103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB2337

 

Introduced 2/14/2023, by Rep. John M. Cabello

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Restores the statutes to the form in which they existed before their amendment by Public Acts 101-652, 102-28, and 102-1104, with certain exceptions. Amends the Criminal Code of 2012 concerning aggravating factors for which the death penalty may be imposed. Amends the Code of Criminal Procedure of 1963. Eliminates a provision that abolishes the sentence of death. Transfers unobligated and unexpended moneys remaining in the Death Penalty Abolition Fund into the reestablished Capital Litigation Trust Fund. Enacts the Capital Crimes Litigation Act of 2023 and amends the State Appellate Defender Act to add provisions concerning the restoration of the death penalty. Amends the Downstate Police and Downstate Firefighter Articles of the Illinois Pension Code. Removes Tier 2 limitations on the amount of salary for annuity purposes; provides that the automatic annual increases to a retirement pension or survivor pension are calculated under the Tier 1 formulas; and provides that the amount of and eligibility for a retirement annuity are calculated under the Tier 1 provisions. Provides that the changes that provide benefit increases for firefighters and police officers apply without regard to whether the firefighter or police officer was in service on or after the effective date of the amendatory Act. Makes other and conforming changes. Amends the State Mandates Act to require implementation without reimbursement. Amends the Illinois Municipal Code. Provides that a municipality that provides health insurance to police officers and firefighters shall maintain their health insurance plans after retirement and shall pay the cost of the health insurance premiums for each retiree who has completed 20 years of service. Makes other changes. Effective immediately.


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STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning public safety.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4
Article 1.

 
5    (5 ILCS 845/Act rep.)
6    Section 1-1. The Statewide Use of Force Standardization
7Act is repealed.
 
8    (730 ILCS 205/Act rep.)
9    Section 1-5. The No Representation Without Population Act
10is repealed.
 
11    (730 ILCS 210/Act rep.)
12    Section 1-10. The Reporting of Deaths in Custody Act is
13repealed.
 
14    (5 ILCS 70/1.43 rep.)
15    Section 1-20. The Statute on Statutes is amended by
16repealing Section 1.43.
 
17    (5 ILCS 100/5-45.35 rep.)
18    Section 1-22. The Illinois Administrative Procedure Act is
19amended by repealing Section 5-45.35 as added by Public Act

 

 

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1102-1104.
 
2    Section 1-25. The Freedom of Information Act is amended by
3changing Section 2.15 as follows:
 
4    (5 ILCS 140/2.15)
5    Sec. 2.15. Arrest reports and criminal history records.
6    (a) Arrest reports. The following chronologically
7maintained arrest and criminal history information maintained
8by State or local criminal justice agencies shall be furnished
9as soon as practical, but in no event later than 72 hours after
10the arrest, notwithstanding the time limits otherwise provided
11for in Section 3 of this Act: (i) information that identifies
12the individual, including the name, age, address, and
13photograph, when and if available; (ii) information detailing
14any charges relating to the arrest; (iii) the time and
15location of the arrest; (iv) the name of the investigating or
16arresting law enforcement agency; (v) if the individual is
17incarcerated, the amount of any bail or bond (blank); and (vi)
18if the individual is incarcerated, the time and date that the
19individual was received into, discharged from, or transferred
20from the arresting agency's custody.
21    (b) Criminal history records. The following documents
22maintained by a public body pertaining to criminal history
23record information are public records subject to inspection
24and copying by the public pursuant to this Act: (i) court

 

 

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

 

 

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1networking website" has the meaning provided in Section 10 of
2the Right to Privacy in the Workplace Act.
3(Source: P.A. 101-433, eff. 8-20-19; 101-652, eff. 1-1-23;
4102-1104, eff. 1-1-23.)
 
5    Section 1-30. The State Records Act is amended by changing
6Section 4a as follows:
 
7    (5 ILCS 160/4a)
8    Sec. 4a. Arrest records and reports.
9    (a) When an individual is arrested, the following
10information must be made available to the news media for
11inspection and copying:
12        (1) Information that identifies the individual,
13    including the name, age, address, and photograph, when and
14    if available.
15        (2) Information detailing any charges relating to the
16    arrest.
17        (3) The time and location of the arrest.
18        (4) The name of the investigating or arresting law
19    enforcement agency.
20        (5) If the individual is incarcerated, the amount of
21    any bail or bond (Blank).
22        (6) If the individual is incarcerated, the time and
23    date that the individual was received, discharged, or
24    transferred from the arresting agency's custody.

 

 

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

 

 

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1record.
2    (e) The provisions of this Section do not supersede the
3confidentiality provisions for arrest records of the Juvenile
4Court Act of 1987.
5    (f) All information, including photographs, made available
6under this Section is subject to the provisions of Section
72QQQ of the Consumer Fraud and Deceptive Business Practices
8Act.
9    (g) Notwithstanding the requirements of subsection (a), a
10law enforcement agency may not publish booking photographs,
11commonly known as "mugshots", on its social networking website
12in connection with civil offenses, petty offenses, business
13offenses, Class C misdemeanors, and Class B misdemeanors
14unless the booking photograph is posted to the social
15networking website to assist in the search for a missing
16person or to assist in the search for a fugitive, person of
17interest, or individual wanted in relation to a crime other
18than a petty offense, business offense, Class C misdemeanor,
19or Class B misdemeanor. As used in this subsection, "social
20networking website" has the meaning provided in Section 10 of
21the Right to Privacy in the Workplace Act.
22(Source: P.A. 101-433, eff. 8-20-19; 101-652, eff. 1-1-23;
23102-1104, eff. 1-1-23.)
 
24    Section 1-35. The Illinois Public Labor Relations Act is
25amended by changing Section 14 as follows:
 

 

 

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1    (5 ILCS 315/14)  (from Ch. 48, par. 1614)
2    Sec. 14. Security employee, peace officer and fire fighter
3disputes.
4    (a) In the case of collective bargaining agreements
5involving units of security employees of a public employer,
6Peace Officer Units, or units of fire fighters or paramedics,
7and in the case of disputes under Section 18, unless the
8parties mutually agree to some other time limit, mediation
9shall commence 30 days prior to the expiration date of such
10agreement or at such later time as the mediation services
11chosen under subsection (b) of Section 12 can be provided to
12the parties. In the case of negotiations for an initial
13collective bargaining agreement, mediation shall commence upon
1415 days notice from either party or at such later time as the
15mediation services chosen pursuant to subsection (b) of
16Section 12 can be provided to the parties. In mediation under
17this Section, if either party requests the use of mediation
18services from the Federal Mediation and Conciliation Service,
19the other party shall either join in such request or bear the
20additional cost of mediation services from another source. The
21mediator shall have a duty to keep the Board informed on the
22progress of the mediation. If any dispute has not been
23resolved within 15 days after the first meeting of the parties
24and the mediator, or within such other time limit as may be
25mutually agreed upon by the parties, either the exclusive

 

 

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1representative or employer may request of the other, in
2writing, arbitration, and shall submit a copy of the request
3to the Board.
4    (b) Within 10 days after such a request for arbitration
5has been made, the employer shall choose a delegate and the
6employees' exclusive representative shall choose a delegate to
7a panel of arbitration as provided in this Section. The
8employer and employees shall forthwith advise the other and
9the Board of their selections.
10    (c) Within 7 days after the request of either party, the
11parties shall request a panel of impartial arbitrators from
12which they shall select the neutral chairman according to the
13procedures provided in this Section. If the parties have
14agreed to a contract that contains a grievance resolution
15procedure as provided in Section 8, the chairman shall be
16selected using their agreed contract procedure unless they
17mutually agree to another procedure. If the parties fail to
18notify the Board of their selection of neutral chairman within
197 days after receipt of the list of impartial arbitrators, the
20Board shall appoint, at random, a neutral chairman from the
21list. In the absence of an agreed contract procedure for
22selecting an impartial arbitrator, either party may request a
23panel from the Board. Within 7 days of the request of either
24party, the Board shall select from the Public Employees Labor
25Mediation Roster 7 persons who are on the labor arbitration
26panels of either the American Arbitration Association or the

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1        communities.
2        (5) The average consumer prices for goods and
3    services, commonly known as the cost of living.
4        (6) The overall compensation presently received by the
5    employees, including direct wage compensation, vacations,
6    holidays and other excused time, insurance and pensions,
7    medical and hospitalization benefits, the continuity and
8    stability of employment and all other benefits received.
9        (7) Changes in any of the foregoing circumstances
10    during the pendency of the arbitration proceedings.
11        (8) Such other factors, not confined to the foregoing,
12    which are normally or traditionally taken into
13    consideration in the determination of wages, hours and
14    conditions of employment through voluntary collective
15    bargaining, mediation, fact-finding, arbitration or
16    otherwise between the parties, in the public service or in
17    private employment.
18    (i) In the case of peace officers, the arbitration
19decision shall be limited to wages, hours, and conditions of
20employment (which may include residency requirements in
21municipalities with a population under 1,000,000, 100,000, but
22those residency requirements shall not allow residency outside
23of Illinois) and shall not include the following: i) residency
24requirements in municipalities with a population of at least
251,000,000 100,000; ii) the type of equipment, other than
26uniforms, issued or used; iii) manning; iv) the total number

 

 

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

 

 

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1including deadly force, can be used; provided, however,
2nothing herein shall preclude an arbitration decision
3regarding equipment levels if such decision is based on a
4finding that the equipment considerations in a specific work
5assignment involve a serious risk to the safety of a fire
6fighter beyond that which is inherent in the normal
7performance of fire fighter duties. Limitation of the terms of
8the arbitration decision pursuant to this subsection shall not
9be construed to limit the facts upon which the decision may be
10based, as set forth in subsection (h).
11    The changes to this subsection (i) made by Public Act
1290-385 (relating to residency requirements) do not apply to
13persons who are employed by a combined department that
14performs both police and firefighting services; these persons
15shall be governed by the provisions of this subsection (i)
16relating to peace officers, as they existed before the
17amendment by Public Act 90-385.
18    To preserve historical bargaining rights, this subsection
19shall not apply to any provision of a fire fighter collective
20bargaining agreement in effect and applicable on the effective
21date of this Act; provided, however, nothing herein shall
22preclude arbitration with respect to any such provision.
23    (j) Arbitration procedures shall be deemed to be initiated
24by the filing of a letter requesting mediation as required
25under subsection (a) of this Section. The commencement of a
26new municipal fiscal year after the initiation of arbitration

 

 

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1procedures under this Act, but before the arbitration
2decision, or its enforcement, shall not be deemed to render a
3dispute moot, or to otherwise impair the jurisdiction or
4authority of the arbitration panel or its decision. Increases
5in rates of compensation awarded by the arbitration panel may
6be effective only at the start of the fiscal year next
7commencing after the date of the arbitration award. If a new
8fiscal year has commenced either since the initiation of
9arbitration procedures under this Act or since any mutually
10agreed extension of the statutorily required period of
11mediation under this Act by the parties to the labor dispute
12causing a delay in the initiation of arbitration, the
13foregoing limitations shall be inapplicable, and such awarded
14increases may be retroactive to the commencement of the fiscal
15year, any other statute or charter provisions to the contrary,
16notwithstanding. At any time the parties, by stipulation, may
17amend or modify an award of arbitration.
18    (k) Orders of the arbitration panel shall be reviewable,
19upon appropriate petition by either the public employer or the
20exclusive bargaining representative, by the circuit court for
21the county in which the dispute arose or in which a majority of
22the affected employees reside, but only for reasons that the
23arbitration panel was without or exceeded its statutory
24authority; the order is arbitrary, or capricious; or the order
25was procured by fraud, collusion or other similar and unlawful
26means. Such petitions for review must be filed with the

 

 

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1appropriate circuit court within 90 days following the
2issuance of the arbitration order. The pendency of such
3proceeding for review shall not automatically stay the order
4of the arbitration panel. The party against whom the final
5decision of any such court shall be adverse, if such court
6finds such appeal or petition to be frivolous, shall pay
7reasonable attorneys' fees and costs to the successful party
8as determined by said court in its discretion. If said court's
9decision affirms the award of money, such award, if
10retroactive, shall bear interest at the rate of 12 percent per
11annum from the effective retroactive date.
12    (l) During the pendency of proceedings before the
13arbitration panel, existing wages, hours, and other conditions
14of employment shall not be changed by action of either party
15without the consent of the other but a party may so consent
16without prejudice to his rights or position under this Act.
17The proceedings are deemed to be pending before the
18arbitration panel upon the initiation of arbitration
19procedures under this Act.
20    (m) Security officers of public employers, and Peace
21Officers, Fire Fighters and fire department and fire
22protection district paramedics, covered by this Section may
23not withhold services, nor may public employers lock out or
24prevent such employees from performing services at any time.
25    (n) All of the terms decided upon by the arbitration panel
26shall be included in an agreement to be submitted to the public

 

 

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

 

 

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1    (o) If the governing body of the employer votes to reject
2the panel's decision, the parties shall return to the panel
3within 30 days from the issuance of the reasons for rejection
4for further proceedings and issuance of a supplemental
5decision. All reasonable costs of such supplemental proceeding
6including the exclusive representative's reasonable attorney's
7fees, as established by the Board, shall be paid by the
8employer.
9    (p) Notwithstanding the provisions of this Section the
10employer and exclusive representative may agree to submit
11unresolved disputes concerning wages, hours, terms and
12conditions of employment to an alternative form of impasse
13resolution.
14    The amendatory changes to this Section made by Public Act
15101-652 take effect July 1, 2022.
16(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)
 
17    Section 1-40. The Community-Law Enforcement and Other
18First Responder Partnership for Deflection and Substance Use
19Disorder Treatment Act is amended by changing Sections 1, 5,
2010, 15, 20, 30, and 35 as follows:
 
21    (5 ILCS 820/1)
22    Sec. 1. Short title. This Act may be cited as the
23Community-Law Enforcement and Other First Responder
24Partnership for Deflection and Substance Use Disorder

 

 

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1Treatment Act.
2(Source: P.A. 100-1025, eff. 1-1-19; 101-652, eff. 7-1-21.)
 
3    (5 ILCS 820/5)
4    Sec. 5. Purposes. The General Assembly hereby acknowledges
5that opioid use disorders, overdoses, and deaths in Illinois
6are persistent and growing concerns for Illinois communities.
7These concerns compound existing challenges to adequately
8address and manage substance use and mental health disorders.
9Law enforcement officers, other first responders, and
10co-responders have a unique opportunity to facilitate
11connections to community-based behavioral health interventions
12that provide substance use treatment and can help save and
13restore lives; help reduce drug use, overdose incidence,
14criminal offending, and recidivism; and help prevent arrest
15and conviction records that destabilize health, families, and
16opportunities for community citizenship and self-sufficiency.
17These efforts are bolstered when pursued in partnership with
18licensed behavioral health treatment providers and community
19members or organizations. It is the intent of the General
20Assembly to authorize law enforcement and other first
21responders to develop and implement collaborative deflection
22programs in Illinois that offer immediate pathways to
23substance use treatment and other services as an alternative
24to traditional case processing and involvement in the criminal
25justice system, and to unnecessary admission to emergency

 

 

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1departments.
2(Source: P.A. 100-1025, eff. 1-1-19; 101-652, eff. 7-1-21.)
 
3    (5 ILCS 820/10)
4    Sec. 10. Definitions. In this Act:
5    "Case management" means those services which will assist
6persons in gaining access to needed social, educational,
7medical, substance use and mental health treatment, and other
8services.
9    "Community member or organization" means an individual
10volunteer, resident, public office, or a not-for-profit
11organization, religious institution, charitable organization,
12or other public body committed to the improvement of
13individual and family mental and physical well-being and the
14overall social welfare of the community, and may include
15persons with lived experience in recovery from substance use
16disorder, either themselves or as family members.
17    "Other first responder" means and includes emergency
18medical services providers that are public units of
19government, fire departments and districts, and officials and
20responders representing and employed by these entities.
21    "Deflection program" means a program in which a peace
22officer or member of a law enforcement agency or other first
23responder facilitates contact between an individual and a
24licensed substance use treatment provider or clinician for
25assessment and coordination of treatment planning, including

 

 

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1co-responder approaches that incorporate behavioral health,
2peer, or social work professionals with law enforcement or
3other first responders at the scene. This facilitation
4includes defined criteria for eligibility and communication
5protocols agreed to by the law enforcement agency or other
6first responder entity and the licensed treatment provider for
7the purpose of providing substance use treatment to those
8persons in lieu of arrest or further justice system
9involvement, or unnecessary admissions to the emergency
10department. Deflection programs may include, but are not
11limited to, the following types of responses:
12        (1) a post-overdose deflection response initiated by a
13    peace officer or law enforcement agency subsequent to
14    emergency administration of medication to reverse an
15    overdose, or in cases of severe substance use disorder
16    with acute risk for overdose;
17        (2) a self-referral deflection response initiated by
18    an individual by contacting a peace officer or law
19    enforcement agency or other first responder in the
20    acknowledgment of their substance use or disorder;
21        (3) an active outreach deflection response initiated
22    by a peace officer or law enforcement agency or other
23    first responder as a result of proactive identification of
24    persons thought likely to have a substance use disorder;
25        (4) an officer or other first responder prevention
26    deflection response initiated by a peace officer or law

 

 

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1    enforcement agency in response to a community call when no
2    criminal charges are present; and
3        (5) an officer intervention deflection response when
4    criminal charges are present but held in abeyance pending
5    engagement with treatment.
6    "Law enforcement agency" means a municipal police
7department or county sheriff's office of this State, the
8Illinois State Police, or other law enforcement agency whose
9officers, by statute, are granted and authorized to exercise
10powers similar to those conferred upon any peace officer
11employed by a law enforcement agency of this State.
12    "Licensed treatment provider" means an organization
13licensed by the Department of Human Services to perform an
14activity or service, or a coordinated range of those
15activities or services, as the Department of Human Services
16may establish by rule, such as the broad range of emergency,
17outpatient, intensive outpatient, and residential services and
18care, including assessment, diagnosis, case management,
19medical, psychiatric, psychological and social services,
20medication-assisted treatment, care and counseling, and
21recovery support, which may be extended to persons to assess
22or treat substance use disorder or to families of those
23persons.
24    "Peace officer" means any peace officer or member of any
25duly organized State, county, or municipal peace officer unit,
26any police force of another State, or any police force whose

 

 

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1members, by statute, are granted and authorized to exercise
2powers similar to those conferred upon any peace officer
3employed by a law enforcement agency of this State.
4    "Substance use disorder" means a pattern of use of alcohol
5or other drugs leading to clinical or functional impairment,
6in accordance with the definition in the Diagnostic and
7Statistical Manual of Mental Disorders (DSM-5), or in any
8subsequent editions.
9    "Treatment" means the broad range of emergency,
10outpatient, intensive outpatient, and residential services and
11care (including assessment, diagnosis, case management,
12medical, psychiatric, psychological and social services,
13medication-assisted treatment, care and counseling, and
14recovery support) which may be extended to persons who have
15substance use disorders, persons with mental illness, or
16families of those persons.
17(Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21;
18102-813, eff. 5-13-22.)
 
19    (5 ILCS 820/15)
20    Sec. 15. Authorization.
21    (a) Any law enforcement agency or other first responder
22entity may establish a deflection program subject to the
23provisions of this Act in partnership with one or more
24licensed providers of substance use disorder treatment
25services and one or more community members or organizations.

 

 

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1Programs established by another first responder entity shall
2also include a law enforcement agency.
3    (b) The deflection program may involve a post-overdose
4deflection response, a self-referral deflection response, an
5active outreach deflection response, an officer or other first
6responder prevention deflection response, or an officer
7intervention deflection response, or any combination of those.
8    (c) Nothing shall preclude the General Assembly from
9adding other responses to a deflection program, or preclude a
10law enforcement agency or other first responder entity from
11developing a deflection program response based on a model
12unique and responsive to local issues, substance use or mental
13health needs, and partnerships, using sound and promising or
14evidence-based practices.
15    (c-5) Whenever appropriate and available, case management
16should be provided by a licensed treatment provider or other
17appropriate provider and may include peer recovery support
18approaches.
19    (d) To receive funding for activities as described in
20Section 35 of this Act, planning for the deflection program
21shall include:
22        (1) the involvement of one or more licensed treatment
23    programs and one or more community members or
24    organizations; and
25        (2) an agreement with the Illinois Criminal Justice
26    Information Authority to collect and evaluate relevant

 

 

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1    statistical data related to the program, as established by
2    the Illinois Criminal Justice Information Authority in
3    paragraph (2) of subsection (a) of Section 25 of this Act.
4        (3) an agreement with participating licensed treatment
5    providers authorizing the release of statistical data to
6    the Illinois Criminal Justice Information Authority, in
7    compliance with State and Federal law, as established by
8    the Illinois Criminal Justice Information Authority in
9    paragraph (2) of subsection (a) of Section 25 of this Act.
10(Source: P.A. 100-1025, eff. 1-1-19; 101-81, eff. 7-12-19;
11101-652, eff. 7-1-21.)
 
12    (5 ILCS 820/20)
13    Sec. 20. Procedure. The law enforcement agency or other
14first responder entity, licensed treatment providers, and
15community members or organizations shall establish a local
16deflection program plan that includes protocols and procedures
17for participant identification, screening or assessment,
18treatment facilitation, reporting, and ongoing involvement of
19the law enforcement agency. Licensed substance use disorder
20treatment organizations shall adhere to 42 CFR Part 2
21regarding confidentiality regulations for information exchange
22or release. Substance use disorder treatment services shall
23adhere to all regulations specified in Department of Human
24Services Administrative Rules, Parts 2060 and 2090.
25(Source: P.A. 100-1025, eff. 1-1-19; 101-652, eff. 7-1-21.)
 

 

 

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1    (5 ILCS 820/30)
2    Sec. 30. Exemption from civil liability. The law
3enforcement agency or peace officer or other first responder
4acting in good faith shall not, as the result of acts or
5omissions in providing services under Section 15 of this Act,
6be liable for civil damages, unless the acts or omissions
7constitute willful and wanton misconduct.
8(Source: P.A. 100-1025, eff. 1-1-19; 101-652, eff. 7-1-21.)
 
9    (5 ILCS 820/35)
10    Sec. 35. Funding.
11    (a) The General Assembly may appropriate funds to the
12Illinois Criminal Justice Information Authority for the
13purpose of funding law enforcement agencies or other first
14responder entities for services provided by deflection program
15partners as part of deflection programs subject to subsection
16(d) of Section 15 of this Act.
17    (a.1) Up to 10 percent of appropriated funds may be
18expended on activities related to knowledge dissemination,
19training, technical assistance, or other similar activities
20intended to increase practitioner and public awareness of
21deflection and/or to support its implementation. The Illinois
22Criminal Justice Information Authority may adopt guidelines
23and requirements to direct the distribution of funds for these
24activities.

 

 

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

 

 

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1    include the perspectives of persons with the experience of
2    recovering from a substance use disorder, either
3    themselves or as family members;
4        (4) transportation to a licensed treatment provider or
5    other program partner location; and
6        (5) program evaluation activities. ;
7        (6) naloxone and related supplies necessary for
8    carrying out overdose reversal for purposes of
9    distribution to program participants or for use by law
10    enforcement or other first responders; and
11        (7) treatment necessary to prevent gaps in service
12    delivery between linkage and coverage by other funding
13    sources when otherwise non-reimbursable.
14    (c) Specific linkage agreements with recovery support
15services or self-help entities may be a requirement of the
16program services protocols. All deflection programs shall
17encourage the involvement of key family members and
18significant others as a part of a family-based approach to
19treatment. All deflection programs are encouraged to use
20evidence-based practices and outcome measures in the provision
21of substance use disorder treatment and medication-assisted
22treatment for persons with opioid use disorders.
23(Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 7-1-21;
24102-813, eff. 5-13-22.)
 
25    (5 ILCS 820/21 rep.)

 

 

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1    Section 1-45. The Community-Law Enforcement Partnership
2for Deflection and Substance Use Disorder Treatment Act is
3amended by repealing Section 21.
 
4    (15 ILCS 205/10 rep.)
5    Section 1-50. The Attorney General Act is amended by
6repealing Section 10.
 
7    Section 1-55. The Department of State Police Law of the
8Civil Administrative Code of Illinois is amended by changing
9Section 2605-302 as follows:
 
10    (20 ILCS 2605/2605-302)  (was 20 ILCS 2605/55a in part)
11    Sec. 2605-302. Arrest reports.
12    (a) When an individual is arrested, the following
13information must be made available to the news media for
14inspection and copying:
15        (1) Information that identifies the individual,
16    including the name, age, address, and photograph, when and
17    if available.
18        (2) Information detailing any charges relating to the
19    arrest.
20        (3) The time and location of the arrest.
21        (4) The name of the investigating or arresting law
22    enforcement agency.
23        (5) If the individual is incarcerated, the amount of

 

 

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1    any bail or bond (Blank).
2        (6) If the individual is incarcerated, the time and
3    date that the individual was received, discharged, or
4    transferred from the arresting agency's custody.
5    (b) The information required by this Section must be made
6available to the news media for inspection and copying as soon
7as practicable, but in no event shall the time period exceed 72
8hours from the arrest. The information described in items (3),
9(4), (5), and (6) of subsection (a), however, may be withheld
10if it is determined that disclosure would (i) interfere with
11pending or actually and reasonably contemplated law
12enforcement proceedings conducted by any law enforcement or
13correctional agency; (ii) endanger the life or physical safety
14of law enforcement or correctional personnel or any other
15person; or (iii) compromise the security of any correctional
16facility.
17    (c) For the purposes of this Section, the term "news
18media" means personnel of a newspaper or other periodical
19issued at regular intervals whether in print or electronic
20format, a news service whether in print or electronic format,
21a radio station, a television station, a television network, a
22community antenna television service, or a person or
23corporation engaged in making news reels or other motion
24picture news for public showing.
25    (d) Each law enforcement or correctional agency may charge
26fees for arrest records, but in no instance may the fee exceed

 

 

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1the actual cost of copying and reproduction. The fees may not
2include the cost of the labor used to reproduce the arrest
3record.
4    (e) The provisions of this Section do not supersede the
5confidentiality provisions for arrest records of the Juvenile
6Court Act of 1987.
7(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
 
8    Section 1-60. The State Police Act is amended by changing
9Section 14 as follows:
 
10    (20 ILCS 2610/14)  (from Ch. 121, par. 307.14)
11    Sec. 14. Except as is otherwise provided in this Act, no
12Illinois State Police officer shall be removed, demoted, or
13suspended except for cause, upon written charges filed with
14the Board by the Director and a hearing before the Board
15thereon upon not less than 10 days' notice at a place to be
16designated by the chairman thereof. At such hearing, the
17accused shall be afforded full opportunity to be heard in his
18or her own defense and to produce proof in his or her defense.
19Anyone It shall not be a requirement of a person filing a
20complaint against a State Police officer must to have the a
21complaint supported by a sworn affidavit. Any such complaint,
22having been supported by a sworn affidavit, and having been
23found, in total or in part, to contain false information,
24shall be presented to the appropriate State's Attorney for a

 

 

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1determination of prosecution or any other legal documentation.
2This ban on an affidavit requirement shall apply to any
3collective bargaining agreements entered after the effective
4date of this provision.
5    Before any such officer may be interrogated or examined by
6or before the Board, or by an Illinois State Police agent or
7investigator specifically assigned to conduct an internal
8investigation, the results of which hearing, interrogation, or
9examination may be the basis for filing charges seeking his or
10her suspension for more than 15 days or his or her removal or
11discharge, he or she shall be advised in writing as to what
12specific improper or illegal act he or she is alleged to have
13committed; he or she shall be advised in writing that his or
14her admissions made in the course of the hearing,
15interrogation, or examination may be used as the basis for
16charges seeking his or her suspension, removal, or discharge;
17and he or she shall be advised in writing that he or she has a
18right to counsel of his or her choosing, who may be present to
19advise him or her at any hearing, interrogation, or
20examination. A complete record of any hearing, interrogation,
21or examination shall be made, and a complete transcript or
22electronic recording thereof shall be made available to such
23officer without charge and without delay.
24    The Board shall have the power to secure by its subpoena
25both the attendance and testimony of witnesses and the
26production of books and papers in support of the charges and

 

 

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1for the defense. Each member of the Board or a designated
2hearing officer shall have the power to administer oaths or
3affirmations. If the charges against an accused are
4established by a preponderance of evidence, the Board shall
5make a finding of guilty and order either removal, demotion,
6suspension for a period of not more than 180 days, or such
7other disciplinary punishment as may be prescribed by the
8rules and regulations of the Board which, in the opinion of the
9members thereof, the offense merits. Thereupon the Director
10shall direct such removal or other punishment as ordered by
11the Board and if the accused refuses to abide by any such
12disciplinary order, the Director shall remove him or her
13forthwith.
14    If the accused is found not guilty or has served a period
15of suspension greater than prescribed by the Board, the Board
16shall order that the officer receive compensation for the
17period involved. The award of compensation shall include
18interest at the rate of 7% per annum.
19    The Board may include in its order appropriate sanctions
20based upon the Board's rules and regulations. If the Board
21finds that a party has made allegations or denials without
22reasonable cause or has engaged in frivolous litigation for
23the purpose of delay or needless increase in the cost of
24litigation, it may order that party to pay the other party's
25reasonable expenses, including costs and reasonable attorney's
26fees. The State of Illinois and the Illinois State Police

 

 

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1shall be subject to these sanctions in the same manner as other
2parties.
3    In case of the neglect or refusal of any person to obey a
4subpoena issued by the Board, any circuit court, upon
5application of any member of the Board, may order such person
6to appear before the Board and give testimony or produce
7evidence, and any failure to obey such order is punishable by
8the court as a contempt thereof.
9    The provisions of the Administrative Review Law, and all
10amendments and modifications thereof, and the rules adopted
11pursuant thereto, shall apply to and govern all proceedings
12for the judicial review of any order of the Board rendered
13pursuant to the provisions of this Section.
14    Notwithstanding the provisions of this Section, a policy
15making officer, as defined in the Employee Rights Violation
16Act, of the Illinois State Police shall be discharged from the
17Illinois State Police as provided in the Employee Rights
18Violation Act, enacted by the 85th General Assembly.
19(Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21;
20102-813, eff. 5-13-22.)
 
21    (20 ILCS 2610/17c rep.)
22    Section 1-65. The State Police Act is amended by repealing
23Section 17c.
 
24    (20 ILCS 3930/7.7 rep.)

 

 

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1    (20 ILCS 3930/7.8 rep.)
2    Section 1-70. The Illinois Criminal Justice Information
3Act is amended by repealing Sections 7.7 and 7.8.
 
4    (30 ILCS 105/5.990 rep.)
5    Section 1-72. The State Finance Act is amended by
6repealing Section 5.990 as added by Public Act 102-1104.
 
7    (50 ILCS 105/4.1 rep.)
8    Section 1-75. The Public Officer Prohibited Activities Act
9is amended by repealing Section 4.1.
 
10    Section 1-80. The Local Records Act is amended by changing
11Section 3b as follows:
 
12    (50 ILCS 205/3b)
13    Sec. 3b. Arrest records and reports.
14    (a) When an individual is arrested, the following
15information must be made available to the news media for
16inspection and copying:
17        (1) Information that identifies the individual,
18    including the name, age, address, and photograph, when and
19    if available.
20        (2) Information detailing any charges relating to the
21    arrest.
22        (3) The time and location of the arrest.

 

 

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

 

 

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1community antenna television service, or a person or
2corporation engaged in making news reels or other motion
3picture news for public showing.
4    (d) Each law enforcement or correctional agency may charge
5fees for arrest records, but in no instance may the fee exceed
6the actual cost of copying and reproduction. The fees may not
7include the cost of the labor used to reproduce the arrest
8record.
9    (e) The provisions of this Section do not supersede the
10confidentiality provisions for arrest records of the Juvenile
11Court Act of 1987.
12    (f) All information, including photographs, made available
13under this Section is subject to the provisions of Section
142QQQ of the Consumer Fraud and Deceptive Business Practices
15Act.
16(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
 
17    (50 ILCS 205/25 rep.)
18    Section 1-85. The Local Records Act is amended by
19repealing Section 25.
 
20    Section 1-90. The Illinois Police Training Act is amended
21by changing Sections 6.2, 7, and 10.17 as follows:
 
22    (50 ILCS 705/6.2)
23    Sec. 6.2. Officer professional conduct database. In order

 

 

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1to ensure the continuing effectiveness of this Section, it is
2set forth in full and reenacted by this amendatory Act of the
3102nd General Assembly. This reenactment is intended as a
4continuation of this Section. This reenactment is not intended
5to supersede any amendment to this Section that may be made by
6any other Public Act of the 102nd General Assembly.
7    (a) All law enforcement agencies shall notify the Board of
8any final determination of willful violation of department or
9agency policy, official misconduct, or violation of law when:
10        (1) the officer is discharged or dismissed as a result
11    of the violation; or
12        (2) the officer resigns during the course of an
13    investigation and after the officer has been served notice
14    that he or she is under investigation that is based on the
15    commission of a Class 2 or greater any felony or sex
16    offense.
17    The agency shall report to the Board within 30 days of a
18final decision of discharge or dismissal and final exhaustion
19of any appeal, or resignation, and shall provide information
20regarding the nature of the violation.
21    (b) Upon receiving notification from a law enforcement
22agency, the Board must notify the law enforcement officer of
23the report and his or her right to provide a statement
24regarding the reported violation.
25    (c) The Board shall maintain a database readily available
26to any chief administrative officer, or his or her designee,

 

 

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1of a law enforcement agency or any State's Attorney that shall
2show each reported instance, including the name of the
3officer, the nature of the violation, reason for the final
4decision of discharge or dismissal, and any statement provided
5by the officer.
6(Source: P.A. 101-652, eff. 7-1-21. Repealed by P.A. 101-652,
7Article 25, Section 25-45, eff. 1-1-22; 102-694, eff. 1-7-22.
8Reenacted and changed by 102-694, eff. 1-7-22.)
 
9    (50 ILCS 705/7)
10    (Text of Section before amendment by P.A. 102-982)
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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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    Notwithstanding any provision of law to the contrary, the
10changes made to this Section by this amendatory Act of the
11102nd General Assembly, Public Act 101-652, and Public Act
12102-28, and Public Act 102-694 take effect July 1, 2022.
13(Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19;
14101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff.
158-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section
1610-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff.
171-1-22; 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; 102-558,
18eff. 8-20-21; 102-694, eff. 1-7-22; revised 8-11-22.)
 
19    (Text of Section after amendment by P.A. 102-982)
20    Sec. 7. Rules and standards for schools. The Board shall
21adopt rules and minimum standards for such schools which shall
22include, but not be limited to, the following:
23        a. The curriculum for probationary law enforcement
24    officers which shall be offered by all certified schools
25    shall include, but not be limited to, courses of

 

 

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1    procedural justice, arrest and use and control tactics,
2    search and seizure, including temporary questioning, civil
3    rights, human rights, human relations, cultural
4    competency, including implicit bias and racial and ethnic
5    sensitivity, criminal law, law of criminal procedure,
6    constitutional and proper use of law enforcement
7    authority, crisis intervention training, vehicle and
8    traffic law including uniform and non-discriminatory
9    enforcement of the Illinois Vehicle Code, traffic control
10    and crash investigation, techniques of obtaining physical
11    evidence, court testimonies, statements, reports, firearms
12    training, training in the use of electronic control
13    devices, including the psychological and physiological
14    effects of the use of those devices on humans, first-aid
15    (including cardiopulmonary resuscitation), training in the
16    administration of opioid antagonists as defined in
17    paragraph (1) of subsection (e) of Section 5-23 of the
18    Substance Use Disorder Act, handling of juvenile
19    offenders, recognition of mental conditions and crises,
20    including, but not limited to, the disease of addiction,
21    which require immediate assistance and response and
22    methods to safeguard and provide assistance to a person in
23    need of mental treatment, recognition of abuse, neglect,
24    financial exploitation, and self-neglect of adults with
25    disabilities and older adults, as defined in Section 2 of
26    the Adult Protective Services Act, crimes against the

 

 

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1    elderly, law of evidence, the hazards of high-speed police
2    vehicle chases with an emphasis on alternatives to the
3    high-speed chase, and physical training. The curriculum
4    shall include specific training in techniques for
5    immediate response to and investigation of cases of
6    domestic violence and of sexual assault of adults and
7    children, including cultural perceptions and common myths
8    of sexual assault and sexual abuse as well as interview
9    techniques that are age sensitive and are trauma informed,
10    victim centered, and victim sensitive. The curriculum
11    shall include training in techniques designed to promote
12    effective communication at the initial contact with crime
13    victims and ways to comprehensively explain to victims and
14    witnesses their rights under the Rights of Crime Victims
15    and Witnesses Act and the Crime Victims Compensation Act.
16    The curriculum shall also include training in effective
17    recognition of and responses to stress, trauma, and
18    post-traumatic stress experienced by law enforcement
19    officers that is consistent with Section 25 of the
20    Illinois Mental Health First Aid Training Act in a peer
21    setting, including recognizing signs and symptoms of
22    work-related cumulative stress, issues that may lead to
23    suicide, and solutions for intervention with peer support
24    resources. The curriculum shall include a block of
25    instruction addressing the mandatory reporting
26    requirements under the Abused and Neglected Child

 

 

HB2337- 50 -LRB103 05867 HEP 50888 b

1    Reporting Act. The curriculum shall also include a block
2    of instruction aimed at identifying and interacting with
3    persons with autism and other developmental or physical
4    disabilities, reducing barriers to reporting crimes
5    against persons with autism, and addressing the unique
6    challenges presented by cases involving victims or
7    witnesses with autism and other developmental
8    disabilities. The curriculum shall include training in the
9    detection and investigation of all forms of human
10    trafficking. The curriculum shall also include instruction
11    in trauma-informed responses designed to ensure the
12    physical safety and well-being of a child of an arrested
13    parent or immediate family member; this instruction must
14    include, but is not limited to: (1) understanding the
15    trauma experienced by the child while maintaining the
16    integrity of the arrest and safety of officers, suspects,
17    and other involved individuals; (2) de-escalation tactics
18    that would include the use of force when reasonably
19    necessary; and (3) inquiring whether a child will require
20    supervision and care. The curriculum for probationary law
21    enforcement officers shall include: (1) at least 12 hours
22    of hands-on, scenario-based role-playing; (2) at least 6
23    hours of instruction on use of force techniques, including
24    the use of de-escalation techniques to prevent or reduce
25    the need for force whenever safe and feasible; (3)
26    specific training on officer safety techniques, including

 

 

HB2337- 51 -LRB103 05867 HEP 50888 b

1    cover, concealment, and time; and (4) at least 6 hours of
2    training focused on high-risk traffic stops. The
3    curriculum for permanent law enforcement officers shall
4    include, but not be limited to: (1) refresher and
5    in-service training in any of the courses listed above in
6    this subparagraph, (2) advanced courses in any of the
7    subjects listed above in this subparagraph, (3) training
8    for supervisory personnel, and (4) specialized training in
9    subjects and fields to be selected by the board. The
10    training in the use of electronic control devices shall be
11    conducted for probationary law enforcement officers,
12    including University police officers. The curriculum shall
13    also include training on the use of a firearms restraining
14    order by providing instruction on the process used to file
15    a firearms restraining order and how to identify
16    situations in which a firearms restraining order is
17    appropriate.
18        b. Minimum courses of study, attendance requirements
19    and equipment requirements.
20        c. Minimum requirements for instructors.
21        d. Minimum basic training requirements, which a
22    probationary law enforcement officer must satisfactorily
23    complete before being eligible for permanent employment as
24    a local law enforcement officer for a participating local
25    governmental or State governmental agency. Those
26    requirements shall include training in first aid

 

 

HB2337- 52 -LRB103 05867 HEP 50888 b

1    (including cardiopulmonary resuscitation).
2        e. Minimum basic training requirements, which a
3    probationary county corrections officer must
4    satisfactorily complete before being eligible for
5    permanent employment as a county corrections officer for a
6    participating local governmental agency.
7        f. Minimum basic training requirements which a
8    probationary court security officer must satisfactorily
9    complete before being eligible for permanent employment as
10    a court security officer for a participating local
11    governmental agency. The Board shall establish those
12    training requirements which it considers appropriate for
13    court security officers and shall certify schools to
14    conduct that training.
15        A person hired to serve as a court security officer
16    must obtain from the Board a certificate (i) attesting to
17    the officer's successful completion of the training
18    course; (ii) attesting to the officer's satisfactory
19    completion of a training program of similar content and
20    number of hours that has been found acceptable by the
21    Board under the provisions of this Act; or (iii) attesting
22    to the Board's determination that the training course is
23    unnecessary because of the person's extensive prior law
24    enforcement experience.
25        Individuals who currently serve as court security
26    officers shall be deemed qualified to continue to serve in

 

 

HB2337- 53 -LRB103 05867 HEP 50888 b

1    that capacity so long as they are certified as provided by
2    this Act within 24 months of June 1, 1997 (the effective
3    date of Public Act 89-685). Failure to be so certified,
4    absent a waiver from the Board, shall cause the officer to
5    forfeit his or her position.
6        All individuals hired as court security officers on or
7    after June 1, 1997 (the effective date of Public Act
8    89-685) shall be certified within 12 months of the date of
9    their hire, unless a waiver has been obtained by the
10    Board, or they shall forfeit their positions.
11        The Sheriff's Merit Commission, if one exists, or the
12    Sheriff's Office if there is no Sheriff's Merit
13    Commission, shall maintain a list of all individuals who
14    have filed applications to become court security officers
15    and who meet the eligibility requirements established
16    under this Act. Either the Sheriff's Merit Commission, or
17    the Sheriff's Office if no Sheriff's Merit Commission
18    exists, shall establish a schedule of reasonable intervals
19    for verification of the applicants' qualifications under
20    this Act and as established by the Board.
21        g. Minimum in-service training requirements, which a
22    law enforcement officer must satisfactorily complete every
23    3 years. Those requirements shall include constitutional
24    and proper use of law enforcement authority, procedural
25    justice, civil rights, human rights, mental health
26    awareness and response, officer wellness, reporting child

 

 

HB2337- 54 -LRB103 05867 HEP 50888 b

1    abuse and neglect, and cultural competency, including
2    implicit bias and racial and ethnic sensitivity. These
3    trainings shall consist of at least 30 hours of training
4    every 3 years.
5        h. Minimum in-service training requirements, which a
6    law enforcement officer must satisfactorily complete at
7    least annually. Those requirements shall include law
8    updates, emergency medical response training and
9    certification, crisis intervention training, and officer
10    wellness and mental health and use of force training which
11    shall include scenario based training, or similar training
12    approved by the Board.
13        i. Minimum in-service training requirements as set
14    forth in Section 10.6.
15    The amendatory changes to this Section made by Public Act
16101-652 shall take effect January 1, 2022.
17    Notwithstanding any provision of law to the contrary, the
18changes made to this Section by this amendatory Act of the
19102nd General Assembly, Public Act 101-652, and Public Act
20102-28, and Public Act 102-694 take effect July 1, 2022.
21(Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19;
22101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff.
238-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section
2410-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff.
251-1-22; 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; 102-558,
26eff. 8-20-21; 102-694, eff. 1-7-22; 102-982, eff. 7-1-23;

 

 

HB2337- 55 -LRB103 05867 HEP 50888 b

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

 

 

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1training program.
2    (b) The Board shall create an introductory course
3incorporating adult learning models that provides law
4enforcement officers with an awareness of mental health issues
5including a history of the mental health system, types of
6mental health illness including signs and symptoms of mental
7illness and common treatments and medications, and the
8potential interactions law enforcement officers may have on a
9regular basis with these individuals, their families, and
10service providers including de-escalating a potential crisis
11situation. This course, in addition to other traditional
12learning settings, may be made available in an electronic
13format.
14    The amendatory changes to this Section made by Public Act
15101-652 shall take effect January 1, 2022.
16(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)
 
17    (50 ILCS 705/10.6 rep.)
18    Section 1-95. The Illinois Police Training Act is amended
19by repealing Section 10.6.
 
