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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Illinois Police Training Act is amended by | |||||||||||||||||||
5 | changing Sections 8.4, 10.6, and 10.17 as follows: | |||||||||||||||||||
6 | (50 ILCS 705/8.4) | |||||||||||||||||||
7 | Sec. 8.4. Law enforcement compliance verification. | |||||||||||||||||||
8 | (a)(1) Unless on inactive status under subsection (b) of | |||||||||||||||||||
9 | Section 8.1 or subsection (b) of Section 8.2, every law | |||||||||||||||||||
10 | enforcement officer subject to this Act shall submit a | |||||||||||||||||||
11 | verification form that confirms compliance with this Act. The | |||||||||||||||||||
12 | verification shall apply to the 3 calendar years preceding the | |||||||||||||||||||
13 | date of verification. Law enforcement officers shall submit | |||||||||||||||||||
14 | the officer's first report by January 30 during the initial | |||||||||||||||||||
15 | three-year reporting period, as determined on the basis of the | |||||||||||||||||||
16 | law enforcement officer's last name under paragraph (2) of | |||||||||||||||||||
17 | this subsection then every third year of the officer's | |||||||||||||||||||
18 | applicable three-year report period as determined by the | |||||||||||||||||||
19 | Board. At the conclusion of each law enforcement officer's | |||||||||||||||||||
20 | applicable reporting period, the chief administrative officer | |||||||||||||||||||
21 | of the officer's law enforcement agency is to determine the | |||||||||||||||||||
22 | compliance of each officer under this Section. An officer may | |||||||||||||||||||
23 | verify their successful completion of training requirements |
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1 | with their law enforcement agency. Each law enforcement | ||||||
2 | officer is responsible for reporting and demonstrating | ||||||
3 | compliance to the officer's chief administrative officer. | ||||||
4 | (2) The applicable three-year reporting period shall begin | ||||||
5 | on January 30, 2023 for law enforcement officers whose last | ||||||
6 | names being with the letters A through G, on January 30, 2024 | ||||||
7 | for law enforcement officers whose last names being with the | ||||||
8 | letters H through O, and January 30, 2025 for law enforcement | ||||||
9 | officers whose last names being with the letters P through Z. | ||||||
10 | (3) The compliance verification form shall be in a form | ||||||
11 | and manner prescribed by the Board and, at a minimum, include | ||||||
12 | the following: (i) verification that the law enforcement | ||||||
13 | officer has completed the mandatory training programs in the | ||||||
14 | preceding 3 years; (ii) the law enforcement officer's current | ||||||
15 | employment information, including but not limited to, the | ||||||
16 | termination of any previous law enforcement or security | ||||||
17 | employment in the relevant time period; and (iii) a statement | ||||||
18 | verifying that the officer has not committed misconduct under | ||||||
19 | Section 6.1. | ||||||
20 | (b) (1) On October 1 of each year, the Board shall send | ||||||
21 | notice to all certified law enforcement officers, unless | ||||||
22 | exempted in (a), of the upcoming deadline to submit the | ||||||
23 | compliance verification form. No later than March 1 of each | ||||||
24 | year, the Board shall send notice to all certified law | ||||||
25 | enforcement officers who have failed to submit the compliance | ||||||
26 | verification form, as well as the officer's law enforcement |
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1 | agencies. The Board shall not send a notice of noncompliance | ||||||
2 | to law enforcement officers whom the Board knows, based on the | ||||||
3 | status of the law enforcement officer's certification status, | ||||||
4 | are inactive or retired. The Board may accept compliance | ||||||
5 | verification forms until April 1 of the year in which a law | ||||||
6 | enforcement officer is required to submit the form. | ||||||
7 | (2) No earlier than April 1 of the year in which a law | ||||||
8 | enforcement officer is required to submit a verification form, | ||||||
9 | the Board may determine a law enforcement officer's | ||||||
10 | certification to be inactive if the law enforcement officer | ||||||
11 | failed to either: (1) submit a compliance verification in | ||||||
12 | accordance with this Section; or (2) report an exemption from | ||||||
13 | the requirements of this Section. The Board shall then send | ||||||
14 | notice, by mail or email, to any such law enforcement officer | ||||||
15 | and the officer's law enforcement agency that the officer's | ||||||
16 | certificate will be deemed inactive on the date specified in | ||||||
17 | the notice, which shall be no sooner than 21 days from the date | ||||||
18 | of the notice, because of the officer's failure to comply or | ||||||
19 | report compliance, or failure to report an exemption. The | ||||||
20 | Board shall deem inactive the certificate of such law | ||||||
21 | enforcement officers on the date specified in the notice | ||||||
22 | unless the Board determines before that date that the law | ||||||
23 | enforcement officer has complied. A determination that a | ||||||
24 | certificate is inactive under this section is not a | ||||||
25 | disciplinary sanction. | ||||||
26 | (3) A law enforcement officer who was on inactive status |
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1 | shall, upon return to active status, be required to complete | ||||||
2 | the deferred training programs within 1 year. | ||||||
3 | (4) The Board may waive the reporting requirements, as | ||||||
4 | required in this section, if the law enforcement officer or | ||||||
5 | the officer's law enforcement agency demonstrates the | ||||||
6 | existence of mitigating circumstances justifying the law | ||||||
7 | enforcement officer's failure to obtain the training | ||||||
8 | requirements due to failure of the officer's law enforcement | ||||||
9 | agency or the Board to offer the training requirement during | ||||||
10 | the officer's required compliance verification period. If the | ||||||
11 | Board finds that the law enforcement officer can meet the | ||||||
12 | training requirements with extended time, the Board may allow | ||||||
13 | the law enforcement officer a maximum of six additional months | ||||||
14 | to complete the requirements. | ||||||
15 | (5) A request for a training waiver under this subsection | ||||||
16 | due to the mitigating circumstance shall be in writing, | ||||||
17 | accompanied by verifying documentation, and shall be submitted | ||||||
