ordinance recorded by an automatic traffic law
25enforcement system, the county or municipality having
26jurisdiction shall issue a written notice of the violation to

 

 

HB4499- 210 -LRB102 21455 LNS 30572 b

1the registered owner of the vehicle as the alleged violator.
2The notice shall be delivered to the registered owner of the
3vehicle, by mail, within 30 days after the Secretary of State
4notifies the municipality or county of the identity of the
5owner of the vehicle, but in no event later than 90 days after
6the violation.
7    The notice shall include:
8        (1) the name and address of the registered owner of
9    the vehicle;
10        (2) the registration number of the motor vehicle
11    involved in the violation;
12        (3) the violation charged;
13        (4) the location where the violation occurred;
14        (5) the date and time of the violation;
15        (6) a copy of the recorded images;
16        (7) the amount of the civil penalty imposed and the
17    requirements of any traffic education program imposed and
18    the date by which the civil penalty should be paid and the
19    traffic education program should be completed;
20        (8) a statement that recorded images are evidence of a
21    violation of a red light signal;
22        (9) a warning that failure to pay the civil penalty,
23    to complete a required traffic education program, or to
24    contest liability in a timely manner is an admission of
25    liability and may result in a suspension of the driving
26    privileges of the registered owner of the vehicle;

 

 

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1        (10) a statement that the person may elect to proceed
2    by:
3            (A) paying the fine, completing a required traffic
4        education program, or both; or
5            (B) challenging the charge in court, by mail, or
6        by administrative hearing; and
7        (11) a website address, accessible through the
8    Internet, where the person may view the recorded images of
9    the violation.
10    (e) (Blank). If a person charged with a traffic violation,
11as a result of an automated traffic law enforcement system,
12does not pay the fine or complete a required traffic education
13program, or both, or successfully contest the civil penalty
14resulting from that violation, the Secretary of State shall
15suspend the driving privileges of the registered owner of the
16vehicle under Section 6-306.5 of this Code for failing to
17complete a required traffic education program or to pay any
18fine or penalty due and owing, or both, as a result of a
19combination of 5 violations of the automated traffic law
20enforcement system or the automated speed enforcement system
21under Section 11-208.8 of this Code.
22    (f) Based on inspection of recorded images produced by an
23automated traffic law enforcement system, a notice alleging
24that the violation occurred shall be evidence of the facts
25contained in the notice and admissible in any proceeding
26alleging a violation under this Section.

 

 

HB4499- 212 -LRB102 21455 LNS 30572 b

1    (g) Recorded images made by an automatic traffic law
2enforcement system are confidential and shall be made
3available only to the alleged violator and governmental and
4law enforcement agencies for purposes of adjudicating a
5violation of this Section, for statistical purposes, or for
6other governmental purposes. Any recorded image evidencing a
7violation of this Section, however, may be admissible in any
8proceeding resulting from the issuance of the citation.
9    (h) The court or hearing officer may consider in defense
10of a violation:
11        (1) that the motor vehicle or registration plates or
12    digital registration plates of the motor vehicle were
13    stolen before the violation occurred and not under the
14    control of or in the possession of the owner at the time of
15    the violation;
16        (2) that the driver of the vehicle passed through the
17    intersection when the light was red either (i) in order to
18    yield the right-of-way to an emergency vehicle or (ii) as
19    part of a funeral procession; and
20