20    Section 1-100. The Law Enforcement Officer-Worn Body
21Camera Act is amended by changing Sections 10-10, 10-15,
2210-20, and 10-25 as follows:
 
23    (50 ILCS 706/10-10)

 

 

HB2337- 57 -LRB103 05867 HEP 50888 b

1    Sec. 10-10. Definitions. As used in this Act:
2    "Badge" means an officer's department issued
3identification number associated with his or her position as a
4police officer with that department.
5    "Board" means the Illinois Law Enforcement Training
6Standards Board created by the Illinois Police Training Act.
7    "Business offense" means a petty offense for which the
8fine is in excess of $1,000.
9    "Community caretaking function" means a task undertaken by
10a law enforcement officer in which the officer is performing
11an articulable act unrelated to the investigation of a crime.
12"Community caretaking function" includes, but is not limited
13to, participating in town halls or other community outreach,
14helping a child find his or her parents, providing death
15notifications, and performing in-home or hospital well-being
16checks on the sick, elderly, or persons presumed missing.
17"Community caretaking function" excludes law
18enforcement-related encounters or activities.
19    "Fund" means the Law Enforcement Camera Grant Fund.
20    "In uniform" means a law enforcement officer who is
21wearing any officially authorized uniform designated by a law
22enforcement agency, or a law enforcement officer who is
23visibly wearing articles of clothing, a badge, tactical gear,
24gun belt, a patch, or other insignia that he or she is a law
25enforcement officer acting in the course of his or her duties.
26    "Law enforcement officer" or "officer" means any person

 

 

HB2337- 58 -LRB103 05867 HEP 50888 b

1employed by a State, county, municipality, special district,
2college, unit of government, or any other entity authorized by
3law to employ peace officers or exercise police authority and
4who is primarily responsible for the prevention or detection
5of crime and the enforcement of the laws of this State.
6    "Law enforcement agency" means all State agencies with law
7enforcement officers, county sheriff's offices, municipal,
8special district, college, or unit of local government police
9departments.
10    "Law enforcement-related encounters or activities"
11include, but are not limited to, traffic stops, pedestrian
12stops, arrests, searches, interrogations, investigations,
13pursuits, crowd control, traffic control, non-community
14caretaking interactions with an individual while on patrol, or
15any other instance in which the officer is enforcing the laws
16of the municipality, county, or State. "Law
17enforcement-related encounter or activities" does not include
18when the officer is completing paperwork alone, is
19participating in training in a classroom setting, or is only
20in the presence of another law enforcement officer.
21    "Minor traffic offense" means a petty offense, business
22offense, or Class C misdemeanor under the Illinois Vehicle
23Code or a similar provision of a municipal or local ordinance.
24    "Officer-worn body camera" means an electronic camera
25system for creating, generating, sending, receiving, storing,
26displaying, and processing audiovisual recordings that may be

 

 

HB2337- 59 -LRB103 05867 HEP 50888 b

1worn about the person of a law enforcement officer.
2    "Peace officer" has the meaning provided in Section 2-13
3of the Criminal Code of 2012.
4    "Petty offense" means any offense for which a sentence of
5imprisonment is not an authorized disposition.
6    "Recording" means the process of capturing data or
7information stored on a recording medium as required under
8this Act.
9    "Recording medium" means any recording medium authorized
10by the Board for the retention and playback of recorded audio
11and video including, but not limited to, VHS, DVD, hard drive,
12cloud storage, solid state, digital, flash memory technology,
13or any other electronic medium.
14(Source: P.A. 102-1104, eff. 12-6-22.)
 
15    (50 ILCS 706/10-15)
16    Sec. 10-15. Applicability.
17    Any law enforcement agency which employs the use of
18officer-worn body cameras is subject to the provisions of this
19Act, whether or not the agency receives or has received monies
20from the Law Enforcement Camera Grant Fund. (a) All law
21enforcement agencies must employ the use of officer-worn body
22cameras in accordance with the provisions of this Act, whether
23or not the agency receives or has received monies from the Law
24Enforcement Camera Grant Fund.
25    (b) Except as provided in subsection (b-5), all law

 

 

HB2337- 60 -LRB103 05867 HEP 50888 b

1enforcement agencies must implement the use of body cameras
2for all law enforcement officers, according to the following
3schedule:
4        (1) for municipalities and counties with populations
5    of 500,000 or more, body cameras shall be implemented by
6    January 1, 2022;
7        (2) for municipalities and counties with populations
8    of 100,000 or more but under 500,000, body cameras shall
9    be implemented by January 1, 2023;
10        (3) for municipalities and counties with populations
11    of 50,000 or more but under 100,000, body cameras shall be
12    implemented by January 1, 2024;
13        (4) for municipalities and counties under 50,000, body
14    cameras shall be implemented by January 1, 2025; and
15        (5) for all State agencies with law enforcement
16    officers and other remaining law enforcement agencies,
17    body cameras shall be implemented by January 1, 2025.
18    (b-5) If a law enforcement agency that serves a
19municipality with a population of at least 100,000 but not
20more than 500,000 or a law enforcement agency that serves a
21county with a population of at least 100,000 but not more than
22500,000 has ordered by October 1, 2022 or purchased by that
23date officer-worn body cameras for use by the law enforcement
24agency, then the law enforcement agency may implement the use
25of body cameras for all of its law enforcement officers by no
26later than July 1, 2023. Records of purchase within this

 

 

HB2337- 61 -LRB103 05867 HEP 50888 b

1timeline shall be submitted to the Illinois Law Enforcement
2Training Standards Board by January 1, 2023.
3    (c) A law enforcement agency's compliance with the
4requirements under this Section shall receive preference by
5the Illinois Law Enforcement Training Standards Board in
6awarding grant funding under the Law Enforcement Camera Grant
7Act.
8    (d) This Section does not apply to court security
9officers, State's Attorney investigators, and Attorney General
10investigators.
11(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
12102-1104, eff. 12-6-22.)
 
13    (50 ILCS 706/10-20)
14    Sec. 10-20. Requirements.
15    (a) The Board shall develop basic guidelines for the use
16of officer-worn body cameras by law enforcement agencies. The
17guidelines developed by the Board shall be the basis for the
18written policy which must be adopted by each law enforcement
19agency which employs the use of officer-worn body cameras. The
20written policy adopted by the law enforcement agency must
21include, at a minimum, all of the following:
22        (1) Cameras must be equipped with pre-event recording,
23    capable of recording at least the 30 seconds prior to
24    camera activation, unless the officer-worn body camera was
25    purchased and acquired by the law enforcement agency prior

 

 

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

 

 

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

 

 

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1    turned on, the camera must be turned on as soon as
2    practicable.
3        (5) The officer must provide notice of recording to
4    any person if the person has a reasonable expectation of
5    privacy and proof of notice must be evident in the
6    recording. If exigent circumstances exist which prevent
7    the officer from providing notice, notice must be provided
8    as soon as practicable.
9        (6) (A) For the purposes of redaction, labeling, or
10    duplicating recordings, access to camera recordings shall
11    be restricted to only those personnel responsible for
12    those purposes. The recording officer or his or her
13    supervisor may not redact, label, duplicate, or otherwise
14    alter the recording officer's camera recordings. Except as
15    otherwise provided in this Section, the recording officer
16    and his or her supervisor may access and review recordings
17    prior to completing incident reports or other
18    documentation, provided that the officer or his or her
19    supervisor discloses that fact in the report or
20    documentation.
21            (i) A law enforcement officer shall not have
22        access to or review his or her body-worn camera
23        recordings or the body-worn camera recordings of
24        another officer prior to completing incident reports
25        or other documentation when the officer:
26                (a) has been involved in or is a witness to an

 

 

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1            officer-involved shooting, use of deadly force
2            incident, or use of force incidents resulting in
3            great bodily harm;
4                (b) is ordered to write a report in response
5            to or during the investigation of a misconduct
6            complaint against the officer.
7            (ii) If the officer subject to subparagraph (i)
8        prepares a report, any report shall be prepared
9        without viewing body-worn camera recordings, and
10        subject to supervisor's approval, officers may file
11        amendatory reports after viewing body-worn camera
12        recordings. Supplemental reports under this provision
13        shall also contain documentation regarding access to
14        the video footage.
15            (B) The recording officer's assigned field
16        training officer may access and review recordings for
17        training purposes. Any detective or investigator
18        directly involved in the investigation of a matter may
19        access and review recordings which pertain to that
20        investigation but may not have access to delete or
21        alter such recordings.
22        (7) Recordings made on officer-worn cameras must be
23    retained by the law enforcement agency or by the camera
24    vendor used by the agency, on a recording medium for a
25    period of 90 days.
26            (A) Under no circumstances shall any recording,

 

 

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1        except for a non-law enforcement related activity or
2        encounter, made with an officer-worn body camera be
3        altered, erased, or destroyed prior to the expiration
4        of the 90-day storage period. In the event any
5        recording made with an officer-worn body camera is
6        altered, erased, or destroyed prior to the expiration
7        of the 90-day storage period, the law enforcement
8        agency shall maintain, for a period of one year, a
9        written record including (i) the name of the
10        individual who made such alteration, erasure, or
11        destruction, and (ii) the reason for any such
12        alteration, erasure, or destruction.
13            (B) Following the 90-day storage period, any and
14        all recordings made with an officer-worn body camera
15        must be destroyed, unless any encounter captured on
16        the recording has been flagged. An encounter is deemed
17        to be flagged when:
18                (i) a formal or informal complaint has been
19            filed;
20                (ii) the officer discharged his or her firearm
21            or used force during the encounter;
22                (iii) death or great bodily harm occurred to
23            any person in the recording;
24                (iv) the encounter resulted in a detention or
25            an arrest, excluding traffic stops which resulted
26            in only a minor traffic offense or business

 

 

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1            offense;
2                (v) the officer is the subject of an internal
3            investigation or otherwise being investigated for
4            possible misconduct;
5                (vi) the supervisor of the officer,
6            prosecutor, defendant, or court determines that
7            the encounter has evidentiary value in a criminal
8            prosecution; or
9                (vii) the recording officer requests that the
10            video be flagged for official purposes related to
11            his or her official duties or believes it may have
12            evidentiary value in a criminal prosecution.
13            (C) Under no circumstances shall any recording
14        made with an officer-worn body camera relating to a
15        flagged encounter be altered or destroyed prior to 2
16        years after the recording was flagged. If the flagged
17        recording was used in a criminal, civil, or
18        administrative proceeding, the recording shall not be
19        destroyed except upon a final disposition and order
20        from the court.
21            (D) Nothing in this Act prohibits law enforcement
22        agencies from labeling officer-worn body camera video
23        within the recording medium; provided that the
24        labeling does not alter the actual recording of the
25        incident captured on the officer-worn body camera. The
26        labels, titles, and tags shall not be construed as

 

 

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1        altering the officer-worn body camera video in any
2        way.
3        (8) Following the 90-day storage period, recordings
4    may be retained if a supervisor at the law enforcement
5    agency designates the recording for training purposes. If
6    the recording is designated for training purposes, the
7    recordings may be viewed by officers, in the presence of a
8    supervisor or training instructor, for the purposes of
9    instruction, training, or ensuring compliance with agency
10    policies.
11        (9) Recordings shall not be used to discipline law
12    enforcement officers unless:
13            (A) a formal or informal complaint of misconduct
14        has been made;
15            (B) a use of force incident has occurred;
16            (C) the encounter on the recording could result in
17        a formal investigation under the Uniform Peace
18        Officers' Disciplinary Act; or
19            (D) as corroboration of other evidence of
20        misconduct.
21        Nothing in this paragraph (9) shall be construed to
22    limit or prohibit a law enforcement officer from being
23    subject to an action that does not amount to discipline.
24        (10) The law enforcement agency shall ensure proper
25    care and maintenance of officer-worn body cameras. Upon
26    becoming aware, officers must as soon as practical

 

 

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

 

 

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

 

 

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1result of the encounter.
2    Only recordings or portions of recordings responsive to
3the request shall be available for inspection or reproduction.
4Any recording disclosed under the Freedom of Information Act
5shall be redacted to remove identification of any person that
6appears on the recording and is not the officer, a subject of
7the encounter, or directly involved in the encounter. Nothing
8in this subsection (b) shall require the disclosure of any
9recording or portion of any recording which would be exempt
10from disclosure under the Freedom of Information Act.
11    (c) Nothing in this Section shall limit access to a camera
12recording for the purposes of complying with Supreme Court
13rules or the rules of evidence.
14(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
15102-687, eff. 12-17-21; 102-694, eff. 1-7-22; 102-1104, eff.
1612-6-22.)
 
17    (50 ILCS 706/10-25)
18    Sec. 10-25. Reporting.
19    (a) Each law enforcement agency which employs the use of
20officer-worn body cameras must provide an annual report on the
21use of officer-worn body cameras to the Board, on or before May
221 of the year. The report shall include:
23        (1) a brief overview of the makeup of the agency,
24    including the number of officers utilizing officer-worn
25    body cameras;

 

 

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1        (2) the number of officer-worn body cameras utilized
2    by the law enforcement agency;
3        (3) any technical issues with the equipment and how
4    those issues were remedied;
5        (4) a brief description of the review process used by
6    supervisors within the law enforcement agency;
7        (5) for each recording used in prosecutions of
8    conservation, criminal, or traffic offenses or municipal
9    ordinance violations:
10            (A) the time, date, location, and precinct of the
11        incident;
12            (B) the offense charged and the date charges were
13        filed; and (blank); and
14        (6) any other information relevant to the
15    administration of the program.
16    (b) On or before July 30 of each year, the Board must
17analyze the law enforcement agency reports and provide an
18annual report to the General Assembly and the Governor.
19(Source: P.A. 101-652, eff. 7-1-21; 102-1104, eff. 12-6-22.)
 
20    Section 1-103. The Law Enforcement Camera Grant Act is
21amended by changing Section 10 as follows:
 
22    (50 ILCS 707/10)
23    Sec. 10. Law Enforcement Camera Grant Fund; creation,
24rules.

 

 

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1    (a) The Law Enforcement Camera Grant Fund is created as a
2special fund in the State treasury. From appropriations to the
3Board from the Fund, the Board must make grants to units of
4local government in Illinois and Illinois public universities
5for the purpose of (1) purchasing in-car video cameras for use
6in law enforcement vehicles, (2) purchasing officer-worn body
7cameras and associated technology for law enforcement
8officers, and (3) training for law enforcement officers in the
9operation of the cameras. Grants under this Section may be
10used to offset data storage costs for officer-worn body
11cameras.
12    Moneys received for the purposes of this Section,
13including, without limitation, fee receipts and gifts, grants,
14and awards from any public or private entity, must be
15deposited into the Fund. Any interest earned on moneys in the
16Fund must be deposited into the Fund.
17    (b) The Board may set requirements for the distribution of
18grant moneys and determine which law enforcement agencies are
19eligible.
20    (b-5) The Board shall consider compliance with the Uniform
21Crime Reporting Act as a factor in awarding grant moneys.
22    (c) (Blank).
23    (d) (Blank).
24    (e) (Blank).
25    (f) (Blank).
26    (g) (Blank).

 

 

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1    (h) (Blank).
2(Source: P.A. 102-16, eff. 6-17-21; 102-1104, eff. 12-6-22.)
 
3    Section 1-105. The Uniform Crime Reporting Act is amended
4by changing Sections 5-10, 5-12, and 5-20 as follows:
 
5    (50 ILCS 709/5-10)
6    Sec. 5-10. Central repository of crime statistics. The
7Illinois State Police shall be a central repository and
8custodian of crime statistics for the State and shall have all
9the power necessary to carry out the purposes of this Act,
10including the power to demand and receive cooperation in the
11submission of crime statistics from all law enforcement
12agencies. All data and information provided to the Illinois
13State Police under this Act must be provided in a manner and
14form prescribed by the Illinois State Police. On an annual
15basis, the Illinois State Police shall make available
16compilations of crime statistics and monthly reporting
17required to be reported by each law enforcement agency.
18(Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21;
19102-813, eff. 5-13-22.)
 
20    (50 ILCS 709/5-12)
21    Sec. 5-12. Monthly reporting. All law enforcement agencies
22shall submit to the Illinois State Police on a monthly basis
23the following:

 

 

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

 

 

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1    between the victim and the offender;
2        (5) data on an index of offenses selected by the
3    Illinois State Police based on the seriousness of the
4    offense, frequency of occurrence of the offense, and
5    likelihood of being reported to law enforcement. The data
6    shall include the number of index crime offenses committed
7    and number of associated arrests; and
8        (6) data on offenses and incidents reported by schools
9    to local law enforcement. The data shall include offenses
10    defined as an attack against school personnel,
11    intimidation offenses, drug incidents, and incidents
12    involving weapons. ;
13        (7) beginning on July 1, 2021, a report on incidents
14    where a law enforcement officer was dispatched to deal
15    with a person experiencing a mental health crisis or
16    incident. The report shall include the number of
17    incidents, the level of law enforcement response and the
18    outcome of each incident. For purposes of this Section, a
19    "mental health crisis" is when a person's behavior puts
20    them at risk of hurting themselves or others or prevents
21    them from being able to care for themselves;
22        (8) beginning on July 1, 2021, a report on use of
23    force, including any action that resulted in the death or
24    serious bodily injury of a person or the discharge of a
25    firearm at or in the direction of a person. The report
26    shall include information required by the Illinois State

 

 

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1    Police, pursuant to Section 5-11 of this Act.
2(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
3102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
4    (50 ILCS 709/5-20)
5    Sec. 5-20. Reporting compliance. The Illinois State Police
6shall annually report to the Illinois Law Enforcement Training
7Standards Board and the Department of Revenue any law
8enforcement agency not in compliance with the reporting
9requirements under this Act. A law enforcement agency's
10compliance with the reporting requirements under this Act
11shall be a factor considered by the Illinois Law Enforcement
12Training Standards Board in awarding grant funding under the
13Law Enforcement Camera Grant Act, with preference to law
14enforcement agencies which are in compliance with reporting
15requirements under this Act.
16(Source: P.A. 101-652, eff. 7-1-21; 102-538, eff. 8-20-21;
17102-813, eff. 5-13-22.)
 
18    (50 ILCS 709/5-11 rep.)
19    Section 1-110. The Uniform Crime Reporting Act is amended
20by repealing Section 5-11.
 
21    Section 1-115. The Uniform Peace Officers' Disciplinary
22Act is amended by changing Sections 3.2, 3.4, and 3.8 as
23follows:
 

 

 

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1    (50 ILCS 725/3.2)  (from Ch. 85, par. 2555)
2    Sec. 3.2. No officer shall be subjected to interrogation
3without first being informed in writing of the nature of the
4investigation. If an administrative proceeding is instituted,
5the officer shall be informed beforehand of the names of all
6complainants. The information shall be sufficient as to
7reasonably apprise the officer of the nature of the
8investigation.
9(Source: P.A. 101-652, eff. 7-1-21.)
 
10    (50 ILCS 725/3.4)  (from Ch. 85, par. 2557)
11    Sec. 3.4. The officer under investigation shall be
12informed in writing of the name, rank and unit or command of
13the officer in charge of the investigation, the interrogators,
14and all persons who will be present on the behalf of the
15employer during any interrogation except at a public
16administrative proceeding. The officer under investigation
17shall inform the employer of any person who will be present on
18his or her behalf during any interrogation except at a public
19administrative hearing.
20(Source: P.A. 101-652, eff. 7-1-21.)
 
21    (50 ILCS 725/3.8)  (from Ch. 85, par. 2561)
22    Sec. 3.8. Admissions; counsel; verified complaint.
23    (a) No officer shall be interrogated without first being

 

 

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1advised in writing that admissions made in the course of the
2interrogation may be used as evidence of misconduct or as the
3basis for charges seeking suspension, removal, or discharge;
4and without first being advised in writing that he or she has
5the right to counsel of his or her choosing who may be present
6to advise him or her at any stage of any interrogation.
7    (b) Anyone It shall not be a requirement for a person
8filing a complaint against a sworn peace officer must to have
9the complaint supported by a sworn affidavit. Any complaint,
10having been supported by a sworn affidavit, and having been
11found, in total or in part, to contain knowingly false
12material information, shall be presented to the appropriate
13State's Attorney for a determination of prosecution. or any
14other legal documentation. This ban on an affidavit
15requirement shall apply to any collective bargaining
16agreements entered after the effective date of this provision.
17(Source: P.A. 101-652, eff. 7-1-21.)
 
18    Section 1-120. The Uniform Peace Officers' Disciplinary
19Act is amended by reenacting Section 6 as follows:
 
20    (50 ILCS 725/6)  (from Ch. 85, par. 2567)
21    Sec. 6. Except as otherwise provided in this Act, the
22provisions of this Act apply only to the extent there is no
23collective bargaining agreement currently in effect dealing
24with the subject matter of this Act.

 

 

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1(Source: P.A. 100-911, eff. 8-17-18.)
 
2    (50 ILCS 727/1-35 rep.)
3    Section 1-125. The Police and Community Relations
4Improvement Act is amended by repealing Section 1-35.
 
5    Section 1-130. The Counties Code is amended by changing
6Sections 3-4013, 4-5001, 4-12001, and 4-12001.1 as follows:
 
7    (55 ILCS 5/3-4013)
8    (Section scheduled to be repealed on December 31, 2023)
9    Sec. 3-4013. Public Defender Quality Defense Task Force.
10    (a) The Public Defender Quality Defense Task Force is
11established to: (i) examine the current caseload and determine
12the optimal caseload for public defenders in the State; (ii)
13examine the quality of legal services being offered to
14defendants by public defenders of the State; and (iii) make
15recommendations to improve the caseload of public defenders
16and quality of legal services offered by public defenders; and
17(iv) provide recommendations to the General Assembly and
18Governor on legislation to provide for an effective public
19defender system throughout the State and encourage the active
20and substantial participation of the private bar in the
21representation of accused people.
22    (b) The following members shall be appointed to the Task
23Force by the Governor no later than 30 days after the effective

 

 

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1date of this amendatory Act of the 102nd General Assembly:
2        (1) 2 assistant public defenders from the Office of
3    the Cook County Public Defender.
4        (2) 5 public defenders or assistant public defenders
5    from 5 counties other than Cook County.
6        (3) One Cook County circuit judge experienced in the
7    litigation of criminal law matters.
8        (4) One circuit judge from outside of Cook County
9    experienced in the litigation of criminal law matters.
10        (5) One representative from the Office of the State
11    Appellate Defender.
12    Task Force members shall serve without compensation but
13may be reimbursed for their expenses incurred in performing
14their duties. If a vacancy occurs in the Task Force
15membership, the vacancy shall be filled in the same manner as
16the original appointment for the remainder of the Task Force.
17    (c) The Task Force shall hold a minimum of 2 public
18hearings. At the public hearings, the Task Force shall take
19testimony of public defenders, former criminal defendants
20represented by public defenders, and any other person the Task
21Force believes would aid the Task Force's examination and
22recommendations under subsection (a). The Task may meet as
23such other times as it deems appropriate.
24    (d) The Office of the State Appellate Defender shall
25provide administrative and other support to the Task Force.
26    (e) The Task Force shall prepare a report that summarizes

 

 

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1its work and makes recommendations resulting from its study.
2The Task Force shall submit the report of its findings and
3recommendations to the Governor and the General Assembly no
4later than December 31, 2023 2022.
5    (f) This Section is repealed on December 31, 2024 2023.
6(Source: P.A. 102-430, eff. 8-20-21; 102-1104, eff. 12-6-22.)
 
7    (55 ILCS 5/4-5001)  (from Ch. 34, par. 4-5001)
8    Sec. 4-5001. Sheriffs; counties of first and second class.
9The fees of sheriffs in counties of the first and second class,
10except when increased by county ordinance under this Section,
11shall be as follows:
12    For serving or attempting to serve summons on each
13defendant in each county, $10.
14    For serving or attempting to serve an order or judgment
15granting injunctive relief in each county, $10.
16    For serving or attempting to serve each garnishee in each
17county, $10.
18    For serving or attempting to serve an order for replevin
19in each county, $10.
20    For serving or attempting to serve an order for attachment
21on each defendant in each county, $10.
22    For serving or attempting to serve a warrant of arrest,
23$8, to be paid upon conviction.
24    For returning a defendant from outside the State of
25Illinois, upon conviction, the court shall assess, as court

 

 

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

 

 

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

 

 

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1to the jail of another county, or from another county to the
2jail of the prisoner's county, per mile, for going, only, 30¢.
3    For conveying persons to the penitentiary, reformatories,
4Illinois State Training School for Boys, Illinois State
5Training School for Girls and Reception Centers, the following
6fees, payable out of the State treasury. For each person who is
7conveyed, 35¢ per mile in going only to the penitentiary,
8reformatory, Illinois State Training School for Boys, Illinois
9State Training School for Girls and Reception Centers, from
10the place of conviction.
11    The fees provided for transporting persons to the
12penitentiary, reformatories, Illinois State Training School
13for Boys, Illinois State Training School for Girls and
14Reception Centers shall be paid for each trip so made. Mileage
15as used in this Section means the shortest practical route,
16between the place from which the person is to be transported,
17to the penitentiary, reformatories, Illinois State Training
18School for Boys, Illinois State Training School for Girls and
19Reception Centers and all fees per mile shall be computed on
20such basis.
21    For conveying any person to or from any of the charitable
22institutions of the State, when properly committed by
23competent authority, when one person is conveyed, 35¢ per
24mile; when two persons are conveyed at the same time, 35¢ per
25mile for the first person and 20¢ per mile for the second
26person; and 10¢ per mile for each additional person.

 

 

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1    For conveying a person from the penitentiary to the county
2jail when required by law, 35¢ per mile.
3    For attending Supreme Court, $10 per day.
4    In addition to the above fees there shall be allowed to the
5sheriff a fee of $600 for the sale of real estate which is made
6by virtue of any judgment of a court, except that in the case
7of a sale of unimproved real estate which sells for $10,000 or
8less, the fee shall be $150. In addition to this fee and all
9other fees provided by this Section, there shall be allowed to
10the sheriff a fee in accordance with the following schedule
11for the sale of personal estate which is made by virtue of any
12judgment of a court:
13    For judgments up to $1,000, $75;
14    For judgments from $1,001 to $15,000, $150;
15    For judgments over $15,000, $300.
16    The foregoing fees allowed by this Section are the maximum
17fees that may be collected from any officer, agency,
18department or other instrumentality of the State. The county
19board may, however, by ordinance, increase the fees allowed by
20this Section and collect those increased fees from all persons
21and entities other than officers, agencies, departments and
22other instrumentalities of the State if the increase is
23justified by an acceptable cost study showing that the fees
24allowed by this Section are not sufficient to cover the costs
25of providing the service. A statement of the costs of
26providing each service, program and activity shall be prepared

 

 

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1by the county board. All supporting documents shall be public
2records and subject to public examination and audit. All
3direct and indirect costs, as defined in the United States
4Office of Management and Budget Circular A-87, may be included
5in the determination of the costs of each service, program and
6activity.
7    In all cases where the judgment is settled by the parties,
8replevied, stopped by injunction or paid, or where the
9property levied upon is not actually sold, the sheriff shall
10be allowed his fee for levying and mileage, together with half
11the fee for all money collected by him which he would be
12entitled to if the same was made by sale to enforce the
13judgment. In no case shall the fee exceed the amount of money
14arising from the sale.
15    The fee requirements of this Section do not apply to
16police departments or other law enforcement agencies. For the
17purposes of this Section, "law enforcement agency" means an
18agency of the State or unit of local government which is vested
19by law or ordinance with the duty to maintain public order and
20to enforce criminal laws.
21(Source: P.A. 100-173, eff. 1-1-18; 100-863, eff. 8-14-18;
22101-652.)
 
23    (55 ILCS 5/4-12001)  (from Ch. 34, par. 4-12001)
24    Sec. 4-12001. Fees of sheriff in third class counties. The
25officers herein named, in counties of the third class, shall

 

 

HB2337- 88 -LRB103 05867 HEP 50888 b

1be entitled to receive the fees herein specified, for the
2services mentioned and such other fees as may be provided by
3law for such other services not herein designated.
4Fees for Sheriff
5    For serving or attempting to serve any summons on each
6defendant, $35.
7    For serving or attempting to serve each alias summons or
8other process mileage will be charged as hereinafter provided
9when the address for service differs from the address for
10service on the original summons or other process.
11    For serving or attempting to serve all other process, on
12each defendant, $35.
13    For serving or attempting to serve a subpoena on each
14witness, $35.
15    For serving or attempting to serve each warrant, $35.
16    For serving or attempting to serve each garnishee, $35.
17    For summoning each juror, $10.
18    For serving or attempting to serve each order or judgment
19for replevin, $35.
20    For serving or attempting to serve an order for
21attachment, on each defendant, $35.
22    For serving or attempting to serve an order or judgment
23for the possession of real estate in an action of ejectment or
24in any other action, or for restitution in an eviction action,
25without aid, $35, and when aid is necessary, the sheriff shall
26be allowed to tax in addition the actual costs thereof.

 

 

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1    For serving or attempting to serve notice of judgment,
2$35.
3    For levying to satisfy an order in an action for
4attachment, $25.
5    For executing order of court to seize personal property,
6$25.
7    For making certificate of levy on real estate and filing
8or recording same, $8, and the fee for filing or recording
9shall be advanced by the plaintiff in attachment or by the
10judgment creditor and taxed as costs. For taking possession of
11or removing property levied on, the sheriff shall be allowed
12to tax the necessary actual costs of such possession or
13removal.
14    For advertising property for sale, $20.
15    For making certificate of sale and making and filing
16duplicate for record, $15, and the fee for recording same
17shall be advanced by the judgment creditor and taxed as costs.
18    For preparing, executing and acknowledging deed on
19redemption from a court sale of real estate, $15; for
20preparing, executing and acknowledging all other deeds on sale
21of real estate, $10.
22    For making and filing certificate of redemption, $15, and
23the fee for recording same shall be advanced by party making
24the redemption and taxed as costs.
25    For making and filing certificate of redemption from a
26court sale, $11, and the fee for recording same shall be

 

 

HB2337- 90 -LRB103 05867 HEP 50888 b

1advanced by the party making the redemption and taxed as
2costs.
3    For taking all bonds on legal process, $10.
4    For taking special bail, $5.
5    For returning each process, $15.
6    Mileage for service or attempted service of all process is
7a $10 flat fee.
8    For attending before a court with a prisoner on an order
9for habeas corpus, $9 per day.
10    For executing requisitions from other States, $13.
11    For conveying each prisoner from the prisoner's county to
12the jail of another county, per mile for going only, 25¢.
13    For committing to or discharging each prisoner from jail,
14$3.
15    For feeding each prisoner, such compensation to cover
16actual costs 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 committing each prisoner to jail under the laws of the
20United States, to be paid by the marshal or other person
21requiring his confinement, $3.
22    For feeding such prisoners per day, $3, to be paid by the
23marshal or other person requiring the prisoner's confinement.
24    For discharging such prisoners, $3.
25    For conveying persons to the penitentiary, reformatories,
26Illinois State Training School for Boys, Illinois State

 

 

HB2337- 91 -LRB103 05867 HEP 50888 b

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

 

 

HB2337- 92 -LRB103 05867 HEP 50888 b

1the sheriff a fee of $900 for the sale of real estate which
2shall be made by virtue of any judgment of a court. In addition
3to this fee and all other fees provided by this Section, there
4shall be allowed to the sheriff a fee in accordance with the
5following schedule for the sale of personal estate which is
6made by virtue of any judgment of a court:
7    For judgments up to $1,000, $100;
8    For judgments over $1,000 to $15,000, $300;
9    For judgments over $15,000, $500.
10    In all cases where the judgment is settled by the parties,
11replevied, stopped by injunction or paid, or where the
12property levied upon is not actually sold, the sheriff shall
13be allowed the fee for levying and mileage, together with half
14the fee for all money collected by him or her which he or she
15would be entitled to if the same were made by sale in the
16enforcement of a judgment. In no case shall the fee exceed the
17amount of money arising from the sale.
18    The fee requirements of this Section do not apply to
19police departments or other law enforcement agencies. For the
20purposes of this Section, "law enforcement agency" means an
21agency of the State or unit of local government which is vested
22by law or ordinance with the duty to maintain public order and
23to enforce criminal laws or ordinances.
24    The fee requirements of this Section do not apply to units
25of local government or school districts.
26(Source: P.A. 100-173, eff. 1-1-18; 101-652.)
 

 

 

HB2337- 93 -LRB103 05867 HEP 50888 b

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

 

 

HB2337- 94 -LRB103 05867 HEP 50888 b

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

 

 

HB2337- 95 -LRB103 05867 HEP 50888 b

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

 

 

HB2337- 96 -LRB103 05867 HEP 50888 b

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

 

 

HB2337- 97 -LRB103 05867 HEP 50888 b

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

 

 

HB2337- 98 -LRB103 05867 HEP 50888 b

1    (55 ILCS 5/3-4014 rep.)
2    (55 ILCS 5/3-6041 rep.)
3    Section 1-135. The Counties Code is amended by repealing
4Sections 3-4014 and 3-6041.
 
5    (65 ILCS 5/11-5.1-2 rep.)
6    Section 1-140. The Illinois Municipal Code is amended by
7repealing Section 11-5.1-2.
 
8    Section 1-145. The Illinois Municipal Code is amended by
9reenacting Section 1-2-12.1 as follows:
 
10    (65 ILCS 5/1-2-12.1)
11    Sec. 1-2-12.1. Municipal bond fees. A municipality may
12impose a fee up to $20 for bail processing against any person
13arrested for violating a bailable municipal ordinance or a
14State or federal law.
15(Source: Reenacted by P.A. 102-687, eff. 12-17-21. Repealed
16internally, eff. 1-1-23.)
 
17    Section 1-150. The Campus Security Enhancement Act of 2008
18is amended by changing Section 15 as follows:
 
19    (110 ILCS 12/15)
20    Sec. 15. Arrest reports.

 

 

HB2337- 99 -LRB103 05867 HEP 50888 b

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

 

 

HB2337- 100 -LRB103 05867 HEP 50888 b

1    enforcement or correctional personnel or any other person;
2    or
3        (3) compromise the security of any correctional
4    facility.
5    (c) For the purposes of this Section the term "news media"
6means personnel of a newspaper or other periodical issued at
7regular intervals whether in print or electronic format, a
8news service whether in print or electronic format, a radio
9station, a television station, a television network, a
10community antenna television service, or a person or
11corporation engaged in making news reels or other motion
12picture news for public showing.
13    (d) Each law enforcement or correctional agency may charge
14fees for arrest records, but in no instance may the fee exceed
15the actual cost of copying and reproduction. The fees may not
16include the cost of the labor used to reproduce the arrest
17record.
18    (e) The provisions of this Section do not supersede the
19confidentiality provisions for arrest records of the Juvenile
20Court Act of 1987.
21(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
 
22    Section 1-155. The Illinois Insurance Code is amended by
23changing Sections 143.19, 143.19.1, and 205 as follows:
 
24    (215 ILCS 5/143.19)  (from Ch. 73, par. 755.19)

 

 

HB2337- 101 -LRB103 05867 HEP 50888 b

1    (Text of Section before amendment by P.A. 102-982)
2    Sec. 143.19. Cancellation of automobile insurance policy;
3grounds. After a policy of automobile insurance as defined in
4Section 143.13(a) has been effective for 60 days, or if such
5policy is a renewal policy, the insurer shall not exercise its
6option to cancel such policy except for one or more of the
7following reasons:
8        a. Nonpayment of premium;
9        b. The policy was obtained through a material
10    misrepresentation;
11        c. Any insured violated any of the terms and
12    conditions of the policy;
13        d. The named insured failed to disclose fully his
14    motor vehicle accidents and moving traffic violations for
15    the preceding 36 months if called for in the application;
16        e. Any insured made a false or fraudulent claim or
17    knowingly aided or abetted another in the presentation of
18    such a claim;
19        f. The named insured or any other operator who either
20    resides in the same household or customarily operates an
21    automobile insured under such policy:
22            1. has, within the 12 months prior to the notice of
23        cancellation, had his driver's license under
24        suspension or revocation;
25            2. is or becomes subject to epilepsy or heart
26        attacks, and such individual does not produce a

 

 

HB2337- 102 -LRB103 05867 HEP 50888 b

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

 

 

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1        of motor vehicles or any of the provisions of the motor
2        vehicle laws of any state, violation of which
3        constitutes a misdemeanor, whether or not the
4        violations were repetitions of the same offense or
5        different offenses;
6        g. The insured automobile is:
7            1. so mechanically defective that its operation
8        might endanger public safety;
9            2. used in carrying passengers for hire or
10        compensation (the use of an automobile for a car pool
11        shall not be considered use of an automobile for hire
12        or compensation);
13            3. used in the business of transportation of
14        flammables or explosives;
15            4. an authorized emergency vehicle;
16            5. changed in shape or condition during the policy
17        period so as to increase the risk substantially; or
18            6. subject to an inspection law and has not been
19        inspected or, if inspected, has failed to qualify.
20    Nothing in this Section shall apply to nonrenewal.
21(Source: P.A. 100-201, eff. 8-18-17; 101-652, eff. 1-1-23;
22102-1104, eff. 1-1-23.)
 
23    (Text of Section after amendment by P.A. 102-982)
24    Sec. 143.19. Cancellation of automobile insurance policy;
25grounds. After a policy of automobile insurance as defined in

 

 

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1Section 143.13(a) has been effective for 60 days, or if such
2policy is a renewal policy, the insurer shall not exercise its
3option to cancel such policy except for one or more of the
4following reasons:
5        a. Nonpayment of premium;
6        b. The policy was obtained through a material
7    misrepresentation;
8        c. Any insured violated any of the terms and
9    conditions of the policy;
10        d. The named insured failed to disclose fully his
11    motor vehicle crashes and moving traffic violations for
12    the preceding 36 months if called for in the application;
13        e. Any insured made a false or fraudulent claim or
14    knowingly aided or abetted another in the presentation of
15    such a claim;
16        f. The named insured or any other operator who either
17    resides in the same household or customarily operates an
18    automobile insured under such policy:
19            1. has, within the 12 months prior to the notice of
20        cancellation, had his driver's license under
21        suspension or revocation;
22            2. is or becomes subject to epilepsy or heart
23        attacks, and such individual does not produce a
24        certificate from a physician testifying to his
25        unqualified ability to operate a motor vehicle safely;
26            3. has a crash record, conviction record (criminal

 

 

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

 

 

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1        violations were repetitions of the same offense or
2        different offenses;
3        g. The insured automobile is:
4            1. so mechanically defective that its operation
5        might endanger public safety;
6            2. used in carrying passengers for hire or
7        compensation (the use of an automobile for a car pool
8        shall not be considered use of an automobile for hire
9        or compensation);
10            3. used in the business of transportation of
11        flammables or explosives;
12            4. an authorized emergency vehicle;
13            5. changed in shape or condition during the policy
14        period so as to increase the risk substantially; or
15            6. subject to an inspection law and has not been
16        inspected or, if inspected, has failed to qualify.
17    Nothing in this Section shall apply to nonrenewal.
18(Source: P.A. 101-652, eff. 1-1-23; 102-982, eff. 7-1-23;
19102-1104, eff. 1-1-23.)
 
20    (215 ILCS 5/143.19.1)  (from Ch. 73, par. 755.19.1)
21    (Text of Section before amendment by P.A. 102-982)
22    Sec. 143.19.1. Limits on exercise of right of nonrenewal.
23After a policy of automobile insurance, as defined in Section
24143.13, has been effective or renewed for 5 or more years, the
25company shall not exercise its right of non-renewal unless:

 

 

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

 

 

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

 

 

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1            2. Used in carrying passengers for hire or
2        compensation (the use of an automobile for a car pool
3        shall not be considered use of an automobile for hire
4        or compensation); or
5            3. Used in the business of transportation of
6        flammables or explosives; or
7            4. An authorized emergency vehicle; or
8            5. Changed in shape or condition during the policy
9        period so as to increase the risk substantially; or
10            6. Subject to an inspection law and it has not been
11        inspected or, if inspected, has failed to qualify; or
12        g. The notice of the intention not to renew is mailed
13    to the insured at least 60 days before the date of
14    nonrenewal as provided in Section 143.17.
15(Source: P.A. 101-652, eff. 1-1-23.)
 
16    (Text of Section after amendment by P.A. 102-982)
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
22    misrepresentation; or
23        b. Any insured violated any of the terms and
24    conditions of the policy; or
25        c. The named insured failed to disclose fully his

 

 

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

 

 

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

 

 

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1        flammables or explosives; or
2            4. An authorized emergency vehicle; or
3            5. Changed in shape or condition during the policy
4        period so as to increase the risk substantially; or
5            6. Subject to an inspection law and it has not been
6        inspected or, if inspected, has failed to qualify; or
7        g. The notice of the intention not to renew is mailed
8    to the insured at least 60 days before the date of
9    nonrenewal as provided in Section 143.17.
10(Source: P.A. 101-652, eff. 1-1-23; 102-982, eff. 7-1-23.)
 
11    (215 ILCS 5/205)  (from Ch. 73, par. 817)
12    Sec. 205. Priority of distribution of general assets.
13    (1) The priorities of distribution of general assets from
14the company's estate is to be as follows:
15        (a) The costs and expenses of administration,
16    including, but not limited to, the following:
17            (i) The reasonable expenses of the Illinois
18        Insurance Guaranty Fund, the Illinois Life and Health
19        Insurance Guaranty Association, and the Illinois
20        Health Maintenance Organization Guaranty Association
21        and of any similar organization in any other state,
22        including overhead, salaries, and other general
23        administrative expenses allocable to the receivership
24        (administrative and claims handling expenses and
25        expenses in connection with arrangements for ongoing

 

 

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

 

 

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

 

 

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

 

 

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

 

 

HB2337- 117 -LRB103 05867 HEP 50888 b

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

 

 

HB2337- 118 -LRB103 05867 HEP 50888 b

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

 

 

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

 

 

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1    Section 1-160. The Illinois Gambling Act is amended by
2changing Section 5.1 as follows:
 
3    (230 ILCS 10/5.1)  (from Ch. 120, par. 2405.1)
4    Sec. 5.1. Disclosure of records.
5    (a) Notwithstanding any applicable statutory provision to
6the contrary, the Board shall, on written request from any
7person, provide information furnished by an applicant or
8licensee concerning the applicant or licensee, his products,
9services or gambling enterprises and his business holdings, as
10follows:
11        (1) The name, business address and business telephone
12    number of any applicant or licensee.
13        (2) An identification of any applicant or licensee
14    including, if an applicant or licensee is not an
15    individual, the names and addresses of all stockholders
16    and directors, if the entity is a corporation; the names
17    and addresses of all members, if the entity is a limited
18    liability company; the names and addresses of all
19    partners, both general and limited, if the entity is a
20    partnership; and the names and addresses of all
21    beneficiaries, if the entity is a trust. If an applicant
22    or licensee has a pending registration statement filed
23    with the Securities and Exchange Commission, only the
24    names of those persons or entities holding interest of 5%
25    or more must be provided.