18 | to the Board not less than 30 days before the end of the law | ||||||
19 | enforcement officer's required compliance verification period. | ||||||
20 | (6) A law enforcement officer whose request for waiver | ||||||
21 | under this subsection is denied, is entitled to a request for a | ||||||
22 | review by the Board. The law enforcement officer or the | ||||||
23 | officer's law enforcement agency must request a review within | ||||||
24 | 20 days after the waiver being denied. The burden of proof | ||||||
25 | shall be on the law enforcement officer to show why the officer | ||||||
26 | is entitled to a waiver. |
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1 | (c) Recordkeeping and audits. | ||||||
2 | (1) (Blank). For four years after the end of each | ||||||
3 | reporting period, each certified law enforcement officer | ||||||
4 | shall maintain sufficient documentation necessary to | ||||||
5 | corroborate compliance with the mandatory training | ||||||
6 | requirements under this Act. | ||||||
7 | (2) Notwithstanding any other provision in state law, | ||||||
8 | for 4 four years after the end of each reporting period, | ||||||
9 | each law enforcement agency shall maintain sufficient | ||||||
10 | documentation necessary to corroborate compliance with the | ||||||
11 | mandatory training requirements under this Act of each | ||||||
12 | officer it employs or employed within the relevant time | ||||||
13 | period. | ||||||
14 | (3) The Board may audit compliance verification forms | ||||||
15 | submitted to determine the accuracy of the submissions. | ||||||
16 | The audit may include but is not limited to, training | ||||||
17 | verification and a law enforcement officer background | ||||||
18 | check. | ||||||
19 | (d) Audits that reveal an inaccurate verification. | ||||||
20 | (1) If an audit conducted under paragraph (3) of | ||||||
21 | subsection (c) of this Section reveals inaccurate | ||||||
22 | information, the Board shall provide the law enforcement | ||||||
23 | officer and employing law enforcement agency with written | ||||||
24 | notice containing: (i) the results of the audit, | ||||||
25 | specifying each alleged inaccuracy; (ii) a summary of the | ||||||
26 | basis of that determination; and (iii) a deadline, which |
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1 | shall be at least 30 days from the date of the notice, for | ||||||
2 | the law enforcement officer to file a written response if | ||||||
3 | the law enforcement officer objects to any of the contents | ||||||
4 | of the notice. | ||||||
5 | (2) After considering any response from the law | ||||||
6 | enforcement officer, if the Board determines that the law | ||||||
7 | enforcement officer filed an inaccurate verification, the | ||||||
8 | law enforcement officer shall be given 60 days in which to | ||||||
9 | file an amended verification form, together with all | ||||||
10 | documentation specified in paragraph (e)(1), demonstrating | ||||||
11 | full compliance with the applicable requirements. | ||||||
12 | (3) If the results of the audit suggest that the law | ||||||
13 | enforcement officer willfully filed a false verification | ||||||
14 | form, the Board shall submit a formal complaint to the | ||||||
15 | Panel for decertification. An officer who has been | ||||||
16 | decertified for willfully filing a false verification form | ||||||
17 | shall not be eligible for reactivation under subsection | ||||||
18 | (e). | ||||||
19 | (e) Reactivation. A law enforcement officer who has been | ||||||
20 | deemed inactive due to noncompliance with the reporting | ||||||
21 | requirements under paragraph (a)(1) may request to have the | ||||||
22 | Board re-activate his or her certification upon submitting a | ||||||
23 | compliance verification form that shows full compliance for | ||||||
24 | the period in which the law enforcement officer was deemed | ||||||
25 | inactive due to noncompliance. The Board shall make a | ||||||
26 | determination regarding a submission under this subsection |
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1 | active no later than 7 days after the Board determines full | ||||||
2 | compliance or continued noncompliance.
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3 | A law enforcement officer whose request for reactivation | ||||||
4 | under this subsection (e) is denied is entitled to request a | ||||||
5 | review by the Board. The law enforcement officer or the | ||||||
6 | officer's law enforcement agency must request a review within | ||||||
7 | 20 days after reactivation being denied. The burden of proof | ||||||
8 | shall be on the law enforcement officer or law enforcement | ||||||
9 | agency to show that the officer is in full compliance. | ||||||
10 | (f) Notwithstanding any provision of law to the contrary, | ||||||
11 | the changes made to this Section by this amendatory Act of the | ||||||
12 | 102nd General Assembly and Public Act 101-652 take effect July | ||||||
13 | 1, 2022. | ||||||
14 | (Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.) | ||||||
15 | (50 ILCS 705/10.6) | ||||||
16 | Sec. 10.6. Mandatory training to be completed every 3 | ||||||
17 | years. | ||||||
18 | (a) The Board shall adopt rules and
minimum standards for | ||||||
19 | in-service training requirements as set forth in this Section. | ||||||
20 | The training shall provide officers with knowledge of policies | ||||||
21 | and laws regulating the use of force; equip officers with | ||||||
22 | tactics and skills, including de-escalation techniques, to | ||||||
23 | prevent or reduce the need to use force or, when force must be | ||||||
24 | used, to use force that is objectively reasonable, necessary, | ||||||
25 | and proportional under the totality of the circumstances; and |
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1 | ensure appropriate supervision and accountability.
The | ||||||
2 | training shall include: | ||||||
3 | (1) Hands-on At least 12 hours of hands-on , | ||||||
4 | scenario-based role-playing. | ||||||
5 | (2) Instruction At least 6 hours of instruction on use | ||||||
6 | of force techniques, including the use of de-escalation | ||||||
7 | techniques to prevent or reduce the need for force | ||||||
8 | whenever safe and feasible. | ||||||
9 | (3) Specific training on the law concerning stops, | ||||||
10 | searches, and the use of force under the Fourth Amendment | ||||||
11 | to the United States Constitution. | ||||||
12 | (4) Specific training on officer safety techniques, | ||||||
13 | including cover, concealment, and time. | ||||||
14 | (5) Training At least 6 hours of training focused on | ||||||
15 | high-risk traffic stops.