 

 

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

 

 

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1    suspended, revoked or not renewed and a statement
2    describing the facts and circumstances concerning the
3    denial, restriction, suspension, revocation or
4    non-renewal, including the licensing authority, the date
5    each such action was taken, and the reason for each such
6    action.
7        (6) Whether an applicant or licensee has ever filed or
8    had filed against it a proceeding in bankruptcy or has
9    ever been involved in any formal process to adjust, defer,
10    suspend or otherwise work out the payment of any debt
11    including the date of filing, the name and location of the
12    court, the case and number of the disposition.
13        (7) Whether an applicant or licensee has filed, or
14    been served with a complaint or other notice filed with
15    any public body, regarding the delinquency in the payment
16    of, or a dispute over the filings concerning the payment
17    of, any tax required under federal, State or local law,
18    including the amount, type of tax, the taxing agency and
19    time periods involved.
20        (8) A statement listing the names and titles of all
21    public officials or officers of any unit of government,
22    and relatives of said public officials or officers who,
23    directly or indirectly, own any financial interest in,
24    have any beneficial interest in, are the creditors of or
25    hold any debt instrument issued by, or hold or have any
26    interest in any contractual or service relationship with,

 

 

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

 

 

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

 

 

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1follow-up healthcare, or medication to a sexual assault
2survivor shall not:
3        (1) charge or submit a bill for any portion of the
4    costs of the services, transportation, or medications to
5    the sexual assault survivor, including any insurance
6    deductible, co-pay, co-insurance, denial of claim by an
7    insurer, spenddown, or any other out-of-pocket expense;
8        (2) communicate with, harass, or intimidate the sexual
9    assault survivor for payment of services, including, but
10    not limited to, repeatedly calling or writing to the
11    sexual assault survivor and threatening to refer the
12    matter to a debt collection agency or to an attorney for
13    collection, enforcement, or filing of other process;
14        (3) refer a bill to a collection agency or attorney
15    for collection action against the sexual assault survivor;
16        (4) contact or distribute information to affect the
17    sexual assault survivor's credit rating; or
18        (5) take any other action adverse to the sexual
19    assault survivor or his or her family on account of
20    providing services to the sexual assault survivor.
21    (a-5) Notwithstanding any other provision of law,
22including, but not limited to, subsection (a), a sexual
23assault survivor who is not the subscriber or primary
24policyholder of the sexual assault survivor's insurance policy
25may opt out of billing the sexual assault survivor's private
26insurance provider. If the sexual assault survivor opts out of

 

 

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

 

 

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1        (3) a statement that prior to leaving the hospital or
2    approved pediatric health care facility, the hospital or
3    approved pediatric health care facility will give the
4    sexual assault survivor a sexual assault services voucher
5    for follow-up healthcare if the sexual assault survivor is
6    eligible to receive a sexual assault services voucher;
7        (4) the definition of "follow-up healthcare" as set
8    forth in Section 1a of this Act;
9        (5) a phone number the sexual assault survivor may
10    call should the sexual assault survivor receive a bill
11    from the hospital or approved pediatric health care
12    facility for medical forensic services;
13        (6) the toll-free phone number of the Office of the
14    Illinois Attorney General, Crime Victim Services Division,
15    which the sexual assault survivor may call should the
16    sexual assault survivor receive a bill from an ambulance
17    provider, approved pediatric health care facility, a
18    health care professional, a laboratory, or a pharmacy.
19    This subsection (c) shall not apply to hospitals that
20provide transfer services as defined under Section 1a of this
21Act.
22    (d) Within 60 days after the effective date of this
23amendatory Act of the 99th General Assembly, every health care
24professional, except for those employed by a hospital or
25hospital affiliate, as defined in the Hospital Licensing Act,
26or those employed by a hospital operated under the University

 

 

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

 

 

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

 

 

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1a survivor of sexual assault for medical forensic services,
2the Office of the Attorney General shall provide the health
3care professional or approved pediatric health care facility
4with a written statement of the deficiencies in the protocol.
5The health care professional or approved pediatric health care
6facility shall have 30 days to submit a revised billing
7protocol addressing the deficiencies to the Office of the
8Attorney General. The health care professional or approved
9pediatric health care facility shall implement the protocol
10upon approval by the Crime Victim Services Division of the
11Office of the Attorney General.
12    The health care professional or approved pediatric health
13care facility shall submit any proposed revision to or
14modification of an approved billing protocol to the Crime
15Victim Services Division of the Office of the Attorney General
16for approval. The health care professional or approved
17pediatric health care facility shall implement the revised or
18modified billing protocol upon approval by the Crime Victim
19Services Division of the Office of the Illinois Attorney
20General.
21    (e) This Section is effective on and after January 1,
222024.
23(Source: P.A. 101-634, eff. 6-5-20; 101-652, eff. 7-1-21;
24102-22, eff. 6-25-21; 102-674, eff. 11-30-21; 102-1097, eff.
251-1-23.)
 

 

 

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1    Section 1-170. The Illinois Vehicle Code is amended by
2changing Sections 6-204, 6-308, 6-500, 6-601, and 16-103 as
3follows:
 
4    (625 ILCS 5/6-204)  (from Ch. 95 1/2, par. 6-204)
5    Sec. 6-204. When court to forward license and reports.
6    (a) For the purpose of providing to the Secretary of State
7the records essential to the performance of the Secretary's
8duties under this Code to cancel, revoke or suspend the
9driver's license and privilege to drive motor vehicles of
10certain minors and of persons found guilty of the criminal
11offenses or traffic violations which this Code recognizes as
12evidence relating to unfitness to safely operate motor
13vehicles, the following duties are imposed upon public
14officials:
15        (1) Whenever any person is convicted of any offense
16    for which this Code makes mandatory the cancellation or
17    revocation of the driver's license or permit of such
18    person by the Secretary of State, the judge of the court in
19    which such conviction is had shall require the surrender
20    to the clerk of the court of all driver's licenses or
21    permits then held by the person so convicted, and the
22    clerk of the court shall, within 5 days thereafter,
23    forward the same, together with a report of such
24    conviction, to the Secretary.
25        (2) Whenever any person is convicted of any offense

 

 

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1    under this Code or similar offenses under a municipal
2    ordinance, other than regulations governing standing,
3    parking or weights of vehicles, and excepting the
4    following enumerated Sections of this Code: Sections
5    11-1406 (obstruction to driver's view or control), 11-1407
6    (improper opening of door into traffic), 11-1410 (coasting
7    on downgrade), 11-1411 (following fire apparatus),
8    11-1419.01 (Motor Fuel Tax I.D. Card), 12-101 (driving
9    vehicle which is in unsafe condition or improperly
10    equipped), 12-201(a) (daytime lights on motorcycles),
11    12-202 (clearance, identification and side marker lamps),
12    12-204 (lamp or flag on projecting load), 12-205 (failure
13    to display the safety lights required), 12-401
14    (restrictions as to tire equipment), 12-502 (mirrors),
15    12-503 (windshields must be unobstructed and equipped with
16    wipers), 12-601 (horns and warning devices), 12-602
17    (mufflers, prevention of noise or smoke), 12-603 (seat
18    safety belts), 12-702 (certain vehicles to carry flares or
19    other warning devices), 12-703 (vehicles for oiling roads
20    operated on highways), 12-710 (splash guards and
21    replacements), 13-101 (safety tests), 15-101 (size, weight
22    and load), 15-102 (width), 15-103 (height), 15-104 (name
23    and address on second division vehicles), 15-107 (length
24    of vehicle), 15-109.1 (cover or tarpaulin), 15-111
25    (weights), 15-112 (weights), 15-301 (weights), 15-316
26    (weights), 15-318 (weights), and also excepting the

 

 

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1    following enumerated Sections of the Chicago Municipal
2    Code: Sections 27-245 (following fire apparatus), 27-254
3    (obstruction of traffic), 27-258 (driving vehicle which is
4    in unsafe condition), 27-259 (coasting on downgrade),
5    27-264 (use of horns and signal devices), 27-265
6    (obstruction to driver's view or driver mechanism), 27-267
7    (dimming of headlights), 27-268 (unattended motor
8    vehicle), 27-272 (illegal funeral procession), 27-273
9    (funeral procession on boulevard), 27-275 (driving freight
10    hauling vehicles on boulevard), 27-276 (stopping and
11    standing of buses or taxicabs), 27-277 (cruising of public
12    passenger vehicles), 27-305 (parallel parking), 27-306
13    (diagonal parking), 27-307 (parking not to obstruct
14    traffic), 27-308 (stopping, standing or parking
15    regulated), 27-311 (parking regulations), 27-312 (parking
16    regulations), 27-313 (parking regulations), 27-314
17    (parking regulations), 27-315 (parking regulations),
18    27-316 (parking regulations), 27-317 (parking
19    regulations), 27-318 (parking regulations), 27-319
20    (parking regulations), 27-320 (parking regulations),
21    27-321 (parking regulations), 27-322 (parking
22    regulations), 27-324 (loading and unloading at an angle),
23    27-333 (wheel and axle loads), 27-334 (load restrictions
24    in the downtown district), 27-335 (load restrictions in
25    residential areas), 27-338 (width of vehicles), 27-339
26    (height of vehicles), 27-340 (length of vehicles), 27-352

 

 

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1    (reflectors on trailers), 27-353 (mufflers), 27-354
2    (display of plates), 27-355 (display of city vehicle tax
3    sticker), 27-357 (identification of vehicles), 27-358
4    (projecting of loads), and also excepting the following
5    enumerated paragraphs of Section 2-201 of the Rules and
6    Regulations of the Illinois State Toll Highway Authority:
7    (l) (driving unsafe vehicle on tollway), (m) (vehicles
8    transporting dangerous cargo not properly indicated), it
9    shall be the duty of the clerk of the court in which such
10    conviction is had within 5 days thereafter to forward to
11    the Secretary of State a report of the conviction and the
12    court may recommend the suspension of the driver's license
13    or permit of the person so convicted.
14        The reporting requirements of this subsection shall
15    apply to all violations stated in paragraphs (1) and (2)
16    of this subsection when the individual has been
17    adjudicated under the Juvenile Court Act or the Juvenile
18    Court Act of 1987. Such reporting requirements shall also
19    apply to individuals adjudicated under the Juvenile Court
20    Act or the Juvenile Court Act of 1987 who have committed a
21    violation of Section 11-501 of this Code, or similar
22    provision of a local ordinance, or Section 9-3 of the
23    Criminal Code of 1961 or the Criminal Code of 2012,
24    relating to the offense of reckless homicide, or Section
25    5-7 of the Snowmobile Registration and Safety Act or
26    Section 5-16 of the Boat Registration and Safety Act,

 

 

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1    relating to the offense of operating a snowmobile or a
2    watercraft while under the influence of alcohol, other
3    drug or drugs, intoxicating compound or compounds, or
4    combination thereof. These reporting requirements also
5    apply to individuals adjudicated under the Juvenile Court
6    Act of 1987 based on any offense determined to have been
7    committed in furtherance of the criminal activities of an
8    organized gang, as provided in Section 5-710 of that Act,
9    if those activities involved the operation or use of a
10    motor vehicle. It shall be the duty of the clerk of the
11    court in which adjudication is had within 5 days
12    thereafter to forward to the Secretary of State a report
13    of the adjudication and the court order requiring the
14    Secretary of State to suspend the minor's driver's license
15    and driving privilege for such time as determined by the
16    court, but only until he or she attains the age of 18
17    years. All juvenile court dispositions reported to the
18    Secretary of State under this provision shall be processed
19    by the Secretary of State as if the cases had been
20    adjudicated in traffic or criminal court. However,
21    information reported relative to the offense of reckless
22    homicide, or Section 11-501 of this Code, or a similar
23    provision of a local ordinance, shall be privileged and
24    available only to the Secretary of State, courts, and
25    police officers.
26        The reporting requirements of this subsection (a)

 

 

HB2337- 136 -LRB103 05867 HEP 50888 b

1    apply to all violations listed in paragraphs (1) and (2)
2    of this subsection (a), excluding parking violations, when
3    the driver holds a CLP or CDL, regardless of the type of
4    vehicle in which the violation occurred, or when any
5    driver committed the violation in a commercial motor
6    vehicle as defined in Section 6-500 of this Code.
7        (3) Whenever an order is entered vacating the
8    forfeiture of any bail, security or bond given to secure
9    appearance for any offense under this Code or similar
10    offenses under municipal ordinance, it shall be the duty
11    of the clerk of the court in which such vacation was had or
12    the judge of such court if such court has no clerk, within
13    5 days thereafter to forward to the Secretary of State a
14    report of the vacation. Whenever an order is entered
15    revoking pretrial release given to secure appearance for
16    any offense under this Code or similar offenses under
17    municipal ordinance, it shall be the duty of the clerk of
18    the court in which such revocation was had or the judge of
19    such court if such court has no clerk, within 5 days
20    thereafter to forward to the Secretary of State a report
21    of the revocation.
22        (4) A report of any disposition of court supervision
23    for a violation of Sections 6-303, 11-401, 11-501 or a
24    similar provision of a local ordinance, 11-503, 11-504,
25    and 11-506 of this Code, Section 5-7 of the Snowmobile
26    Registration and Safety Act, and Section 5-16 of the Boat

 

 

HB2337- 137 -LRB103 05867 HEP 50888 b

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

 

 

HB2337- 138 -LRB103 05867 HEP 50888 b

1    State's Attorneys to enforce the requirements of this
2    Section.
3    (b) Whenever a restricted driving permit is forwarded to a
4court, as a result of confiscation by a police officer
5pursuant to the authority in Section 6-113(f), it shall be the
6duty of the clerk, or judge, if the court has no clerk, to
7forward such restricted driving permit and a facsimile of the
8officer's citation to the Secretary of State as expeditiously
9as practicable.
10    (c) For the purposes of this Code, a forfeiture of bail or
11collateral deposited to secure a defendant's appearance in
12court when forfeiture has not been vacated, or the failure of a
13defendant to appear for trial after depositing his driver's
14license in lieu of other bail, shall be equivalent to a
15conviction. For the purposes of this Code, a revocation of
16pretrial release that has not been vacated, or the failure of a
17defendant to appear for trial after depositing his driver's
18license, shall be equivalent to a conviction.
19    (d) For the purpose of providing the Secretary of State
20with records necessary to properly monitor and assess driver
21performance and assist the courts in the proper disposition of
22repeat traffic law offenders, the clerk of the court shall
23forward to the Secretary of State, on a form prescribed by the
24Secretary, records of a driver's participation in a driver
25remedial or rehabilitative program which was required, through
26a court order or court supervision, in relation to the

 

 

HB2337- 139 -LRB103 05867 HEP 50888 b

1driver's arrest for a violation of Section 11-501 of this Code
2or a similar provision of a local ordinance. The clerk of the
3court shall also forward to the Secretary, either on paper or
4in an electronic format or a computer processible medium as
5required under paragraph (5) of subsection (a) of this
6Section, any disposition of court supervision for any traffic
7violation, excluding those offenses listed in paragraph (2) of
8subsection (a) of this Section. These reports shall be sent
9within 5 days after disposition, or, if the driver is referred
10to a driver remedial or rehabilitative program, within 5 days
11of the driver's referral to that program. These reports
12received by the Secretary of State, including those required
13to be forwarded under paragraph (a)(4), shall be privileged
14information, available only (i) to the affected driver, (ii)
15to the parent or guardian of a person under the age of 18 years
16holding an instruction permit or a graduated driver's license,
17and (iii) for use by the courts, police officers, prosecuting
18authorities, the Secretary of State, and the driver licensing
19administrator of any other state. In accordance with 49 C.F.R.
20Part 384, all reports of court supervision, except violations
21related to parking, shall be forwarded to the Secretary of
22State for all holders of a CLP or CDL or any driver who commits
23an offense while driving a commercial motor vehicle. These
24reports shall be recorded to the driver's record as a
25conviction for use in the disqualification of the driver's
26commercial motor vehicle privileges and shall not be

 

 

HB2337- 140 -LRB103 05867 HEP 50888 b

1privileged information.
2(Source: P.A. 101-623, eff. 7-1-20; 101-652, eff. 1-1-23;
3102-1104, eff. 1-1-23.)
 
4    (625 ILCS 5/6-308)
5    Sec. 6-308. Procedures for traffic violations.
6    (a) Any person cited for violating this Code or a similar
7provision of a local ordinance for which a violation is a petty
8offense as defined by Section 5-1-17 of the Unified Code of
9Corrections, excluding business offenses as defined by Section
105-1-2 of the Unified Code of Corrections or a violation of
11Section 15-111 or subsection (d) of Section 3-401 of this
12Code, shall not be required to sign the citation or post bond
13to secure bail for his or her release. All other provisions of
14this Code or similar provisions of local ordinances shall be
15governed by the pretrial release bail provisions of the
16Illinois Supreme Court Rules when it is not practical or
17feasible to take the person before a judge to have conditions
18of pretrial release bail set or to avoid undue delay because of
19the hour or circumstances.
20    (b) Whenever a person fails to appear in court, the court
21may continue the case for a minimum of 30 days and the clerk of
22the court shall send notice of the continued court date to the
23person's last known address. If the person does not appear in
24court on or before the continued court date or satisfy the
25court that the person's appearance in and surrender to the

 

 

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1court is impossible for no fault of the person, the court shall
2enter an order of failure to appear. The clerk of the court
3shall notify the Secretary of State, on a report prescribed by
4the Secretary, of the court's order. The Secretary, when
5notified by the clerk of the court that an order of failure to
6appear has been entered, shall immediately suspend the
7person's driver's license, which shall be designated by the
8Secretary as a Failure to Appear suspension. The Secretary
9shall not remove the suspension, nor issue any permit or
10privileges to the person whose license has been suspended,
11until notified by the ordering court that the person has
12appeared and resolved the violation. Upon compliance, the
13clerk of the court shall present the person with a notice of
14compliance containing the seal of the court, and shall notify
15the Secretary that the person has appeared and resolved the
16violation.
17    (c) Illinois Supreme Court Rules shall govern pretrial
18release bail and appearance procedures when a person who is a
19resident of another state that is not a member of the
20Nonresident Violator Compact of 1977 is cited for violating
21this Code or a similar provision of a local ordinance.
22(Source: P.A. 100-674, eff. 1-1-19; 101-652.)
 
23    (625 ILCS 5/6-500)  (from Ch. 95 1/2, par. 6-500)
24    (Text of Section before amendment by P.A. 102-982)
25    Sec. 6-500. Definitions of words and phrases.

 

 

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1Notwithstanding the definitions set forth elsewhere in this
2Code, for purposes of the Uniform Commercial Driver's License
3Act (UCDLA), the words and phrases listed below have the
4meanings ascribed to them as follows:
5    (1) Alcohol. "Alcohol" means any substance containing any
6form of alcohol, including but not limited to ethanol,
7methanol, propanol, and isopropanol.
8    (2) Alcohol concentration. "Alcohol concentration" means:
9        (A) the number of grams of alcohol per 210 liters of
10    breath; or
11        (B) the number of grams of alcohol per 100 milliliters
12    of blood; or
13        (C) the number of grams of alcohol per 67 milliliters
14    of urine.
15    Alcohol tests administered within 2 hours of the driver
16being "stopped or detained" shall be considered that driver's
17"alcohol concentration" for the purposes of enforcing this
18UCDLA.
19    (3) (Blank).
20    (4) (Blank).
21    (5) (Blank).
22    (5.3) CDLIS driver record. "CDLIS driver record" means the
23electronic record of the individual CDL driver's status and
24history stored by the State-of-Record as part of the
25Commercial Driver's License Information System, or CDLIS,
26established under 49 U.S.C. 31309.

 

 

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

 

 

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

 

 

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

 

 

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1of guilty or nolo contendere accepted by the court; the
2payment of a fine or court cost regardless of whether the
3imposition of sentence is deferred and ultimately a judgment
4dismissing the underlying charge is entered; or a violation of
5a condition of release without bail, regardless of whether or
6not the penalty is rebated, suspended or probated.
7"Conviction" means an unvacated adjudication of guilt or a
8determination that a person has violated or failed to comply
9with the law in a court of original jurisdiction or by an
10authorized administrative tribunal; an unvacated revocation of
11pretrial release; a plea of guilty or nolo contendere accepted
12by the court; or the payment of a fine or court cost regardless
13of whether the imposition of sentence is deferred and
14ultimately a judgment dismissing the underlying charge is
15entered.
16    (8.5) Day. "Day" means calendar day.
17    (9) (Blank).
18    (10) (Blank).
19    (11) (Blank).
20    (12) (Blank).
21    (13) Driver. "Driver" means any person who drives,
22operates, or is in physical control of a commercial motor
23vehicle, any person who is required to hold a CDL, or any
24person who is a holder of a CDL while operating a
25non-commercial motor vehicle.
26    (13.5) Driver applicant. "Driver applicant" means an

 

 

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1individual who applies to a state or other jurisdiction to
2obtain, transfer, upgrade, or renew a CDL or to obtain or renew
3a CLP.
4    (13.8) Electronic device. "Electronic device" includes,
5but is not limited to, a cellular telephone, personal digital
6assistant, pager, computer, or any other device used to input,
7write, send, receive, or read text.
8    (14) Employee. "Employee" means a person who is employed
9as a commercial motor vehicle driver. A person who is
10self-employed as a commercial motor vehicle driver must comply
11with the requirements of this UCDLA pertaining to employees.
12An owner-operator on a long-term lease shall be considered an
13employee.
14    (15) Employer. "Employer" means a person (including the
15United States, a State or a local authority) who owns or leases
16a commercial motor vehicle or assigns employees to operate
17such a vehicle. A person who is self-employed as a commercial
18motor vehicle driver must comply with the requirements of this
19UCDLA.
20    (15.1) Endorsement. "Endorsement" means an authorization
21to an individual's CLP or CDL required to permit the
22individual to operate certain types of commercial motor
23vehicles.
24    (15.2) Entry-level driver training. "Entry-level driver
25training" means the training an entry-level driver receives
26from an entity listed on the Federal Motor Carrier Safety

 

 

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1Administration's Training Provider Registry prior to: (i)
2taking the CDL skills test required to receive the Class A or
3Class B CDL for the first time; (ii) taking the CDL skills test
4required to upgrade to a Class A or Class B CDL; or (iii)
5taking the CDL skills test required to obtain a passenger or
6school bus endorsement for the first time or the CDL knowledge
7test required to obtain a hazardous materials endorsement for
8the first time.
9    (15.3) Excepted interstate. "Excepted interstate" means a
10person who operates or expects to operate in interstate
11commerce, but engages exclusively in transportation or
12operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68,
13or 398.3 from all or part of the qualification requirements of
1449 C.F.R. Part 391 and is not required to obtain a medical
15examiner's certificate by 49 C.F.R. 391.45.
16    (15.5) Excepted intrastate. "Excepted intrastate" means a
17person who operates in intrastate commerce but engages
18exclusively in transportation or operations excepted from all
19or parts of the state driver qualification requirements.
20    (16) (Blank).
21    (16.5) Fatality. "Fatality" means the death of a person as
22a result of a motor vehicle accident.
23    (16.7) Foreign commercial driver. "Foreign commercial
24driver" means a person licensed to operate a commercial motor
25vehicle by an authority outside the United States, or a
26citizen of a foreign country who operates a commercial motor

 

 

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

 

 

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1renewal, or upgrade of a CLP or CDL and non-domiciled CLP or
2non-domiciled CDL.
3    (21) Long-term lease. "Long-term lease" means a lease of a
4commercial motor vehicle by the owner-lessor to a lessee, for
5a period of more than 29 days.
6    (21.01) Manual transmission. "Manual transmission" means a
7transmission utilizing a driver-operated clutch that is
8activated by a pedal or lever and a gear-shift mechanism
9operated either by hand or foot including those known as a
10stick shift, stick, straight drive, or standard transmission.
11All other transmissions, whether semi-automatic or automatic,
12shall be considered automatic for the purposes of the
13standardized restriction code.
14    (21.1) Medical examiner. "Medical examiner" means an
15individual certified by the Federal Motor Carrier Safety
16Administration and listed on the National Registry of
17Certified Medical Examiners in accordance with Federal Motor
18Carrier Safety Regulations, 49 CFR 390.101 et seq.
19    (21.2) Medical examiner's certificate. "Medical examiner's
20certificate" means either (1) prior to June 22, 2021, a
21document prescribed or approved by the Secretary of State that
22is issued by a medical examiner to a driver to medically
23qualify him or her to drive; or (2) beginning June 22, 2021, an
24electronic submission of results of an examination conducted
25by a medical examiner listed on the National Registry of
26Certified Medical Examiners to the Federal Motor Carrier

 

 

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1Safety Administration of a driver to medically qualify him or
2her to drive.
3    (21.5) Medical variance. "Medical variance" means a driver
4has received one of the following from the Federal Motor
5Carrier Safety Administration which allows the driver to be
6issued a medical certificate: (1) an exemption letter
7permitting operation of a commercial motor vehicle pursuant to
849 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a
9skill performance evaluation (SPE) certificate permitting
10operation of a commercial motor vehicle pursuant to 49 C.F.R.
11391.49.
12    (21.7) Mobile telephone. "Mobile telephone" means a mobile
13communication device that falls under or uses any commercial
14mobile radio service, as defined in regulations of the Federal
15Communications Commission, 47 CFR 20.3. It does not include
16two-way or citizens band radio services.
17    (22) Motor Vehicle. "Motor vehicle" means every vehicle
18which is self-propelled, and every vehicle which is propelled
19by electric power obtained from over head trolley wires but
20not operated upon rails, except vehicles moved solely by human
21power and motorized wheel chairs.
22    (22.2) Motor vehicle record. "Motor vehicle record" means
23a report of the driving status and history of a driver
24generated from the driver record provided to users, such as
25drivers or employers, and is subject to the provisions of the
26Driver Privacy Protection Act, 18 U.S.C. 2721-2725.

 

 

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1    (22.5) Non-CMV. "Non-CMV" means a motor vehicle or
2combination of motor vehicles not defined by the term
3"commercial motor vehicle" or "CMV" in this Section.
4    (22.7) Non-excepted interstate. "Non-excepted interstate"
5means a person who operates or expects to operate in
6interstate commerce, is subject to and meets the qualification
7requirements under 49 C.F.R. Part 391, and is required to
8obtain a medical examiner's certificate by 49 C.F.R. 391.45.
9    (22.8) Non-excepted intrastate. "Non-excepted intrastate"
10means a person who operates only in intrastate commerce and is
11subject to State driver qualification requirements.
12    (23) Non-domiciled CLP or Non-domiciled CDL.
13"Non-domiciled CLP" or "Non-domiciled CDL" means a CLP or CDL,
14respectively, issued by a state or other jurisdiction under
15either of the following two conditions:
16        (i) to an individual domiciled in a foreign country
17    meeting the requirements of Part 383.23(b)(1) of 49 C.F.R.
18    of the Federal Motor Carrier Safety Administration.
19        (ii) to an individual domiciled in another state
20    meeting the requirements of Part 383.23(b)(2) of 49 C.F.R.
21    of the Federal Motor Carrier Safety Administration.
22    (24) (Blank).
23    (25) (Blank).
24    (25.5) Railroad-Highway Grade Crossing Violation.
25"Railroad-highway grade crossing violation" means a violation,
26while operating a commercial motor vehicle, of any of the

 

 

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1following:
2        (A) Section 11-1201, 11-1202, or 11-1425 of this Code.
3        (B) Any other similar law or local ordinance of any
4    state relating to railroad-highway grade crossing.
5    (25.7) School Bus. "School bus" means a commercial motor
6vehicle used to transport pre-primary, primary, or secondary
7school students from home to school, from school to home, or to
8and from school-sponsored events. "School bus" does not
9include a bus used as a common carrier.
10    (26) Serious Traffic Violation. "Serious traffic
11violation" means:
12        (A) a conviction when operating a commercial motor
13    vehicle, or when operating a non-CMV while holding a CLP
14    or CDL, of:
15            (i) a violation relating to excessive speeding,
16        involving a single speeding charge of 15 miles per
17        hour or more above the legal speed limit; or
18            (ii) a violation relating to reckless driving; or
19            (iii) a violation of any State law or local
20        ordinance relating to motor vehicle traffic control
21        (other than parking violations) arising in connection
22        with a fatal traffic accident; or
23            (iv) a violation of Section 6-501, relating to
24        having multiple driver's licenses; or
25            (v) a violation of paragraph (a) of Section 6-507,
26        relating to the requirement to have a valid CLP or CDL;

 

 

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1        or
2            (vi) a violation relating to improper or erratic
3        traffic lane changes; or
4            (vii) a violation relating to following another
5        vehicle too closely; or
6            (viii) a violation relating to texting while
7        driving; or
8            (ix) a violation relating to the use of a
9        hand-held mobile telephone while driving; or
10        (B) any other similar violation of a law or local
11    ordinance of any state relating to motor vehicle traffic
12    control, other than a parking violation, which the
13    Secretary of State determines by administrative rule to be
14    serious.
15    (27) State. "State" means a state of the United States,
16the District of Columbia and any province or territory of
17Canada.
18    (28) (Blank).
19    (29) (Blank).
20    (30) (Blank).
21    (31) (Blank).
22    (32) Texting. "Texting" means manually entering
23alphanumeric text into, or reading text from, an electronic
24device.
25        (1) Texting includes, but is not limited to, short
26    message service, emailing, instant messaging, a command or

 

 

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1    request to access a World Wide Web page, pressing more
2    than a single button to initiate or terminate a voice
3    communication using a mobile telephone, or engaging in any
4    other form of electronic text retrieval or entry for
5    present or future communication.
6        (2) Texting does not include:
7            (i) inputting, selecting, or reading information
8        on a global positioning system or navigation system;
9        or
10            (ii) pressing a single button to initiate or
11        terminate a voice communication using a mobile
12        telephone; or
13            (iii) using a device capable of performing
14        multiple functions (for example, a fleet management
15        system, dispatching device, smart phone, citizens band
16        radio, or music player) for a purpose that is not
17        otherwise prohibited by Part 392 of the Federal Motor
18        Carrier Safety Regulations.
19    (32.3) Third party skills test examiner. "Third party
20skills test examiner" means a person employed by a third party
21tester who is authorized by the State to administer the CDL
22skills tests specified in 49 C.F.R. Part 383, subparts G and H.
23    (32.5) Third party tester. "Third party tester" means a
24person (including, but not limited to, another state, a motor
25carrier, a private driver training facility or other private
26institution, or a department, agency, or instrumentality of a

 

 

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1local government) authorized by the State to employ skills
2test examiners to administer the CDL skills tests specified in
349 C.F.R. Part 383, subparts G and H.
4    (32.7) United States. "United States" means the 50 states
5and the District of Columbia.
6    (33) Use a hand-held mobile telephone. "Use a hand-held
7mobile telephone" means:
8        (1) using at least one hand to hold a mobile telephone
9    to conduct a voice communication;
10        (2) dialing or answering a mobile telephone by
11    pressing more than a single button; or
12        (3) reaching for a mobile telephone in a manner that
13    requires a driver to maneuver so that he or she is no
14    longer in a seated driving position, restrained by a seat
15    belt that is installed in accordance with 49 CFR 393.93
16    and adjusted in accordance with the vehicle manufacturer's
17    instructions.
18(Source: P.A. 100-223, eff. 8-18-17; 101-185, eff. 1-1-20;
19101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
 
20    (Text of Section after amendment by P.A. 102-982)
21    Sec. 6-500. Definitions of words and phrases.
22Notwithstanding the definitions set forth elsewhere in this
23Code, for purposes of the Uniform Commercial Driver's License
24Act (UCDLA), the words and phrases listed below have the
25meanings ascribed to them as follows:

 

 

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1    (1) Alcohol. "Alcohol" means any substance containing any
2form of alcohol, including but not limited to ethanol,
3methanol, propanol, and isopropanol.
4    (2) Alcohol concentration. "Alcohol concentration" means:
5        (A) the number of grams of alcohol per 210 liters of
6    breath; or
7        (B) the number of grams of alcohol per 100 milliliters
8    of blood; or
9        (C) the number of grams of alcohol per 67 milliliters
10    of urine.
11    Alcohol tests administered within 2 hours of the driver
12being "stopped or detained" shall be considered that driver's
13"alcohol concentration" for the purposes of enforcing this
14UCDLA.
15    (3) (Blank).
16    (4) (Blank).
17    (5) (Blank).
18    (5.3) CDLIS driver record. "CDLIS driver record" means the
19electronic record of the individual CDL driver's status and
20history stored by the State-of-Record as part of the
21Commercial Driver's License Information System, or CDLIS,
22established under 49 U.S.C. 31309.
23    (5.5) CDLIS motor vehicle record. "CDLIS motor vehicle
24record" or "CDLIS MVR" means a report generated from the CDLIS
25driver record meeting the requirements for access to CDLIS
26information and provided by states to users authorized in 49

 

 

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1C.F.R. 384.225(e)(3) and (4), subject to the provisions of the
2Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
3    (5.7) Commercial driver's license downgrade. "Commercial
4driver's license downgrade" or "CDL downgrade" means either:
5        (A) a state allows the driver to change his or her
6    self-certification to interstate, but operating
7    exclusively in transportation or operation excepted from
8    49 C.F.R. Part 391, as provided in 49 C.F.R. 390.3(f),
9    391.2, 391.68, or 398.3;
10        (B) a state allows the driver to change his or her
11    self-certification to intrastate only, if the driver
12    qualifies under that state's physical qualification
13    requirements for intrastate only;
14        (C) a state allows the driver to change his or her
15    certification to intrastate, but operating exclusively in
16    transportation or operations excepted from all or part of
17    the state driver qualification requirements; or
18        (D) a state removes the CDL privilege from the driver
19    license.
20    (6) Commercial Motor Vehicle.
21        (A) "Commercial motor vehicle" or "CMV" means a motor
22    vehicle or combination of motor vehicles used in commerce,
23    except those referred to in subdivision (B), designed to
24    transport passengers or property if the motor vehicle:
25            (i) has a gross combination weight rating or gross
26        combination weight of 11,794 kilograms or more (26,001

 

 

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1        pounds or more), whichever is greater, inclusive of
2        any towed unit with a gross vehicle weight rating or
3        gross vehicle weight of more than 4,536 kilograms
4        (10,000 pounds), whichever is greater; or
5            (i-5) has a gross vehicle weight rating or gross
6        vehicle weight of 11,794 or more kilograms (26,001
7        pounds or more), whichever is greater; or
8            (ii) is designed to transport 16 or more persons,
9        including the driver; or
10            (iii) is of any size and is used in transporting
11        hazardous materials as defined in 49 C.F.R. 383.5.
12        (B) Pursuant to the interpretation of the Commercial
13    Motor Vehicle Safety Act of 1986 by the Federal Highway
14    Administration, the definition of "commercial motor
15    vehicle" does not include:
16            (i) recreational vehicles, when operated primarily
17        for personal use;
18            (ii) vehicles owned by or operated under the
19        direction of the United States Department of Defense
20        or the United States Coast Guard only when operated by
21        non-civilian personnel. This includes any operator on
22        active military duty; members of the Reserves;
23        National Guard; personnel on part-time training; and
24        National Guard military technicians (civilians who are
25        required to wear military uniforms and are subject to
26        the Code of Military Justice); or

 

 

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1            (iii) firefighting, police, and other emergency
2        equipment (including, without limitation, equipment
3        owned or operated by a HazMat or technical rescue team
4        authorized by a county board under Section 5-1127 of
5        the Counties Code), with audible and visual signals,
6        owned or operated by or for a governmental entity,
7        which is necessary to the preservation of life or
8        property or the execution of emergency governmental
9        functions which are normally not subject to general
10        traffic rules and regulations.
11    (7) Controlled Substance. "Controlled substance" shall
12have the same meaning as defined in Section 102 of the Illinois
13Controlled Substances Act, and shall also include cannabis as
14defined in Section 3 of the Cannabis Control Act and
15methamphetamine as defined in Section 10 of the
16Methamphetamine Control and Community Protection Act.
17    (8) Conviction. "Conviction" means an unvacated
18adjudication of guilt or a determination that a person has
19violated or failed to comply with the law in a court of
20original jurisdiction or by an authorized administrative
21tribunal; an unvacated forfeiture of bail or collateral
22deposited to secure the person's appearance in court; a plea
23of guilty or nolo contendere accepted by the court; the
24payment of a fine or court cost regardless of whether the
25imposition of sentence is deferred and ultimately a judgment
26dismissing the underlying charge is entered; or a violation of

 

 

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1a condition of release without bail, regardless of whether or
2not the penalty is rebated, suspended or probated.
3"Conviction" means an unvacated adjudication of guilt or a
4determination that a person has violated or failed to comply
5with the law in a court of original jurisdiction or by an
6authorized administrative tribunal; an unvacated revocation of
7pretrial release; a plea of guilty or nolo contendere accepted
8by the court; or the payment of a fine or court cost regardless
9of whether the imposition of sentence is deferred and
10ultimately a judgment dismissing the underlying charge is
11entered.
12    (8.5) Day. "Day" means calendar day.
13    (9) (Blank).
14    (10) (Blank).
15    (11) (Blank).
16    (12) (Blank).
17    (13) Driver. "Driver" means any person who drives,
18operates, or is in physical control of a commercial motor
19vehicle, any person who is required to hold a CDL, or any
20person who is a holder of a CDL while operating a
21non-commercial motor vehicle.
22    (13.5) Driver applicant. "Driver applicant" means an
23individual who applies to a state or other jurisdiction to
24obtain, transfer, upgrade, or renew a CDL or to obtain or renew
25a CLP.
26    (13.8) Electronic device. "Electronic device" includes,

 

 

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1but is not limited to, a cellular telephone, personal digital
2assistant, pager, computer, or any other device used to input,
3write, send, receive, or read text.
4    (14) Employee. "Employee" means a person who is employed
5as a commercial motor vehicle driver. A person who is
6self-employed as a commercial motor vehicle driver must comply
7with the requirements of this UCDLA pertaining to employees.
8An owner-operator on a long-term lease shall be considered an
9employee.
10    (15) Employer. "Employer" means a person (including the
11United States, a State or a local authority) who owns or leases
12a commercial motor vehicle or assigns employees to operate
13such a vehicle. A person who is self-employed as a commercial
14motor vehicle driver must comply with the requirements of this
15UCDLA.
16    (15.1) Endorsement. "Endorsement" means an authorization
17to an individual's CLP or CDL required to permit the
18individual to operate certain types of commercial motor
19vehicles.
20    (15.2) Entry-level driver training. "Entry-level driver
21training" means the training an entry-level driver receives
22from an entity listed on the Federal Motor Carrier Safety
23Administration's Training Provider Registry prior to: (i)
24taking the CDL skills test required to receive the Class A or
25Class B CDL for the first time; (ii) taking the CDL skills test
26required to upgrade to a Class A or Class B CDL; or (iii)

 

 

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1taking the CDL skills test required to obtain a passenger or
2school bus endorsement for the first time or the CDL knowledge
3test required to obtain a hazardous materials endorsement for
4the first time.
5    (15.3) Excepted interstate. "Excepted interstate" means a
6person who operates or expects to operate in interstate
7commerce, but engages exclusively in transportation or
8operations excepted under 49 C.F.R. 390.3(f), 391.2, 391.68,
9or 398.3 from all or part of the qualification requirements of
1049 C.F.R. Part 391 and is not required to obtain a medical
11examiner's certificate by 49 C.F.R. 391.45.
12    (15.5) Excepted intrastate. "Excepted intrastate" means a
13person who operates in intrastate commerce but engages
14exclusively in transportation or operations excepted from all
15or parts of the state driver qualification requirements.
16    (16) (Blank).
17    (16.5) Fatality. "Fatality" means the death of a person as
18a result of a motor vehicle crash.
19    (16.7) Foreign commercial driver. "Foreign commercial
20driver" means a person licensed to operate a commercial motor
21vehicle by an authority outside the United States, or a
22citizen of a foreign country who operates a commercial motor
23vehicle in the United States.
24    (17) Foreign jurisdiction. "Foreign jurisdiction" means a
25sovereign jurisdiction that does not fall within the
26definition of "State".

 

 

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

 

 

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1a period of more than 29 days.
2    (21.01) Manual transmission. "Manual transmission" means a
3transmission utilizing a driver-operated clutch that is
4activated by a pedal or lever and a gear-shift mechanism
5operated either by hand or foot including those known as a
6stick shift, stick, straight drive, or standard transmission.
7All other transmissions, whether semi-automatic or automatic,
8shall be considered automatic for the purposes of the
9standardized restriction code.
10    (21.1) Medical examiner. "Medical examiner" means an
11individual certified by the Federal Motor Carrier Safety
12Administration and listed on the National Registry of
13Certified Medical Examiners in accordance with Federal Motor
14Carrier Safety Regulations, 49 CFR 390.101 et seq.
15    (21.2) Medical examiner's certificate. "Medical examiner's
16certificate" means either (1) prior to June 22, 2021, a
17document prescribed or approved by the Secretary of State that
18is issued by a medical examiner to a driver to medically
19qualify him or her to drive; or (2) beginning June 22, 2021, an
20electronic submission of results of an examination conducted
21by a medical examiner listed on the National Registry of
22Certified Medical Examiners to the Federal Motor Carrier
23Safety Administration of a driver to medically qualify him or
24her to drive.
25    (21.5) Medical variance. "Medical variance" means a driver
26has received one of the following from the Federal Motor

 

 

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1Carrier Safety Administration which allows the driver to be
2issued a medical certificate: (1) an exemption letter
3permitting operation of a commercial motor vehicle pursuant to
449 C.F.R. Part 381, Subpart C or 49 C.F.R. 391.64; or (2) a
5skill performance evaluation (SPE) certificate permitting
6operation of a commercial motor vehicle pursuant to 49 C.F.R.
7391.49.
8    (21.7) Mobile telephone. "Mobile telephone" means a mobile
9communication device that falls under or uses any commercial
10mobile radio service, as defined in regulations of the Federal
11Communications Commission, 47 CFR 20.3. It does not include
12two-way or citizens band radio services.
13    (22) Motor Vehicle. "Motor vehicle" means every vehicle
14which is self-propelled, and every vehicle which is propelled
15by electric power obtained from over head trolley wires but
16not operated upon rails, except vehicles moved solely by human
17power and motorized wheel chairs.
18    (22.2) Motor vehicle record. "Motor vehicle record" means
19a report of the driving status and history of a driver
20generated from the driver record provided to users, such as
21drivers or employers, and is subject to the provisions of the
22Driver Privacy Protection Act, 18 U.S.C. 2721-2725.
23    (22.5) Non-CMV. "Non-CMV" means a motor vehicle or
24combination of motor vehicles not defined by the term
25"commercial motor vehicle" or "CMV" in this Section.
26    (22.7) Non-excepted interstate. "Non-excepted interstate"

 

 

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

 

 

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1    (25.7) School Bus. "School bus" means a commercial motor
2vehicle used to transport pre-primary, primary, or secondary
3school students from home to school, from school to home, or to
4and from school-sponsored events. "School bus" does not
5include a bus used as a common carrier.
6    (26) Serious Traffic Violation. "Serious traffic
7violation" means:
8        (A) a conviction when operating a commercial motor
9    vehicle, or when operating a non-CMV while holding a CLP
10    or CDL, of:
11            (i) a violation relating to excessive speeding,
12        involving a single speeding charge of 15 miles per
13        hour or more above the legal speed limit; or
14            (ii) a violation relating to reckless driving; or
15            (iii) a violation of any State law or local
16        ordinance relating to motor vehicle traffic control
17        (other than parking violations) arising in connection
18        with a fatal traffic crash; or
19            (iv) a violation of Section 6-501, relating to
20        having multiple driver's licenses; or
21            (v) a violation of paragraph (a) of Section 6-507,
22        relating to the requirement to have a valid CLP or CDL;
23        or
24            (vi) a violation relating to improper or erratic
25        traffic lane changes; or
26            (vii) a violation relating to following another

 

 

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

 

 

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1    present or future communication.
2        (2) Texting does not include:
3            (i) inputting, selecting, or reading information
4        on a global positioning system or navigation system;
5        or
6            (ii) pressing a single button to initiate or
7        terminate a voice communication using a mobile
8        telephone; or
9            (iii) using a device capable of performing
10        multiple functions (for example, a fleet management
11        system, dispatching device, smart phone, citizens band
12        radio, or music player) for a purpose that is not
13        otherwise prohibited by Part 392 of the Federal Motor
14        Carrier Safety Regulations.
15    (32.3) Third party skills test examiner. "Third party
16skills test examiner" means a person employed by a third party
17tester who is authorized by the State to administer the CDL
18skills tests specified in 49 C.F.R. Part 383, subparts G and H.
19    (32.5) Third party tester. "Third party tester" means a
20person (including, but not limited to, another state, a motor
21carrier, a private driver training facility or other private
22institution, or a department, agency, or instrumentality of a
23local government) authorized by the State to employ skills
24test examiners to administer the CDL skills tests specified in
2549 C.F.R. Part 383, subparts G and H.
26    (32.7) United States. "United States" means the 50 states

 

 

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1and the District of Columbia.
2    (33) Use a hand-held mobile telephone. "Use a hand-held
3mobile telephone" means:
4        (1) using at least one hand to hold a mobile telephone
5    to conduct a voice communication;
6        (2) dialing or answering a mobile telephone by
7    pressing more than a single button; or
8        (3) reaching for a mobile telephone in a manner that
9    requires a driver to maneuver so that he or she is no
10    longer in a seated driving position, restrained by a seat
11    belt that is installed in accordance with 49 CFR 393.93
12    and adjusted in accordance with the vehicle manufacturer's
13    instructions.
14(Source: P.A. 101-185, eff. 1-1-20; 101-652, eff. 1-1-23;
15102-982, eff. 7-1-23; 102-1104, eff. 1-1-23.)
 
16    (625 ILCS 5/6-601)  (from Ch. 95 1/2, par. 6-601)
17    Sec. 6-601. Penalties.
18    (a) It is a petty offense for any person to violate any of
19the provisions of this Chapter unless such violation is by
20this Code or other law of this State declared to be a
21misdemeanor or a felony.
22    (b) General penalties. Unless another penalty is in this
23Code or other laws of this State, every person convicted of a
24petty offense for the violation of any provision of this
25Chapter shall be punished by a fine of not more than $500.

 

 

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1    (c) Unlicensed driving. Except as hereinafter provided a
2violation of Section 6-101 shall be:
3        1. A Class A misdemeanor if the person failed to
4    obtain a driver's license or permit after expiration of a
5    period of revocation.
6        2. A Class B misdemeanor if the person has been issued
7    a driver's license or permit, which has expired, and if
8    the period of expiration is greater than one year; or if
9    the person has never been issued a driver's license or
10    permit, or is not qualified to obtain a driver's license
11    or permit because of his age.
12        3. A petty offense if the person has been issued a
13    temporary visitor's driver's license or permit and is
14    unable to provide proof of liability insurance as provided
15    in subsection (d-5) of Section 6-105.1.
16    If a licensee under this Code is convicted of violating
17Section 6-303 for operating a motor vehicle during a time when
18such licensee's driver's license was suspended under the
19provisions of Section 6-306.3 or 6-308, then such act shall be
20a petty offense (provided the licensee has answered the charge
21which was the basis of the suspension under Section 6-306.3 or
226-308), and there shall be imposed no additional like period
23of suspension as provided in paragraph (b) of Section 6-303.
24    (d) For violations of this Code or a similar provision of a
25local ordinance for which a violation is a petty offense as
26defined by Section 5-1-17 of the Unified Code of Corrections,

 

 

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1excluding business offenses as defined by Section 5-1-2 of the
2Unified Code of Corrections or a violation of Section 15-111
3or subsection (d) of Section 3-401 of this Code, if the
4violation may be satisfied without a court appearance, the
5violator may, pursuant to Supreme Court Rule, satisfy the case
6with a written plea of guilty and payment of fines, penalties,
7and costs as equal to the bail amount established by the
8Supreme Court for the offense.
9(Source: P.A. 97-1157, eff. 11-28-13; 98-870, eff. 1-1-15;
1098-1134, eff. 1-1-15; 101-652.)
 
11    (625 ILCS 5/16-103)  (from Ch. 95 1/2, par. 16-103)
12    Sec. 16-103. Arrest outside county where violation
13committed.
14    Whenever a defendant is arrested upon a warrant charging a
15violation of this Act in a county other than that in which such
16warrant was issued, the arresting officer, immediately upon
17the request of the defendant, shall take such defendant before
18a circuit judge or associate circuit judge in the county in
19which the arrest was made who shall admit the defendant to bail
20pretrial release for his appearance before the court named in
21the warrant. On taking such bail setting the conditions of
22pretrial release, the circuit judge or associate circuit judge
23shall certify such fact on the warrant and deliver the warrant
24and undertaking of bail or other security conditions of
25pretrial release, or the drivers license of such defendant if

 

 

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1deposited, under the law relating to such licenses, in lieu of
2such security, to the officer having charge of the defendant.
3Such officer shall then immediately discharge the defendant
4from arrest and without delay deliver such warrant and such
5undertaking of bail, or other security acknowledgment by the
6defendant of his or her receiving the conditions of pretrial
7release or drivers license to the court before which the
8defendant is required to appear.
9(Source: P.A. 101-652, eff. 1-1-23; 102-813, eff. 5-13-22.)
 
10    Section 1-175. The Illinois Vehicle Code is amended by
11changing Sections 6-209.1, 11-208.3, 11-208.6, 11-208.8,
1211-208.9, and 11-1201.1 as follows:
 
13    (625 ILCS 5/6-209.1)
14    Sec. 6-209.1. Restoration of driving privileges;
15revocation; suspension; cancellation.
16    (a) The Secretary shall rescind the suspension or
17cancellation of a person's driver's license that has been
18suspended or canceled before July 1, 2020 (the effective date
19of Public Act 101-623) due to:
20        (1) the person being convicted of theft of motor fuel
21    under Section Sections 16-25 or 16K-15 of the Criminal
22    Code of 1961 or the Criminal Code of 2012;
23        (2) the person, since the issuance of the driver's
24    license, being adjudged to be afflicted with or suffering

 

 

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

 

 

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1    Section 4-102 of this Code, if the person presents a
2    certified copy of a court order that includes a finding
3    that the person did not exercise actual physical control
4    of the vehicle at the time of the violation; or
5        (9) the person being convicted of criminal trespass to
6    vehicles under Section 21-2 of the Criminal Code of 2012,
7    if the person presents a certified copy of a court order
8    that includes a finding that the person did not exercise
9    actual physical control of the vehicle at the time of the
10    violation.
11    (b) As soon as practicable and no later than July 1, 2021,
12the Secretary shall rescind the suspension, cancellation, or
13prohibition of renewal of a person's driver's license that has
14been suspended, canceled, or whose renewal has been prohibited
15before the effective date of this amendatory Act of the 101st
16General Assembly due to the person having failed to pay any
17fine or penalty for traffic violations, automated traffic law
18enforcement system violations as defined in Sections 11-208.6,
19and 11-208.8, 11-208.9, and 11-1201.1, or abandoned vehicle
20fees.
21(Source: P.A. 101-623, eff. 7-1-20; 101-652, eff. 7-1-21;
22102-558, eff. 8-20-21.)
 
23    (625 ILCS 5/11-208.3)  (from Ch. 95 1/2, par. 11-208.3)
24    Sec. 11-208.3. Administrative adjudication of violations
25of traffic regulations concerning the standing, parking, or

 

 

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1condition of vehicles, automated traffic law violations, and
2automated speed enforcement system violations.
3    (a) Any municipality or county may provide by ordinance
4for a system of administrative adjudication of vehicular
5standing and parking violations and vehicle compliance
6violations as described in this subsection, automated traffic
7law violations as defined in Section 11-208.6, 11-208.9, or
811-1201.1, and automated speed enforcement system violations
9as defined in Section 11-208.8. The administrative system
10shall have as its purpose the fair and efficient enforcement
11of municipal or county regulations through the administrative
12adjudication of automated speed enforcement system or
13automated traffic law violations and violations of municipal
14or county ordinances regulating the standing and parking of
15vehicles, the condition and use of vehicle equipment, and the
16display of municipal or county wheel tax licenses within the
17municipality's or county's borders. The administrative system
18shall only have authority to adjudicate civil offenses
19carrying fines not in excess of $500 or requiring the
20completion of a traffic education program, or both, that occur
21after the effective date of the ordinance adopting such a
22system under this Section. For purposes of this Section,
23"compliance violation" means a violation of a municipal or
24county regulation governing the condition or use of equipment
25on a vehicle or governing the display of a municipal or county
26wheel tax license.

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1    or 11-1201.1 or a local ordinance must be reviewed and
2    approved by a law enforcement officer or retired law
3    enforcement officer of the municipality or county issuing
4    the violation or by an additional fully trained reviewing
5    technician who is not employed by the contractor who
6    employs the technician who made the initial determination.
7    In the case of an automated speed enforcement system
8    violation, the ordinance shall require a determination by
9    a technician employed by the municipality, based upon an
10    inspection of recorded images, video or other
11    documentation, including documentation of the speed limit
12    and automated speed enforcement signage, and documentation
13    of the inspection, calibration, and certification of the
14    speed equipment, that the vehicle was being operated in
15    violation of Article VI of Chapter 11 of this Code or a
16    similar local ordinance. If the technician determines that
17    the vehicle speed was not determined by a calibrated,
18    certified speed equipment device based upon the speed
19    equipment documentation, or if the vehicle was an
20    emergency vehicle, a citation may not be issued. The
21    automated speed enforcement ordinance shall require that
22    all determinations by a technician that a violation
23    occurred be reviewed and approved by a law enforcement
24    officer or retired law enforcement officer of the
25    municipality issuing the violation or by an additional
26    fully trained reviewing technician who is not employed by

 

 

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

 

 

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

 

 

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1    11-208.6, 11-208.8, 11-208.9, or 11-1201.1 or a similar
2    local ordinance has been violated. The original or a
3    facsimile of the violation notice or, in the case of a
4    notice produced by a computerized device, a printed record
5    generated by the device showing the facts entered on the
6    notice, shall be retained by the traffic compliance
7    administrator, and shall be a record kept in the ordinary
8    course of business. A parking, standing, compliance,
9    automated speed enforcement system, or automated traffic
10    law violation notice issued, signed, and served in
11    accordance with this Section, a copy of the notice, or the
12    computer-generated record shall be prima facie correct and
13    shall be prima facie evidence of the correctness of the
14    facts shown on the notice. The notice, copy, or
15    computer-generated record shall be admissible in any
16    subsequent 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.

 

 

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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:

 

 

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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

 

 

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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 license for

 

 

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

 

 

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1    recorded in a United States Post Office approved database.
2        (7) Final determinations of violation liability. A
3    final determination of violation liability shall occur
4    following failure to complete the required traffic
5    education program or to pay the fine or penalty, or both,
6    after a hearing officer's determination of violation
7    liability and the exhaustion of or failure to exhaust any
8    administrative review procedures provided by ordinance.
9    Where a person fails to appear at a hearing to contest the
10    alleged violation in the time and manner specified in a
11    prior mailed notice, the hearing officer's determination
12    of violation liability shall become final: (A) upon denial
13    of a timely petition to set aside that determination, or
14    (B) upon expiration of the period for filing the petition
15    without a filing having been made.
16        (8) A petition to set aside a determination of
17    parking, standing, compliance, automated speed enforcement
18    system, or automated traffic law violation liability that
19    may be filed by a person owing an unpaid fine or penalty. A
20    petition to set aside a determination of liability may
21    also be filed by a person required to complete a traffic
22    education program. The petition shall be filed with and
23    ruled upon by the traffic compliance administrator in the
24    manner and within the time specified by ordinance. The
25    grounds for the petition may be limited to: (A) the person
26    not having been the owner or lessee of the cited vehicle on

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1education program under this Section who provides proof of
2eligibility for the federal earned income tax credit under
3Section 32 of the Internal Revenue Code or the Illinois earned
4income tax credit under Section 212 of the Illinois Income Tax
5Act shall not be required to pay any fee for participating in a
6required traffic education program.
7    (h) Notwithstanding any other provision of law to the
8contrary, a person shall not be liable for violations, fees,
9fines, or penalties under this Section during the period in
10which the motor vehicle was stolen or hijacked, as indicated
11in a report to the appropriate law enforcement agency filed in
12a timely manner.
13(Source: P.A. 101-32, eff. 6-28-19; 101-623, eff. 7-1-20;
14101-652, eff. 7-1-21; 102-558, eff. 8-20-21; 102-905, eff.
151-1-23.)
 
16    (625 ILCS 5/11-208.6)
17    (Text of Section before amendment by P.A. 102-982)
18    Sec. 11-208.6. Automated traffic law enforcement system.
19    (a) As used in this Section, "automated traffic law
20enforcement system" means a device with one or more motor
21vehicle sensors working in conjunction with a red light signal
22to produce recorded images of motor vehicles entering an
23intersection against a red signal indication in violation of
24Section 11-306 of this Code or a similar provision of a local
25ordinance.

 

 

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1    An automated traffic law enforcement system is a system,
2in a municipality or county operated by a governmental agency,
3that produces a recorded image of a motor vehicle's violation
4of a provision of this Code or a local ordinance and is
5designed to obtain a clear recorded image of the vehicle and
6the vehicle's license plate. The recorded image must also
7display the time, date, and location of the violation.
8    (b) As used in this Section, "recorded images" means
9images recorded by an automated traffic law enforcement system
10on:
11        (1) 2 or more photographs;
12        (2) 2 or more microphotographs;
13        (3) 2 or more electronic images; or
14        (4) a video recording showing the motor vehicle and,
15    on at least one image or portion of the recording, clearly
16    identifying the registration plate or digital registration
17    plate number of the motor vehicle.
18    (b-5) A municipality or county that produces a recorded
19image of a motor vehicle's violation of a provision of this
20Code or a local ordinance must make the recorded images of a
21violation accessible to the alleged violator by providing the
22alleged violator with a website address, accessible through
23the Internet.
24    (c) Except as provided under Section 11-208.8 of this
25Code, a county or municipality, including a home rule county
26or municipality, may not use an automated traffic law

 

 

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1enforcement system to provide recorded images of a motor
2vehicle for the purpose of recording its speed. Except as
3provided under Section 11-208.8 of this Code, the regulation
4of the use of automated traffic law enforcement systems to
5record vehicle speeds is an exclusive power and function of
6the State. This subsection (c) is a denial and limitation of
7home rule powers and functions under subsection (h) of Section
86 of Article VII of the Illinois Constitution.
9    (c-5) A county or municipality, including a home rule
10county or municipality, may not use an automated traffic law
11enforcement system to issue violations in instances where the
12motor vehicle comes to a complete stop and does not enter the
13intersection, as defined by Section 1-132 of this Code, during
14the cycle of the red signal indication unless one or more
15pedestrians or bicyclists are present, even if the motor
16vehicle stops at a point past a stop line or crosswalk where a
17driver is required to stop, as specified in subsection (c) of
18Section 11-306 of this Code or a similar provision of a local
19ordinance.
20    (c-6) A county, or a municipality with less than 2,000,000
21inhabitants, including a home rule county or municipality, may
22not use an automated traffic law enforcement system to issue
23violations in instances where a motorcyclist enters an
24intersection against a red signal indication when the red
25signal fails to change to a green signal within a reasonable
26period of time not less than 120 seconds because of a signal

 

 

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1malfunction or because the signal has failed to detect the
2arrival of the motorcycle due to the motorcycle's size or
3weight.
4    (d) For each violation of a provision of this Code or a
5local ordinance recorded by an automatic traffic law
6enforcement system, the county or municipality having
7jurisdiction shall issue a written notice of the violation to
8the registered owner of the vehicle as the alleged violator.
9The notice shall be delivered to the registered owner of the
10vehicle, by mail, within 30 days after the Secretary of State
11notifies the municipality or county of the identity of the
12owner of the vehicle, but in no event later than 90 days after
13the violation.
14    The notice shall include:
15        (1) the name and address of the registered owner of
16    the vehicle;
17        (2) the registration number of the motor vehicle
18    involved in the violation;
19        (3) the violation charged;
20        (4) the location where the violation occurred;
21        (5) the date and time of the violation;
22        (6) a copy of the recorded images;
23        (7) the amount of the civil penalty imposed and the
24    requirements of any traffic education program imposed and
25    the date by which the civil penalty should be paid and the
26    traffic education program should be completed;

 

 

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

 

 

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1enforcement system or the automated speed enforcement system
2under Section 11-208.8 of this Code. (Blank).
3    (f) Based on inspection of recorded images produced by an
4automated traffic law enforcement system, a notice alleging
5that the violation occurred shall be evidence of the facts
6contained in the notice and admissible in any proceeding
7alleging a violation under this Section.
8    (g) Recorded images made by an automatic traffic law
9enforcement system are confidential and shall be made
10available only to the alleged violator and governmental and
11law enforcement agencies for purposes of adjudicating a
12violation of this Section, for statistical purposes, or for
13other governmental purposes. Any recorded image evidencing a
14violation of this Section, however, may be admissible in any
15proceeding resulting from the issuance of the citation.
16    (h) The court or hearing officer may consider in defense
17of a violation:
18        (1) that the motor vehicle or registration plates or
19    digital registration plates of the motor vehicle were
20    stolen before the violation occurred and not under the
21    control of or in the possession of the owner or lessee at
22    the time of the violation;
23        (1.5) that the motor vehicle was hijacked before the
24    violation occurred and not under the control of or in the
25    possession of the owner or lessee at the time of the
26    violation;

 

 

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1        (2) that the driver of the vehicle passed through the
2    intersection when the light was red either (i) in order to
3    yield the right-of-way to an emergency vehicle or (ii) as
4    part of a funeral procession; and
5        (3) any other evidence or issues provided by municipal
6    or county ordinance.
7    (i) To demonstrate that the motor vehicle was hijacked or
8the motor vehicle or registration plates or digital
9registration plates were stolen before the violation occurred
10and were not under the control or possession of the owner or
11lessee at the time of the violation, the owner or lessee must
12submit proof that a report concerning the motor vehicle or
13registration plates was filed with a law enforcement agency in
14a timely manner.
15    (j) Unless the driver of the motor vehicle received a
16Uniform Traffic Citation from a police officer at the time of
17the violation, the motor vehicle owner is subject to a civil
18penalty not exceeding $100 or the completion of a traffic
19education program, or both, plus an additional penalty of not
20more than $100 for failure to pay the original penalty or to
21complete a required traffic education program, or both, in a
22timely manner, if the motor vehicle is recorded by an
23automated traffic law enforcement system. A violation for
24which a civil penalty is imposed under this Section is not a
25violation of a traffic regulation governing the movement of
26vehicles and may not be recorded on the driving record of the

 

 

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1owner of the vehicle.
2    (j-3) A registered owner who is a holder of a valid
3commercial driver's license is not required to complete a
4traffic education program.
5    (j-5) For purposes of the required traffic education
6program only, a registered owner may submit an affidavit to
7the court or hearing officer swearing that at the time of the
8alleged violation, the vehicle was in the custody and control
9of another person. The affidavit must identify the person in
10custody and control of the vehicle, including the person's
11name and current address. The person in custody and control of
12the vehicle at the time of the violation is required to
13complete the required traffic education program. If the person
14in custody and control of the vehicle at the time of the
15violation completes the required traffic education program,
16the registered owner of the vehicle is not required to
17complete a traffic education program.
18    (k) An intersection equipped with an automated traffic law
19enforcement system must be posted with a sign visible to
20approaching traffic indicating that the intersection is being
21monitored by an automated traffic law enforcement system.
22    (k-3) A municipality or county that has one or more
23intersections equipped with an automated traffic law
24enforcement system must provide notice to drivers by posting
25the locations of automated traffic law systems on the
26municipality or county website.

 

 

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1    (k-5) An intersection equipped with an automated traffic
2law enforcement system must have a yellow change interval that
3conforms with the Illinois Manual on Uniform Traffic Control
4Devices (IMUTCD) published by the Illinois Department of
5Transportation.
6    (k-7) A municipality or county operating an automated
7traffic law enforcement system shall conduct a statistical
8analysis to assess the safety impact of each automated traffic
9law enforcement system at an intersection following
10installation of the system. The statistical analysis shall be
11based upon the best available crash, traffic, and other data,
12and shall cover a period of time before and after installation
13of the system sufficient to provide a statistically valid
14comparison of safety impact. The statistical analysis shall be
15consistent with professional judgment and acceptable industry
16practice. The statistical analysis also shall be consistent
17with the data required for valid comparisons of before and
18after conditions and shall be conducted within a reasonable
19period following the installation of the automated traffic law
20enforcement system. The statistical analysis required by this
21subsection (k-7) shall be made available to the public and
22shall be published on the website of the municipality or
23county. If the statistical analysis for the 36-month 36 month
24period following installation of the system indicates that
25there has been an increase in the rate of accidents at the
26approach to the intersection monitored by the system, the

 

 

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1municipality or county shall undertake additional studies to
2determine the cause and severity of the accidents, and may
3take any action that it determines is necessary or appropriate
4to reduce the number or severity of the accidents at that
5intersection.
6    (l) The compensation paid for an automated traffic law
7enforcement system must be based on the value of the equipment
8or the services provided and may not be based on the number of
9traffic citations issued or the revenue generated by the
10system.
11    (m) This Section applies only to the counties of Cook,
12DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
13to municipalities located within those counties.
14    (n) The fee for participating in a traffic education
15program under this Section shall not exceed $25.
16    A low-income individual required to complete a traffic
17education program under this Section who provides proof of
18eligibility for the federal earned income tax credit under
19Section 32 of the Internal Revenue Code or the Illinois earned
20income tax credit under Section 212 of the Illinois Income Tax
21Act shall not be required to pay any fee for participating in a
22required traffic education program.
23    (o) A municipality or county shall make a certified report
24to the Secretary of State pursuant to Section 6-306.5 of this
25Code whenever a registered owner of a vehicle has failed to pay
26any fine or penalty due and owing as a result of a combination

 

 

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1of 5 offenses for automated traffic law or speed enforcement
2system violations. (Blank).
3    (p) No person who is the lessor of a motor vehicle pursuant
4to a written lease agreement shall be liable for an automated
5speed or traffic law enforcement system violation involving
6such motor vehicle during the period of the lease; provided
7that upon the request of the appropriate authority received
8within 120 days after the violation occurred, the lessor
9provides within 60 days after such receipt the name and
10address of the lessee. The drivers license number of a lessee
11may be subsequently individually requested by the appropriate
12authority if needed for enforcement of this Section.
13    Upon the provision of information by the lessor pursuant
14to this subsection, the county or municipality may issue the
15violation to the lessee of the vehicle in the same manner as it
16would issue a violation to a registered owner of a vehicle
17pursuant to this Section, and the lessee may be held liable for
18the violation.
19(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21;
20102-905, eff. 1-1-23; revised 12-14-22.)
 
21    (Text of Section after amendment by P.A. 102-982)
22    Sec. 11-208.6. Automated traffic law enforcement system.
23    (a) As used in this Section, "automated traffic law
24enforcement system" means a device with one or more motor
25vehicle sensors working in conjunction with a red light signal

 

 

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1to produce recorded images of motor vehicles entering an
2intersection against a red signal indication in violation of
3Section 11-306 of this Code or a similar provision of a local
4ordinance.
5    An automated traffic law enforcement system is a system,
6in a municipality or county operated by a governmental agency,
7that produces a recorded image of a motor vehicle's violation
8of a provision of this Code or a local ordinance and is
9designed to obtain a clear recorded image of the vehicle and
10the vehicle's license plate. The recorded image must also
11display the time, date, and location of the violation.
12    (b) As used in this Section, "recorded images" means
13images recorded by an automated traffic law enforcement system
14on:
15        (1) 2 or more photographs;
16        (2) 2 or more microphotographs;
17        (3) 2 or more electronic images; or
18        (4) a video recording showing the motor vehicle and,
19    on at least one image or portion of the recording, clearly
20    identifying the registration plate or digital registration
21    plate number of the motor vehicle.
22    (b-5) A municipality or county that produces a recorded
23image of a motor vehicle's violation of a provision of this
24Code or a local ordinance must make the recorded images of a
25violation accessible to the alleged violator by providing the
26alleged violator with a website address, accessible through

 

 

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1the Internet.
2    (c) Except as provided under Section 11-208.8 of this
3Code, a county or municipality, including a home rule county
4or municipality, may not use an automated traffic law
5enforcement system to provide recorded images of a motor
6vehicle for the purpose of recording its speed. Except as
7provided under Section 11-208.8 of this Code, the regulation
8of the use of automated traffic law enforcement systems to
9record vehicle speeds is an exclusive power and function of
10the State. This subsection (c) is a denial and limitation of
11home rule powers and functions under subsection (h) of Section
126 of Article VII of the Illinois Constitution.
13    (c-5) A county or municipality, including a home rule
14county or municipality, may not use an automated traffic law
15enforcement system to issue violations in instances where the
16motor vehicle comes to a complete stop and does not enter the
17intersection, as defined by Section 1-132 of this Code, during
18the cycle of the red signal indication unless one or more
19pedestrians or bicyclists are present, even if the motor
20vehicle stops at a point past a stop line or crosswalk where a
21driver is required to stop, as specified in subsection (c) of
22Section 11-306 of this Code or a similar provision of a local
23ordinance.
24    (c-6) A county, or a municipality with less than 2,000,000
25inhabitants, including a home rule county or municipality, may
26not use an automated traffic law enforcement system to issue

 

 

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1violations in instances where a motorcyclist enters an
2intersection against a red signal indication when the red
3signal fails to change to a green signal within a reasonable
4period of time not less than 120 seconds because of a signal
5malfunction or because the signal has failed to detect the
6arrival of the motorcycle due to the motorcycle's size or
7weight.
8    (d) For each violation of a provision of this Code or a
9local ordinance recorded by an automatic traffic law
10enforcement system, the county or municipality having
11jurisdiction shall issue a written notice of the violation to
12the registered owner of the vehicle as the alleged violator.
13The notice shall be delivered to the registered owner of the
14vehicle, by mail, within 30 days after the Secretary of State
15notifies the municipality or county of the identity of the
16owner of the vehicle, but in no event later than 90 days after
17the violation.
18    The notice shall include:
19        (1) the name and address of the registered owner of
20    the vehicle;
21        (2) the registration number of the motor vehicle
22    involved in the violation;
23        (3) the violation charged;
24        (4) the location where the violation occurred;
25        (5) the date and time of the violation;
26        (6) a copy of the recorded images;

 

 

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1        (7) the amount of the civil penalty imposed and the
2    requirements of any traffic education program imposed and
3    the date by which the civil penalty should be paid and the
4    traffic education program should be completed;
5        (8) a statement that recorded images are evidence of a
6    violation of a red light signal;
7        (9) a warning that failure to pay the civil penalty,
8    to complete a required traffic education program, or to
9    contest liability in a timely manner is an admission of
10    liability and may result in a suspension of the driving
11    privileges of the registered owner of the vehicle;
12        (10) a statement that the person may elect to proceed
13    by:
14            (A) paying the fine, completing a required traffic
15        education program, or both; or
16            (B) challenging the charge in court, by mail, or
17        by administrative hearing; and
18        (11) a website address, accessible through the
19    Internet, where the person may view the recorded images of
20    the violation.
21    (e) If a person charged with a traffic violation, as a
22result of an automated traffic law enforcement system, does
23not pay the fine or complete a required traffic education
24program, or both, or successfully contest the civil penalty
25resulting from that violation, the Secretary of State shall
26suspend the driving privileges of the registered owner of the

 

 

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1vehicle under Section 6-306.5 of this Code for failing to
2complete a required traffic education program or to pay any
3fine or penalty due and owing, or both, as a result of a
4combination of 5 violations of the automated traffic law
5enforcement system or the automated speed enforcement system
6under Section 11-208.8 of this Code. (Blank).
7    (f) Based on inspection of recorded images produced by an
8automated traffic law enforcement system, a notice alleging
9that the violation occurred shall be evidence of the facts
10contained in the notice and admissible in any proceeding
11alleging a violation under this Section.
12    (g) Recorded images made by an automatic traffic law
13enforcement system are confidential and shall be made
14available only to the alleged violator and governmental and
15law enforcement agencies for purposes of adjudicating a
16violation of this Section, for statistical purposes, or for
17other governmental purposes. Any recorded image evidencing a
18violation of this Section, however, may be admissible in any
19proceeding resulting from the issuance of the citation.
20    (h) The court or hearing officer may consider in defense
21of a violation:
22        (1) that the motor vehicle or registration plates or
23    digital registration plates of the motor vehicle were
24    stolen before the violation occurred and not under the
25    control of or in the possession of the owner or lessee at
26    the time of the violation;

 

 

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1        (1.5) that the motor vehicle was hijacked before the
2    violation occurred and not under the control of or in the
3    possession of the owner or lessee at the time of the
4    violation;
5        (2) that the driver of the vehicle passed through the
6    intersection when the light was red either (i) in order to
7    yield the right-of-way to an emergency vehicle or (ii) as
8    part of a funeral procession; and
9        (3) any other evidence or issues provided by municipal
10    or county ordinance.
11    (i) To demonstrate that the motor vehicle was hijacked or
12the motor vehicle or registration plates or digital
13registration plates were stolen before the violation occurred
14and were not under the control or possession of the owner or
15lessee at the time of the violation, the owner or lessee must
16submit proof that a report concerning the motor vehicle or
17registration plates was filed with a law enforcement agency in
18a timely manner.
19    (j) Unless the driver of the motor vehicle received a
20Uniform Traffic Citation from a police officer at the time of
21the violation, the motor vehicle owner is subject to a civil
22penalty not exceeding $100 or the completion of a traffic
23education program, or both, plus an additional penalty of not
24more than $100 for failure to pay the original penalty or to
25complete a required traffic education program, or both, in a
26timely manner, if the motor vehicle is recorded by an

 

 

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1automated traffic law enforcement system. A violation for
2which a civil penalty is imposed under this Section is not a
3violation of a traffic regulation governing the movement of
4vehicles and may not be recorded on the driving record of the
5owner of the vehicle.
6    (j-3) A registered owner who is a holder of a valid
7commercial driver's license is not required to complete a
8traffic education program.
9    (j-5) For purposes of the required traffic education
10program only, a registered owner may submit an affidavit to
11the court or hearing officer swearing that at the time of the
12alleged violation, the vehicle was in the custody and control
13of another person. The affidavit must identify the person in
14custody and control of the vehicle, including the person's
15name and current address. The person in custody and control of
16the vehicle at the time of the violation is required to
17complete the required traffic education program. If the person
18in custody and control of the vehicle at the time of the
19violation completes the required traffic education program,
20the registered owner of the vehicle is not required to
21complete a traffic education program.
22    (k) An intersection equipped with an automated traffic law
23enforcement system must be posted with a sign visible to
24approaching traffic indicating that the intersection is being
25monitored by an automated traffic law enforcement system.
26    (k-3) A municipality or county that has one or more

 

 

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1intersections equipped with an automated traffic law
2enforcement system must provide notice to drivers by posting
3the locations of automated traffic law systems on the
4municipality or county website.
5    (k-5) An intersection equipped with an automated traffic
6law enforcement system must have a yellow change interval that
7conforms with the Illinois Manual on Uniform Traffic Control
8Devices (IMUTCD) published by the Illinois Department of
9Transportation.
10    (k-7) A municipality or county operating an automated
11traffic law enforcement system shall conduct a statistical
12analysis to assess the safety impact of each automated traffic
13law enforcement system at an intersection following
14installation of the system. The statistical analysis shall be
15based upon the best available crash, traffic, and other data,
16and shall cover a period of time before and after installation
17of the system sufficient to provide a statistically valid
18comparison of safety impact. The statistical analysis shall be
19consistent with professional judgment and acceptable industry
20practice. The statistical analysis also shall be consistent
21with the data required for valid comparisons of before and
22after conditions and shall be conducted within a reasonable
23period following the installation of the automated traffic law
24enforcement system. The statistical analysis required by this
25subsection (k-7) shall be made available to the public and
26shall be published on the website of the municipality or

 

 

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1county. If the statistical analysis for the 36-month 36 month
2period following installation of the system indicates that
3there has been an increase in the rate of crashes at the
4approach to the intersection monitored by the system, the
5municipality or county shall undertake additional studies to
6determine the cause and severity of the crashes, and may take
7any action that it determines is necessary or appropriate to
8reduce the number or severity of the crashes at that
9intersection.
10    (l) The compensation paid for an automated traffic law
11enforcement system must be based on the value of the equipment
12or the services provided and may not be based on the number of
13traffic citations issued or the revenue generated by the
14system.
15    (m) This Section applies only to the counties of Cook,
16DuPage, Kane, Lake, Madison, McHenry, St. Clair, and Will and
17to municipalities located within those counties.
18    (n) The fee for participating in a traffic education
19program under this Section shall not exceed $25.
20    A low-income individual required to complete a traffic
21education program under this Section who provides proof of
22eligibility for the federal earned income tax credit under
23Section 32 of the Internal Revenue Code or the Illinois earned
24income tax credit under Section 212 of the Illinois Income Tax
25Act shall not be required to pay any fee for participating in a
26required traffic education program.

 

 

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1    (o) A municipality or county shall make a certified report
2to the Secretary of State pursuant to Section 6-306.5 of this
3Code whenever a registered owner of a vehicle has failed to pay
4any fine or penalty due and owing as a result of a combination
5of 5 offenses for automated traffic law or speed enforcement
6system violations. (Blank).
7    (p) No person who is the lessor of a motor vehicle pursuant
8to a written lease agreement shall be liable for an automated
9speed or traffic law enforcement system violation involving
10such motor vehicle during the period of the lease; provided
11that upon the request of the appropriate authority received
12within 120 days after the violation occurred, the lessor
13provides within 60 days after such receipt the name and
14address of the lessee. The drivers license number of a lessee
15may be subsequently individually requested by the appropriate
16authority if needed for enforcement of this Section.
17    Upon the provision of information by the lessor pursuant
18to this subsection, the county or municipality may issue the
19violation to the lessee of the vehicle in the same manner as it
20would issue a violation to a registered owner of a vehicle
21pursuant to this Section, and the lessee may be held liable for
22the violation.
23(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21;
24102-905, eff. 1-1-23; 102-982, eff. 7-1-23; revised 12-14-22.)
 
25    (625 ILCS 5/11-208.8)

 

 

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1    Sec. 11-208.8. Automated speed enforcement systems in
2safety zones.
3    (a) As used in this Section:
4    "Automated speed enforcement system" means a photographic
5device, radar device, laser device, or other electrical or
6mechanical device or devices installed or utilized in a safety
7zone and designed to record the speed of a vehicle and obtain a
8clear photograph or other recorded image of the vehicle and
9the vehicle's registration plate or digital registration plate
10while the driver is violating Article VI of Chapter 11 of this
11Code or a similar provision of a local ordinance.
12    An automated speed enforcement system is a system, located
13in a safety zone which is under the jurisdiction of a
14municipality, that produces a recorded image of a motor
15vehicle's violation of a provision of this Code or a local
16ordinance and is designed to obtain a clear recorded image of
17the vehicle and the vehicle's license plate. The recorded
18image must also display the time, date, and location of the
19violation.
20    "Owner" means the person or entity to whom the vehicle is
21registered.
22    "Recorded image" means images recorded by an automated
23speed enforcement system on:
24        (1) 2 or more photographs;
25        (2) 2 or more microphotographs;
26        (3) 2 or more electronic images; or

 

 

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1        (4) a video recording showing the motor vehicle and,
2    on at least one image or portion of the recording, clearly
3    identifying the registration plate or digital registration
4    plate number of the motor vehicle.
5    "Safety zone" means an area that is within one-eighth of a
6mile from the nearest property line of any public or private
7elementary or secondary school, or from the nearest property
8line of any facility, area, or land owned by a school district
9that is used for educational purposes approved by the Illinois
10State Board of Education, not including school district
11headquarters or administrative buildings. A safety zone also
12includes an area that is within one-eighth of a mile from the
13nearest property line of any facility, area, or land owned by a
14park district used for recreational purposes. However, if any
15portion of a roadway is within either one-eighth mile radius,
16the safety zone also shall include the roadway extended to the
17furthest portion of the next furthest intersection. The term
18"safety zone" does not include any portion of the roadway
19known as Lake Shore Drive or any controlled access highway
20with 8 or more lanes of traffic.
21    (a-5) The automated speed enforcement system shall be
22operational and violations shall be recorded only at the
23following times:
24        (i) if the safety zone is based upon the property line
25    of any facility, area, or land owned by a school district,
26    only on school days and no earlier than 6 a.m. and no later

 

 

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1    than 8:30 p.m. if the school day is during the period of
2    Monday through Thursday, or 9 p.m. if the school day is a
3    Friday; and
4        (ii) if the safety zone is based upon the property
5    line of any facility, area, or land owned by a park
6    district, no earlier than one hour prior to the time that
7    the facility, area, or land is open to the public or other
8    patrons, and no later than one hour after the facility,
9    area, or land is closed to the public or other patrons.
10    (b) A municipality that produces a recorded image of a
11motor vehicle's violation of a provision of this Code or a
12local ordinance must make the recorded images of a violation
13accessible to the alleged violator by providing the alleged
14violator with a website address, accessible through the
15Internet.
16    (c) Notwithstanding any penalties for any other violations
17of this Code, the owner of a motor vehicle used in a traffic
18violation recorded by an automated speed enforcement system
19shall be subject to the following penalties:
20        (1) if the recorded speed is no less than 6 miles per
21    hour and no more than 10 miles per hour over the legal
22    speed limit, a civil penalty not exceeding $50, plus an
23    additional penalty of not more than $50 for failure to pay
24    the original penalty in a timely manner; or
25        (2) if the recorded speed is more than 10 miles per
26    hour over the legal speed limit, a civil penalty not

 

 

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1    exceeding $100, plus an additional penalty of not more
2    than $100 for failure to pay the original penalty in a
3    timely manner.
4    A penalty may not be imposed under this Section if the
5driver of the motor vehicle received a Uniform Traffic
6Citation from a police officer for a speeding violation
7occurring within one-eighth of a mile and 15 minutes of the
8violation that was recorded by the system. A violation for
9which a civil penalty is imposed under this Section is not a
10violation of a traffic regulation governing the movement of
11vehicles and may not be recorded on the driving record of the
12owner of the vehicle. A law enforcement officer is not
13required to be present or to witness the violation. No penalty
14may be imposed under this Section if the recorded speed of a
15vehicle is 5 miles per hour or less over the legal speed limit.
16The municipality may send, in the same manner that notices are
17sent under this Section, a speed violation warning notice
18where the violation involves a speed of 5 miles per hour or
19less above the legal speed limit.
20    (d) The net proceeds that a municipality receives from
21civil penalties imposed under an automated speed enforcement
22system, after deducting all non-personnel and personnel costs
23associated with the operation and maintenance of such system,
24shall be expended or obligated by the municipality for the
25following purposes:
26        (i) public safety initiatives to ensure safe passage

 

 

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1    around schools, and to provide police protection and
2    surveillance around schools and parks, including but not
3    limited to: (1) personnel costs; and (2) non-personnel
4    costs such as construction and maintenance of public
5    safety infrastructure and equipment;
6        (ii) initiatives to improve pedestrian and traffic
7    safety;
8        (iii) construction and maintenance of infrastructure
9    within the municipality, including but not limited to
10    roads and bridges; and
11        (iv) after school programs.
12    (e) For each violation of a provision of this Code or a
13local ordinance recorded by an automated speed enforcement
14system, the municipality having jurisdiction shall issue a
15written notice of the violation to the registered owner of the
16vehicle as the alleged violator. The notice shall be delivered
17to the registered owner of the vehicle, by mail, within 30 days
18after the Secretary of State notifies the municipality of the
19identity of the owner of the vehicle, but in no event later
20than 90 days after the violation.
21    (f) The notice required under subsection (e) of this
22Section shall include:
23        (1) the name and address of the registered owner of
24    the vehicle;
25        (2) the registration number of the motor vehicle
26    involved in the violation;

 

 

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1        (3) the violation charged;
2        (4) the date, time, and location where the violation
3    occurred;
4        (5) a copy of the recorded image or images;
5        (6) the amount of the civil penalty imposed and the
6    date by which the civil penalty should be paid;
7        (7) a statement that recorded images are evidence of a
8    violation of a speed restriction;
9        (8) a warning that failure to pay the civil penalty or
10    to contest liability in a timely manner is an admission of
11    liability and may result in a suspension of the driving
12    privileges of the registered owner of the vehicle;
13        (9) a statement that the person may elect to proceed
14    by:
15            (A) paying the fine; or
16            (B) challenging the charge in court, by mail, or
17        by administrative hearing; and
18        (10) a website address, accessible through the
19    Internet, where the person may view the recorded images of
20    the violation.
21    (g) If a person charged with a traffic violation, as a
22result of an automated speed enforcement system, does not pay
23the fine or successfully contest the civil penalty resulting
24from that violation, the Secretary of State shall suspend the
25driving privileges of the registered owner of the vehicle
26under Section 6-306.5 of this Code for failing to pay any fine

 

 

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1or penalty due and owing, or both, as a result of a combination
2of 5 violations of the automated speed enforcement system or
3the automated traffic law under Section 11-208.6 of this Code.
4(Blank).
5    (h) Based on inspection of recorded images produced by an
6automated speed enforcement system, a notice alleging that the
7violation occurred shall be evidence of the facts contained in
8the notice and admissible in any proceeding alleging a
9violation under this Section.
10    (i) Recorded images made by an automated speed enforcement
11system are confidential and shall be made available only to
12the alleged violator and governmental and law enforcement
13agencies for purposes of adjudicating a violation of this
14Section, for statistical purposes, or for other governmental
15purposes. Any recorded image evidencing a violation of this
16Section, however, may be admissible in any proceeding
17resulting from the issuance of the citation.
18    (j) The court or hearing officer may consider in defense
19of a violation:
20        (1) that the motor vehicle or registration plates or
21    digital registration plates of the motor vehicle were
22    stolen before the violation occurred and not under the
23    control or in the possession of the owner or lessee at the
24    time of the violation;
25        (1.5) that the motor vehicle was hijacked before the
26    violation occurred and not under the control of or in the

 

 

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1    possession of the owner or lessee at the time of the
2    violation;
3        (2) that the driver of the motor vehicle received a
4    Uniform Traffic Citation from a police officer for a
5    speeding violation occurring within one-eighth of a mile
6    and 15 minutes of the violation that was recorded by the
7    system; and
8        (3) any other evidence or issues provided by municipal
9    ordinance.
10    (k) To demonstrate that the motor vehicle was hijacked or
11the motor vehicle or registration plates or digital
12registration plates were stolen before the violation occurred
13and were not under the control or possession of the owner or
14lessee at the time of the violation, the owner or lessee must
15submit proof that a report concerning the motor vehicle or
16registration plates was filed with a law enforcement agency in
17a timely manner.
18    (l) A roadway equipped with an automated speed enforcement
19system shall be posted with a sign conforming to the national
20Manual on Uniform Traffic Control Devices that is visible to
21approaching traffic stating that vehicle speeds are being
22photo-enforced and indicating the speed limit. The
23municipality shall install such additional signage as it
24determines is necessary to give reasonable notice to drivers
25as to where automated speed enforcement systems are installed.
26    (m) A roadway where a new automated speed enforcement

 

 

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1system is installed shall be posted with signs providing 30
2days notice of the use of a new automated speed enforcement
3system prior to the issuance of any citations through the
4automated speed enforcement system.
5    (n) The compensation paid for an automated speed
6enforcement system must be based on the value of the equipment
7or the services provided and may not be based on the number of
8traffic citations issued or the revenue generated by the
9system.
10    (o) A municipality shall make a certified report to the
11Secretary of State pursuant to Section 6-306.5 of this Code
12whenever a registered owner of a vehicle has failed to pay any
13fine or penalty due and owing as a result of a combination of 5
14offenses for automated speed or traffic law enforcement system
15violations. (Blank).
16    (p) No person who is the lessor of a motor vehicle pursuant
17to a written lease agreement shall be liable for an automated
18speed or traffic law enforcement system violation involving
19such motor vehicle during the period of the lease; provided
20that upon the request of the appropriate authority received
21within 120 days after the violation occurred, the lessor
22provides within 60 days after such receipt the name and
23address of the lessee. The drivers license number of a lessee
24may be subsequently individually requested by the appropriate
25authority if needed for enforcement of this Section.
26    Upon the provision of information by the lessor pursuant

 

 

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1to this subsection, the municipality may issue the violation
2to the lessee of the vehicle in the same manner as it would
3issue a violation to a registered owner of a vehicle pursuant
4to this Section, and the lessee may be held liable for the
5violation.
6    (q) A municipality using an automated speed enforcement
7system must provide notice to drivers by publishing the
8locations of all safety zones where system equipment is
9installed on the website of the municipality.
10    (r) A municipality operating an automated speed
11enforcement system shall conduct a statistical analysis to
12assess the safety impact of the system. The statistical
13analysis shall be based upon the best available crash,
14traffic, and other data, and shall cover a period of time
15before and after installation of the system sufficient to
16provide a statistically valid comparison of safety impact. The
17statistical analysis shall be consistent with professional
18judgment and acceptable industry practice. The statistical
19analysis also shall be consistent with the data required for
20valid comparisons of before and after conditions and shall be
21conducted within a reasonable period following the
22installation of the automated traffic law enforcement system.
23The statistical analysis required by this subsection shall be
24made available to the public and shall be published on the
25website of the municipality.
26    (s) This Section applies only to municipalities with a

 

 

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1population of 1,000,000 or more inhabitants.
2(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21;
3102-905, eff. 1-1-23.)
 