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16 | (b) Notwithstanding any provision of law to the contrary, | ||||||
17 | the changes made to this Section by this amendatory Act of the | ||||||
18 | 102nd General Assembly, Public Act 101-652, and Public Act | ||||||
19 | 102-28 , and Public Act 102-694 take effect July 1, 2022. | ||||||
20 | This Section takes effect January 1, 2022. | ||||||
21 | (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21; | ||||||
22 | 102-694, eff. 1-7-22; revised 2-3-22.) | ||||||
23 | (50 ILCS 705/10.17) | ||||||
24 | Sec. 10.17. Crisis intervention team training; mental | ||||||
25 | health awareness training. |
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1 | (a) The Illinois Law Enforcement Training Standards Board | ||||||
2 | shall develop and approve a standard curriculum for certified | ||||||
3 | training programs in crisis intervention, including a | ||||||
4 | specialty certification course of at least 40 hours, | ||||||
5 | addressing specialized policing responses to people with | ||||||
6 | mental illnesses. The Board shall conduct Crisis Intervention | ||||||
7 | Team (CIT) training programs that train officers to identify | ||||||
8 | signs and symptoms of mental illness, to de-escalate | ||||||
9 | situations involving individuals who appear to have a mental | ||||||
10 | illness, and connect that person in crisis to treatment. | ||||||
11 | Crisis Intervention Team (CIT) training programs shall be a | ||||||
12 | collaboration between law enforcement professionals, mental | ||||||
13 | health providers, families, and consumer advocates and must | ||||||
14 | minimally include the following components:
(1) basic | ||||||
15 | information about mental illnesses and how to recognize them; | ||||||
16 | (2) information about mental health laws and resources; (3) | ||||||
17 | learning from family members of individuals with mental | ||||||
18 | illness and their experiences; and (4) verbal de-escalation | ||||||
19 | training and role-plays. Officers who have successfully | ||||||
20 | completed this program shall be issued a certificate attesting | ||||||
21 | to their attendance of a Crisis Intervention Team (CIT) | ||||||
22 | training program.
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23 | (b) The Board shall create an introductory course | ||||||
24 | incorporating adult learning models that provides law | ||||||
25 | enforcement officers with an awareness of mental health issues | ||||||
26 | including a history of the mental health system, types of |
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1 | mental health illness including signs and symptoms of mental | ||||||
2 | illness and common treatments and medications, and the | ||||||
3 | potential interactions law enforcement officers may have on a | ||||||
4 | regular basis with these individuals, their families, and | ||||||
5 | service providers including de-escalating a potential crisis | ||||||
6 | situation. This course, in addition to other traditional | ||||||
7 | learning settings, may be made available in an electronic | ||||||
8 | format. | ||||||
9 | The amendatory changes to this Section made by Public Act | ||||||
10 | 101-652 shall take effect January 1, 2022. | ||||||
11 | (Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.) | ||||||
12 | Section 10. The Criminal Code of 2012 is amended by | ||||||
13 | changing Section 31A-0.1 as follows: | ||||||
14 | (720 ILCS 5/31A-0.1) | ||||||
15 | (Text of Section before amendment by P.A. 101-652 ) | ||||||
16 | Sec. 31A-0.1. Definitions. For the purposes of this | ||||||
17 | Article: | ||||||
18 | "Deliver" or "delivery" means the actual, constructive or | ||||||
19 | attempted
transfer of possession of an item of contraband, | ||||||
20 | with or without consideration,
whether or not there is an | ||||||
21 | agency relationship. | ||||||
22 | "Employee" means any elected or appointed officer, trustee | ||||||
23 | or
employee of a penal institution or of the governing | ||||||
24 | authority of the penal
institution, or any person who performs |
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1 | services for the penal institution
pursuant to contract with | ||||||
2 | the penal institution or its governing
authority. | ||||||
3 | "Item of contraband" means any of the following: | ||||||
4 | (i) "Alcoholic liquor" as that term is defined in | ||||||
5 | Section 1-3.05 of the
Liquor Control Act of 1934. | ||||||
6 | (ii) "Cannabis" as that term is defined in subsection | ||||||
7 | (a) of Section 3
of the Cannabis Control Act. | ||||||
8 | (iii) "Controlled substance" as that term is defined | ||||||
9 | in the Illinois
Controlled Substances Act. | ||||||
10 | (iii-a) "Methamphetamine" as that term is defined in | ||||||
11 | the Illinois Controlled Substances Act or the | ||||||
12 | Methamphetamine Control and Community Protection Act. | ||||||
13 | (iv) "Hypodermic syringe" or hypodermic needle, or any | ||||||
14 | instrument
adapted for use of controlled substances or | ||||||
15 | cannabis by subcutaneous injection. | ||||||
16 | (v) "Weapon" means any knife, dagger, dirk, billy, | ||||||
17 | razor, stiletto,
broken bottle, or other piece of glass | ||||||
18 | which could be used as a dangerous
weapon. This term | ||||||
19 | includes any of the devices or implements designated in
| ||||||
20 | subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 of | ||||||
21 | this
Code, or any other dangerous weapon or instrument of | ||||||
22 | like character. | ||||||
23 | (vi) "Firearm" means any device, by whatever name | ||||||
24 | known, which is
designed to expel a projectile or | ||||||
25 | projectiles by the action of an
explosion, expansion of | ||||||
26 | gas or escape of gas, including but not limited to: |
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1 | (A) any pneumatic gun, spring gun, or B-B gun | ||||||
2 | which expels a single
globular projectile not | ||||||
3 | exceeding .18 inch in diameter; or | ||||||
4 | (B) any device used exclusively for signaling or | ||||||
5 | safety and required
as
recommended by the United | ||||||
6 | States Coast Guard or the Interstate Commerce
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7 | Commission; or | ||||||
8 | (C) any device used exclusively for the firing of | ||||||
9 | stud cartridges,
explosive rivets or industrial | ||||||
10 | ammunition; or | ||||||
11 | (D) any device which is powered by electrical | ||||||
12 | charging units, such as
batteries, and which fires one | ||||||
13 | or several barbs attached to a length of
wire and | ||||||
14 | which, upon hitting a human, can send out current | ||||||
15 | capable of
disrupting the person's nervous system in | ||||||
16 | such a manner as to render him or her incapable of | ||||||
17 | normal functioning, commonly referred to as a stun gun | ||||||
18 | or taser. | ||||||
19 | (vii) "Firearm ammunition" means any self-contained | ||||||
20 | cartridge or shotgun
shell, by whatever name known, which | ||||||
21 | is designed to be used or adaptable to
use in a firearm, | ||||||
22 | including but not limited to: | ||||||
23 | (A) any ammunition exclusively designed for use | ||||||
24 | with a device used
exclusively for signaling or safety | ||||||
25 | and required or recommended by the
United States Coast | ||||||
26 | Guard or the Interstate Commerce Commission; or |
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1 | (B) any ammunition designed exclusively for use | ||||||
2 | with a stud or rivet
driver or other similar | ||||||
3 | industrial ammunition. | ||||||
4 | (viii) "Explosive" means, but is not limited to, bomb, | ||||||
5 | bombshell,
grenade, bottle or other container containing | ||||||
6 | an explosive substance of
over one-quarter ounce for like | ||||||
7 | purposes such as black powder bombs and
Molotov cocktails | ||||||
8 | or artillery projectiles. | ||||||
9 | (ix) "Tool to defeat security mechanisms" means, but | ||||||
10 | is not limited to,
handcuff or security restraint key, | ||||||
11 | tool designed to pick locks, popper, or any device or
| ||||||
12 | instrument used to or capable of unlocking or preventing | ||||||
13 | from locking any handcuff or security restraints, doors to
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14 | cells, rooms, gates or other areas of the penal | ||||||
15 | institution. | ||||||
16 | (x) "Cutting tool" means, but is not limited to, | ||||||
17 | hacksaw blade,
wirecutter,
or device, instrument or file | ||||||
18 | capable of cutting through metal. | ||||||
19 | (xi) "Electronic contraband" for the purposes of | ||||||
20 | Section 31A-1.1 of this Article means, but is not limited | ||||||
21 | to, any
electronic, video recording device, computer, or | ||||||
22 | cellular communications
equipment, including, but not
| ||||||
23 | limited to, cellular telephones, cellular telephone | ||||||
24 | batteries, videotape
recorders, pagers,
computers, and | ||||||
25 | computer peripheral equipment brought into or possessed in | ||||||
26 | a
penal institution without the written authorization of |
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1 | the Chief Administrative
Officer. "Electronic contraband" | ||||||
2 | for the purposes of Section 31A-1.2 of this Article, | ||||||
3 | means, but is not limited to, any
electronic, video | ||||||
4 | recording device, computer, or cellular communications
| ||||||
5 | equipment, including, but not
limited to, cellular | ||||||
6 | telephones, cellular telephone batteries, videotape
| ||||||
7 | recorders, pagers,
computers, and computer peripheral | ||||||
8 | equipment. | ||||||
9 | "Penal institution" means any penitentiary, State farm,
| ||||||
10 | reformatory, prison, jail, house of correction, police | ||||||
11 | detention area,
half-way house or other institution or place | ||||||
12 | for the incarceration or
custody of persons under sentence for | ||||||
13 | offenses awaiting trial or sentence
for offenses, under arrest | ||||||
14 | for an offense, a violation of probation, a
violation of | ||||||
15 | parole, a violation of aftercare release, or a violation of | ||||||
16 | mandatory supervised release, or
awaiting a bail setting | ||||||
17 | hearing or preliminary hearing; provided that where
the place | ||||||
18 | for incarceration or custody is housed within another public
| ||||||
19 | building this Article shall not apply to that part of the | ||||||
20 | building unrelated
to the incarceration or custody of persons.