4    (625 ILCS 5/11-208.9)
5    (Text of Section before amendment by P.A. 102-982)
6    Sec. 11-208.9. Automated traffic law enforcement system;
7approaching, overtaking, and passing a school bus.
8    (a) As used in this Section, "automated traffic law
9enforcement system" means a device with one or more motor
10vehicle sensors working in conjunction with the visual signals
11on a school bus, as specified in Sections 12-803 and 12-805 of
12this Code, to produce recorded images of motor vehicles that
13fail to stop before meeting or overtaking, from either
14direction, any school bus stopped at any location for the
15purpose of receiving or discharging pupils in violation of
16Section 11-1414 of this Code or a similar provision of a local
17ordinance.
18    An automated traffic law enforcement system is a system,
19in a municipality or county operated by a governmental agency,
20that produces a recorded image of a motor vehicle's violation
21of a provision of this Code or a local ordinance and is
22designed to obtain a clear recorded image of the vehicle and
23the vehicle's license plate. The recorded image must also
24display the time, date, and location of the violation.
25    (b) As used in this Section, "recorded images" means

 

 

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1images recorded by an automated traffic law enforcement system
2on:
3        (1) 2 or more photographs;
4        (2) 2 or more microphotographs;
5        (3) 2 or more electronic images; or
6        (4) a video recording showing the motor vehicle and,
7    on at least one image or portion of the recording, clearly
8    identifying the registration plate or digital registration
9    plate number of the motor vehicle.
10    (c) A municipality or county that produces a recorded
11image of a motor vehicle's violation of a provision of this
12Code or a local ordinance must make the recorded images of a
13violation accessible to the alleged violator by providing the
14alleged violator with a website address, accessible through
15the Internet.
16    (d) For each violation of a provision of this Code or a
17local ordinance recorded by an automated traffic law
18enforcement system, the county or municipality having
19jurisdiction shall issue a written notice of the violation to
20the registered owner of the vehicle as the alleged violator.
21The notice shall be delivered to the registered owner of the
22vehicle, by mail, within 30 days after the Secretary of State
23notifies the municipality or county of the identity of the
24owner of the vehicle, but in no event later than 90 days after
25the violation.
26    (e) The notice required under subsection (d) shall

 

 

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1include:
2        (1) the name and address of the registered owner of
3    the vehicle;
4        (2) the registration number of the motor vehicle
5    involved in the violation;
6        (3) the violation charged;
7        (4) the location where the violation occurred;
8        (5) the date and time of the violation;
9        (6) a copy of the recorded images;
10        (7) the amount of the civil penalty imposed and the
11    date by which the civil penalty should be paid;
12        (8) a statement that recorded images are evidence of a
13    violation of overtaking or passing a school bus stopped
14    for the purpose of receiving or discharging pupils;
15        (9) a warning that failure to pay the civil penalty or
16    to contest liability in a timely manner is an admission of
17    liability and may result in a suspension of the driving
18    privileges of the registered owner of the vehicle;
19        (10) a statement that the person may elect to proceed
20    by:
21            (A) paying the fine; or
22            (B) challenging the charge in court, by mail, or
23        by administrative hearing; and
24        (11) a website address, accessible through the
25    Internet, where the person may view the recorded images of
26    the violation.

 

 

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1    (f) (Blank). If a person charged with a traffic violation,
2as a result of an automated traffic law enforcement system
3under this Section, does not pay the fine or successfully
4contest the civil penalty resulting from that violation, the
5Secretary of State shall suspend the driving privileges of the
6registered owner of the vehicle under Section 6-306.5 of this
7Code for failing to pay any fine or penalty due and owing as a
8result of a combination of 5 violations of the automated
9traffic law enforcement system or the automated speed
10enforcement system under Section 11-208.8 of this Code.
11    (g) Based on inspection of recorded images produced by an
12automated traffic law enforcement system, a notice alleging
13that the violation occurred shall be evidence of the facts
14contained in the notice and admissible in any proceeding
15alleging a violation under this Section.
16    (h) Recorded images made by an automated traffic law
17enforcement system are confidential and shall be made
18available only to the alleged violator and governmental and
19law enforcement agencies for purposes of adjudicating a
20violation of this Section, for statistical purposes, or for
21other governmental purposes. Any recorded image evidencing a
22violation of this Section, however, may be admissible in any
23proceeding resulting from the issuance of the citation.
24    (i) The court or hearing officer may consider in defense
25of a violation:
26        (1) that the motor vehicle or registration plates or

 

 

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1    digital registration plates of the motor vehicle were
2    stolen before the violation occurred and not under the
3    control of or in the possession of the owner or lessee at
4    the time of the violation;
5        (1.5) that the motor vehicle was hijacked before the
6    violation occurred and not under the control of or in the
7    possession of the owner or lessee at the time of the
8    violation;
9        (2) that the driver of the motor vehicle received a
10    Uniform Traffic Citation from a police officer for a
11    violation of Section 11-1414 of this Code within
12    one-eighth of a mile and 15 minutes of the violation that
13    was recorded by the system;
14        (3) that the visual signals required by Sections
15    12-803 and 12-805 of this Code were damaged, not
16    activated, not present in violation of Sections 12-803 and
17    12-805, or inoperable; and
18        (4) any other evidence or issues provided by municipal
19    or county ordinance.
20    (j) To demonstrate that the motor vehicle was hijacked or
21the motor vehicle or registration plates or digital
22registration plates were stolen before the violation occurred
23and were not under the control or possession of the owner or
24lessee at the time of the violation, the owner or lessee must
25submit proof that a report concerning the motor vehicle or
26registration plates was filed with a law enforcement agency in

 

 

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1a timely manner.
2    (k) Unless the driver of the motor vehicle received a
3Uniform Traffic Citation from a police officer at the time of
4the violation, the motor vehicle owner is subject to a civil
5penalty not exceeding $150 for a first time violation or $500
6for a second or subsequent violation, plus an additional
7penalty of not more than $100 for failure to pay the original
8penalty in a timely manner, if the motor vehicle is recorded by
9an automated traffic law enforcement system. A violation for
10which a civil penalty is imposed under this Section is not a
11violation of a traffic regulation governing the movement of
12vehicles and may not be recorded on the driving record of the
13owner of the vehicle, but may be recorded by the municipality
14or county for the purpose of determining if a person is subject
15to the higher fine for a second or subsequent offense.
16    (l) A school bus equipped with an automated traffic law
17enforcement system must be posted with a sign indicating that
18the school bus is being monitored by an automated traffic law
19enforcement system.
20    (m) A municipality or county that has one or more school
21buses equipped with an automated traffic law enforcement
22system must provide notice to drivers by posting a list of
23school districts using school buses equipped with an automated
24traffic law enforcement system on the municipality or county
25website. School districts that have one or more school buses
26equipped with an automated traffic law enforcement system must

 

 

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1provide notice to drivers by posting that information on their
2websites.
3    (n) A municipality or county operating an automated
4traffic law enforcement system shall conduct a statistical
5analysis to assess the safety impact in each school district
6using school buses equipped with an automated traffic law
7enforcement system following installation of the system. The
8statistical analysis shall be based upon the best available
9crash, traffic, and other data, and shall cover a period of
10time before and after installation of the system sufficient to
11provide a statistically valid comparison of safety impact. The
12statistical analysis shall be consistent with professional
13judgment and acceptable industry practice. The statistical
14analysis also shall be consistent with the data required for
15valid comparisons of before and after conditions and shall be
16conducted within a reasonable period following the
17installation of the automated traffic law enforcement system.
18The statistical analysis required by this subsection shall be
19made available to the public and shall be published on the
20website of the municipality or county. If the statistical
21analysis for the 36-month period following installation of the
22system indicates that there has been an increase in the rate of
23accidents at the approach to school buses monitored by the
24system, the municipality or county shall undertake additional
25studies to determine the cause and severity of the accidents,
26and may take any action that it determines is necessary or

 

 

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1appropriate to reduce the number or severity of the accidents
2involving school buses equipped with an automated traffic law
3enforcement system.
4    (o) The compensation paid for an automated traffic law
5enforcement system must be based on the value of the equipment
6or the services provided and may not be based on the number of
7traffic citations issued or the revenue generated by the
8system.
9    (p) No person who is the lessor of a motor vehicle pursuant
10to a written lease agreement shall be liable for an automated
11speed or traffic law enforcement system violation involving
12such motor vehicle during the period of the lease; provided
13that upon the request of the appropriate authority received
14within 120 days after the violation occurred, the lessor
15provides within 60 days after such receipt the name and
16address of the lessee. The drivers license number of a lessee
17may be subsequently individually requested by the appropriate
18authority if needed for enforcement of this Section.
19    Upon the provision of information by the lessor pursuant
20to this subsection, the county or municipality may issue the
21violation to the lessee of the vehicle in the same manner as it
22would issue a violation to a registered owner of a vehicle
23pursuant to this Section, and the lessee may be held liable for
24the violation.
25    (q) (Blank). A municipality or county shall make a
26certified report to the Secretary of State pursuant to Section

 

 

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16-306.5 of this Code whenever a registered owner of a vehicle
2has failed to pay any fine or penalty due and owing as a result
3of a combination of 5 offenses for automated traffic law or
4speed enforcement system violations.
5    (r) After a municipality or county enacts an ordinance
6providing for automated traffic law enforcement systems under
7this Section, each school district within that municipality or
8county's jurisdiction may implement an automated traffic law
9enforcement system under this Section. The elected school
10board for that district must approve the implementation of an
11automated traffic law enforcement system. The school district
12shall be responsible for entering into a contract, approved by
13the elected school board of that district, with vendors for
14the installation, maintenance, and operation of the automated
15traffic law enforcement system. The school district must enter
16into an intergovernmental agreement, approved by the elected
17school board of that district, with the municipality or county
18with jurisdiction over that school district for the
19administration of the automated traffic law enforcement
20system. The proceeds from a school district's automated
21traffic law enforcement system's fines shall be divided
22equally between the school district and the municipality or
23county administering the automated traffic law enforcement
24system.
25(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21;
26102-905, eff. 1-1-23.)
 

 

 

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1    (Text of Section after amendment by P.A. 102-982)
2    Sec. 11-208.9. Automated traffic law enforcement system;
3approaching, overtaking, and passing a school bus.
4    (a) As used in this Section, "automated traffic law
5enforcement system" means a device with one or more motor
6vehicle sensors working in conjunction with the visual signals
7on a school bus, as specified in Sections 12-803 and 12-805 of
8this Code, to produce recorded images of motor vehicles that
9fail to stop before meeting or overtaking, from either
10direction, any school bus stopped at any location for the
11purpose of receiving or discharging pupils in violation of
12Section 11-1414 of this Code or a similar provision of a local
13ordinance.
14    An automated traffic law enforcement system is a system,
15in a municipality or county operated by a governmental agency,
16that produces a recorded image of a motor vehicle's violation
17of a provision of this Code or a local ordinance and is
18designed to obtain a clear recorded image of the vehicle and
19the vehicle's license plate. The recorded image must also
20display the time, date, and location of the violation.
21    (b) As used in this Section, "recorded images" means
22images recorded by an automated traffic law enforcement system
23on:
24        (1) 2 or more photographs;
25        (2) 2 or more microphotographs;

 

 

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1        (3) 2 or more electronic images; or
2        (4) a video recording showing the motor vehicle and,
3    on at least one image or portion of the recording, clearly
4    identifying the registration plate or digital registration
5    plate number of the motor vehicle.
6    (c) A municipality or county that produces a recorded
7image of a motor vehicle's violation of a provision of this
8Code or a local ordinance must make the recorded images of a
9violation accessible to the alleged violator by providing the
10alleged violator with a website address, accessible through
11the Internet.
12    (d) For each violation of a provision of this Code or a
13local ordinance recorded by an automated traffic law
14enforcement system, the county or municipality having
15jurisdiction shall issue a written notice of the violation to
16the registered owner of the vehicle as the alleged violator.
17The notice shall be delivered to the registered owner of the
18vehicle, by mail, within 30 days after the Secretary of State
19notifies the municipality or county of the identity of the
20owner of the vehicle, but in no event later than 90 days after
21the violation.
22    (e) The notice required under subsection (d) shall
23include:
24        (1) the name and address of the registered owner of
25    the vehicle;
26        (2) the registration number of the motor vehicle

 

 

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1    involved in the violation;
2        (3) the violation charged;
3        (4) the location where the violation occurred;
4        (5) the date and time of the violation;
5        (6) a copy of the recorded images;
6        (7) the amount of the civil penalty imposed and the
7    date by which the civil penalty should be paid;
8        (8) a statement that recorded images are evidence of a
9    violation of overtaking or passing a school bus stopped
10    for the purpose of receiving or discharging pupils;
11        (9) a warning that failure to pay the civil penalty or
12    to contest liability in a timely manner is an admission of
13    liability and may result in a suspension of the driving
14    privileges of the registered owner of the vehicle;
15        (10) a statement that the person may elect to proceed
16    by:
17            (A) paying the fine; or
18            (B) challenging the charge in court, by mail, or
19        by administrative hearing; and
20        (11) a website address, accessible through the
21    Internet, where the person may view the recorded images of
22    the violation.
23    (f) (Blank). If a person charged with a traffic violation,
24as a result of an automated traffic law enforcement system
25under this Section, does not pay the fine or successfully
26contest the civil penalty resulting from that violation, the

 

 

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1Secretary of State shall suspend the driving privileges of the
2registered owner of the vehicle under Section 6-306.5 of this
3Code for failing to pay any fine or penalty due and owing as a
4result of a combination of 5 violations of the automated
5traffic law enforcement system or the automated speed
6enforcement system under Section 11-208.8 of this Code.
7    (g) Based on inspection of recorded images produced by an
8automated traffic law enforcement system, a notice alleging
9that the violation occurred shall be evidence of the facts
10contained in the notice and admissible in any proceeding
11alleging a violation under this Section.
12    (h) Recorded images made by an automated traffic law
13enforcement system are confidential and shall be made
14available only to the alleged violator and governmental and
15law enforcement agencies for purposes of adjudicating a
16violation of this Section, for statistical purposes, or for
17other governmental purposes. Any recorded image evidencing a
18violation of this Section, however, may be admissible in any
19proceeding resulting from the issuance of the citation.
20    (i) The court or hearing officer may consider in defense
21of a violation:
22        (1) that the motor vehicle or registration plates or
23    digital registration plates of the motor vehicle were
24    stolen before the violation occurred and not under the
25    control of or in the possession of the owner or lessee at
26    the time of the violation;

 

 

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1        (1.5) that the motor vehicle was hijacked before the
2    violation occurred and not under the control of or in the
3    possession of the owner or lessee at the time of the
4    violation;
5        (2) that the driver of the motor vehicle received a
6    Uniform Traffic Citation from a police officer for a
7    violation of Section 11-1414 of this Code within
8    one-eighth of a mile and 15 minutes of the violation that
9    was recorded by the system;
10        (3) that the visual signals required by Sections
11    12-803 and 12-805 of this Code were damaged, not
12    activated, not present in violation of Sections 12-803 and
13    12-805, or inoperable; and
14        (4) any other evidence or issues provided by municipal
15    or county ordinance.
16    (j) To demonstrate that the motor vehicle was hijacked or
17the motor vehicle or registration plates or digital
18registration plates were stolen before the violation occurred
19and were not under the control or possession of the owner or
20lessee at the time of the violation, the owner or lessee must
21submit proof that a report concerning the motor vehicle or
22registration plates was filed with a law enforcement agency in
23a timely manner.
24    (k) Unless the driver of the motor vehicle received a
25Uniform Traffic Citation from a police officer at the time of
26the violation, the motor vehicle owner is subject to a civil

 

 

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1penalty not exceeding $150 for a first time violation or $500
2for a second or subsequent violation, plus an additional
3penalty of not more than $100 for failure to pay the original
4penalty in a timely manner, if the motor vehicle is recorded by
5an automated traffic law enforcement system. A violation for
6which a civil penalty is imposed under this Section is not a
7violation of a traffic regulation governing the movement of
8vehicles and may not be recorded on the driving record of the
9owner of the vehicle, but may be recorded by the municipality
10or county for the purpose of determining if a person is subject
11to the higher fine for a second or subsequent offense.
12    (l) A school bus equipped with an automated traffic law
13enforcement system must be posted with a sign indicating that
14the school bus is being monitored by an automated traffic law
15enforcement system.
16    (m) A municipality or county that has one or more school
17buses equipped with an automated traffic law enforcement
18system must provide notice to drivers by posting a list of
19school districts using school buses equipped with an automated
20traffic law enforcement system on the municipality or county
21website. School districts that have one or more school buses
22equipped with an automated traffic law enforcement system must
23provide notice to drivers by posting that information on their
24websites.
25    (n) A municipality or county operating an automated
26traffic law enforcement system shall conduct a statistical

 

 

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1analysis to assess the safety impact in each school district
2using school buses equipped with an automated traffic law
3enforcement system following installation of the system. The
4statistical analysis shall be based upon the best available
5crash, traffic, and other data, and shall cover a period of
6time before and after installation of the system sufficient to
7provide a statistically valid comparison of safety impact. The
8statistical analysis shall be consistent with professional
9judgment and acceptable industry practice. The statistical
10analysis also shall be consistent with the data required for
11valid comparisons of before and after conditions and shall be
12conducted within a reasonable period following the
13installation of the automated traffic law enforcement system.
14The statistical analysis required by this subsection shall be
15made available to the public and shall be published on the
16website of the municipality or county. If the statistical
17analysis for the 36-month period following installation of the
18system indicates that there has been an increase in the rate of
19crashes at the approach to school buses monitored by the
20system, the municipality or county shall undertake additional
21studies to determine the cause and severity of the crashes,
22and may take any action that it determines is necessary or
23appropriate to reduce the number or severity of the crashes
24involving school buses equipped with an automated traffic law
25enforcement system.
26    (o) The compensation paid for an automated traffic law

 

 

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1enforcement system must be based on the value of the equipment
2or the services provided and may not be based on the number of
3traffic citations issued or the revenue generated by the
4system.
5    (p) No person who is the lessor of a motor vehicle pursuant
6to a written lease agreement shall be liable for an automated
7speed or traffic law enforcement system violation involving
8such motor vehicle during the period of the lease; provided
9that upon the request of the appropriate authority received
10within 120 days after the violation occurred, the lessor
11provides within 60 days after such receipt the name and
12address of the lessee. The drivers license number of a lessee
13may be subsequently individually requested by the appropriate
14authority if needed for enforcement of this Section.
15    Upon the provision of information by the lessor pursuant
16to this subsection, the county or municipality may issue the
17violation to the lessee of the vehicle in the same manner as it
18would issue a violation to a registered owner of a vehicle
19pursuant to this Section, and the lessee may be held liable for
20the violation.
21    (q) (Blank). A municipality or county shall make a
22certified report to the Secretary of State pursuant to Section
236-306.5 of this Code whenever a registered owner of a vehicle
24has failed to pay any fine or penalty due and owing as a result
25of a combination of 5 offenses for automated traffic law or
26speed enforcement system violations.

 

 

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1    (r) After a municipality or county enacts an ordinance
2providing for automated traffic law enforcement systems under
3this Section, each school district within that municipality or
4county's jurisdiction may implement an automated traffic law
5enforcement system under this Section. The elected school
6board for that district must approve the implementation of an
7automated traffic law enforcement system. The school district
8shall be responsible for entering into a contract, approved by
9the elected school board of that district, with vendors for
10the installation, maintenance, and operation of the automated
11traffic law enforcement system. The school district must enter
12into an intergovernmental agreement, approved by the elected
13school board of that district, with the municipality or county
14with jurisdiction over that school district for the
15administration of the automated traffic law enforcement
16system. The proceeds from a school district's automated
17traffic law enforcement system's fines shall be divided
18equally between the school district and the municipality or
19county administering the automated traffic law enforcement
20system.
21(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21;
22102-905, eff. 1-1-23; 102-982, eff. 7-1-23; revised 12-14-22.)
 
23    (625 ILCS 5/11-1201.1)
24    Sec. 11-1201.1. Automated railroad crossing enforcement
25system.

 

 

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1    (a) For the purposes of this Section, an automated
2railroad grade crossing enforcement system is a system in a
3municipality or county operated by a governmental agency that
4produces a recorded image of a motor vehicle's violation of a
5provision of this Code or local ordinance and is designed to
6obtain a clear recorded image of the vehicle and vehicle's
7license plate. The recorded image must also display the time,
8date, and location of the violation.
9    As used in this Section, "recorded images" means images
10recorded by an automated railroad grade crossing enforcement
11system on:
12        (1) 2 or more photographs;
13        (2) 2 or more microphotographs;
14        (3) 2 or more electronic images; or
15        (4) a video recording showing the motor vehicle and,
16    on at least one image or portion of the recording, clearly
17    identifying the registration plate or digital registration
18    plate number of the motor vehicle.
19    (b) The Illinois Commerce Commission may, in cooperation
20with a local law enforcement agency, establish in any county
21or municipality an automated railroad grade crossing
22enforcement system at any railroad grade crossing equipped
23with a crossing gate designated by local authorities. Local
24authorities desiring the establishment of an automated
25railroad crossing enforcement system must initiate the process
26by enacting a local ordinance requesting the creation of such

 

 

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1a system. After the ordinance has been enacted, and before any
2additional steps toward the establishment of the system are
3undertaken, the local authorities and the Commission must
4agree to a plan for obtaining, from any combination of
5federal, State, and local funding sources, the moneys required
6for the purchase and installation of any necessary equipment.
7    (b-1) (Blank).
8    (c) For each violation of Section 11-1201 of this Code or a
9local ordinance recorded by an automated railroad grade
10crossing enforcement system, the county or municipality having
11jurisdiction shall issue a written notice of the violation to
12the registered owner of the vehicle as the alleged violator.
13The notice shall be delivered to the registered owner of the
14vehicle, by mail, no later than 90 days after the violation.
15    The notice shall include:
16        (1) the name and address of the registered owner of
17    the vehicle;
18        (2) the registration number of the motor vehicle
19    involved in the violation;
20        (3) the violation charged;
21        (4) the location where the violation occurred;
22        (5) the date and time of the violation;
23        (6) a copy of the recorded images;
24        (7) the amount of the civil penalty imposed and the
25    date by which the civil penalty should be paid;
26        (8) a statement that recorded images are evidence of a

 

 

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1    violation of a railroad grade crossing;
2        (9) a warning that failure to pay the civil penalty or
3    to contest liability in a timely manner is an admission of
4    liability and may result in a suspension of the driving
5    privileges of the registered owner of the vehicle; and
6        (10) a statement that the person may elect to proceed
7    by:
8            (A) paying the fine; or
9            (B) challenging the charge in court, by mail, or
10        by administrative hearing.
11    (d) (Blank). If a person charged with a traffic violation,
12as a result of an automated railroad grade crossing
13enforcement system, does not pay or successfully contest the
14civil penalty resulting from that violation, the Secretary of
15State shall suspend the driving privileges of the registered
16owner of the vehicle under Section 6-306.5 of this Code for
17failing to pay any fine or penalty due and owing as a result of
185 violations of the automated railroad grade crossing
19enforcement system.
20    (d-1) (Blank).
21    (d-2) (Blank).
22    (e) Based on inspection of recorded images produced by an
23automated railroad grade crossing enforcement system, a notice
24alleging that the violation occurred shall be evidence of the
25facts contained in the notice and admissible in any proceeding
26alleging a violation under this Section.

 

 

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1    (e-1) Recorded images made by an automated railroad grade
2crossing enforcement 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    (e-2) The court or hearing officer may consider the
10following in the defense of 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 or lessee at
15    the time of the violation;
16        (1.5) that the motor vehicle was hijacked before the
17    violation occurred and not under the control of or in the
18    possession of the owner or lessee at the time of the
19    violation;
20        (2) that the driver of the motor vehicle received a
21    Uniform Traffic Citation from a police officer at the time
22    of the violation for the same offense;
23        (3) any other evidence or issues provided by municipal
24    or county ordinance.
25    (e-3) To demonstrate that the motor vehicle was hijacked
26or the motor vehicle or registration plates or digital

 

 

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1registration plates were stolen before the violation occurred
2and were not under the control or possession of the owner or
3lessee at the time of the violation, the owner or lessee must
4submit proof that a report concerning the motor vehicle or
5registration plates was filed with a law enforcement agency in
6a timely manner.
7    (f) Rail crossings equipped with an automatic railroad
8grade crossing enforcement system shall be posted with a sign
9visible to approaching traffic stating that the railroad grade
10crossing is being monitored, that citations will be issued,
11and the amount of the fine for violation.
12    (g) The compensation paid for an automated railroad grade
13crossing enforcement system must be based on the value of the
14equipment or the services provided and may not be based on the
15number of citations issued or the revenue generated by the
16system.
17    (h) (Blank).
18    (i) If any part or parts of this Section are held by a
19court of competent jurisdiction to be unconstitutional, the
20unconstitutionality shall not affect the validity of the
21remaining parts of this Section. The General Assembly hereby
22declares that it would have passed the remaining parts of this
23Section if it had known that the other part or parts of this
24Section would be declared unconstitutional.
25    (j) Penalty. A civil fine of $250 shall be imposed for a
26first violation of this Section, and a civil fine of $500 shall

 

 

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1be imposed for a second or subsequent violation of this
2Section.
3(Source: P.A. 101-395, eff. 8-16-19; 101-652, eff. 7-1-21;
4102-813, eff. 5-13-22; 102-905, eff. 1-1-23.)
 
5    Section 1-180. The Illinois Vehicle Code is amended by
6reenacting Sections 4-214.1 and 6-306.6 and by reenacting and
7amending Section 6-306.5 as follows:
 
8    (625 ILCS 5/4-214.1)
9    Sec. 4-214.1. Failure to pay fines, charges, and costs on
10an abandoned vehicle.    (a) Whenever any resident of this
11State fails to pay any fine, charge, or cost imposed for a
12violation of Section 4-201 of this Code, or a similar
13provision of a local ordinance, the clerk shall notify the
14Secretary of State, on a report prescribed by the Secretary,
15and the Secretary shall prohibit the renewal, reissue, or
16reinstatement of the resident's driving privileges until the
17fine, charge, or cost has been paid in full. The clerk shall
18provide notice to the owner, at the owner's last known address
19as shown on the court's records, stating that the action will
20be effective on the 46th day following the date of the above
21notice if payment is not received in full by the court of
22venue.
23    (b) Following receipt of the report from the clerk, the
24Secretary of State shall make the proper notation to the

 

 

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1owner's file to prohibit the renewal, reissue, or
2reinstatement of the owner's driving privileges. Except as
3provided in subsection (d) of this Section, the notation shall
4not be removed from the owner's record until the owner
5satisfies the outstanding fine, charge, or cost and an
6appropriate notice on a form prescribed by the Secretary is
7received by the Secretary from the court of venue, stating
8that the fine, charge, or cost has been paid in full. Upon
9payment in full of a fine, charge, or court cost which has
10previously been reported under this Section as unpaid, the
11clerk of the court shall present the owner with a signed
12receipt containing the seal of the court indicating that the
13fine, charge, or cost has been paid in full, and shall forward
14immediately to the Secretary of State a notice stating that
15the fine, charge, or cost has been paid in full.
16    (c) Notwithstanding the receipt of a report from the clerk
17as prescribed in subsection (a), nothing in this Section is
18intended to place any responsibility upon the Secretary of
19State to provide independent notice to the owner of any
20potential action to disallow the renewal, reissue, or
21reinstatement of the owner's driving privileges.
22    (d) The Secretary of State shall renew, reissue, or
23reinstate an owner's driving privileges which were previously
24refused under this Section upon presentation of an original
25receipt which is signed by the clerk of the court and contains
26the seal of the court indicating that the fine, charge, or cost

 

 

HB2337- 252 -LRB103 05867 HEP 50888 b

1has been paid in full. The Secretary of State shall retain the
2receipt for his or her records.
3(Source: P.A. 95-621, eff. 6-1-08.)
 
4    (625 ILCS 5/6-306.5)  (from Ch. 95 1/2, par. 6-306.5)
5    Sec. 6-306.5. Failure to pay fine or penalty for standing,
6parking, compliance, automated speed enforcement system, or
7automated traffic law violations; suspension of driving
8privileges.
9    (a) Upon receipt of a certified report, as prescribed by
10subsection (c) of this Section, from any municipality or
11county stating that the owner of a registered vehicle has
12failed to pay any fine or penalty due and owing as a result of
135 offenses for automated speed enforcement system violations
14or automated traffic violations as defined in Sections
1511-208.6, 11-208.8, 11-208.9, or 11-1201.1, or combination
16thereof, or (3) is more than 14 days in default of a payment
17plan pursuant to which a suspension had been terminated under
18subsection (c) of this Section, the Secretary of State shall
19suspend the driving privileges of such person in accordance
20with the procedures set forth in this Section. The Secretary
21shall also suspend the driving privileges of an owner of a
22registered vehicle upon receipt of a certified report, as
23prescribed by subsection (f) of this Section, from any
24municipality or county stating that such person has failed to
25satisfy any fines or penalties imposed by final judgments for

 

 

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15 or more automated speed enforcement system or automated
2traffic law violations, or combination thereof, after
3exhaustion of judicial review procedures.
4    (b) Following receipt of the certified report of the
5municipality or county as specified in this Section, the
6Secretary of State shall notify the person whose name appears
7on the certified report that the person's driver's drivers
8license will be suspended at the end of a specified period of
9time unless the Secretary of State is presented with a notice
10from the municipality or county certifying that the fine or
11penalty due and owing the municipality or county has been paid
12or that inclusion of that person's name on the certified
13report was in error. The Secretary's notice shall state in
14substance the information contained in the municipality's or
15county's certified report to the Secretary, and shall be
16effective as specified by subsection (c) of Section 6-211 of
17this Code.
18    (c) The report of the appropriate municipal or county
19official notifying the Secretary of State of unpaid fines or
20penalties pursuant to this Section shall be certified and
21shall contain the following:
22        (1) The name, last known address as recorded with the
23    Secretary of State, as provided by the lessor of the cited
24    vehicle at the time of lease, or as recorded in a United
25    States Post Office approved database if any notice sent
26    under Section 11-208.3 of this Code is returned as

 

 

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1    undeliverable, and driver's drivers license number of the
2    person who failed to pay the fine or penalty or who has
3    defaulted in a payment plan and the registration number of
4    any vehicle known to be registered to such person in this
5    State.
6        (2) The name of the municipality or county making the
7    report pursuant to this Section.
8        (3) A statement that the municipality or county sent a
9    notice of impending driver's drivers license suspension as
10    prescribed by ordinance enacted pursuant to Section
11    11-208.3 of this Code or a notice of default in a payment
12    plan, to the person named in the report at the address
13    recorded with the Secretary of State or at the last
14    address known to the lessor of the cited vehicle at the
15    time of lease or, if any notice sent under Section
16    11-208.3 of this Code is returned as undeliverable, at the
17    last known address recorded in a United States Post Office
18    approved database; the date on which such notice was sent;
19    and the address to which such notice was sent. In a
20    municipality or county with a population of 1,000,000 or
21    more, the report shall also include a statement that the
22    alleged violator's State vehicle registration number and
23    vehicle make, if specified on the automated speed
24    enforcement system violation or automated traffic law
25    violation notice, are correct as they appear on the
26    citations.

 

 

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1        (4) A unique identifying reference number for each
2    request of suspension sent whenever a person has failed to
3    pay the fine or penalty or has defaulted on a payment plan.
4    (d) Any municipality or county making a certified report
5to the Secretary of State pursuant to this Section shall
6notify the Secretary of State, in a form prescribed by the
7Secretary, whenever a person named in the certified report has
8paid the previously reported fine or penalty, whenever a
9person named in the certified report has entered into a
10payment plan pursuant to which the municipality or county has
11agreed to terminate the suspension, or whenever the
12municipality or county determines that the original report was
13in error. A certified copy of such notification shall also be
14given upon request and at no additional charge to the person
15named therein. Upon receipt of the municipality's or county's
16notification or presentation of a certified copy of such
17notification, the Secretary of State shall terminate the
18suspension.
19    (e) Any municipality or county making a certified report
20to the Secretary of State pursuant to this Section shall also
21by ordinance establish procedures for persons to challenge the
22accuracy of the certified report. The ordinance shall also
23state the grounds for such a challenge, which may be limited to
24(1) the person not having been the owner or lessee of the
25vehicle or vehicles receiving a combination of 5 or more
26automated speed enforcement system or automated traffic law

 

 

HB2337- 256 -LRB103 05867 HEP 50888 b

1violations on the date or dates such notices were issued; and
2(2) the person having already paid the fine or penalty for the
3combination of 5 or more automated speed enforcement system or
4automated traffic law violations indicated on the certified
5report.
6    (f) Any municipality or county, other than a municipality
7or county establishing automated speed enforcement system
8regulations under Section 11-208.8, or automated traffic law
9regulations under Section 11-208.6, 11-208.9, or 11-1201.1,
10may also cause a suspension of a person's driver's drivers
11license pursuant to this Section. Such municipality or county
12may invoke this sanction by making a certified report to the
13Secretary of State upon a person's failure to satisfy any fine
14or penalty imposed by final judgment for a combination of 5 or
15more automated speed enforcement system or automated traffic
16law violations after exhaustion of judicial review procedures,
17but only if:
18        (1) the municipality or county complies with the
19    provisions of this Section in all respects except in
20    regard to enacting an ordinance pursuant to Section
21    11-208.3;
22        (2) the municipality or county has sent a notice of
23    impending driver's drivers license suspension as
24    prescribed by an ordinance enacted pursuant to subsection
25    (g) of this Section; and
26        (3) in municipalities or counties with a population of

 

 

HB2337- 257 -LRB103 05867 HEP 50888 b

1    1,000,000 or more, the municipality or county has verified
2    that the alleged violator's State vehicle registration
3    number and vehicle make are correct as they appear on the
4    citations.
5    (g) Any municipality or county, other than a municipality
6or county establishing automated speed enforcement system
7regulations under Section 11-208.8, or automated traffic law
8regulations under Section 11-208.6, 11-208.9, or 11-1201.1,
9may provide by ordinance for the sending of a notice of
10impending driver's drivers license suspension to the person
11who has failed to satisfy any fine or penalty imposed by final
12judgment for a combination of 5 or more automated speed
13enforcement system or automated traffic law violations after
14exhaustion of judicial review procedures. An ordinance so
15providing shall specify that the notice sent to the person
16liable for any fine or penalty shall state that failure to pay
17the fine or penalty owing within 45 days of the notice's date
18will result in the municipality or county notifying the
19Secretary of State that the person's driver's drivers license
20is eligible for suspension pursuant to this Section. The
21notice of impending driver's drivers license suspension shall
22be sent by first class United States mail, postage prepaid, to
23the address recorded with the Secretary of State or at the last
24address known to the lessor of the cited vehicle at the time of
25lease or, if any notice sent under Section 11-208.3 of this
26Code is returned as undeliverable, to the last known address

 

 

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1recorded in a United States Post Office approved database.
2    (h) An administrative hearing to contest an impending
3suspension or a suspension made pursuant to this Section may
4be had upon filing a written request with the Secretary of
5State. The filing fee for this hearing shall be $20, to be paid
6at the time the request is made. A municipality or county which
7files a certified report with the Secretary of State pursuant
8to this Section shall reimburse the Secretary for all
9reasonable costs incurred by the Secretary as a result of the
10filing of the report, including, but not limited to, the costs
11of providing the notice required pursuant to subsection (b)
12and the costs incurred by the Secretary in any hearing
13conducted with respect to the report pursuant to this
14subsection and any appeal from such a hearing.
15    (i) The provisions of this Section shall apply on and
16after January 1, 1988.
17    (j) For purposes of this Section, the term "compliance
18violation" is defined as in Section 11-208.3.
19(Source: P.A. 101-623, eff. 7-1-20; revised 8-18-20.)
 
20    (625 ILCS 5/6-306.6)  (from Ch. 95 1/2, par. 6-306.6)
21    Sec. 6-306.6. Failure to pay traffic fines, penalties, or
22court costs.
23    (a) Whenever any resident of this State fails to pay any
24traffic fine, penalty, or cost imposed for a violation of this
25Code, or similar provision of local ordinance, the clerk may

 

 

HB2337- 259 -LRB103 05867 HEP 50888 b

1notify the Secretary of State, on a report prescribed by the
2Secretary, and the Secretary shall prohibit the renewal,
3reissue or reinstatement of such resident's driving privileges
4until such fine, penalty, or cost has been paid in full. The
5clerk shall provide notice to the driver, at the driver's last
6known address as shown on the court's records, stating that
7such action will be effective on the 46th day following the
8date of the above notice if payment is not received in full by
9the court of venue.
10    (a-1) Whenever any resident of this State who has made a
11partial payment on any traffic fine, penalty, or cost that was
12imposed under a conviction entered on or after the effective
13date of this amendatory Act of the 93rd General Assembly, for a
14violation of this Code or a similar provision of a local
15ordinance, fails to pay the remainder of the outstanding fine,
16penalty, or cost within the time limit set by the court, the
17clerk may notify the Secretary of State, on a report
18prescribed by the Secretary, and the Secretary shall prohibit
19the renewal, reissue, or reinstatement of the resident's
20driving privileges until the fine, penalty, or cost has been
21paid in full. The clerk shall provide notice to the driver, at
22the driver's last known address as shown on the court's
23records, stating that the action will be effective on the 46th
24day following the date of the notice if payment is not received
25in full by the court of venue.
26    (b) Except as provided in subsection (b-1), following

 

 

HB2337- 260 -LRB103 05867 HEP 50888 b

1receipt of the report from the clerk, the Secretary of State
2shall make the proper notation to the driver's file to
3prohibit the renewal, reissue or reinstatement of such
4driver's driving privileges. Except as provided in paragraph
5(2) of subsection (d) of this Section, such notation shall not
6be removed from the driver's record until the driver satisfies
7the outstanding fine, penalty, or cost and an appropriate
8notice on a form prescribed by the Secretary is received by the
9Secretary from the court of venue, stating that such fine,
10penalty, or cost has been paid in full. Upon payment in full of
11a traffic fine, penalty, or court cost which has previously
12been reported under this Section as unpaid, the clerk of the
13court shall present the driver with a signed receipt
14containing the seal of the court indicating that such fine,
15penalty, or cost has been paid in full, and shall forward
16forthwith to the Secretary of State a notice stating that the
17fine, penalty, or cost has been paid in full.
18    (b-1) In a county with a population of 3,000,000 or more,
19following receipt of the report from the clerk, the Secretary
20of State shall make the proper notation to the driver's file to
21prohibit the renewal, reissue or reinstatement of such
22driver's driving privileges. Such notation shall not be
23removed from the driver's record until the driver satisfies
24the outstanding fine, penalty, or cost and an appropriate
25notice on a form prescribed by the Secretary is received by the
26Secretary directly from the court of venue, stating that such

 

 

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1fine, penalty, or cost has been paid in full. Upon payment in
2full of a traffic fine, penalty, or court cost which has
3previously been reported under this Section as unpaid, the
4clerk of the court shall forward forthwith directly to the
5Secretary of State a notice stating that the fine, penalty, or
6cost has been paid in full and shall provide the driver with a
7signed receipt containing the seal of the court, indicating
8that the fine, penalty, and cost have been paid in full. The
9receipt may not be used by the driver to clear the driver's
10record.
11    (c) The provisions of this Section shall be limited to a
12single action per arrest and as a post conviction measure
13only. Fines, penalty, or costs to be collected subsequent to
14orders of court supervision, or other available court
15diversions are not applicable to this Section.
16    (d)(1) Notwithstanding the receipt of a report from the
17clerk as prescribed in subsections (a) and (e), nothing in
18this Section is intended to place any responsibility upon the
19Secretary of State to provide independent notice to the driver
20of any potential action to disallow the renewal, reissue or
21reinstatement of such driver's driving privileges.
22    (2) Except as provided in subsection (b-1), the Secretary
23of State shall renew, reissue or reinstate a driver's driving
24privileges which were previously refused pursuant to this
25Section upon presentation of an original receipt which is
26signed by the clerk of the court and contains the seal of the

 

 

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1court indicating that the fine, penalty, or cost has been paid
2in full. The Secretary of State shall retain such receipt for
3his records.
4    (e) Upon receipt of notification from another state that
5is a member of the Nonresident Violator Compact of 1977,
6stating a resident of this State failed to pay a traffic fine,
7penalty, or cost imposed for a violation that occurs in
8another state, the Secretary shall make the proper notation to
9the driver's license file to prohibit the renewal, reissue, or
10reinstatement of the resident's driving privileges until the
11fine, penalty, or cost has been paid in full. The Secretary of
12State shall renew, reissue, or reinstate the driver's driving
13privileges that were previously refused under this Section
14upon receipt of notification from the other state that
15indicates that the fine, penalty, or cost has been paid in
16full. The Secretary of State shall retain the out-of-state
17receipt for his or her records.
18(Source: P.A. 98-178, eff. 1-1-14.)
 