| ||||||
21 | (Source: P.A. 97-1108, eff. 1-1-13; 98-558, eff. 1-1-14.) | ||||||
22 | (Text of Section after amendment by P.A. 101-652 ) | ||||||
23 | Sec. 31A-0.1. Definitions. For the purposes of this | ||||||
24 | Article: | ||||||
25 | "Deliver" or "delivery" means the actual, constructive or |
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| |||||||
1 | attempted
transfer of possession of an item of contraband, | ||||||
2 | with or without consideration,
whether or not there is an | ||||||
3 | agency relationship. | ||||||
4 | "Employee" means any elected or appointed officer, trustee | ||||||
5 | or
employee of a penal institution or of the governing | ||||||
6 | authority of the penal
institution, or any person who performs | ||||||
7 | services for the penal institution
pursuant to contract with | ||||||
8 | the penal institution or its governing
authority. | ||||||
9 | "Item of contraband" means any of the following: | ||||||
10 | (i) "Alcoholic liquor" as that term is defined in | ||||||
11 | Section 1-3.05 of the
Liquor Control Act of 1934. | ||||||
12 | (ii) "Cannabis" as that term is defined in subsection | ||||||
13 | (a) of Section 3
of the Cannabis Control Act. | ||||||
14 | (iii) "Controlled substance" as that term is defined | ||||||
15 | in the Illinois
Controlled Substances Act. | ||||||
16 | (iii-a) "Methamphetamine" as that term is defined in | ||||||
17 | the Illinois Controlled Substances Act or the | ||||||
18 | Methamphetamine Control and Community Protection Act. | ||||||
19 | (iv) "Hypodermic syringe" or hypodermic needle, or any | ||||||
20 | instrument
adapted for use of controlled substances or | ||||||
21 | cannabis by subcutaneous injection. | ||||||
22 | (v) "Weapon" means any knife, dagger, dirk, billy, | ||||||
23 | razor, stiletto,
broken bottle, or other piece of glass | ||||||
24 | which could be used as a dangerous
weapon. This term | ||||||
25 | includes any of the devices or implements designated in
| ||||||
26 | subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 of |
| |||||||
| |||||||
1 | this
Code, or any other dangerous weapon or instrument of | ||||||
2 | like character. | ||||||
3 | (vi) "Firearm" means any device, by whatever name | ||||||
4 | known, which is
designed to expel a projectile or | ||||||
5 | projectiles by the action of an
explosion, expansion of | ||||||
6 | gas or escape of gas, including but not limited to: | ||||||
7 | (A) any pneumatic gun, spring gun, or B-B gun | ||||||
8 | which expels a single
globular projectile not | ||||||
9 | exceeding .18 inch in diameter; or | ||||||
10 | (B) any device used exclusively for signaling or | ||||||
11 | safety and required
as
recommended by the United | ||||||
12 | States Coast Guard or the Interstate Commerce
| ||||||
13 | Commission; or | ||||||
14 | (C) any device used exclusively for the firing of | ||||||
15 | stud cartridges,
explosive rivets or industrial | ||||||
16 | ammunition; or | ||||||
17 | (D) (blank). any device which is powered by | ||||||
18 | electrical charging units, such as
batteries, and | ||||||
19 | which fires one or several barbs attached to a length | ||||||
20 | of
wire and which, upon hitting a human, can send out | ||||||
21 | current capable of
disrupting the person's nervous | ||||||
22 | system in such a manner as to render him or her | ||||||
23 | incapable of normal functioning, commonly referred to | ||||||
24 | as a stun gun or taser. | ||||||
25 | (vii) "Firearm ammunition" means any self-contained | ||||||
26 | cartridge or shotgun
shell, by whatever name known, which |
| |||||||
| |||||||
1 | is designed to be used or adaptable to
use in a firearm, | ||||||
2 | including but not limited to: | ||||||
3 | (A) any ammunition exclusively designed for use | ||||||
4 | with a device used
exclusively for signaling or safety | ||||||
5 | and required or recommended by the
United States Coast | ||||||
6 | Guard or the Interstate Commerce Commission; or | ||||||
7 | (B) any ammunition designed exclusively for use | ||||||
8 | with a stud or rivet
driver or other similar | ||||||
9 | industrial ammunition. | ||||||
10 | (viii) "Explosive" means, but is not limited to, bomb, | ||||||
11 | bombshell,
grenade, bottle or other container containing | ||||||
12 | an explosive substance of
over one-quarter ounce for like | ||||||
13 | purposes such as black powder bombs and
Molotov cocktails | ||||||
14 | or artillery projectiles. | ||||||
15 | (ix) "Tool to defeat security mechanisms" means, but | ||||||
16 | is not limited to,
handcuff or security restraint key, | ||||||
17 | tool designed to pick locks, popper, or any device or
| ||||||
18 | instrument used to or capable of unlocking or preventing | ||||||
19 | from locking any handcuff or security restraints, doors to
| ||||||
20 | cells, rooms, gates or other areas of the penal | ||||||
21 | institution. | ||||||
22 | (x) "Cutting tool" means, but is not limited to, | ||||||
23 | hacksaw blade,
wirecutter,
or device, instrument or file | ||||||
24 | capable of cutting through metal. | ||||||
25 | (xi) "Electronic contraband" for the purposes of | ||||||
26 | Section 31A-1.1 of this Article means, but is not limited |
| |||||||
| |||||||
1 | to, any
electronic, video recording device, computer, or | ||||||
2 | cellular communications
equipment, including, but not
| ||||||
3 | limited to, cellular telephones, cellular telephone | ||||||
4 | batteries, videotape
recorders, pagers,
computers, and | ||||||
5 | computer peripheral equipment brought into or possessed in | ||||||
6 | a
penal institution without the written authorization of | ||||||
7 | the Chief Administrative
Officer. "Electronic contraband" | ||||||
8 | for the purposes of Section 31A-1.2 of this Article, | ||||||
9 | means, but is not limited to, any
electronic, video | ||||||
10 | recording device, computer, or cellular communications
| ||||||
11 | equipment, including, but not
limited to, cellular | ||||||
12 | telephones, cellular telephone batteries, videotape
| ||||||
13 | recorders, pagers,
computers, and computer peripheral | ||||||
14 | equipment. | ||||||
15 | "Penal institution" means any penitentiary, State farm,
| ||||||
16 | reformatory, prison, jail, house of correction, police | ||||||
17 | detention area,
half-way house or other institution or place | ||||||
18 | for the incarceration or
custody of persons under sentence for | ||||||
19 | offenses awaiting trial or sentence
for offenses, under arrest | ||||||
20 | for an offense, a violation of probation, a
violation of | ||||||
21 | parole, a violation of aftercare release, or a violation of | ||||||
22 | mandatory supervised release, or
awaiting a hearing on the | ||||||
23 | setting of conditions of pretrial release or preliminary | ||||||
24 | hearing; provided that where
the place for incarceration or | ||||||
25 | custody is housed within another public
building this Article | ||||||
26 | shall not apply to that part of the building unrelated
to the |
| |||||||
| |||||||
1 | incarceration or custody of persons.
| ||||||
2 | (Source: P.A. 101-652, eff. 1-1-23.) | ||||||
3 | Section 15. The Code of Criminal Procedure of 1963 is | ||||||
4 | amended by changing Sections 109-1 and 109-2 as follows:
| ||||||
5 | (725 ILCS 5/109-1) (from Ch. 38, par. 109-1)
| ||||||
6 | (Text of Section before amendment by P.A. 101-652 )
| ||||||
7 | Sec. 109-1. Person arrested.
| ||||||
8 | (a) A person arrested with or without a warrant shall be | ||||||
9 | taken without
unnecessary delay before the nearest and most | ||||||
10 | accessible judge
in that county, except when such county is a | ||||||
11 | participant in a
regional jail authority, in which event such | ||||||
12 | person may be taken to the
nearest and most accessible judge, | ||||||
13 | irrespective of the county where such
judge presides,
and a | ||||||
14 | charge shall be filed.