19    Section 1-185. The Snowmobile Registration and Safety Act
20is amended by changing Section 5-7 as follows:
 
21    (625 ILCS 40/5-7)
22    Sec. 5-7. Operating a snowmobile while under the influence
23of alcohol or other drug or drugs, intoxicating compound or
24compounds, or a combination of them; criminal penalties;

 

 

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1suspension of operating privileges.
2    (a) A person may not operate or be in actual physical
3control of a snowmobile within this State while:
4        1. The alcohol concentration in that person's blood,
5    other bodily substance, or breath is a concentration at
6    which driving a motor vehicle is prohibited under
7    subdivision (1) of subsection (a) of Section 11-501 of the
8    Illinois Vehicle Code;
9        2. The person is under the influence of alcohol;
10        3. The person is under the influence of any other drug
11    or combination of drugs to a degree that renders that
12    person incapable of safely operating a snowmobile;
13        3.1. The person is under the influence of any
14    intoxicating compound or combination of intoxicating
15    compounds to a degree that renders the person incapable of
16    safely operating a snowmobile;
17        4. The person is under the combined influence of
18    alcohol and any other drug or drugs or intoxicating
19    compound or compounds to a degree that renders that person
20    incapable of safely operating a snowmobile;
21        4.3. The person who is not a CDL holder has a
22    tetrahydrocannabinol concentration in the person's whole
23    blood or other bodily substance at which driving a motor
24    vehicle is prohibited under subdivision (7) of subsection
25    (a) of Section 11-501 of the Illinois Vehicle Code;
26        4.5. The person who is a CDL holder has any amount of a

 

 

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1    drug, substance, or compound in the person's breath,
2    blood, other bodily substance, or urine resulting from the
3    unlawful use or consumption of cannabis listed in the
4    Cannabis Control Act; or
5        5. There is any amount of a drug, substance, or
6    compound in that person's breath, blood, other bodily
7    substance, or urine resulting from the unlawful use or
8    consumption of a controlled substance listed in the
9    Illinois Controlled Substances Act, methamphetamine as
10    listed in the Methamphetamine Control and Community
11    Protection Act, or intoxicating compound listed in the use
12    of Intoxicating Compounds Act.
13    (b) The fact that a person charged with violating this
14Section is or has been legally entitled to use alcohol, other
15drug or drugs, any intoxicating compound or compounds, or any
16combination of them does not constitute a defense against a
17charge of violating this Section.
18    (c) Every person convicted of violating this Section or a
19similar provision of a local ordinance is guilty of a Class A
20misdemeanor, except as otherwise provided in this Section.
21    (c-1) As used in this Section, "first time offender" means
22any person who has not had a previous conviction or been
23assigned supervision for violating this Section or a similar
24provision of a local ordinance, or any person who has not had a
25suspension imposed under subsection (e) of Section 5-7.1.
26    (c-2) For purposes of this Section, the following are

 

 

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1equivalent to a conviction:
2        (1) a forfeiture of bail or collateral deposited to
3    secure a defendant's appearance in court when forfeiture
4    has not been vacated an unvacated revocation of pretrial
5    release; or
6        (2) the failure of a defendant to appear for trial.
7    (d) Every person convicted of violating this Section is
8guilty of a Class 4 felony if:
9        1. The person has a previous conviction under this
10    Section;
11        2. The offense results in personal injury where a
12    person other than the operator suffers great bodily harm
13    or permanent disability or disfigurement, when the
14    violation was a proximate cause of the injuries. A person
15    guilty of a Class 4 felony under this paragraph 2, if
16    sentenced to a term of imprisonment, shall be sentenced to
17    not less than one year nor more than 12 years; or
18        3. The offense occurred during a period in which the
19    person's privileges to operate a snowmobile are revoked or
20    suspended, and the revocation or suspension was for a
21    violation of this Section or was imposed under Section
22    5-7.1.
23    (e) Every person convicted of violating this Section is
24guilty of a Class 2 felony if the offense results in the death
25of a person. A person guilty of a Class 2 felony under this
26subsection (e), if sentenced to a term of imprisonment, shall

 

 

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1be sentenced to a term of not less than 3 years and not more
2than 14 years.
3    (e-1) Every person convicted of violating this Section or
4a similar provision of a local ordinance who had a child under
5the age of 16 on board the snowmobile at the time of offense
6shall be subject to a mandatory minimum fine of $500 and shall
7be subject to a mandatory minimum of 5 days of community
8service in a program benefiting children. The assignment under
9this subsection shall not be subject to suspension nor shall
10the person be eligible for probation in order to reduce the
11assignment.
12    (e-2) Every person found guilty of violating this Section,
13whose operation of a snowmobile while in violation of this
14Section proximately caused any incident resulting in an
15appropriate emergency response, shall be liable for the
16expense of an emergency response as provided in subsection (i)
17of Section 11-501.01 of the Illinois Vehicle Code.
18    (e-3) In addition to any other penalties and liabilities,
19a person who is found guilty of violating this Section,
20including any person placed on court supervision, shall be
21fined $100, payable to the circuit clerk, who shall distribute
22the money to the law enforcement agency that made the arrest or
23as provided in subsection (c) of Section 10-5 of the Criminal
24and Traffic Assessment Act if the arresting agency is a State
25agency, unless more than one agency is responsible for the
26arrest, in which case the amount shall be remitted to each unit

 

 

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1of government equally. Any moneys received by a law
2enforcement agency under this subsection (e-3) shall be used
3to purchase law enforcement equipment or to provide law
4enforcement training that will assist in the prevention of
5alcohol related criminal violence throughout the State. Law
6enforcement equipment shall include, but is not limited to,
7in-car video cameras, radar and laser speed detection devices,
8and alcohol breath testers.
9    (f) In addition to any criminal penalties imposed, the
10Department of Natural Resources shall suspend the snowmobile
11operation privileges of a person convicted or found guilty of
12a misdemeanor under this Section for a period of one year,
13except that first-time offenders are exempt from this
14mandatory one-year suspension.
15    (g) In addition to any criminal penalties imposed, the
16Department of Natural Resources shall suspend for a period of
175 years the snowmobile operation privileges of any person
18convicted or found guilty of a felony under this Section.
19(Source: P.A. 101-652, eff. 1-1-23; 102-145, eff. 7-23-21;
20102-813, eff. 5-13-22; 102-1104, eff. 1-1-23.)
 
21    Section 1-190. The Clerks of Courts Act is amended by
22changing Section 27.3b as follows:
 
23    (705 ILCS 105/27.3b)  (from Ch. 25, par. 27.3b)
24    Sec. 27.3b. The clerk of court may accept payment of

 

 

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1fines, penalties, or costs by certified check, credit card, or
2debit card approved by the clerk from an offender who has been
3convicted of or placed on court supervision for a traffic
4offense, petty offense, ordinance offense, or misdemeanor or
5who has been convicted of a felony offense. The clerk of the
6circuit court shall accept credit card payments over the
7Internet for fines, penalties, court costs, or costs from
8offenders on voluntary electronic pleas of guilty in minor
9traffic and conservation offenses to satisfy the requirement
10of written pleas of guilty as provided in Illinois Supreme
11Court Rule 529. The clerk of the court may also accept payment
12of statutory fees by a credit card or debit card. The clerk of
13the court may also accept the credit card or debit card for the
14cash deposit of bail bond fees.
15    The clerk of the circuit court is authorized to enter into
16contracts with credit card or debit card companies approved by
17the clerk and to negotiate the payment of convenience and
18administrative fees normally charged by those companies for
19allowing the clerk of the circuit court to accept their credit
20cards or debit cards in payment as authorized herein. The
21clerk of the circuit court is authorized to enter into
22contracts with third party fund guarantors, facilitators, and
23service providers under which those entities may contract
24directly with customers of the clerk of the circuit court and
25guarantee and remit the payments to the clerk of the circuit
26court. Where the offender pays fines, penalties, or costs by

 

 

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1credit card or debit card or through a third party fund
2guarantor, facilitator, or service provider, or anyone paying
3statutory fees of the circuit court clerk or the posting of
4cash bail, the clerk shall collect a service fee of up to $5 or
5the amount charged to the clerk for use of its services by the
6credit card or debit card issuer, third party fund guarantor,
7facilitator, or service provider. This service fee shall be in
8addition to any other fines, penalties, or costs. The clerk of
9the circuit court is authorized to negotiate the assessment of
10convenience and administrative fees by the third party fund
11guarantors, facilitators, and service providers with the
12revenue earned by the clerk of the circuit court to be remitted
13to the county general revenue fund.
14    As used in this Section, "certified check" has the meaning
15provided in Section 3-409 of the Uniform Commercial Code.
16(Source: P.A. 101-652, eff. 1-1-23; 102-356, eff. 1-1-22.)
 
17    Section 1-195. The Attorney Act is amended by changing
18Section 9 as follows:
 
19    (705 ILCS 205/9)  (from Ch. 13, par. 9)
20    Sec. 9. All attorneys and counselors at law, judges,
21clerks and sheriffs, and all other officers of the several
22courts within this state, shall be liable to be arrested and
23held to terms of pretrial release bail, and shall be subject to
24the same legal process, and may in all respects be prosecuted

 

 

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1and proceeded against in the same courts and in the same manner
2as other persons are, any law, usage or custom to the contrary
3notwithstanding: Provided, nevertheless, said judges,
4counselors or attorneys, clerks, sheriffs and other officers
5of said courts, shall be privileged from arrest while
6attending courts, and whilst going to and returning from
7court.
8(Source: R.S. 1874, p. 169; 101-652.)
 
9    Section 1-200. The Juvenile Court Act of 1987 is amended
10by changing Sections 1-7, 1-8, and 5-150 as follows:
 
11    (705 ILCS 405/1-7)
12    Sec. 1-7. Confidentiality of juvenile law enforcement and
13municipal ordinance violation records.
14    (A) All juvenile law enforcement records which have not
15been expunged are confidential and may never be disclosed to
16the general public or otherwise made widely available.
17Juvenile law enforcement records may be obtained only under
18this Section and Section 1-8 and Part 9 of Article V of this
19Act, when their use is needed for good cause and with an order
20from the juvenile court, as required by those not authorized
21to retain them. Inspection, copying, and disclosure of
22juvenile law enforcement records maintained by law enforcement
23agencies or records of municipal ordinance violations
24maintained by any State, local, or municipal agency that

 

 

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1relate to a minor who has been investigated, arrested, or
2taken into custody before his or her 18th birthday shall be
3restricted to the following:
4        (0.05) The minor who is the subject of the juvenile
5    law enforcement record, his or her parents, guardian, and
6    counsel.
7        (0.10) Judges of the circuit court and members of the
8    staff of the court designated by the judge.
9        (0.15) An administrative adjudication hearing officer
10    or members of the staff designated to assist in the
11    administrative adjudication process.
12        (1) Any local, State, or federal law enforcement
13    officers or designated law enforcement staff of any
14    jurisdiction or agency when necessary for the discharge of
15    their official duties during the investigation or
16    prosecution of a crime or relating to a minor who has been
17    adjudicated delinquent and there has been a previous
18    finding that the act which constitutes the previous
19    offense was committed in furtherance of criminal
20    activities by a criminal street gang, or, when necessary
21    for the discharge of its official duties in connection
22    with a particular investigation of the conduct of a law
23    enforcement officer, an independent agency or its staff
24    created by ordinance and charged by a unit of local
25    government with the duty of investigating the conduct of
26    law enforcement officers. For purposes of this Section,

 

 

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1    "criminal street gang" has the meaning ascribed to it in
2    Section 10 of the Illinois Streetgang Terrorism Omnibus
3    Prevention Act.
4        (2) Prosecutors, public defenders, probation officers,
5    social workers, or other individuals assigned by the court
6    to conduct a pre-adjudication or pre-disposition
7    investigation, and individuals responsible for supervising
8    or providing temporary or permanent care and custody for
9    minors under the order of the juvenile court, when
10    essential to performing their responsibilities.
11        (3) Federal, State, or local prosecutors, public
12    defenders, probation officers, and designated staff:
13            (a) in the course of a trial when institution of
14        criminal proceedings has been permitted or required
15        under Section 5-805;
16            (b) when institution of criminal proceedings has
17        been permitted or required under Section 5-805 and the
18        minor is the subject of a proceeding to determine the
19        conditions of pretrial release amount of bail;
20            (c) when criminal proceedings have been permitted
21        or required under Section 5-805 and the minor is the
22        subject of a pre-trial investigation, pre-sentence
23        investigation, fitness hearing, or proceedings on an
24        application for probation; or
25            (d) in the course of prosecution or administrative
26        adjudication of a violation of a traffic, boating, or

 

 

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1        fish and game law, or a county or municipal ordinance.
2        (4) Adult and Juvenile Prisoner Review Board.
3        (5) Authorized military personnel.
4        (5.5) Employees of the federal government authorized
5    by law.
6        (6) Persons engaged in bona fide research, with the
7    permission of the Presiding Judge and the chief executive
8    of the respective law enforcement agency; provided that
9    publication of such research results in no disclosure of a
10    minor's identity and protects the confidentiality of the
11    minor's record.
12        (7) Department of Children and Family Services child
13    protection investigators acting in their official
14    capacity.
15        (8) The appropriate school official only if the agency
16    or officer believes that there is an imminent threat of
17    physical harm to students, school personnel, or others.
18            (A) Inspection and copying shall be limited to
19        juvenile law enforcement records transmitted to the
20        appropriate school official or officials whom the
21        school has determined to have a legitimate educational
22        or safety interest by a local law enforcement agency
23        under a reciprocal reporting system established and
24        maintained between the school district and the local
25        law enforcement agency under Section 10-20.14 of the
26        School Code concerning a minor enrolled in a school

 

 

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1        within the school district who has been arrested or
2        taken into custody for any of the following offenses:
3                (i) any violation of Article 24 of the
4            Criminal Code of 1961 or the Criminal Code of
5            2012;
6                (ii) a violation of the Illinois Controlled
7            Substances Act;
8                (iii) a violation of the Cannabis Control Act;
9                (iv) a forcible felony as defined in Section
10            2-8 of the Criminal Code of 1961 or the Criminal
11            Code of 2012;
12                (v) a violation of the Methamphetamine Control
13            and Community Protection Act;
14                (vi) a violation of Section 1-2 of the
15            Harassing and Obscene Communications Act;
16                (vii) a violation of the Hazing Act; or
17                (viii) a violation of Section 12-1, 12-2,
18            12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
19            12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
20            Criminal Code of 1961 or the Criminal Code of
21            2012.
22            The information derived from the juvenile law
23        enforcement records shall be kept separate from and
24        shall not become a part of the official school record
25        of that child and shall not be a public record. The
26        information shall be used solely by the appropriate

 

 

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1        school official or officials whom the school has
2        determined to have a legitimate educational or safety
3        interest to aid in the proper rehabilitation of the
4        child and to protect the safety of students and
5        employees in the school. If the designated law
6        enforcement and school officials deem it to be in the
7        best interest of the minor, the student may be
8        referred to in-school or community-based social
9        services if those services are available.
10        "Rehabilitation services" may include interventions by
11        school support personnel, evaluation for eligibility
12        for special education, referrals to community-based
13        agencies such as youth services, behavioral healthcare
14        service providers, drug and alcohol prevention or
15        treatment programs, and other interventions as deemed
16        appropriate for the student.
17            (B) Any information provided to appropriate school
18        officials whom the school has determined to have a
19        legitimate educational or safety interest by local law
20        enforcement officials about a minor who is the subject
21        of a current police investigation that is directly
22        related to school safety shall consist of oral
23        information only, and not written juvenile law
24        enforcement records, and shall be used solely by the
25        appropriate school official or officials to protect
26        the safety of students and employees in the school and

 

 

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1        aid in the proper rehabilitation of the child. The
2        information derived orally from the local law
3        enforcement officials shall be kept separate from and
4        shall not become a part of the official school record
5        of the child and shall not be a public record. This
6        limitation on the use of information about a minor who
7        is the subject of a current police investigation shall
8        in no way limit the use of this information by
9        prosecutors in pursuing criminal charges arising out
10        of the information disclosed during a police
11        investigation of the minor. For purposes of this
12        paragraph, "investigation" means an official
13        systematic inquiry by a law enforcement agency into
14        actual or suspected criminal activity.
15        (9) Mental health professionals on behalf of the
16    Department of Corrections or the Department of Human
17    Services or prosecutors who are evaluating, prosecuting,
18    or investigating a potential or actual petition brought
19    under the Sexually Violent Persons Commitment Act relating
20    to a person who is the subject of juvenile law enforcement
21    records or the respondent to a petition brought under the
22    Sexually Violent Persons Commitment Act who is the subject
23    of the juvenile law enforcement records sought. Any
24    juvenile law enforcement records and any information
25    obtained from those juvenile law enforcement records under
26    this paragraph (9) may be used only in sexually violent

 

 

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1    persons commitment proceedings.
2        (10) The president of a park district. Inspection and
3    copying shall be limited to juvenile law enforcement
4    records transmitted to the president of the park district
5    by the Illinois State Police under Section 8-23 of the
6    Park District Code or Section 16a-5 of the Chicago Park
7    District Act concerning a person who is seeking employment
8    with that park district and who has been adjudicated a
9    juvenile delinquent for any of the offenses listed in
10    subsection (c) of Section 8-23 of the Park District Code
11    or subsection (c) of Section 16a-5 of the Chicago Park
12    District Act.
13        (11) Persons managing and designated to participate in
14    a court diversion program as designated in subsection (6)
15    of Section 5-105.
16        (12) The Public Access Counselor of the Office of the
17    Attorney General, when reviewing juvenile law enforcement
18    records under its powers and duties under the Freedom of
19    Information Act.
20        (13) Collection agencies, contracted or otherwise
21    engaged by a governmental entity, to collect any debts due
22    and owing to the governmental entity.
23    (B)(1) Except as provided in paragraph (2), no law
24enforcement officer or other person or agency may knowingly
25transmit to the Department of Corrections, the Illinois State
26Police, or the Federal Bureau of Investigation any fingerprint

 

 

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1or photograph relating to a minor who has been arrested or
2taken into custody before his or her 18th birthday, unless the
3court in proceedings under this Act authorizes the
4transmission or enters an order under Section 5-805 permitting
5or requiring the institution of criminal proceedings.
6    (2) Law enforcement officers or other persons or agencies
7shall transmit to the Illinois State Police copies of
8fingerprints and descriptions of all minors who have been
9arrested or taken into custody before their 18th birthday for
10the offense of unlawful use of weapons under Article 24 of the
11Criminal Code of 1961 or the Criminal Code of 2012, a Class X
12or Class 1 felony, a forcible felony as defined in Section 2-8
13of the Criminal Code of 1961 or the Criminal Code of 2012, or a
14Class 2 or greater felony under the Cannabis Control Act, the
15Illinois Controlled Substances Act, the Methamphetamine
16Control and Community Protection Act, or Chapter 4 of the
17Illinois Vehicle Code, pursuant to Section 5 of the Criminal
18Identification Act. Information reported to the Department
19pursuant to this Section may be maintained with records that
20the Department files pursuant to Section 2.1 of the Criminal
21Identification Act. Nothing in this Act prohibits a law
22enforcement agency from fingerprinting a minor taken into
23custody or arrested before his or her 18th birthday for an
24offense other than those listed in this paragraph (2).
25    (C) The records of law enforcement officers, or of an
26independent agency created by ordinance and charged by a unit

 

 

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1of local government with the duty of investigating the conduct
2of law enforcement officers, concerning all minors under 18
3years of age must be maintained separate from the records of
4arrests and may not be open to public inspection or their
5contents disclosed to the public. For purposes of obtaining
6documents under this Section, a civil subpoena is not an order
7of the court.
8        (1) In cases where the law enforcement, or independent
9    agency, records concern a pending juvenile court case, the
10    party seeking to inspect the records shall provide actual
11    notice to the attorney or guardian ad litem of the minor
12    whose records are sought.
13        (2) In cases where the records concern a juvenile
14    court case that is no longer pending, the party seeking to
15    inspect the records shall provide actual notice to the
16    minor or the minor's parent or legal guardian, and the
17    matter shall be referred to the chief judge presiding over
18    matters pursuant to this Act.
19        (3) In determining whether the records should be
20    available for inspection, the court shall consider the
21    minor's interest in confidentiality and rehabilitation
22    over the moving party's interest in obtaining the
23    information. Any records obtained in violation of this
24    subsection (C) shall not be admissible in any criminal or
25    civil proceeding, or operate to disqualify a minor from
26    subsequently holding public office or securing employment,

 

 

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1    or operate as a forfeiture of any public benefit, right,
2    privilege, or right to receive any license granted by
3    public authority.
4    (D) Nothing contained in subsection (C) of this Section
5shall prohibit the inspection or disclosure to victims and
6witnesses of photographs contained in the records of law
7enforcement agencies when the inspection and disclosure is
8conducted in the presence of a law enforcement officer for the
9purpose of the identification or apprehension of any person
10subject to the provisions of this Act or for the investigation
11or prosecution of any crime.
12    (E) Law enforcement officers, and personnel of an
13independent agency created by ordinance and charged by a unit
14of local government with the duty of investigating the conduct
15of law enforcement officers, may not disclose the identity of
16any minor in releasing information to the general public as to
17the arrest, investigation or disposition of any case involving
18a minor.
19    (F) Nothing contained in this Section shall prohibit law
20enforcement agencies from communicating with each other by
21letter, memorandum, teletype, or intelligence alert bulletin
22or other means the identity or other relevant information
23pertaining to a person under 18 years of age if there are
24reasonable grounds to believe that the person poses a real and
25present danger to the safety of the public or law enforcement
26officers. The information provided under this subsection (F)

 

 

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1shall remain confidential and shall not be publicly disclosed,
2except as otherwise allowed by law.
3    (G) Nothing in this Section shall prohibit the right of a
4Civil Service Commission or appointing authority of any
5federal government, state, county or municipality examining
6the character and fitness of an applicant for employment with
7a law enforcement agency, correctional institution, or fire
8department from obtaining and examining the records of any law
9enforcement agency relating to any record of the applicant
10having been arrested or taken into custody before the
11applicant's 18th birthday.
12    (G-5) Information identifying victims and alleged victims
13of sex offenses shall not be disclosed or open to the public
14under any circumstances. Nothing in this Section shall
15prohibit the victim or alleged victim of any sex offense from
16voluntarily disclosing his or her own identity.
17    (H) The changes made to this Section by Public Act 98-61
18apply to law enforcement records of a minor who has been
19arrested or taken into custody on or after January 1, 2014 (the
20effective date of Public Act 98-61).
21    (H-5) Nothing in this Section shall require any court or
22adjudicative proceeding for traffic, boating, fish and game
23law, or municipal and county ordinance violations to be closed
24to the public.
25    (I) Willful violation of this Section is a Class C
26misdemeanor and each violation is subject to a fine of $1,000.

 

 

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1This subsection (I) shall not apply to the person who is the
2subject of the record.
3    (J) A person convicted of violating this Section is liable
4for damages in the amount of $1,000 or actual damages,
5whichever is greater.
6(Source: P.A. 101-652, eff. 1-1-23; 102-538, eff. 8-20-21;
7102-752, eff. 1-1-23; 102-813, eff. 5-13-22.)
 
8    (705 ILCS 405/1-8)
9    Sec. 1-8. Confidentiality and accessibility of juvenile
10court records.
11    (A) A juvenile adjudication shall never be considered a
12conviction nor shall an adjudicated individual be considered a
13criminal. Unless expressly allowed by law, a juvenile
14adjudication shall not operate to impose upon the individual
15any of the civil disabilities ordinarily imposed by or
16resulting from conviction. Unless expressly allowed by law,
17adjudications shall not prejudice or disqualify the individual
18in any civil service application or appointment, from holding
19public office, or from receiving any license granted by public
20authority. All juvenile court records which have not been
21expunged are sealed and may never be disclosed to the general
22public or otherwise made widely available. Sealed juvenile
23court records may be obtained only under this Section and
24Section 1-7 and Part 9 of Article V of this Act, when their use
25is needed for good cause and with an order from the juvenile

 

 

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1court. Inspection and copying of juvenile court records
2relating to a minor who is the subject of a proceeding under
3this Act shall be restricted to the following:
4        (1) The minor who is the subject of record, his or her
5    parents, guardian, and counsel.
6        (2) Law enforcement officers and law enforcement
7    agencies when such information is essential to executing
8    an arrest or search warrant or other compulsory process,
9    or to conducting an ongoing investigation or relating to a
10    minor who has been adjudicated delinquent and there has
11    been a previous finding that the act which constitutes the
12    previous offense was committed in furtherance of criminal
13    activities by a criminal street gang.
14        Before July 1, 1994, for the purposes of this Section,
15    "criminal street gang" means any ongoing organization,
16    association, or group of 3 or more persons, whether formal
17    or informal, having as one of its primary activities the
18    commission of one or more criminal acts and that has a
19    common name or common identifying sign, symbol or specific
20    color apparel displayed, and whose members individually or
21    collectively engage in or have engaged in a pattern of
22    criminal activity.
23        Beginning July 1, 1994, for purposes of this Section,
24    "criminal street gang" has the meaning ascribed to it in
25    Section 10 of the Illinois Streetgang Terrorism Omnibus
26    Prevention Act.

 

 

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1        (3) Judges, hearing officers, prosecutors, public
2    defenders, probation officers, social workers, or other
3    individuals assigned by the court to conduct a
4    pre-adjudication or pre-disposition investigation, and
5    individuals responsible for supervising or providing
6    temporary or permanent care and custody for minors under
7    the order of the juvenile court when essential to
8    performing their responsibilities.
9        (4) Judges, federal, State, and local prosecutors,
10    public defenders, probation officers, and designated
11    staff:
12            (a) in the course of a trial when institution of
13        criminal proceedings has been permitted or required
14        under Section 5-805;
15            (b) when criminal proceedings have been permitted
16        or required under Section 5-805 and a minor is the
17        subject of a proceeding to determine the conditions of
18        pretrial release amount of bail;
19            (c) when criminal proceedings have been permitted
20        or required under Section 5-805 and a minor is the
21        subject of a pre-trial investigation, pre-sentence
22        investigation or fitness hearing, or proceedings on an
23        application for probation; or
24            (d) when a minor becomes 18 years of age or older,
25        and is the subject of criminal proceedings, including
26        a hearing to determine the conditions of pretrial

 

 

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1        release amount of bail, a pre-trial investigation, a
2        pre-sentence investigation, a fitness hearing, or
3        proceedings on an application for probation.
4        (5) Adult and Juvenile Prisoner Review Boards.
5        (6) Authorized military personnel.
6        (6.5) Employees of the federal government authorized
7    by law.
8        (7) Victims, their subrogees and legal
9    representatives; however, such persons shall have access
10    only to the name and address of the minor and information
11    pertaining to the disposition or alternative adjustment
12    plan of the juvenile court.
13        (8) Persons engaged in bona fide research, with the
14    permission of the presiding judge of the juvenile court
15    and the chief executive of the agency that prepared the
16    particular records; provided that publication of such
17    research results in no disclosure of a minor's identity
18    and protects the confidentiality of the record.
19        (9) The Secretary of State to whom the Clerk of the
20    Court shall report the disposition of all cases, as
21    required in Section 6-204 of the Illinois Vehicle Code.
22    However, information reported relative to these offenses
23    shall be privileged and available only to the Secretary of
24    State, courts, and police officers.
25        (10) The administrator of a bonafide substance abuse
26    student assistance program with the permission of the

 

 

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1    presiding judge of the juvenile court.
2        (11) Mental health professionals on behalf of the
3    Department of Corrections or the Department of Human
4    Services or prosecutors who are evaluating, prosecuting,
5    or investigating a potential or actual petition brought
6    under the Sexually Violent Persons Commitment Act relating
7    to a person who is the subject of juvenile court records or
8    the respondent to a petition brought under the Sexually
9    Violent Persons Commitment Act, who is the subject of
10    juvenile court records sought. Any records and any
11    information obtained from those records under this
12    paragraph (11) may be used only in sexually violent
13    persons commitment proceedings.
14        (12) Collection agencies, contracted or otherwise
15    engaged by a governmental entity, to collect any debts due
16    and owing to the governmental entity.
17    (A-1) Findings and exclusions of paternity entered in
18proceedings occurring under Article II of this Act shall be
19disclosed, in a manner and form approved by the Presiding
20Judge of the Juvenile Court, to the Department of Healthcare
21and Family Services when necessary to discharge the duties of
22the Department of Healthcare and Family Services under Article
23X of the Illinois Public Aid Code.
24    (B) A minor who is the victim in a juvenile proceeding
25shall be provided the same confidentiality regarding
26disclosure of identity as the minor who is the subject of

 

 

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1record.
2    (C)(0.1) In cases where the records concern a pending
3juvenile court case, the requesting party seeking to inspect
4the juvenile court records shall provide actual notice to the
5attorney or guardian ad litem of the minor whose records are
6sought.
7    (0.2) In cases where the juvenile court records concern a
8juvenile court case that is no longer pending, the requesting
9party seeking to inspect the juvenile court records shall
10provide actual notice to the minor or the minor's parent or
11legal guardian, and the matter shall be referred to the chief
12judge presiding over matters pursuant to this Act.
13    (0.3) In determining whether juvenile court records should
14be made available for inspection and whether inspection should
15be limited to certain parts of the file, the court shall
16consider the minor's interest in confidentiality and
17rehabilitation over the requesting party's interest in
18obtaining the information. The State's Attorney, the minor,
19and the minor's parents, guardian, and counsel shall at all
20times have the right to examine court files and records.
21    (0.4) Any records obtained in violation of this Section
22shall not be admissible in any criminal or civil proceeding,
23or operate to disqualify a minor from subsequently holding
24public office, or operate as a forfeiture of any public
25benefit, right, privilege, or right to receive any license
26granted by public authority.

 

 

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1    (D) Pending or following any adjudication of delinquency
2for any offense defined in Sections 11-1.20 through 11-1.60 or
312-13 through 12-16 of the Criminal Code of 1961 or the
4Criminal Code of 2012, the victim of any such offense shall
5receive the rights set out in Sections 4 and 6 of the Bill of
6Rights for Victims and Witnesses of Violent Crime Act; and the
7juvenile who is the subject of the adjudication,
8notwithstanding any other provision of this Act, shall be
9treated as an adult for the purpose of affording such rights to
10the victim.
11    (E) Nothing in this Section shall affect the right of a
12Civil Service Commission or appointing authority of the
13federal government, or any state, county, or municipality
14examining the character and fitness of an applicant for
15employment with a law enforcement agency, correctional
16institution, or fire department to ascertain whether that
17applicant was ever adjudicated to be a delinquent minor and,
18if so, to examine the records of disposition or evidence which
19were made in proceedings under this Act.
20    (F) Following any adjudication of delinquency for a crime
21which would be a felony if committed by an adult, or following
22any adjudication of delinquency for a violation of Section
2324-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
24Criminal Code of 2012, the State's Attorney shall ascertain
25whether the minor respondent is enrolled in school and, if so,
26shall provide a copy of the dispositional order to the

 

 

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1principal or chief administrative officer of the school.
2Access to the dispositional order shall be limited to the
3principal or chief administrative officer of the school and
4any school counselor designated by him or her.
5    (G) Nothing contained in this Act prevents the sharing or
6disclosure of information or records relating or pertaining to
7juveniles subject to the provisions of the Serious Habitual
8Offender Comprehensive Action Program when that information is
9used to assist in the early identification and treatment of
10habitual juvenile offenders.
11    (H) When a court hearing a proceeding under Article II of
12this Act becomes aware that an earlier proceeding under
13Article II had been heard in a different county, that court
14shall request, and the court in which the earlier proceedings
15were initiated shall transmit, an authenticated copy of the
16juvenile court record, including all documents, petitions, and
17orders filed and the minute orders, transcript of proceedings,
18and docket entries of the court.
19    (I) The Clerk of the Circuit Court shall report to the
20Illinois State Police, in the form and manner required by the
21Illinois State Police, the final disposition of each minor who
22has been arrested or taken into custody before his or her 18th
23birthday for those offenses required to be reported under
24Section 5 of the Criminal Identification Act. Information
25reported to the Department under this Section may be
26maintained with records that the Department files under

 

 

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1Section 2.1 of the Criminal Identification Act.
2    (J) The changes made to this Section by Public Act 98-61
3apply to juvenile law enforcement records of a minor who has
4been arrested or taken into custody on or after January 1, 2014
5(the effective date of Public Act 98-61).
6    (K) Willful violation of this Section is a Class C
7misdemeanor and each violation is subject to a fine of $1,000.
8This subsection (K) shall not apply to the person who is the
9subject of the record.
10    (L) A person convicted of violating this Section is liable
11for damages in the amount of $1,000 or actual damages,
12whichever is greater.
13(Source: P.A. 101-652, eff. 1-1-23; 102-197, eff. 7-30-21;
14102-538, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
15    (705 ILCS 405/5-150)
16    Sec. 5-150. Admissibility of evidence and adjudications in
17other proceedings.
18    (1) Evidence and adjudications in proceedings under this
19Act shall be admissible:
20        (a) in subsequent proceedings under this Act
21    concerning the same minor; or
22        (b) in criminal proceedings when the court is to
23    determine the conditions of pretrial release amount of
24    bail, fitness of the defendant or in sentencing under the
25    Unified Code of Corrections; or

 

 

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1        (c) in proceedings under this Act or in criminal
2    proceedings in which anyone who has been adjudicated
3    delinquent under Section 5-105 is to be a witness
4    including the minor or defendant if he or she testifies,
5    and then only for purposes of impeachment and pursuant to
6    the rules of evidence for criminal trials; or
7        (d) in civil proceedings concerning causes of action
8    arising out of the incident or incidents which initially
9    gave rise to the proceedings under this Act.
10    (2) No adjudication or disposition under this Act shall
11operate to disqualify a minor from subsequently holding public
12office nor shall operate as a forfeiture of any right,
13privilege or right to receive any license granted by public
14authority.
15    (3) The court which adjudicated that a minor has committed
16any offense relating to motor vehicles prescribed in Sections
174-102 and 4-103 of the Illinois Vehicle Code shall notify the
18Secretary of State of that adjudication and the notice shall
19constitute sufficient grounds for revoking that minor's
20driver's license or permit as provided in Section 6-205 of the
21Illinois Vehicle Code; no minor shall be considered a criminal
22by reason thereof, nor shall any such adjudication be
23considered a conviction.
24(Source: P.A. 90-590, eff. 1-1-99; 101-652.)
 
25    Section 1-205. The Criminal Code of 2012 is amended by

 

 

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1changing Sections 26.5-5, 31-1, 31A-0.1, and 32-10 as follows:
 
2    (720 ILCS 5/26.5-5)
3    Sec. 26.5-5. Sentence.
4    (a) Except as provided in subsection (b), a person who
5violates any of the provisions of Section 26.5-1, 26.5-2, or
626.5-3 of this Article is guilty of a Class B misdemeanor.
7Except as provided in subsection (b), a second or subsequent
8violation of Section 26.5-1, 26.5-2, or 26.5-3 of this Article
9is a Class A misdemeanor, for which the court shall impose a
10minimum of 14 days in jail or, if public or community service
11is established in the county in which the offender was
12convicted, 240 hours of public or community service.
13    (b) In any of the following circumstances, a person who
14violates Section 26.5-1, 26.5-2, or 26.5-3 of this Article
15shall be guilty of a Class 4 felony:
16        (1) The person has 3 or more prior violations in the
17    last 10 years of harassment by telephone, harassment
18    through electronic communications, or any similar offense
19    of any other state;
20        (2) The person has previously violated the harassment
21    by telephone provisions, or the harassment through
22    electronic communications provisions, or committed any
23    similar offense in any other state with the same victim or
24    a member of the victim's family or household;
25        (3) At the time of the offense, the offender was under

 

 

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1    conditions of pretrial release bail, probation,
2    conditional discharge, mandatory supervised release or was
3    the subject of an order of protection, in this or any other
4    state, prohibiting contact with the victim or any member
5    of the victim's family or household;
6        (4) In the course of the offense, the offender
7    threatened to kill the victim or any member of the
8    victim's family or household;
9        (5) The person has been convicted in the last 10 years
10    of a forcible felony as defined in Section 2-8 of the
11    Criminal Code of 1961 or the Criminal Code of 2012;
12        (6) The person violates paragraph (5) of Section
13    26.5-2 or paragraph (4) of Section 26.5-3; or
14        (7) The person was at least 18 years of age at the time
15    of the commission of the offense and the victim was under
16    18 years of age at the time of the commission of the
17    offense.
18    (c) The court may order any person convicted under this
19Article to submit to a psychiatric examination.
20(Source: P.A. 97-1108, eff. 1-1-13; 97-1150, eff. 1-25-13;
21101-652.)
 
22    (720 ILCS 5/31-1)  (from Ch. 38, par. 31-1)
23    Sec. 31-1. Resisting or obstructing a peace officer,
24firefighter, or correctional institution employee.
25    (a) A person who knowingly:

 

 

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1        (1) resists arrest, or
2        (2) obstructs the performance by one known to the
3    person to be a peace officer, firefighter, or correctional
4    institution employee of any authorized act within his or
5    her official capacity commits a Class A misdemeanor.
6    (a-5) In addition to any other sentence that may be
7imposed, a court shall order any person convicted of resisting
8or obstructing a peace officer, firefighter, or correctional
9institution employee to be sentenced to a minimum of 48
10consecutive hours of imprisonment or ordered to perform
11community service for not less than 100 hours as may be
12determined by the court. The person shall not be eligible for
13probation in order to reduce the sentence of imprisonment or
14community service.
15    (a-7) A person convicted for a violation of this Section
16whose violation was the proximate cause of an injury to a peace
17officer, firefighter, or correctional institution employee is
18guilty of a Class 4 felony.
19    (b) For purposes of this Section, "correctional
20institution employee" means any person employed to supervise
21and control inmates incarcerated in a penitentiary, State
22farm, reformatory, prison, jail, house of correction, police
23detention area, half-way house, or other institution or place
24for the incarceration or custody of persons under sentence for
25offenses or awaiting trial or sentence for offenses, under
26arrest for an offense, a violation of probation, a violation

 

 

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1of parole, a violation of aftercare release, a violation of
2mandatory supervised release, or awaiting a bail setting
3hearing or preliminary hearing on setting the conditions of
4pretrial release, or who are sexually dangerous persons or who
5are sexually violent persons; and "firefighter" means any
6individual, either as an employee or volunteer, of a regularly
7constituted fire department of a municipality or fire
8protection district who performs fire fighting duties,
9including, but not limited to, the fire chief, assistant fire
10chief, captain, engineer, driver, ladder person, hose person,
11pipe person, and any other member of a regularly constituted
12fire department. "Firefighter" also means a person employed by
13the Office of the State Fire Marshal to conduct arson
14investigations.
15    (c) It is an affirmative defense to a violation of this
16Section if a person resists or obstructs the performance of
17one known by the person to be a firefighter by returning to or
18remaining in a dwelling, residence, building, or other
19structure to rescue or to attempt to rescue any person.
20    (d) A person shall not be subject to arrest for resisting
21arrest under this Section unless there is an underlying
22offense for which the person was initially subject to arrest.
23(Source: P.A. 101-652, eff. 1-1-23; 102-28, eff. 6-25-21.)
 
24    (720 ILCS 5/31A-0.1)
25    Sec. 31A-0.1. Definitions. For the purposes of this

 

 

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1Article:
2    "Deliver" or "delivery" means the actual, constructive or
3attempted transfer of possession of an item of contraband,
4with or without consideration, whether or not there is an
5agency relationship.
6    "Employee" means any elected or appointed officer, trustee
7or employee of a penal institution or of the governing
8authority of the penal institution, or any person who performs
9services for the penal institution pursuant to contract with
10the penal institution or its governing authority.
11    "Item of contraband" means any of the following:
12        (i) "Alcoholic liquor" as that term is defined in
13    Section 1-3.05 of the Liquor Control Act of 1934.
14        (ii) "Cannabis" as that term is defined in subsection
15    (a) of Section 3 of the Cannabis Control Act.
16        (iii) "Controlled substance" as that term is defined
17    in the Illinois Controlled Substances Act.
18        (iii-a) "Methamphetamine" as that term is defined in
19    the Illinois Controlled Substances Act or the
20    Methamphetamine Control and Community Protection Act.
21        (iv) "Hypodermic syringe" or hypodermic needle, or any
22    instrument adapted for use of controlled substances or
23    cannabis by subcutaneous injection.
24        (v) "Weapon" means any knife, dagger, dirk, billy,
25    razor, stiletto, broken bottle, or other piece of glass
26    which could be used as a dangerous weapon. This term

 

 

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1    includes any of the devices or implements designated in
2    subsections (a)(1), (a)(3) and (a)(6) of Section 24-1 of
3    this Code, or any other dangerous weapon or instrument of
4    like character.
5        (vi) "Firearm" means any device, by whatever name
6    known, which is designed to expel a projectile or
7    projectiles by the action of an explosion, expansion of
8    gas or escape of gas, including but not limited to:
9            (A) any pneumatic gun, spring gun, or B-B gun
10        which expels a single globular projectile not
11        exceeding .18 inch in diameter; or
12            (B) any device used exclusively for signaling or
13        safety and required as recommended by the United
14        States Coast Guard or the Interstate Commerce
15        Commission; or
16            (C) any device used exclusively for the firing of
17        stud cartridges, explosive rivets or industrial
18        ammunition; or
19            (D) any device which is powered by electrical
20        charging units, such as batteries, and which fires one
21        or several barbs attached to a length of wire and
22        which, upon hitting a human, can send out current
23        capable of disrupting the person's nervous system in
24        such a manner as to render him or her incapable of
25        normal functioning, commonly referred to as a stun gun
26        or taser.