Whenever a person arrested either with | ||||||
15 | or without a warrant is required
to be taken
before a judge, a | ||||||
16 | charge
may be filed against such person by way of a two-way | ||||||
17 | closed circuit
television system, except that a hearing to | ||||||
18 | deny bail to the defendant may
not be conducted by way of | ||||||
19 | closed circuit television.
| ||||||
20 | (a-5) A person charged with an offense shall be allowed | ||||||
21 | counsel at the hearing at which bail is determined under | ||||||
22 | Article 110 of this Code. If the defendant desires counsel for | ||||||
23 | his or her initial appearance but is unable to obtain counsel, | ||||||
24 | the court shall appoint a public defender or licensed attorney |
| |||||||
| |||||||
1 | at law of this State to represent him or her for purposes of | ||||||
2 | that hearing. | ||||||
3 | (b) The judge shall:
| ||||||
4 | (1) Inform the defendant of the charge against him and | ||||||
5 | shall provide him
with a copy of the charge;
| ||||||
6 | (2) Advise the defendant of his right to counsel and | ||||||
7 | if indigent shall
appoint a public defender or licensed | ||||||
8 | attorney at law of this State to
represent him in | ||||||
9 | accordance with the provisions of Section 113-3 of this
| ||||||
10 | Code;
| ||||||
11 | (3) Schedule a preliminary hearing in appropriate | ||||||
12 | cases;
| ||||||
13 | (4) Admit the defendant to bail in accordance with the | ||||||
14 | provisions of
Article 110 of this Code; and
| ||||||
15 | (5) Order the confiscation of the person's passport or | ||||||
16 | impose travel restrictions on a defendant arrested for | ||||||
17 | first degree murder or other violent crime as defined in | ||||||
18 | Section 3 of the Rights of Crime Victims and Witnesses | ||||||
19 | Act, if the judge determines, based on the factors in | ||||||
20 | Section 110-5 of this Code, that this will reasonably | ||||||
21 | ensure the appearance of the defendant and compliance by | ||||||
22 | the defendant with all conditions of release. | ||||||
23 | (c) The court may issue an order of protection in | ||||||
24 | accordance with
the provisions of Article 112A of this Code.
| ||||||
25 | (d) At the initial appearance of a defendant in any | ||||||
26 | criminal proceeding, the court must advise the defendant in |
| |||||||
| |||||||
1 | open court that any foreign national who is arrested or | ||||||
2 | detained has the right to have notice of the arrest or | ||||||
3 | detention given to his or her country's consular | ||||||
4 | representatives and the right to communicate with those | ||||||
5 | consular representatives if the notice has not already been | ||||||
6 | provided. The court must make a written record of so advising | ||||||
7 | the defendant. | ||||||
8 | (e) If consular notification is not provided to a | ||||||
9 | defendant before his or her first appearance in court, the | ||||||
10 | court shall grant any reasonable request for a continuance of | ||||||
11 | the proceedings to allow contact with the defendant's | ||||||
12 | consulate. Any delay caused by the granting of the request by a | ||||||
13 | defendant shall temporarily suspend for the time of the delay | ||||||
14 | the period within which a person shall be tried as prescribed | ||||||
15 | by subsections (a), (b), or (e) of Section 103-5 of this Code | ||||||
16 | and on the day of the expiration of delay the period shall | ||||||
17 | continue at the point at which it was suspended. | ||||||
18 | (Source: P.A. 99-78, eff. 7-20-15; 99-190, eff. 1-1-16; 100-1, | ||||||
19 | eff. 1-1-18 .)
| ||||||
20 | (Text of Section after amendment by P.A. 101-652 )
| ||||||
21 | Sec. 109-1. Person arrested; release from law enforcement | ||||||
22 | custody and court appearance; geographical constraints prevent | ||||||
23 | in-person appearances.
| ||||||
24 | (a) A person arrested with or without a warrant for an | ||||||
25 | offense for which pretrial release may be denied under |
| |||||||
| |||||||
1 | paragraphs (1) through (6) of Section 110-6.1 shall be taken | ||||||
2 | without
unnecessary delay before the nearest and most | ||||||
3 | accessible judge
in that county, except when such county is a | ||||||
4 | participant in a
regional jail authority, in which event such | ||||||
5 | person may be taken to the
nearest and most accessible judge, | ||||||
6 | irrespective of the county where such
judge presides,
and a | ||||||
7 | charge shall be filed.
Whenever a person arrested either with | ||||||
8 | or without a warrant is required
to be taken
before a judge, a | ||||||
9 | charge
may be filed against such person by way of a two-way | ||||||
10 | closed circuit
television system, except that a hearing to | ||||||
11 | deny pretrial release to the defendant may
not be conducted by | ||||||
12 | way of closed circuit television.
| ||||||
13 | (a-1) A law enforcement officer shall issue a citation in | ||||||
14 | lieu of custodial arrest, upon proper identification, for a | ||||||
15 | person accused of a Class B misdemeanor offense, a Class C | ||||||
16 | misdemeanor offense, a petty offense, or a business offense. | ||||||
17 | However, this subsection does not apply if: (1) a law | ||||||
18 | enforcement officer reasonably believes the accused poses a | ||||||
19 | threat to the community or any person or that in the mind of | ||||||
20 | the law enforcement officer a custodial arrest is necessary to | ||||||
21 | discontinue the criminal behavior or breach of the peace, or | ||||||
22 | (2) a custodial arrest is necessary to address an obvious | ||||||
23 | medical or mental health issue that poses a risk to an | ||||||
24 | individual's own safety. Law enforcement shall issue a | ||||||
25 | citation in lieu of custodial arrest, upon proper | ||||||
26 | identification, for those accused of traffic and Class B and C |
| |||||||
| |||||||
1 | criminal misdemeanor offenses, or of petty and business | ||||||
2 | offenses, who pose no obvious threat to the community or any | ||||||
3 | person, or who have no obvious medical or mental health issues | ||||||
4 | that pose a risk to their own safety. Those released on | ||||||
5 | citation shall be scheduled into court within 21 days. | ||||||
6 | (a-3) A person arrested with or without a warrant for an | ||||||
7 | offense for which pretrial release may not be denied may, | ||||||
8 | except as otherwise provided in this Code, be released by the | ||||||
9 | officer without appearing before a judge. The releasing | ||||||
10 | officer shall issue the person a summons to appear within 21 | ||||||
11 | days. A presumption in favor of pretrial release shall be by | ||||||
12 | applied by an arresting officer in the exercise of his or her | ||||||
13 | discretion under this Section. | ||||||
14 | (a-5) A person charged with an offense shall be allowed | ||||||
15 | counsel at the hearing at which pretrial release is determined | ||||||
16 | under Article 110 of this Code. If the defendant desires | ||||||
17 | counsel for his or her initial appearance but is unable to | ||||||
18 | obtain counsel, the court shall appoint a public defender or | ||||||
19 | licensed attorney at law of this State to represent him or her | ||||||
20 | for purposes of that hearing. | ||||||
21 | (b) Upon initial appearance of a person before the court, | ||||||
22 | the judge shall:
| ||||||
23 | (1) inform the defendant of the charge against him and | ||||||
24 | shall provide him
with a copy of the charge;
| ||||||
25 | (2) advise the defendant of his right to counsel and | ||||||
26 | if indigent shall
appoint a public defender or licensed |
| |||||||
| |||||||
1 | attorney at law of this State to
represent him in | ||||||
2 | accordance with the provisions of Section 113-3 of this
| ||||||
3 | Code;
| ||||||
4 | (3) schedule a preliminary hearing in appropriate | ||||||
5 | cases;
| ||||||
6 | (4) admit the defendant to pretrial release in | ||||||
7 | accordance with the provisions of
Article 110 110/5 of | ||||||
8 | this Code, or upon verified petition of the State, proceed | ||||||
9 | with the setting of a detention hearing as provided in | ||||||
10 | Section 110-6.1; and
| ||||||
11 | (5) order Order the confiscation of the person's | ||||||
12 | passport or impose travel restrictions on a defendant | ||||||
13 | arrested for first degree murder or other violent crime as | ||||||
14 | defined in Section 3 of the Rights of Crime Victims and | ||||||
15 | Witnesses Act, if the judge determines, based on the | ||||||
16 | factors in Section 110-5 of this Code, that this will | ||||||
17 | reasonably ensure the appearance of the defendant and | ||||||
18 | compliance by the defendant with all conditions of | ||||||
19 | release. | ||||||
20 | (c) The court may issue an order of protection in | ||||||
21 | accordance with
the provisions of Article 112A of this Code. | ||||||
22 | Crime victims shall be given notice by the State's Attorney's | ||||||
23 | office of this hearing as required in paragraph (2) of | ||||||
24 | subsection (b) of Section 4.5 of the Rights of Crime Victims | ||||||
25 | and Witnesses Act and shall be informed of their opportunity | ||||||
26 | at this hearing to obtain an order of protection under Article |
| |||||||
| |||||||
1 | 112A of this Code.
| ||||||
2 | (d) At the initial appearance of a defendant in any | ||||||
3 | criminal proceeding, the court must advise the defendant in | ||||||
4 | open court that any foreign national who is arrested or | ||||||
5 | detained has the right to have notice of the arrest or | ||||||
6 | detention given to his or her country's consular | ||||||
7 | representatives and the right to communicate with those | ||||||
8 | consular representatives if the notice has not already been | ||||||
9 | provided. The court must make a written record of so advising | ||||||
10 | the defendant. | ||||||
11 | (e) If consular notification is not provided to a | ||||||
12 | defendant before his or her first appearance in court, the | ||||||
13 | court shall grant any reasonable request for a continuance of | ||||||
14 | the proceedings to allow contact with the defendant's | ||||||
15 | consulate. Any delay caused by the granting of the request by a | ||||||
16 | defendant shall temporarily suspend for the time of the delay | ||||||
17 | the period within which a person shall be tried as prescribed | ||||||
18 | by subsection subsections (a), (b), or (e) of Section 103-5 of | ||||||
19 | this Code and on the day of the expiration of delay the period | ||||||
20 | shall continue at the point at which it was suspended. | ||||||
21 | (f) At the hearing at which conditions of pretrial release | ||||||
22 | are determined, the person charged shall be present in person | ||||||
23 | rather than by video phone or any other form of electronic | ||||||
24 | communication, unless the physical health and safety of the | ||||||
25 | person would be endangered by appearing in court or the | ||||||
26 | accused waives the right to be present in person. |
| |||||||
| |||||||
1 | (g) Defense counsel shall be given adequate opportunity to | ||||||
2 | confer with the defendant Defendant prior to any hearing in | ||||||
3 | which conditions of release or the detention of the defendant | ||||||
4 | Defendant is to be considered, with a physical accommodation | ||||||
5 | made to facilitate attorney/client consultation. | ||||||
6 | (Source: P.A. 100-1, eff. 1-1-18; 101-652, eff. 1-1-23; | ||||||
7 | revised 11-24-21.)