 

 

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1        (vii) "Firearm ammunition" means any self-contained
2    cartridge or shotgun shell, by whatever name known, which
3    is designed to be used or adaptable to use in a firearm,
4    including but not limited to:
5            (A) any ammunition exclusively designed for use
6        with a device used exclusively for signaling or safety
7        and required or recommended by the United States Coast
8        Guard or the Interstate Commerce Commission; or
9            (B) any ammunition designed exclusively for use
10        with a stud or rivet driver or other similar
11        industrial ammunition.
12        (viii) "Explosive" means, but is not limited to, bomb,
13    bombshell, grenade, bottle or other container containing
14    an explosive substance of over one-quarter ounce for like
15    purposes such as black powder bombs and Molotov cocktails
16    or artillery projectiles.
17        (ix) "Tool to defeat security mechanisms" means, but
18    is not limited to, handcuff or security restraint key,
19    tool designed to pick locks, popper, or any device or
20    instrument used to or capable of unlocking or preventing
21    from locking any handcuff or security restraints, doors to
22    cells, rooms, gates or other areas of the penal
23    institution.
24        (x) "Cutting tool" means, but is not limited to,
25    hacksaw blade, wirecutter, or device, instrument or file
26    capable of cutting through metal.

 

 

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1        (xi) "Electronic contraband" for the purposes of
2    Section 31A-1.1 of this Article means, but is not limited
3    to, any electronic, video recording device, computer, or
4    cellular communications equipment, including, but not
5    limited to, cellular telephones, cellular telephone
6    batteries, videotape recorders, pagers, computers, and
7    computer peripheral equipment brought into or possessed in
8    a penal institution without the written authorization of
9    the Chief Administrative Officer. "Electronic contraband"
10    for the purposes of Section 31A-1.2 of this Article,
11    means, but is not limited to, any electronic, video
12    recording device, computer, or cellular communications
13    equipment, including, but not limited to, cellular
14    telephones, cellular telephone batteries, videotape
15    recorders, pagers, computers, and computer peripheral
16    equipment.
17    "Penal institution" means any penitentiary, State farm,
18reformatory, prison, jail, house of correction, police
19detention area, half-way house or other institution or place
20for the incarceration or custody of persons under sentence for
21offenses awaiting trial or sentence for offenses, under arrest
22for an offense, a violation of probation, a violation of
23parole, a violation of aftercare release, or a violation of
24mandatory supervised release, or awaiting a bail setting
25hearing on the setting of conditions of pretrial release or
26preliminary hearing; provided that where the place for

 

 

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1incarceration or custody is housed within another public
2building this Article shall not apply to that part of the
3building unrelated to the incarceration or custody of persons.
4(Source: P.A. 97-1108, eff. 1-1-13; 98-558, eff. 1-1-14;
5101-652.)
 
6    (720 ILCS 5/32-10)  (from Ch. 38, par. 32-10)
7    Sec. 32-10. Violation of conditions of pretrial release
8bail bond.
9    (a) Whoever, having been admitted to bail for appearance
10before any court of this State, incurs a forfeiture of the bail
11and knowingly fails to surrender himself or herself within 30
12days following the date of the forfeiture, commits, if the
13bail was given in connection with a charge of felony or pending
14appeal or certiorari after conviction of any offense, a felony
15of the next lower Class or a Class A misdemeanor if the
16underlying offense was a Class 4 felony; or, if the bail was
17given in connection with a charge of committing a misdemeanor,
18or for appearance as a witness, commits a misdemeanor of the
19next lower Class, but not less than a Class C misdemeanor.
20(Blank).
21    (a-5) Any person who knowingly violates a condition of
22pretrial release bail bond by possessing a firearm in
23violation of his or her conditions of pretrial release bail
24commits a Class 4 felony for a first violation and a Class 3
25felony for a second or subsequent violation.

 

 

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1    (b) Whoever, having been released pretrial under
2conditions admitted to bail for appearance before any court of
3this State, while charged with a criminal offense in which the
4victim is a family or household member as defined in Article
5112A of the Code of Criminal Procedure of 1963, knowingly
6violates a condition of that release as set forth in Section
7110-10, subsection (d) of the Code of Criminal Procedure of
81963, commits a Class A misdemeanor.
9    (c) Whoever, having been admitted to bail released
10pretrial for appearance before any court of this State for a
11felony, Class A misdemeanor or a criminal offense in which the
12victim is a family or household member as defined in Article
13112A of the Code of Criminal Procedure of 1963, is charged with
14any other felony, Class A misdemeanor, or a criminal offense
15in which the victim is a family or household member as defined
16in Article 112A of the Code of Criminal Procedure of 1963 while
17on this release, must appear before the court before bail is
18statutorily set and may not be released by law enforcement
19under 109-1 of the Code of Criminal Procedure of 1963 prior to
20the court appearance.
21    (d) Nothing in this Section shall interfere with or
22prevent the exercise by any court of its power to punish for
23contempt. Any sentence imposed for violation of this Section
24shall may be served consecutive to the sentence imposed for
25the charge for which bail pretrial release had been granted
26and with respect to which the defendant has been convicted.

 

 

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1(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
 
2    Section 1-210. The Criminal Code of 2012 is amended by
3changing Sections 7-5, 7-5.5, 7-9, 9-1, and 33-3 as follows:
 
4    (720 ILCS 5/7-5)  (from Ch. 38, par. 7-5)
5    Sec. 7-5. Peace officer's use of force in making arrest.
6    (a) A peace officer, or any person whom he has summoned or
7directed to assist him, need not retreat or desist from
8efforts to make a lawful arrest because of resistance or
9threatened resistance to the arrest. He is justified in the
10use of any force which he reasonably believes, based on the
11totality of the circumstances, to be necessary to effect the
12arrest and of any force which he reasonably believes, based on
13the totality of the circumstances, to be necessary to defend
14himself or another from bodily harm while making the arrest.
15However, he is justified in using force likely to cause death
16or great bodily harm only when: (i) he reasonably believes,
17based on the totality of the circumstances, that such force is
18necessary to prevent death or great bodily harm to himself or
19such other person; or (ii) when he reasonably believes, based
20on the totality of the circumstances, both that:
21        (1) Such force is necessary to prevent the arrest from
22    being defeated by resistance or escape and the officer
23    reasonably believes that the person to be arrested is
24    likely to cause great bodily harm to another; and

 

 

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1        (2) The person to be arrested committed or attempted a
2    forcible felony which involves the infliction or
3    threatened infliction of great bodily harm or is
4    attempting to escape by use of a deadly weapon, or
5    otherwise indicates that he will endanger human life or
6    inflict great bodily harm unless arrested without delay.
7    As used in this subsection, "retreat" does not mean
8tactical repositioning or other de-escalation tactics.
9    A peace officer is not justified in using force likely to
10cause death or great bodily harm when there is no longer an
11imminent threat of great bodily harm to the officer or
12another.
13    (a-5) Where feasible, a peace officer shall, prior to the
14use of force, make reasonable efforts to identify himself or
15herself as a peace officer and to warn that deadly force may be
16used.
17    (a-10) A peace officer shall not use deadly force against
18a person based on the danger that the person poses to himself
19or herself if an reasonable officer would believe the person
20does not pose an imminent threat of death or great bodily harm
21to the peace officer or to another person.
22    (a-15) A peace officer shall not use deadly force against
23a person who is suspected of committing a property offense,
24unless that offense is terrorism or unless deadly force is
25otherwise authorized by law.
26    (b) A peace officer making an arrest pursuant to an

 

 

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1invalid warrant is justified in the use of any force which he
2would be justified in using if the warrant were valid, unless
3he knows that the warrant is invalid.
4    (c) The authority to use physical force conferred on peace
5officers by this Article is a serious responsibility that
6shall be exercised judiciously and with respect for human
7rights and dignity and for the sanctity of every human life.
8    (d) Peace officers shall use deadly force only when
9reasonably necessary in defense of human life. In determining
10whether deadly force is reasonably necessary, officers shall
11evaluate each situation in light of the totality of
12circumstances of each case including but not limited to the
13proximity in time of the use of force to the commission of a
14forcible felony, and the reasonable feasibility of safely
15apprehending a subject at a later time, and shall use other
16available resources and techniques, if reasonably safe and
17feasible to a reasonable officer.
18    (e) The decision by a peace officer to use force shall be
19evaluated carefully and thoroughly, in a manner that reflects
20the gravity of that authority and the serious consequences of
21the use of force by peace officers, in order to ensure that
22officers use force consistent with law and agency policies.
23    (f) The decision by a peace officer to use force shall be
24evaluated from the perspective of a reasonable officer in the
25same situation, based on the totality of the circumstances
26known to or perceived by the officer at the time of the

 

 

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1decision, rather than with the benefit of hindsight, and that
2the totality of the circumstances shall account for occasions
3when officers may be forced to make quick judgments about
4using force.
5    (g) Law enforcement agencies are encouraged to adopt and
6develop policies designed to protect individuals with
7physical, mental health, developmental, or intellectual
8disabilities, or individuals who are significantly more likely
9to experience greater levels of physical force during police
10interactions, as these disabilities may affect the ability of
11a person to understand or comply with commands from peace
12officers.
13    (h) As used in this Section:
14        (1) "Deadly force" means any use of force that creates
15    a substantial risk of causing death or great bodily harm,
16    including, but not limited to, the discharge of a firearm.
17        (2) A threat of death or serious bodily injury is
18    "imminent" when, based on the totality of the
19    circumstances, a reasonable officer in the same situation
20    would believe that a person has the present ability,
21    opportunity, and apparent intent to immediately cause
22    death or great bodily harm to the peace officer or another
23    person. An imminent harm is not merely a fear of future
24    harm, no matter how great the fear and no matter how great
25    the likelihood of the harm, but is one that, from
26    appearances, must be instantly confronted and addressed.

 

 

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1        (3) "Totality of the circumstances" means all facts
2    known to the peace officer at the time, or that would be
3    known to a reasonable officer in the same situation,
4    including the conduct of the officer and the subject
5    leading up to the use of deadly force.
6(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
7revised 8-2-21.)
 
8    (720 ILCS 5/7-5.5)
9    Sec. 7-5.5. Prohibited use of force by a peace officer.
10    (a) A peace officer, or any other person acting under the
11color of law, shall not use a chokehold or restraint above the
12shoulders with risk of asphyxiation in the performance of his
13or her duties, unless deadly force is justified under this
14Article 7 of this Code.
15    (b) A peace officer, or any other person acting under the
16color of law, shall not use a chokehold or restraint above the
17shoulders with risk of asphyxiation, or any lesser contact
18with the throat or neck area of another, in order to prevent
19the destruction of evidence by ingestion.
20    (c) As used in this Section, "chokehold" means applying
21any direct pressure to the throat, windpipe, or airway of
22another with the intent to reduce or prevent the intake of air.
23"Chokehold" does not include any holding involving contact
24with the neck that is not intended to reduce the intake of air
25such as a headlock where the only pressure applied is to the

 

 

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1head.
2    (d) As used in this Section, "restraint above the
3shoulders with risk of positional asphyxiation" means a use of
4a technique used to restrain a person above the shoulders,
5including the neck or head, in a position which interferes
6with the person's ability to breathe after the person no
7longer poses a threat to the officer or any other person.
8    (e) A peace officer, or any other person acting under the
9color of law, shall not:
10        (i) use force as punishment or retaliation;
11        (ii) discharge kinetic impact projectiles and all
12    other non-or less-lethal projectiles in a manner that
13    targets the head, neck, groin, anterior pelvis, or back;
14        (iii) discharge conducted electrical weapons in a
15    manner that targets the head, chest, neck, groin, or
16    anterior pelvis;
17        (iv) discharge firearms or kinetic impact projectiles
18    indiscriminately into a crowd;
19        (v) use chemical agents or irritants for crowd
20    control, including pepper spray and tear gas, prior to
21    issuing an order to disperse in a sufficient manner to
22    allow for the order to be heard and repeated if necessary,
23    followed by sufficient time and space to allow compliance
24    with the order unless providing such time and space would
25    unduly place an officer or another person at risk of death
26    or great bodily harm; or

 

 

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1        (vi) use chemical agents or irritants, including
2    pepper spray and tear gas, prior to issuing an order in a
3    sufficient manner to ensure the order is heard, and
4    repeated if necessary, to allow compliance with the order
5    unless providing such time and space would unduly place an
6    officer or another person at risk of death or great bodily
7    harm.
8(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
9revised 8-2-21.)
 
10    (720 ILCS 5/7-9)  (from Ch. 38, par. 7-9)
11    Sec. 7-9. Use of force to prevent escape.
12    (a) A peace officer or other person who has an arrested
13person in his custody is justified in the use of such force,
14except deadly force, to prevent the escape of the arrested
15person from custody as he would be justified in using if he
16were arresting such person.
17    (b) A guard or other peace officer is justified in the use
18of force, including force likely to cause death or great
19bodily harm, which he reasonably believes to be necessary to
20prevent the escape from a penal institution of a person whom
21the officer reasonably believes to be lawfully detained in
22such institution under sentence for an offense or awaiting
23trial or commitment for an offense.
24    (c) Deadly force shall not be used to prevent escape under
25this Section unless, based on the totality of the

 

 

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1circumstances, deadly force is necessary to prevent death or
2great bodily harm to himself or such other person.
3(Source: Laws 1961, p. 1983; P.A. 101-652.)
 
4    (720 ILCS 5/9-1)  (from Ch. 38, par. 9-1)
5    Sec. 9-1. First degree murder; death penalties;
6exceptions; separate hearings; proof; findings; appellate
7procedures; reversals.
8    (a) A person who kills an individual without lawful
9justification commits first degree murder if, in performing
10the acts which cause the death:
11        (1) he or she either intends to kill or do great bodily
12    harm to that individual or another, or knows that such
13    acts will cause death to that individual or another; or
14        (2) he or she knows that such acts create a strong
15    probability of death or great bodily harm to that
16    individual or another; or
17        (3) he or she, acting alone or with one or more
18    participants, commits or attempts to commit a forcible
19    felony other than second degree murder, and in the course
20    of or in furtherance of such crime or flight therefrom, he
21    or she or another participant causes the death of a person
22    he or she is attempting or committing a forcible felony
23    other than second degree murder.
24    (b) Aggravating Factors. A defendant who at the time of
25the commission of the offense has attained the age of 18 or

 

 

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1more and who has been found guilty of first degree murder may
2be sentenced to death if:
3        (1) the murdered individual was a peace officer or
4    fireman killed in the course of performing his official
5    duties, to prevent the performance of his or her official
6    duties, or in retaliation for performing his or her
7    official duties, and the defendant knew or should have
8    known that the murdered individual was a peace officer or
9    fireman; or
10        (2) the murdered individual was an employee of an
11    institution or facility of the Department of Corrections,
12    or any similar local correctional agency, killed in the
13    course of performing his or her official duties, to
14    prevent the performance of his or her official duties, or
15    in retaliation for performing his or her official duties,
16    or the murdered individual was an inmate at such
17    institution or facility and was killed on the grounds
18    thereof, or the murdered individual was otherwise present
19    in such institution or facility with the knowledge and
20    approval of the chief administrative officer thereof; or
21        (3) the defendant has been convicted of murdering two
22    or more individuals under subsection (a) of this Section
23    or under any law of the United States or of any state which
24    is substantially similar to subsection (a) of this Section
25    regardless of whether the deaths occurred as the result of
26    the same act or of several related or unrelated acts so

 

 

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1    long as the deaths were the result of either an intent to
2    kill more than one person or of separate acts which the
3    defendant knew would cause death or create a strong
4    probability of death or great bodily harm to the murdered
5    individual or another; or
6        (4) the murdered individual was killed as a result of
7    the hijacking of an airplane, train, ship, bus, or other
8    public conveyance; or
9        (5) the defendant committed the murder pursuant to a
10    contract, agreement, or understanding by which he or she
11    was to receive money or anything of value in return for
12    committing the murder or procured another to commit the
13    murder for money or anything of value; or
14        (6) the murdered individual was killed in the course
15    of another felony if:
16            (a) the murdered individual:
17                (i) was actually killed by the defendant, or
18                (ii) received physical injuries personally
19            inflicted by the defendant substantially
20            contemporaneously with physical injuries caused by
21            one or more persons for whose conduct the
22            defendant is legally accountable under Section 5-2
23            of this Code, and the physical injuries inflicted
24            by either the defendant or the other person or
25            persons for whose conduct he is legally
26            accountable caused the death of the murdered

 

 

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1            individual; and
2            (b) in performing the acts which caused the death
3        of the murdered individual or which resulted in
4        physical injuries personally inflicted by the
5        defendant on the murdered individual under the
6        circumstances of subdivision (ii) of subparagraph (a)
7        of paragraph (6) of subsection (b) of this Section,
8        the defendant acted with the intent to kill the
9        murdered individual or with the knowledge that his
10        acts created a strong probability of death or great
11        bodily harm to the murdered individual or another; and
12            (c) the other felony was an inherently violent
13        crime or the attempt to commit an inherently violent
14        crime. In this subparagraph (c), "inherently violent
15        crime" includes, but is not limited to, armed robbery,
16        robbery, predatory criminal sexual assault of a child,
17        aggravated criminal sexual assault, aggravated
18        kidnapping, aggravated vehicular hijacking, aggravated
19        arson, aggravated stalking, residential burglary, and
20        home invasion; or
21        (7) the murdered individual was under 12 years of age
22    and the death resulted from exceptionally brutal or
23    heinous behavior indicative of wanton cruelty; or
24        (8) the defendant committed the murder with intent to
25    prevent the murdered individual from testifying or
26    participating in any criminal investigation or prosecution

 

 

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1    or giving material assistance to the State in any
2    investigation or prosecution, either against the defendant
3    or another; or the defendant committed the murder because
4    the murdered individual was a witness in any prosecution
5    or gave material assistance to the State in any
6    investigation or prosecution, either against the defendant
7    or another; for purposes of this paragraph (8),
8    "participating in any criminal investigation or
9    prosecution" is intended to include those appearing in the
10    proceedings in any capacity such as trial judges,
11    prosecutors, defense attorneys, investigators, witnesses,
12    or jurors; or
13        (9) the defendant, while committing an offense
14    punishable under Sections 401, 401.1, 401.2, 405, 405.2,
15    407 or 407.1 or subsection (b) of Section 404 of the
16    Illinois Controlled Substances Act, or while engaged in a
17    conspiracy or solicitation to commit such offense,
18    intentionally killed an individual or counseled,
19    commanded, induced, procured or caused the intentional
20    killing of the murdered individual; or
21        (10) the defendant was incarcerated in an institution
22    or facility of the Department of Corrections at the time
23    of the murder, and while committing an offense punishable
24    as a felony under Illinois law, or while engaged in a
25    conspiracy or solicitation to commit such offense,
26    intentionally killed an individual or counseled,

 

 

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1    commanded, induced, procured or caused the intentional
2    killing of the murdered individual; or
3        (11) the murder was committed in a cold, calculated
4    and premeditated manner pursuant to a preconceived plan,
5    scheme or design to take a human life by unlawful means,
6    and the conduct of the defendant created a reasonable
7    expectation that the death of a human being would result
8    therefrom; or
9        (12) the murdered individual was an emergency medical
10    technician - ambulance, emergency medical technician -
11    intermediate, emergency medical technician - paramedic,
12    ambulance driver, or other medical assistance or first aid
13    personnel, employed by a municipality or other
14    governmental unit, killed in the course of performing his
15    official duties, to prevent the performance of his
16    official duties, or in retaliation for performing his
17    official duties, and the defendant knew or should have
18    known that the murdered individual was an emergency
19    medical technician - ambulance, emergency medical
20    technician - intermediate, emergency medical technician -
21    paramedic, ambulance driver, or other medical assistance
22    or first aid personnel; or
23        (13) the defendant was a principal administrator,
24    organizer, or leader of a calculated criminal drug
25    conspiracy consisting of a hierarchical position of
26    authority superior to that of all other members of the

 

 

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1    conspiracy, and the defendant counseled, commanded,
2    induced, procured, or caused the intentional killing of
3    the murdered person; or
4        (14) the murder was intentional and involved the
5    infliction of torture. For the purpose of this Section
6    torture means the infliction of or subjection to extreme
7    physical pain, motivated by an intent to increase or
8    prolong the pain, suffering or agony of the victim; or
9        (15) the murder was committed as a result of the
10    intentional discharge of a firearm by the defendant from a
11    motor vehicle and the victim was not present within the
12    motor vehicle; or
13        (16) the murdered individual was 60 years of age or
14    older and the death resulted from exceptionally brutal or
15    heinous behavior indicative of wanton cruelty; or
16        (17) the murdered individual was a person with a
17    disability and the defendant knew or should have known
18    that the murdered individual was a person with a
19    disability. For purposes of this paragraph (17), "person
20    with a disability" means a person who suffers from a
21    permanent physical or mental impairment resulting from
22    disease, an injury, a functional disorder, or a congenital
23    condition that renders the person incapable of adequately
24    providing for his or her own health or personal care; or
25        (18) the murder was committed by reason of any
26    person's activity as a community policing volunteer or to

 

 

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1    prevent any person from engaging in activity as a
2    community policing volunteer; or
3        (19) the murdered individual was subject to an order
4    of protection and the murder was committed by a person
5    against whom the same order of protection was issued under
6    the Illinois Domestic Violence Act of 1986; or
7        (20) the murdered individual was known by the
8    defendant to be a teacher or other person employed in any
9    school and the teacher or other employee is upon the
10    grounds of a school or grounds adjacent to a school, or is
11    in any part of a building used for school purposes; or
12        (21) the murder was committed by the defendant in
13    connection with or as a result of the offense of terrorism
14    as defined in Section 29D-14.9 of this Code; or
15        (22) the murdered individual was a member of a
16    congregation engaged in prayer or other religious
17    activities at a church, synagogue, mosque, or other
18    building, structure, or place used for religious worship.
19    (b-5) Aggravating Factor; Natural Life Imprisonment. A
20defendant who has been found guilty of first degree murder and
21who at the time of the commission of the offense had attained
22the age of 18 years or more may be sentenced to natural life
23imprisonment if (i) the murdered individual was a physician,
24physician assistant, psychologist, nurse, or advanced practice
25registered nurse, (ii) the defendant knew or should have known
26that the murdered individual was a physician, physician

 

 

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1assistant, psychologist, nurse, or advanced practice
2registered nurse, and (iii) the murdered individual was killed
3in the course of acting in his or her capacity as a physician,
4physician assistant, psychologist, nurse, or advanced practice
5registered nurse, or to prevent him or her from acting in that
6capacity, or in retaliation for his or her acting in that
7capacity.
8    (c) Consideration of factors in Aggravation and
9Mitigation.
10    The court shall consider, or shall instruct the jury to
11consider any aggravating and any mitigating factors which are
12relevant to the imposition of the death penalty. Aggravating
13factors may include but need not be limited to those factors
14set forth in subsection (b). Mitigating factors may include
15but need not be limited to the following:
16        (1) the defendant has no significant history of prior
17    criminal activity;
18        (2) the murder was committed while the defendant was
19    under the influence of extreme mental or emotional
20    disturbance, although not such as to constitute a defense
21    to prosecution;
22        (3) the murdered individual was a participant in the
23    defendant's homicidal conduct or consented to the
24    homicidal act;
25        (4) the defendant acted under the compulsion of threat
26    or menace of the imminent infliction of death or great

 

 

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1    bodily harm;
2        (5) the defendant was not personally present during
3    commission of the act or acts causing death;
4        (6) the defendant's background includes a history of
5    extreme emotional or physical abuse;
6        (7) the defendant suffers from a reduced mental
7    capacity.
8    Provided, however, that an action that does not otherwise
9mitigate first degree murder cannot qualify as a mitigating
10factor for first degree murder because of the discovery,
11knowledge, or disclosure of the victim's sexual orientation as
12defined in Section 1-103 of the Illinois Human Rights Act.
13    (d) Separate sentencing hearing.
14    Where requested by the State, the court shall conduct a
15separate sentencing proceeding to determine the existence of
16factors set forth in subsection (b) and to consider any
17aggravating or mitigating factors as indicated in subsection
18(c). The proceeding shall be conducted:
19        (1) before the jury that determined the defendant's
20    guilt; or
21        (2) before a jury impanelled for the purpose of the
22    proceeding if:
23            A. the defendant was convicted upon a plea of
24        guilty; or
25            B. the defendant was convicted after a trial
26        before the court sitting without a jury; or

 

 

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1            C. the court for good cause shown discharges the
2        jury that determined the defendant's guilt; or
3        (3) before the court alone if the defendant waives a
4    jury for the separate proceeding.
5    (e) Evidence and Argument.
6    During the proceeding any information relevant to any of
7the factors set forth in subsection (b) may be presented by
8either the State or the defendant under the rules governing
9the admission of evidence at criminal trials. Any information
10relevant to any additional aggravating factors or any
11mitigating factors indicated in subsection (c) may be
12presented by the State or defendant regardless of its
13admissibility under the rules governing the admission of
14evidence at criminal trials. The State and the defendant shall
15be given fair opportunity to rebut any information received at
16the hearing.
17    (f) Proof.
18    The burden of proof of establishing the existence of any
19of the factors set forth in subsection (b) is on the State and
20shall not be satisfied unless established beyond a reasonable
21doubt.
22    (g) Procedure - Jury.
23    If at the separate sentencing proceeding the jury finds
24that none of the factors set forth in subsection (b) exists,
25the court shall sentence the defendant to a term of
26imprisonment under Chapter V of the Unified Code of

 

 

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1Corrections. If there is a unanimous finding by the jury that
2one or more of the factors set forth in subsection (b) exist,
3the jury shall consider aggravating and mitigating factors as
4instructed by the court and shall determine whether the
5sentence of death shall be imposed. If the jury determines
6unanimously, after weighing the factors in aggravation and
7mitigation, that death is the appropriate sentence, the court
8shall sentence the defendant to death. If the court does not
9concur with the jury determination that death is the
10appropriate sentence, the court shall set forth reasons in
11writing including what facts or circumstances the court relied
12upon, along with any relevant documents, that compelled the
13court to non-concur with the sentence. This document and any
14attachments shall be part of the record for appellate review.
15The court shall be bound by the jury's sentencing
16determination.
17    If after weighing the factors in aggravation and
18mitigation, one or more jurors determines that death is not
19the appropriate sentence, the court shall sentence the
20defendant to a term of imprisonment under Chapter V of the
21Unified Code of Corrections.
22    (h) Procedure - No Jury.
23    In a proceeding before the court alone, if the court finds
24that none of the factors found in subsection (b) exists, the
25court shall sentence the defendant to a term of imprisonment
26under Chapter V of the Unified Code of Corrections.

 

 

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1    If the Court determines that one or more of the factors set
2forth in subsection (b) exists, the Court shall consider any
3aggravating and mitigating factors as indicated in subsection
4(c). If the Court determines, after weighing the factors in
5aggravation and mitigation, that death is the appropriate
6sentence, the Court shall sentence the defendant to death.
7    If the court finds that death is not the appropriate
8sentence, the court shall sentence the defendant to a term of
9imprisonment under Chapter V of the Unified Code of
10Corrections.
11    (h-5) Decertification as a capital case.
12    In a case in which the defendant has been found guilty of
13first degree murder by a judge or jury, or a case on remand for
14resentencing, and the State seeks the death penalty as an
15appropriate sentence, on the court's own motion or the written
16motion of the defendant, the court may decertify the case as a
17death penalty case if the court finds that the only evidence
18supporting the defendant's conviction is the uncorroborated
19testimony of an informant witness, as defined in Section
20115-21 of the Code of Criminal Procedure of 1963, concerning
21the confession or admission of the defendant or that the sole
22evidence against the defendant is a single eyewitness or
23single accomplice without any other corroborating evidence. If
24the court decertifies the case as a capital case under either
25of the grounds set forth above, the court shall issue a written
26finding. The State may pursue its right to appeal the

 

 

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1decertification pursuant to Supreme Court Rule 604(a)(1). If
2the court does not decertify the case as a capital case, the
3matter shall proceed to the eligibility phase of the
4sentencing hearing.
5    (i) Appellate Procedure.
6    The conviction and sentence of death shall be subject to
7automatic review by the Supreme Court. Such review shall be in
8accordance with rules promulgated by the Supreme Court. The
9Illinois Supreme Court may overturn the death sentence, and
10order the imposition of imprisonment under Chapter V of the
11Unified Code of Corrections if the court finds that the death
12sentence is fundamentally unjust as applied to the particular
13case. If the Illinois Supreme Court finds that the death
14sentence is fundamentally unjust as applied to the particular
15case, independent of any procedural grounds for relief, the
16Illinois Supreme Court shall issue a written opinion
17explaining this finding.
18    (j) Disposition of reversed death sentence.
19    In the event that the death penalty in this Act is held to
20be unconstitutional by the Supreme Court of the United States
21or of the State of Illinois, any person convicted of first
22degree murder shall be sentenced by the court to a term of
23imprisonment under Chapter V of the Unified Code of
24Corrections.
25    In the event that any death sentence pursuant to the
26sentencing provisions of this Section is declared

 

 

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1unconstitutional by the Supreme Court of the United States or
2of the State of Illinois, the court having jurisdiction over a
3person previously sentenced to death shall cause the defendant
4to be brought before the court, and the court shall sentence
5the defendant to a term of imprisonment under Chapter V of the
6Unified Code of Corrections.
7    (k) Guidelines for seeking the death penalty.
8    The Attorney General and State's Attorneys Association
9shall consult on voluntary guidelines for procedures governing
10whether or not to seek the death penalty. The guidelines do not
11have the force of law and are only advisory in nature.
12(Source: P.A. 100-460, eff. 1-1-18; 100-513, eff. 1-1-18;
13100-863, eff. 8-14-18; 101-223, eff. 1-1-20; 101-652.)
 
14    (720 ILCS 5/33-3)  (from Ch. 38, par. 33-3)
15    Sec. 33-3. Official misconduct.
16    (a) A public officer or employee or special government
17agent commits misconduct when, in his official capacity or
18capacity as a special government agent, he or she commits any
19of the following acts:
20        (1) Intentionally or recklessly fails to perform any
21    mandatory duty as required by law; or
22        (2) Knowingly performs an act which he knows he is
23    forbidden by law to perform; or
24        (3) With intent to obtain a personal advantage for
25    himself or another, he performs an act in excess of his

 

 

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1    lawful authority; or
2        (4) Solicits or knowingly accepts for the performance
3    of any act a fee or reward which he knows is not authorized
4    by law.
5    (b) An employee of a law enforcement agency commits
6misconduct when he or she knowingly uses or communicates,
7directly or indirectly, information acquired in the course of
8employment, with the intent to obstruct, impede, or prevent
9the investigation, apprehension, or prosecution of any
10criminal offense or person. Nothing in this subsection (b)
11shall be construed to impose liability for communicating to a
12confidential resource, who is participating or aiding law
13enforcement, in an ongoing investigation.
14    (c) A public officer or employee or special government
15agent convicted of violating any provision of this Section
16forfeits his or her office or employment or position as a
17special government agent. In addition, he or she commits a
18Class 3 felony.
19    (d) For purposes of this Section: "Special , "special
20government agent" has the meaning ascribed to it in subsection
21(l) of Section 4A-101 of the Illinois Governmental Ethics Act.
22(Source: P.A. 98-867, eff. 1-1-15; 101-652.)
 
23    Section 1-212. The Criminal Code of 2012 is amended by
24reenacting Section 32-15 as follows:
 

 

 

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1    (720 ILCS 5/32-15)
2    Sec. 32-15.Bail bond false statement. Any person who in
3any affidavit, document, schedule or other application to
4become surety or bail for another on any bail bond or
5recognizance in any civil or criminal proceeding then pending
6or about to be started against the other person, having taken a
7lawful oath or made affirmation, shall swear or affirm
8wilfully, corruptly and falsely as to the ownership or liens
9or incumbrances upon or the value of any real or personal
10property alleged to be owned by the person proposed as surety
11or bail, the financial worth or standing of the person
12proposed as surety or bail, or as to the number or total
13penalties of all other bonds or recognizances signed by and
14standing against the proposed surety or bail, or any person
15who, having taken a lawful oath or made affirmation, shall
16testify wilfully, corruptly and falsely as to any of said
17matters for the purpose of inducing the approval of any such
18bail bond or recognizance; or for the purpose of justifying on
19any such bail bond or recognizance, or who shall suborn any
20other person to so swear, affirm or testify as aforesaid,
21shall be deemed and adjudged guilty of perjury or subornation
22of perjury (as the case may be) and punished accordingly.
23(Source: P.A. 97-1108, eff. 1-1-13.)
 
24    (720 ILCS 5/7-15 rep.)
25    (720 ILCS 5/7-16 rep.)

 

 

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1    (720 ILCS 5/33-9 rep.)
2    Section 1-215. The Criminal Code of 2012 is amended by
3repealing Sections 7-15, 7-16, and 33-9.
 
4    Section 1-220. The Code of Criminal Procedure of 1963 is
5amended by changing the heading of Article 110 and by changing
6Sections 102-6, 102-7, 103-5, 103-7, 103-9, 104-13, 104-17,
7106D-1, 107-4, 107-9, 107-11, 109-1, 109-2, 109-3, 109-3.1,
8110-1, 110-2, 110-3, 110-5, 110-5.2, 110-6, 110-6.1, 110-6.2,
9110-6.4, 110-10, 110-11, 110-12, 110-14, 111-2, 112A-23,
10113-3.1, 114-1, 115-4.1, and 122-6 as follows:
 
11    (725 ILCS 5/102-6)  (from Ch. 38, par. 102-6)
12    Sec. 102-6. "Bail". Pretrial release. "Bail" means the
13amount of money set by the court which is required to be
14obligated and secured as provided by law for the release of a
15person in custody in order that he will appear before the court
16in which his appearance may be required and that he will comply
17with such conditions as set forth in the bail bond. "Pretrial
18release" has the meaning ascribed to bail in Section 9 of
19Article I of the Illinois Constitution where the sureties
20provided are nonmonetary in nature.
21(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
 
22    (725 ILCS 5/102-7)  (from Ch. 38, par. 102-7)
23    Sec. 102-7. Conditions of pretrial release. "Bail

 

 

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1bond"."Bail bond" means an undertaking secured by bail entered
2into by a person in custody by which he binds himself to comply
3with such conditions as are set forth therein. "Conditions of
4pretrial release" means the requirements imposed upon a
5criminal defendant by the court under Section 110-5.
6(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
 
7    (725 ILCS 5/103-5)  (from Ch. 38, par. 103-5)
8    Sec. 103-5. Speedy trial.)
9    (a) Every person in custody in this State for an alleged
10offense shall be tried by the court having jurisdiction within
11120 days from the date he or she was taken into custody unless
12delay is occasioned by the defendant, by an examination for
13fitness ordered pursuant to Section 104-13 of this Act, by a
14fitness hearing, by an adjudication of unfitness to stand
15trial, by a continuance allowed pursuant to Section 114-4 of
16this Act after a court's determination of the defendant's
17physical incapacity for trial, or by an interlocutory appeal.
18Delay shall be considered to be agreed to by the defendant
19unless he or she objects to the delay by making a written
20demand for trial or an oral demand for trial on the record. The
21provisions of this subsection (a) do not apply to a person on
22pretrial release bail or recognizance for an offense but who
23is in custody for a violation of his or her parole, aftercare
24release, or mandatory supervised release for another offense.
25    The 120-day term must be one continuous period of

 

 

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1incarceration. In computing the 120-day term, separate periods
2of incarceration may not be combined. If a defendant is taken
3into custody a second (or subsequent) time for the same
4offense, the term will begin again at day zero.
5    (b) Every person on pretrial release bail or recognizance
6shall be tried by the court having jurisdiction within 160
7days from the date defendant demands trial unless delay is
8occasioned by the defendant, by an examination for fitness
9ordered pursuant to Section 104-13 of this Act, by a fitness
10hearing, by an adjudication of unfitness to stand trial, by a
11continuance allowed pursuant to Section 114-4 of this Act
12after a court's determination of the defendant's physical
13incapacity for trial, or by an interlocutory appeal. The
14defendant's failure to appear for any court date set by the
15court operates to waive the defendant's demand for trial made
16under this subsection.
17    For purposes of computing the 160 day period under this
18subsection (b), every person who was in custody for an alleged
19offense and demanded trial and is subsequently released on
20pretrial release bail or recognizance and demands trial, shall
21be given credit for time spent in custody following the making
22of the demand while in custody. Any demand for trial made under
23this subsection (b) shall be in writing; and in the case of a
24defendant not in custody, the demand for trial shall include
25the date of any prior demand made under this provision while
26the defendant was in custody.

 

 

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1    (c) If the court determines that the State has exercised
2without success due diligence to obtain evidence material to
3the case and that there are reasonable grounds to believe that
4such evidence may be obtained at a later day the court may
5continue the cause on application of the State for not more
6than an additional 60 days. If the court determines that the
7State has exercised without success due diligence to obtain
8results of DNA testing that is material to the case and that
9there are reasonable grounds to believe that such results may
10be obtained at a later day, the court may continue the cause on
11application of the State for not more than an additional 120
12days.
13    (d) Every person not tried in accordance with subsections
14(a), (b) and (c) of this Section shall be discharged from
15custody or released from the obligations of his pretrial
16release bail or recognizance.
17    (e) If a person is simultaneously in custody upon more
18than one charge pending against him in the same county, or
19simultaneously demands trial upon more than one charge pending
20against him in the same county, he shall be tried, or adjudged
21guilty after waiver of trial, upon at least one such charge
22before expiration relative to any of such pending charges of
23the period prescribed by subsections (a) and (b) of this
24Section. Such person shall be tried upon all of the remaining
25charges thus pending within 160 days from the date on which
26judgment relative to the first charge thus prosecuted is

 

 

HB2337- 330 -LRB103 05867 HEP 50888 b

1rendered pursuant to the Unified Code of Corrections or, if
2such trial upon such first charge is terminated without
3judgment and there is no subsequent trial of, or adjudication
4of guilt after waiver of trial of, such first charge within a
5reasonable time, the person shall be tried upon all of the
6remaining charges thus pending within 160 days from the date
7on which such trial is terminated; if either such period of 160
8days expires without the commencement of trial of, or
9adjudication of guilt after waiver of trial of, any of such
10remaining charges thus pending, such charge or charges shall
11be dismissed and barred for want of prosecution unless delay
12is occasioned by the defendant, by an examination for fitness
13ordered pursuant to Section 104-13 of this Act, by a fitness
14hearing, by an adjudication of unfitness for trial, by a
15continuance allowed pursuant to Section 114-4 of this Act
16after a court's determination of the defendant's physical
17incapacity for trial, or by an interlocutory appeal; provided,
18however, that if the court determines that the State has
19exercised without success due diligence to obtain evidence
20material to the case and that there are reasonable grounds to
21believe that such evidence may be obtained at a later day the
22court may continue the cause on application of the State for
23not more than an additional 60 days.
24    (f) Delay occasioned by the defendant shall temporarily
25suspend for the time of the delay the period within which a
26person shall be tried as prescribed by subsections (a), (b),

 

 

HB2337- 331 -LRB103 05867 HEP 50888 b

1or (e) of this Section and on the day of expiration of the
2delay the said period shall continue at the point at which it
3was suspended. Where such delay occurs within 21 days of the
4end of the period within which a person shall be tried as
5prescribed by subsections (a), (b), or (e) of this Section,
6the court may continue the cause on application of the State
7for not more than an additional 21 days beyond the period
8prescribed by subsections (a), (b), or (e). This subsection
9(f) shall become effective on, and apply to persons charged
10with alleged offenses committed on or after, March 1, 1977.
11(Source: P.A. 98-558, eff. 1-1-14; 101-652.)
 
12    (725 ILCS 5/103-7)  (from Ch. 38, par. 103-7)
13    Sec. 103-7. Posting notice of rights.
14    Every sheriff, chief of police or other person who is in
15charge of any jail, police station or other building where
16persons under arrest are held in custody pending
17investigation, pretrial release bail or other criminal
18proceedings, shall post in every room, other than cells, of
19such buildings where persons are held in custody, in
20conspicuous places where it may be seen and read by persons in
21custody and others, a poster, printed in large type,
22containing a verbatim copy in the English language of the
23provisions of Sections 103-2, 103-3, 103-4, 109-1, 110-2,
24110-4, and sub-parts (a) and (b) of Sections 110-7 and 113-3 of
25this Code. Each person who is in charge of any courthouse or

 

 

HB2337- 332 -LRB103 05867 HEP 50888 b

1other building in which any trial of an offense is conducted
2shall post in each room primarily used for such trials and in
3each room in which defendants are confined or wait, pending
4trial, in conspicuous places where it may be seen and read by
5persons in custody and others, a poster, printed in large
6type, containing a verbatim copy in the English language of
7the provisions of Sections 103-6, 113-1, 113-4 and 115-1 and
8of subparts (a) and (b) of Section 113-3 of this Code.
9(Source: Laws 1965, p. 2622; P.A. 101-652.)
 
10    (725 ILCS 5/103-9)  (from Ch. 38, par. 103-9)
11    Sec. 103-9. Bail bondsmen. No bail bondsman from any state
12may seize or transport unwillingly any person found in this
13State who is allegedly in violation of a bail bond posted in
14some other state or conditions of pretrial release. The return
15of any such person to another state may be accomplished only as
16provided by the laws of this State. Any bail bondsman who
17violates this Section is fully subject to the criminal and
18civil penalties provided by the laws of this State for his
19actions.
20(Source: P.A. 84-694; 101-652.)
 
21    (725 ILCS 5/104-13)  (from Ch. 38, par. 104-13)
22    Sec. 104-13. Fitness Examination.
23    (a) When the issue of fitness involves the defendant's
24mental condition, the court shall order an examination of the

 

 

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1defendant by one or more licensed physicians, clinical
2psychologists, or psychiatrists chosen by the court. No
3physician, clinical psychologist or psychiatrist employed by
4the Department of Human Services shall be ordered to perform,
5in his official capacity, an examination under this Section.
6    (b) If the issue of fitness involves the defendant's
7physical condition, the court shall appoint one or more
8physicians and in addition, such other experts as it may deem
9appropriate to examine the defendant and to report to the
10court regarding the defendant's condition.
11    (c) An examination ordered under this Section shall be
12given at the place designated by the person who will conduct
13the examination, except that if the defendant is being held in
14custody, the examination shall take place at such location as
15the court directs. No examinations under this Section shall be
16ordered to take place at mental health or developmental
17disabilities facilities operated by the Department of Human
18Services. If the defendant fails to keep appointments without
19reasonable cause or if the person conducting the examination
20reports to the court that diagnosis requires hospitalization
21or extended observation, the court may order the defendant
22admitted to an appropriate facility for an examination, other
23than a screening examination, for not more than 7 days. The
24court may, upon a showing of good cause, grant an additional 7
25days to complete the examination.
26    (d) Release on pretrial release bail or on recognizance

 

 

HB2337- 334 -LRB103 05867 HEP 50888 b

1shall not be revoked and an application therefor shall not be
2denied on the grounds that an examination has been ordered.
3    (e) Upon request by the defense and if the defendant is
4indigent, the court may appoint, in addition to the expert or
5experts chosen pursuant to subsection (a) of this Section, a
6qualified expert selected by the defendant to examine him and
7to make a report as provided in Section 104-15. Upon the filing
8with the court of a verified statement of services rendered,
9the court shall enter an order on the county board to pay such
10expert a reasonable fee stated in the order.
11(Source: P.A. 89-507, eff. 7-1-97; 101-652.)
 