| ||||||
8 | (725 ILCS 5/109-2) (from Ch. 38, par. 109-2)
| ||||||
9 | (Text of Section before amendment by P.A. 101-652 )
| ||||||
10 | Sec. 109-2. Person arrested in another county. | ||||||
11 | (a) Any person arrested in a county other than the one in | ||||||
12 | which a warrant
for his arrest was issued shall be taken | ||||||
13 | without unnecessary delay before
the nearest and most | ||||||
14 | accessible judge in the county where the arrest was
made or, if | ||||||
15 | no additional delay is created, before the nearest and most
| ||||||
16 | accessible judge in the county from which the warrant was | ||||||
17 | issued. He
shall be admitted to bail in the amount specified in | ||||||
18 | the warrant or, for
offenses other than felonies, in an amount | ||||||
19 | as set by the judge, and such
bail shall be conditioned on his | ||||||
20 | appearing in the court issuing the warrant
on a certain date. | ||||||
21 | The judge may hold a hearing to determine if the
defendant is | ||||||
22 | the same person as named in the warrant.
| ||||||
23 | (b) Notwithstanding the provisions of subsection (a), any | ||||||
24 | person
arrested in a county other than the one in which a | ||||||
25 | warrant for his arrest
was issued, may waive the right to be |
| |||||||
| |||||||
1 | taken before a judge in the county
where the arrest was made. | ||||||
2 | If a person so arrested waives such right, the
arresting | ||||||
3 | agency shall surrender such person to a law enforcement agency | ||||||
4 | of
the county that issued the warrant without unnecessary | ||||||
5 | delay. The
provisions of Section 109-1 shall then apply to the | ||||||
6 | person so arrested.
| ||||||
7 | (Source: P.A. 86-298.)
| ||||||
8 | (Text of Section after amendment by P.A. 101-652 )
| ||||||
9 | Sec. 109-2. Person arrested in another county. | ||||||
10 | (a) Any person arrested in a county other than the one in | ||||||
11 | which a warrant
for his arrest was issued shall be taken | ||||||
12 | without unnecessary delay before
the nearest and most | ||||||
13 | accessible judge in the county where the arrest was
made or, if | ||||||
14 | no additional delay is created, before the nearest and most
| ||||||
15 | accessible judge in the county from which the warrant was | ||||||
16 | issued. Upon arrival in the county in which the warrant was | ||||||
17 | issued, the status of the arrested person's release status | ||||||
18 | shall be determined by the release revocation process | ||||||
19 | described in Section 110-6. The judge may hold a hearing to | ||||||
20 | determine if the
defendant is the same person as named in the | ||||||
21 | warrant.
| ||||||
22 | (b) Notwithstanding the provisions of subsection (a), any | ||||||
23 | person
arrested in a county other than the one in which a | ||||||
24 | warrant for his arrest
was issued, may waive the right to be | ||||||
25 | taken before a judge in the county
where the arrest was made. |
| |||||||
| |||||||
1 | If a person so arrested waives such right, the
arresting | ||||||
2 | agency shall surrender such person to a law enforcement agency | ||||||
3 | of
the county that issued the warrant without unnecessary | ||||||
4 | delay. The
provisions of Section 109-1 shall then apply to the | ||||||
5 | person so arrested.
| ||||||
6 | (c) (Blank). If a defendant is charged with a felony | ||||||
7 | offense, but has a warrant in another county, the defendant | ||||||
8 | shall be taken to the county that issued the warrant within 72 | ||||||
9 | hours of the completion of condition or detention hearing, so | ||||||
10 | that release or detention status can be resolved. This | ||||||
11 | provision shall not apply to warrants issued outside of | ||||||
12 | Illinois. | ||||||
13 | (Source: P.A. 101-652, eff. 1-1-23.)
| ||||||
14 | Section 20. The Unified Code of Corrections is amended by | ||||||
15 | changing Section 5-8A-4.1 as follows:
| ||||||
16 | (730 ILCS 5/5-8A-4.1)
| ||||||
17 | Sec. 5-8A-4.1. Escape; failure to comply with a condition | ||||||
18 | of the
electronic monitoring or home detention program. | ||||||
19 | (a) A person charged with or convicted of a felony,
or | ||||||
20 | charged with or adjudicated delinquent for an act which, if | ||||||
21 | committed by an adult, would constitute a felony, | ||||||
22 | conditionally released from the supervising authority through | ||||||
23 | an electronic
monitoring or home detention program, who | ||||||
24 | knowingly violates a condition of the
electronic
monitoring or |
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | home detention program and remains in violation for at least | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | 48 hours is guilty of a Class 3 felony.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | (b) A person charged with or convicted of a misdemeanor,
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | or charged with or adjudicated delinquent for an act which, if | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | committed by an adult, would constitute a misdemeanor, | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | conditionally released from the supervising authority through | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | an electronic
monitoring or home detention program, who | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | knowingly violates a condition of the
electronic
monitoring or | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | home detention program and remains in violation for at least | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | 48 hours is guilty of a Class B misdemeanor.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | (c) A person who violates this Section while armed with a | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | dangerous weapon
is guilty of a Class 1 felony.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | (Source: P.A. 100-431, eff. 8-25-17; 101-652, eff. 7-1-21 .)
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | Section 95. No acceleration or delay. Where this Act makes | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | changes in a statute that is represented in this Act by text | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | that is not yet or no longer in effect (for example, a Section | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | represented by multiple versions), the use of that text does | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | not accelerate or delay the taking effect of (i) the changes | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | made by this Act or (ii) provisions derived from any other | ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
20 | Public Act.
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||