12    (725 ILCS 5/104-17)  (from Ch. 38, par. 104-17)
13    Sec. 104-17. Commitment for treatment; treatment plan.
14    (a) If the defendant is eligible to be or has been released
15on bail pretrial release or on his own recognizance, the court
16shall select the least physically restrictive form of
17treatment therapeutically appropriate and consistent with the
18treatment plan. The placement may be ordered either on an
19inpatient or an outpatient basis.
20    (b) If the defendant's disability is mental, the court may
21order him placed for secure treatment in the custody of the
22Department of Human Services, or the court may order him
23placed in the custody of any other appropriate public or
24private mental health facility or treatment program which has
25agreed to provide treatment to the defendant. If the most

 

 

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1serious charge faced by the defendant is a misdemeanor, the
2court shall order outpatient treatment, unless the court finds
3good cause on the record to order inpatient treatment. If the
4court orders the defendant to inpatient treatment in the
5custody of the Department of Human Services, the Department
6shall evaluate the defendant to determine the most appropriate
7secure facility to receive the defendant and, within 20 days
8of the transmittal by the clerk of the circuit court of the
9court's placement order, notify the court of the designated
10facility to receive the defendant. The Department shall admit
11the defendant to a secure facility within 60 days of the
12transmittal of the court's placement order, unless the
13Department can demonstrate good faith efforts at placement and
14a lack of bed and placement availability. If placement cannot
15be made within 60 days of the transmittal of the court's
16placement order and the Department has demonstrated good faith
17efforts at placement and a lack of bed and placement
18availability, the Department shall provide an update to the
19ordering court every 30 days until the defendant is placed.
20Once bed and placement availability is determined, the
21Department shall notify the sheriff who shall promptly
22transport the defendant to the designated facility. If the
23defendant is placed in the custody of the Department of Human
24Services, the defendant shall be placed in a secure setting.
25During the period of time required to determine bed and
26placement availability at the designated facility, the

 

 

HB2337- 336 -LRB103 05867 HEP 50888 b

1defendant shall remain in jail. If during the course of
2evaluating the defendant for placement, the Department of
3Human Services determines that the defendant is currently fit
4to stand trial, it shall immediately notify the court and
5shall submit a written report within 7 days. In that
6circumstance the placement shall be held pending a court
7hearing on the Department's report. Otherwise, upon completion
8of the placement process, including identifying bed and
9placement availability, the sheriff shall be notified and
10shall transport the defendant to the designated facility. If,
11within 60 days of the transmittal by the clerk of the circuit
12court of the court's placement order, the Department fails to
13provide the sheriff with notice of bed and placement
14availability at the designated facility, the sheriff shall
15contact the Department to inquire about when a placement will
16become available at the designated facility as well as bed and
17placement availability at other secure facilities. The
18Department shall respond to the sheriff within 2 business days
19of the notice and inquiry by the sheriff seeking the transfer
20and the Department shall provide the sheriff with the status
21of the evaluation, information on bed and placement
22availability, and an estimated date of admission for the
23defendant and any changes to that estimated date of admission.
24If the Department notifies the sheriff during the 2 business
25day period of a facility operated by the Department with
26placement availability, the sheriff shall promptly transport

 

 

HB2337- 337 -LRB103 05867 HEP 50888 b

1the defendant to that facility. The placement may be ordered
2either on an inpatient or an outpatient basis.
3    (c) If the defendant's disability is physical, the court
4may order him placed under the supervision of the Department
5of Human Services which shall place and maintain the defendant
6in a suitable treatment facility or program, or the court may
7order him placed in an appropriate public or private facility
8or treatment program which has agreed to provide treatment to
9the defendant. The placement may be ordered either on an
10inpatient or an outpatient basis.
11    (d) The clerk of the circuit court shall within 5 days of
12the entry of the order transmit to the Department, agency or
13institution, if any, to which the defendant is remanded for
14treatment, the following:
15        (1) a certified copy of the order to undergo
16    treatment. Accompanying the certified copy of the order to
17    undergo treatment shall be the complete copy of any report
18    prepared under Section 104-15 of this Code or other report
19    prepared by a forensic examiner for the court;
20        (2) the county and municipality in which the offense
21    was committed;
22        (3) the county and municipality in which the arrest
23    took place;
24        (4) a copy of the arrest report, criminal charges,
25    arrest record; and
26        (5) all additional matters which the Court directs the

 

 

HB2337- 338 -LRB103 05867 HEP 50888 b

1    clerk to transmit.
2    (e) Within 30 days of admission to the designated
3facility, the person supervising the defendant's treatment
4shall file with the court, the State, and the defense a report
5assessing the facility's or program's capacity to provide
6appropriate treatment for the defendant and indicating his
7opinion as to the probability of the defendant's attaining
8fitness within a period of time from the date of the finding of
9unfitness. For a defendant charged with a felony, the period
10of time shall be one year. For a defendant charged with a
11misdemeanor, the period of time shall be no longer than the
12sentence if convicted of the most serious offense. If the
13report indicates that there is a substantial probability that
14the defendant will attain fitness within the time period, the
15treatment supervisor shall also file a treatment plan which
16shall include:
17        (1) A diagnosis of the defendant's disability;
18        (2) A description of treatment goals with respect to
19    rendering the defendant fit, a specification of the
20    proposed treatment modalities, and an estimated timetable
21    for attainment of the goals;
22        (3) An identification of the person in charge of
23    supervising the defendant's treatment.
24(Source: P.A. 101-652, eff. 1-1-23; 102-1118, eff. 1-18-23.)
 
25    (725 ILCS 5/106D-1)

 

 

HB2337- 339 -LRB103 05867 HEP 50888 b

1    Sec. 106D-1. Defendant's appearance by closed circuit
2television and video conference two-way audio-visual
3communication system.
4    (a) Whenever the appearance in person in court, in either
5a civil or criminal proceeding, is required of anyone held in a
6place of custody or confinement operated by the State or any of
7its political subdivisions, including counties and
8municipalities, the chief judge of the circuit by rule may
9permit the personal appearance to be made by means of a two-way
10audio-visual communication system, including closed circuit
11television and computerized video conference, in the following
12proceedings:
13        (1) the initial appearance before a judge on a
14    criminal complaint, at which bail will be set; as provided
15    in subsection (f) of Section 109-1;
16        (2) the waiver of a preliminary hearing;
17        (3) the arraignment on an information or indictment at
18    which a plea of not guilty will be entered;
19        (4) the presentation of a jury waiver;
20        (5) any status hearing;
21        (6) any hearing conducted under the Sexually Violent
22    Persons Commitment Act at which no witness testimony will
23    be taken; and
24        (7) at any hearing at which no witness testimony will
25    be taken conducted under the following:
26            (A) Section 104-20 of this Code (90-day hearings);

 

 

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1            (B) Section 104-22 of this Code (trial with
2        special provisions and assistance);
3            (C) Section 104-25 of this Code (discharge
4        hearing); or
5            (D) Section 5-2-4 of the Unified Code of
6        Corrections (proceedings after acquittal by reason of
7        insanity).
8    (b) The two-way audio-visual communication facilities must
9provide two-way audio-visual communication between the court
10and the place of custody or confinement, and must include a
11secure line over which the person in custody and his or her
12counsel, if any, may communicate.
13    (c) Nothing in this Section shall be construed to prohibit
14other court appearances through the use of a two-way
15audio-visual communication, upon waiver of any right the
16person in custody or confinement may have to be present
17physically. system if the person in custody or confinement
18waives the right to be present physically in court, the court
19determines that the physical health and safety of any person
20necessary to the proceedings would be endangered by appearing
21in court, or the chief judge of the circuit orders use of that
22system due to operational challenges in conducting the hearing
23in person. Such operational challenges must be documented and
24approved by the chief judge of the circuit, and a plan to
25address the challenges through reasonable efforts must be
26presented and approved by the Administrative Office of the

 

 

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1Illinois Courts every 6 months.
2    (d) Nothing in this Section shall be construed to
3establish a right of any person held in custody or confinement
4to appear in court through a two-way audio-visual
5communication system or to require that any governmental
6entity, or place of custody or confinement, provide a two-way
7audio-visual communication system.
8(Source: P.A. 101-652, eff. 1-1-23; 102-486, eff. 8-20-21;
9102-813, eff. 5-13-22; 102-1104, eff. 1-1-23.)
 
10    (725 ILCS 5/107-4)  (from Ch. 38, par. 107-4)
11    Sec. 107-4. Arrest by peace officer from other
12jurisdiction.
13    (a) As used in this Section:
14        (1) "State" means any State of the United States and
15    the District of Columbia.
16        (2) "Peace Officer" means any peace officer or member
17    of any duly organized State, County, or Municipal peace
18    unit, any police force of another State, the United States
19    Department of Defense, or any police force whose members,
20    by statute, are granted and authorized to exercise powers
21    similar to those conferred upon any peace officer employed
22    by a law enforcement agency of this State.
23        (3) "Fresh pursuit" means the immediate pursuit of a
24    person who is endeavoring to avoid arrest.
25        (4) "Law enforcement agency" means a municipal police

 

 

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1    department or county sheriff's office of this State.
2    (a-3) Any peace officer employed by a law enforcement
3agency of this State may conduct temporary questioning
4pursuant to Section 107-14 of this Code and may make arrests in
5any jurisdiction within this State: (1) if the officer is
6engaged in the investigation of criminal activity that
7occurred in the officer's primary jurisdiction and the
8temporary questioning or arrest relates to, arises from, or is
9conducted pursuant to that investigation; or (2) if the
10officer, while on duty as a peace officer, becomes personally
11aware of the immediate commission of a felony or misdemeanor
12violation of the laws of this State; or (3) if the officer,
13while on duty as a peace officer, is requested by an
14appropriate State or local law enforcement official to render
15aid or assistance to the requesting law enforcement agency
16that is outside the officer's primary jurisdiction; or (4) in
17accordance with Section 2605-580 of the Illinois State Police
18Law of the Civil Administrative Code of Illinois. While acting
19pursuant to this subsection, an officer has the same authority
20as within his or her own jurisdiction.
21    (a-7) The law enforcement agency of the county or
22municipality in which any arrest is made under this Section
23shall be immediately notified of the arrest.
24    (b) Any peace officer of another State who enters this
25State in fresh pursuit and continues within this State in
26fresh pursuit of a person in order to arrest him on the ground

 

 

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1that he has committed an offense in the other State has the
2same authority to arrest and hold the person in custody as
3peace officers of this State have to arrest and hold a person
4in custody on the ground that he has committed an offense in
5this State.
6    (c) If an arrest is made in this State by a peace officer
7of another State in accordance with the provisions of this
8Section he shall without unnecessary delay take the person
9arrested before the circuit court of the county in which the
10arrest was made. Such court shall conduct a hearing for the
11purpose of determining the lawfulness of the arrest. If the
12court determines that the arrest was lawful it shall commit
13the person arrested, to await for a reasonable time the
14issuance of an extradition warrant by the Governor of this
15State, or admit him to bail pretrial release for such purpose.
16If the court determines that the arrest was unlawful it shall
17discharge the person arrested.
18(Source: P.A. 101-652, eff. 1-1-23; 102-538, eff. 8-20-21;
19102-813, eff. 5-13-22.)
 
20    (725 ILCS 5/107-9)  (from Ch. 38, par. 107-9)
21    Sec. 107-9. Issuance of arrest warrant upon complaint.
22    (a) When a complaint is presented to a court charging that
23an offense has been committed, it shall examine upon oath or
24affirmation the complainant or any witnesses.
25    (b) The complaint shall be in writing and shall:

 

 

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1        (1) State the name of the accused if known, and if not
2    known the accused may be designated by any name or
3    description by which he can be identified with reasonable
4    certainty;
5        (2) State the offense with which the accused is
6    charged;
7        (3) State the time and place of the offense as
8    definitely as can be done by the complainant; and
9        (4) Be subscribed and sworn to by the complainant.
10    (b-5) If an arrest warrant or summons is sought and the
11request is made by electronic means that has a simultaneous
12video and audio transmission between the requester and a
13judge, the judge may issue an arrest warrant or summons based
14upon a sworn complaint or sworn testimony communicated in the
15transmission.
16    (c) A warrant shall or summons may be issued by the court
17for the arrest or appearance of the person complained against
18if it appears from the contents of the complaint and the
19examination of the complainant or other witnesses, if any,
20that the person against whom the complaint was made has
21committed an offense.
22    (d) The warrant of arrest or summons shall:
23        (1) Be in writing;
24        (2) Specify the name, sex and birth date of the person
25    to be arrested or summoned or, if his name, sex or birth
26    date is unknown, shall designate such person by any name

 

 

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1    or description by which the person can be identified with
2    reasonable certainty;
3        (3) Set forth the nature of the offense;
4        (4) State the date when issued and the municipality or
5    county where issued;
6        (5) Be signed by the judge of the court with the title
7    of the judge's office; and
8        (6) Command that the person against whom the complaint
9    was made to be arrested and brought before the court
10    issuing the warrant or if he is absent or unable to act
11    before the nearest or most accessible court in the same
12    county issuing the warrant or the nearest or most
13    accessible court in the same county, or appear before the
14    court at a certain time and place;
15        (7) Specify the amount of bail conditions of pretrial
16    release, if any; and
17        (8) Specify any geographical limitation placed on the
18    execution of the warrant, if any, but such limitation
19    shall not be expressed in mileage.
20    (e) The summons may be served in the same manner as the
21summons in a civil action, except that a police officer may
22serve a summons for a violation of an ordinance occurring
23within the municipality of the police officer.
24    (f) If the person summoned fails to appear by the date
25required or cannot be located to serve the summons, a warrant
26may be issued by the court for the arrest of the person

 

 

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1complained against.
2    (g) A warrant of arrest issued under this Section shall
3incorporate the information included in the summons, and shall
4comply with the following:
5        (1) The arrest warrant shall specify any geographic
6    limitation placed on the execution of the warrant, but
7    such limitation shall not be expressed in mileage.
8    (e) (2) The arrest warrant shall be directed to all peace
9officers in the State. It shall be executed by the peace
10officer, or by a private person specially named therein, at
11any location within the geographic limitation for execution
12placed on the warrant. If no geographic limitation is placed
13on the warrant, then it may be executed anywhere in the State.
14    (f) (h) The arrest warrant or summons may be issued
15electronically or electromagnetically by use of electronic
16mail or a facsimile transmission machine and any such arrest
17warrant or summons shall have the same validity as a written
18arrest warrant or summons.
19(Source: P.A. 101-239, eff. 1-1-20; 101-652, eff. 1-1-23;
20102-1104, eff. 1-1-23.)
 
21    (725 ILCS 5/107-11)  (from Ch. 38, par. 107-11)
22    Sec. 107-11. When summons may be issued.
23    (a) When authorized to issue a warrant of arrest, a court
24may instead issue a summons.
25    (b) The summons shall:

 

 

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1        (1) Be in writing;
2        (2) State the name of the person summoned and his or
3    her address, if known;
4        (3) Set forth the nature of the offense;
5        (4) State the date when issued and the municipality or
6    county where issued;
7        (5) Be signed by the judge of the court with the title
8    of his or her office; and
9        (6) Command the person to appear before a court at a
10    certain time and place.
11    (c) The summons may be served in the same manner as the
12summons in a civil action or by certified or regular mail,
13except that police officers may serve summons for violations
14of ordinances occurring within their municipalities.
15(Source: P.A. 102-1104, eff. 12-6-22.)
 
16    (725 ILCS 5/109-1)  (from Ch. 38, par. 109-1)
17    Sec. 109-1. Person arrested; release from law enforcement
18custody and court appearance; geographic constraints prevent
19in-person appearances.
20    (a) A person arrested with or without a warrant for an
21offense for which pretrial release may be denied under
22paragraphs (1) through (6) of Section 110-6.1 shall be taken
23without unnecessary delay before the nearest and most
24accessible judge in that county, except when such county is a
25participant in a regional jail authority, in which event such

 

 

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1person may be taken to the nearest and most accessible judge,
2irrespective of the county where such judge presides, within
348 hours, and a charge shall be filed. Whenever a person
4arrested either with or without a warrant is required to be
5taken before a judge, a charge may be filed against such person
6by way of a two-way closed circuit television system
7audio-visual communication system, except that a hearing to
8deny pretrial release bail to the defendant may not be
9conducted by way of closed circuit television two-way
10audio-visual communication system unless the accused waives
11the right to be present physically in court, the court
12determines that the physical health and safety of any person
13necessary to the proceedings would be endangered by appearing
14in court, or the chief judge of the circuit orders use of that
15system due to operational challenges in conducting the hearing
16in person. Such operational challenges must be documented and
17approved by the chief judge of the circuit, and a plan to
18address the challenges through reasonable efforts must be
19presented and approved by the Administrative Office of the
20Illinois Courts every 6 months..
21    (a-1) Law enforcement shall issue a citation in lieu of
22custodial arrest, upon proper identification, for those
23accused of any offense that is not a felony or Class A
24misdemeanor unless (i) a law enforcement officer reasonably
25believes the accused poses a threat to the community or any
26person, (ii) a custodial arrest is necessary because the

 

 

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1criminal activity persists after the issuance of a citation,
2or (iii) the accused has an obvious medical or mental health
3issue that poses a risk to the accused's own safety. Nothing in
4this Section requires arrest in the case of Class A
5misdemeanor and felony offenses, or otherwise limits existing
6law enforcement discretion to decline to effect a custodial
7arrest.
8    (a-3) A person arrested with or without a warrant for an
9offense for which pretrial release may not be denied may,
10except as otherwise provided in this Code, be released by a law
11enforcement officer without appearing before a judge. A
12presumption in favor of pretrial release shall be applied by
13an arresting officer in the exercise of his or her discretion
14under this Section.
15    (a-5) A person charged with an offense shall be allowed
16counsel at the hearing at which pretrial release bail is
17determined under Article 110 of this Code. If the defendant
18desires counsel for his or her initial appearance but is
19unable to obtain counsel, the court shall appoint a public
20defender or licensed attorney at law of this State to
21represent him or her for purposes of that hearing.
22    (b) Upon initial appearance of a person before the court,
23the The judge shall:
24        (1) inform Inform the defendant of the charge against
25    him and shall provide him with a copy of the charge;
26        (2) advise Advise the defendant of his right to

 

 

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1    counsel and if indigent shall appoint a public defender or
2    licensed attorney at law of this State to represent him in
3    accordance with the provisions of Section 113-3 of this
4    Code;
5        (3) schedule Schedule a preliminary hearing in
6    appropriate cases;
7        (4) admit Admit the defendant to pretrial release bail
8    in accordance with the provisions of Article 110/5 110 of
9    this Code, or upon verified petition of the State, proceed
10    with the setting of a detention hearing as provided in
11    Section 110-6.1; and
12        (5) Order the confiscation of the person's passport or
13    impose travel restrictions on a defendant arrested for
14    first degree murder or other violent crime as defined in
15    Section 3 of the Rights of Crime Victims and Witnesses
16    Act, if the judge determines, based on the factors in
17    Section 110-5 of this Code, that this will reasonably
18    ensure the appearance of the defendant and compliance by
19    the defendant with all conditions of release.
20    (c) The court may issue an order of protection in
21accordance with the provisions of Article 112A of this Code.
22Crime victims shall be given notice by the State's Attorney's
23office of this hearing as required in paragraph (2) of
24subsection (b) of the Rights of Crime Victims and Witnesses
25Act and shall be informed of their opportunity at this hearing
26to obtain an order of protection under Article 112A of this

 

 

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1Code.
2    (d) At the initial appearance of a defendant in any
3criminal proceeding, the court must advise the defendant in
4open court that any foreign national who is arrested or
5detained has the right to have notice of the arrest or
6detention given to his or her country's consular
7representatives and the right to communicate with those
8consular representatives if the notice has not already been
9provided. The court must make a written record of so advising
10the defendant.
11    (e) If consular notification is not provided to a
12defendant before his or her first appearance in court, the
13court shall grant any reasonable request for a continuance of
14the proceedings to allow contact with the defendant's
15consulate. Any delay caused by the granting of the request by a
16defendant shall temporarily suspend for the time of the delay
17the period within which a person shall be tried as prescribed
18by subsections (a), (b), or (e) of Section 103-5 of this Code
19and on the day of the expiration of delay the period shall
20continue at the point at which it was suspended.
21    (f) At the hearing at which conditions of pretrial release
22are determined, the person charged shall be present in person
23rather than by two-way audio-video communication system unless
24the accused waives the right to be present physically in
25court, the court determines that the physical health and
26safety of any person necessary to the proceedings would be

 

 

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1endangered by appearing in court, or the chief judge of the
2circuit orders use of that system due to operational
3challenges in conducting the hearing in person. Such
4operational challenges must be documented and approved by the
5chief judge of the circuit, and a plan to address the
6challenges through reasonable efforts must be presented and
7approved by the Administrative Office of the Illinois Courts
8every 6 months.
9    (g) Defense counsel shall be given adequate opportunity to
10confer with the defendant prior to any hearing in which
11conditions of release or the detention of the defendant is to
12be considered, with a physical accommodation made to
13facilitate attorney/client consultation. If defense counsel
14needs to confer or consult with the defendant during any
15hearing conducted via a two-way audio-visual communication
16system, such consultation shall not be recorded and shall be
17undertaken consistent with constitutional protections.
18(Source: P.A. 101-652, eff. 1-1-23; 102-813, eff. 5-13-22;
19102-1104, eff. 1-1-23.)
 
20    (725 ILCS 5/109-2)  (from Ch. 38, par. 109-2)
21    Sec. 109-2. Person arrested in another county.
22    (a) Any person arrested in a county other than the one in
23which a warrant for his arrest was issued shall be taken
24without unnecessary delay before the nearest and most
25accessible judge in the county where the arrest was made or, if

 

 

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1no additional delay is created, before the nearest and most
2accessible judge in the county from which the warrant was
3issued. He shall be admitted to bail in the amount specified in
4the warrant or, for offenses other than felonies, in an amount
5as set by the judge, and such bail shall be conditioned on his
6appearing in the court issuing the warrant on a certain date.
7The judge may hold a hearing to determine if the defendant is
8the same person as named in the warrant.
9    (b) Notwithstanding the provisions of subsection (a), any
10person arrested in a county other than the one in which a
11warrant for his arrest was issued, may waive the right to be
12taken before a judge in the county where the arrest was made.
13If a person so arrested waives such right, the arresting
14agency shall surrender such person to a law enforcement agency
15of the county that issued the warrant without unnecessary
16delay. The provisions of Section 109-1 shall then apply to the
17person so arrested.
18    (c) If a person is taken before a judge in any county and a
19warrant for arrest issued by another Illinois county exists
20for that person, the court in the arresting county shall hold
21for that person a detention hearing under Section 110-6.1, or
22other hearing under Section 110-5 or Section 110-6.
23    (d) After the court in the arresting county has determined
24whether the person shall be released or detained on the
25arresting offense, the court shall then order the sheriff to
26immediately contact the sheriff in any county where any

 

 

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1warrant is outstanding and notify them of the arrest of the
2individual.
3    (e) If a person has a warrant in another county for an
4offense, then, no later than 5 calendar days after the end of
5any detention issued on the charge in the arresting county,
6the county where the warrant is outstanding shall do one of the
7following:
8        (1) transport the person to the county where the
9    warrant was issued for a hearing under Section 110-6 or
10    110-6.1 in the matter for which the warrant was issued; or
11        (2) quash the warrant and order the person released on
12    the case for which the warrant was issued only when the
13    county that issued the warrant fails to transport the
14    defendant in the timeline as proscribed.
15    (f) If the issuing county fails to take any action under
16subsection (e) within 5 calendar days, the defendant shall be
17released from custody on the warrant, and the circuit judge or
18associate circuit judge in the county of arrest shall set
19conditions of release under Section 110-5 and shall admit the
20defendant to pretrial release for his or her appearance before
21the court named in the warrant. Upon releasing the defendant,
22the circuit judge or associate circuit judge shall certify
23such a fact on the warrant and deliver the warrant and the
24acknowledgment by the defendant of his or her receiving the
25conditions of pretrial release to the officer having charge of
26the defendant from arrest and without delay deliver such

 

 

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1warrant and such acknowledgment by the defendant of his or her
2receiving the conditions to the court before which the
3defendant is required to appear.
4    (g) If a person has a warrant in another county, in lieu of
5transporting the person to the issuing county as outlined in
6subsection (e), the issuing county may hold the hearing by way
7of a two-way audio-visual communication system if the accused
8waives the right to be physically present in court, the court
9determines that the physical health and safety of any person
10necessary to the proceedings would be endangered by appearing
11in court, or the chief judge of the circuit orders use of that
12system due to operational challenges in conducting the hearing
13in person. Such operational challenges must be documented and
14approved by the chief judge of the circuit, and a plan to
15address the challenges through reasonable efforts must be
16presented and approved by the Administrative Office of the
17Illinois Courts every 6 months.
18    (h) If more than 2 Illinois county warrants exist, the
19judge in the county of arrest shall order that the process
20described in subsections (d) through (f) occur in each county
21in whatever order the judge finds most appropriate. Each judge
22in each subsequent county shall then follow the rules in this
23Section.
24    (i) This Section applies only to warrants issued by
25Illinois state, county, or municipal courts.
26    (j) When an issuing agency is contacted by an out-of-state

 

 

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1agency of a person arrested for any offense, or when an
2arresting agency is contacted by or contacts an out-of-state
3issuing agency, the Uniform Criminal Extradition Act shall
4govern.
5(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
 
6    (725 ILCS 5/109-3)  (from Ch. 38, par. 109-3)
7    Sec. 109-3. Preliminary examination.
8    (a) The judge shall hold the defendant to answer to the
9court having jurisdiction of the offense if from the evidence
10it appears there is probable cause to believe an offense has
11been committed by the defendant, as provided in Section
12109-3.1 of this Code, if the offense is a felony.
13    (b) If the defendant waives preliminary examination the
14judge shall hold him to answer and may, or on the demand of the
15prosecuting attorney shall, cause the witnesses for the State
16to be examined. After hearing the testimony if it appears that
17there is not probable cause to believe the defendant guilty of
18any offense the judge shall discharge him.
19    (c) During the examination of any witness or when the
20defendant is making a statement or testifying the judge may
21and on the request of the defendant or State shall exclude all
22other witnesses. He may also cause the witnesses to be kept
23separate and to be prevented from communicating with each
24other until all are examined.
25    (d) If the defendant is held to answer the judge may

 

 

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1require any material witness for the State or defendant to
2enter into a written undertaking to appear at the trial, and
3may provide for the forfeiture of a sum certain in the event
4the witness does not appear at the trial. Any witness who
5refuses to execute a recognizance may be committed by the
6judge to the custody of the sheriff until trial or further
7order of the court having jurisdiction of the cause. Any
8witness who executes a recognizance and fails to comply with
9its terms shall, in addition to any forfeiture provided in the
10recognizance, be subject to the penalty provided in Section
1132-10 of the Criminal Code of 2012 for violation of bail bond
12commits a Class C misdemeanor.
13    (e) During preliminary hearing or examination the
14defendant may move for an order of suppression of evidence
15pursuant to Section 114-11 or 114-12 of this Act or for other
16reasons, and may move for dismissal of the charge pursuant to
17Section 114-1 of this Act or for other reasons.
18(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
 
19    (725 ILCS 5/109-3.1)  (from Ch. 38, par. 109-3.1)
20    Sec. 109-3.1. Persons charged with felonies.
21    (a) In any case involving a person charged with a felony in
22this State, alleged to have been committed on or after January
231, 1984, the provisions of this Section shall apply.
24    (b) Every person in custody in this State for the alleged
25commission of a felony shall receive either a preliminary

 

 

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1examination as provided in Section 109-3 or an indictment by
2Grand Jury as provided in Section 111-2, within 30 days from
3the date he or she was taken into custody. Every person on bail
4or recognizance released pretrial for the alleged commission
5of a felony shall receive either a preliminary examination as
6provided in Section 109-3 or an indictment by Grand Jury as
7provided in Section 111-2, within 60 days from the date he or
8she was arrested.
9    The provisions of this paragraph shall not apply in the
10following situations:
11        (1) when delay is occasioned by the defendant; or
12        (2) when the defendant has been indicted by the Grand
13    Jury on the felony offense for which he or she was
14    initially taken into custody or on an offense arising from
15    the same transaction or conduct of the defendant that was
16    the basis for the felony offense or offenses initially
17    charged; or
18        (3) when a competency examination is ordered by the
19    court; or
20        (4) when a competency hearing is held; or
21        (5) when an adjudication of incompetency for trial has
22    been made; or
23        (6) when the case has been continued by the court
24    under Section 114-4 of this Code after a determination
25    that the defendant is physically incompetent to stand
26    trial.

 

 

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1    (c) Delay occasioned by the defendant shall temporarily
2suspend, for the time of the delay, the period within which the
3preliminary examination must be held. On the day of expiration
4of the delay the period in question shall continue at the point
5at which it was suspended.
6(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
 
7    (725 ILCS 5/Art. 110 heading)
8
ARTICLE 110. PRETRIAL RELEASE BAIL

 
9    (725 ILCS 5/110-1)  (from Ch. 38, par. 110-1)
10    Sec. 110-1. Definitions. As used in this Article:
11    (a) "Security" is that which is required to be pledged to
12insure the payment of bail.
13    (b) "Sureties" encompasses the monetary and nonmonetary
14requirements set by the court as conditions for release either
15before or after conviction. "Surety" is one who executes a
16bail bond and binds himself to pay the bail if the person in
17custody fails to comply with all conditions of the bail bond.
18    (c) The phrase "for which a sentence of imprisonment,
19without conditional and revocable release, shall be imposed by
20law as a consequence of conviction" means an offense for which
21a sentence of imprisonment in the Department of Corrections,
22without probation, periodic imprisonment or conditional
23discharge, is required by law upon conviction.
24    (d) "Real and present threat to the physical safety of any

 

 

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1person or persons", as used in this Article, includes a threat
2to the community, person, persons or class of persons.
3(Blank).
4    (e) "Protective order" means any order of protection
5issued under Section 112A-14 of this Code or the Illinois
6Domestic Violence Act of 1986, a stalking no contact order
7issued under Section 80 of the Stalking No Contact Order Act,
8or a civil no contact order issued under Section 213 of the
9Civil No Contact Order Act.
10    (f) "Willful flight" means intentional conduct with a
11purpose to thwart the judicial process to avoid prosecution.
12Isolated instances of nonappearance in court alone are not
13evidence of the risk of willful flight. Reoccurrence and
14patterns of intentional conduct to evade prosecution, along
15with any affirmative steps to communicate or remedy any such
16missed court date, may be considered as factors in assessing
17future intent to evade prosecution.
18(Source: P.A. 101-652, eff. 1-1-23; 102-813, eff. 5-13-22;
19102-1104, eff. 1-1-23; revised 12-13-22.)
 
20    (725 ILCS 5/110-2)  (from Ch. 38, par. 110-2)
21    Sec. 110-2. Release on own recognizance Pretrial release.
22When from all the circumstances the court is of the opinion
23that the defendant will appear as required either before or
24after conviction and the defendant will not pose a danger to
25any person or the community and that the defendant will comply

 

 

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1with all conditions of bond, which shall include the
2defendant's current address with a written admonishment to the
3defendant that he or she must comply with the provisions of
4Section 110-12 of this Code regarding any change in his or her
5address, the defendant may be released on his or her own
6recognizance. The defendant's address shall at all times
7remain a matter of public record with the clerk of the court. A
8failure to appear as required by such recognizance shall
9constitute an offense subject to the penalty provided in
10Section 32-10 of the Criminal Code of 2012 for violation of the
11bail bond, and any obligated sum fixed in the recognizance
12shall be forfeited and collected in accordance with subsection
13(g) of Section 110-7 of this Code.
14    This Section shall be liberally construed to effectuate
15the purpose of relying upon contempt of court proceedings or
16criminal sanctions instead of financial loss to assure the
17appearance of the defendant, and that the defendant will not
18pose a danger to any person or the community and that the
19defendant will comply with all conditions of bond. Monetary
20bail should be set only when it is determined that no other
21conditions of release will reasonably assure the defendant's
22appearance in court, that the defendant does not present a
23danger to any person or the community and that the defendant
24will comply with all conditions of bond.
25    The State may appeal any order permitting release by
26personal recognizance.

 

 

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1    (a) All persons charged with an offense shall be eligible
2for pretrial release before conviction. It is presumed that a
3defendant is entitled to release on personal recognizance on
4the condition that the defendant attend all required court
5proceedings and the defendant does not commit any criminal
6offense, and complies with all terms of pretrial release,
7including, but not limited to, orders of protection under both
8Section 112A-4 of this Code and Section 214 of the Illinois
9Domestic Violence Act of 1986, all civil no contact orders,
10and all stalking no contact orders. Pretrial release may be
11denied only if a person is charged with an offense listed in
12Section 110-6.1 and after the court has held a hearing under
13Section 110-6.1, and in a manner consistent with subsections
14(b), (c), and (d) of this Section.
15    (b) At all pretrial hearings, the prosecution shall have
16the burden to prove by clear and convincing evidence that any
17condition of release is necessary.
18    (c) When it is alleged that pretrial release should be
19denied to a person upon the grounds that the person presents a
20real and present threat to the safety of any person or persons
21or the community, based on the specific articulable facts of
22the case, the burden of proof of such allegations shall be upon
23the State.
24    (d) When it is alleged that pretrial release should be
25denied to a person charged with stalking or aggravated
26stalking upon the grounds set forth in Section 110-6.3, the

 

 

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1burden of proof of those allegations shall be upon the State.
2    (e) This Section shall be liberally construed to
3effectuate the purpose of relying on pretrial release by
4nonmonetary means to reasonably ensure an eligible person's
5appearance in court, the protection of the safety of any other
6person or the community, that the person will not attempt or
7obstruct the criminal justice process, and the person's
8compliance with all conditions of release, while authorizing
9the court, upon motion of a prosecutor, to order pretrial
10detention of the person under Section 110-6.1 when it finds
11clear and convincing evidence that no condition or combination
12of conditions can reasonably ensure the effectuation of these
13goals.
14(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
 
15    (725 ILCS 5/110-3)  (from Ch. 38, par. 110-3)
16    Sec. 110-3. Issuance of warrant Options for warrant
17alternatives. Upon failure to comply with any condition of a
18bail bond or recognizance the court having jurisdiction at the
19time of such failure may, in addition to any other action
20provided by law, issue a warrant for the arrest of the person
21at liberty on bail or his own recognizance. The contents of
22such a warrant shall be the same as required for an arrest
23warrant issued upon complaint. When a defendant is at liberty
24on bail or his own recognizance on a felony charge and fails to
25appear in court as directed, the court shall issue a warrant

 

 

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1for the arrest of such person. Such warrant shall be noted with
2a directive to peace officers to arrest the person and hold
3such person without bail and to deliver such person before the
4court for further proceedings.
5    A defendant who is arrested or surrenders within 30 days
6of the issuance of such warrant shall not be bailable in the
7case in question unless he shows by the preponderance of the
8evidence that his failure to appear was not intentional.
9    (a) Upon failure to comply with any condition of pretrial
10release, the court having jurisdiction at the time of such
11failure may, on its own motion or upon motion from the State,
12issue a summons or a warrant for the arrest of the person at
13liberty on pretrial release. This Section shall be construed
14to effectuate the goal of relying upon summonses rather than
15warrants to ensure the appearance of the defendant in court
16whenever possible. The contents of such a summons or warrant
17shall be the same as required for those issued upon complaint
18under Section 107-9.
19    (b) A defendant who appears in court on the date assigned
20or within 48 hours of service, whichever is later, in response
21to a summons issued for failure to appear in court, shall not
22be recorded in the official docket as having failed to appear
23on the initial missed court date. If a person fails to appear
24in court on the date listed on the summons, the court may issue
25a warrant for the person's arrest.
26    (c) For the purpose of any risk assessment or future

 

 

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1evaluation of risk of willful flight or risk of failure to
2appear, a nonappearance in court cured by an appearance in
3response to a summons shall not be considered as evidence of
4future likelihood of appearance in court.
5(Source: P.A. 101-652, eff. 1-1-23; 102-813, eff. 5-13-22;
6102-1104, eff. 1-1-23.)
 
7    (725 ILCS 5/110-5)  (from Ch. 38, par. 110-5)
8    Sec. 110-5. Determining the amount of bail and conditions
9of release.
10    (a) In determining the amount of monetary bail or
11conditions of release, if any, which will reasonably assure
12the appearance of a defendant as required or the safety of any
13other person or the community and the likelihood of compliance
14by the defendant with all the conditions of bail, the court
15shall, on the basis of available information, take into
16account such matters as the nature and circumstances of the
17offense charged, whether the evidence shows that as part of
18the offense there was a use of violence or threatened use of
19violence, whether the offense involved corruption of public
20officials or employees, whether there was physical harm or
21threats of physical harm to any public official, public
22employee, judge, prosecutor, juror or witness, senior citizen,
23child, or person with a disability, whether evidence shows
24that during the offense or during the arrest the defendant
25possessed or used a firearm, machine gun, explosive or metal

 

 

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1piercing ammunition or explosive bomb device or any military
2or paramilitary armament, whether the evidence shows that the
3offense committed was related to or in furtherance of the
4criminal activities of an organized gang or was motivated by
5the defendant's membership in or allegiance to an organized
6gang, the condition of the victim, any written statement
7submitted by the victim or proffer or representation by the
8State regarding the impact which the alleged criminal conduct
9has had on the victim and the victim's concern, if any, with
10further contact with the defendant if released on bail,
11whether the offense was based on racial, religious, sexual
12orientation or ethnic hatred, the likelihood of the filing of
13a greater charge, the likelihood of conviction, the sentence
14applicable upon conviction, the weight of the evidence against
15such defendant, whether there exists motivation or ability to
16flee, whether there is any verification as to prior residence,
17education, or family ties in the local jurisdiction, in
18another county, state or foreign country, the defendant's
19employment, financial resources, character and mental
20condition, past conduct, prior use of alias names or dates of
21birth, and length of residence in the community, the consent
22of the defendant to periodic drug testing in accordance with
23Section 110-6.5, whether a foreign national defendant is
24lawfully admitted in the United States of America, whether the
25government of the foreign national maintains an extradition
26treaty with the United States by which the foreign government

 

 

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1will extradite to the United States its national for a trial
2for a crime allegedly committed in the United States, whether
3the defendant is currently subject to deportation or exclusion
4under the immigration laws of the United States, whether the
5defendant, although a United States citizen, is considered
6under the law of any foreign state a national of that state for
7the purposes of extradition or non-extradition to the United
8States, the amount of unrecovered proceeds lost as a result of
9the alleged offense, the source of bail funds tendered or
10sought to be tendered for bail, whether from the totality of
11the court's consideration, the loss of funds posted or sought
12to be posted for bail will not deter the defendant from flight,
13whether the evidence shows that the defendant is engaged in
14significant possession, manufacture, or delivery of a
15controlled substance or cannabis, either individually or in
16consort with others, whether at the time of the offense
17charged he or she was on bond or pre-trial release pending
18trial, probation, periodic imprisonment or conditional
19discharge pursuant to this Code or the comparable Code of any
20other state or federal jurisdiction, whether the defendant is
21on bond or pre-trial release pending the imposition or
22execution of sentence or appeal of sentence for any offense
23under the laws of Illinois or any other state or federal
24jurisdiction, whether the defendant is under parole, aftercare
25release, mandatory supervised release, or work release from
26the Illinois Department of Corrections or Illinois Department

 

 

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1of Juvenile Justice or any penal institution or corrections
2department of any state or federal jurisdiction, the
3defendant's record of convictions, whether the defendant has
4been convicted of a misdemeanor or ordinance offense in
5Illinois or similar offense in other state or federal
6jurisdiction within the 10 years preceding the current charge
7or convicted of a felony in Illinois, whether the defendant
8was convicted of an offense in another state or federal
9jurisdiction that would be a felony if committed in Illinois
10within the 20 years preceding the current charge or has been
11convicted of such felony and released from the penitentiary
12within 20 years preceding the current charge if a penitentiary
13sentence was imposed in Illinois or other state or federal
14jurisdiction, the defendant's records of juvenile adjudication
15of delinquency in any jurisdiction, any record of appearance
16or failure to appear by the defendant at court proceedings,
17whether there was flight to avoid arrest or prosecution,
18whether the defendant escaped or attempted to escape to avoid
19arrest, whether the defendant refused to identify himself or
20herself, or whether there was a refusal by the defendant to be
21fingerprinted as required by law. Information used by the
22court in its findings or stated in or offered in connection
23with this Section may be by way of proffer based upon reliable
24information offered by the State or defendant. All evidence
25shall be admissible if it is relevant and reliable regardless
26of whether it would be admissible under the rules of evidence

 

 

HB2337- 369 -LRB103 05867 HEP 50888 b

1applicable at criminal trials. If the State presents evidence
2that the offense committed by the defendant was related to or
3in furtherance of the criminal activities of an organized gang
4or was motivated by the defendant's membership in or
5allegiance to an organized gang, and if the court determines
6that the evidence may be substantiated, the court shall
7prohibit the defendant from associating with other members of
8the organized gang as a condition of bail or release. For the
9purposes of this Section, "organized gang" has the meaning
10ascribed to it in Section 10 of the Illinois Streetgang
11Terrorism Omnibus Prevention Act.
12    (a-5) There shall be a presumption that any conditions of
13release imposed shall be non-monetary in nature and the court
14shall impose the least restrictive conditions or combination
15of conditions necessary to reasonably assure the appearance of
16the defendant for further court proceedings and protect the
17integrity of the judicial proceedings from a specific threat
18to a witness or participant. Conditions of release may
19include, but not be limited to, electronic home monitoring,
20curfews, drug counseling, stay-away orders, and in-person
21reporting. The court shall consider the defendant's
22socio-economic circumstance when setting conditions of release
23or imposing monetary bail.
24    (b) The amount of bail shall be:
25        (1) Sufficient to assure compliance with the
26    conditions set forth in the bail bond, which shall include

 

 

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1    the defendant's current address with a written
2    admonishment to the defendant that he or she must comply
3    with the provisions of Section 110-12 regarding any change
4    in his or her address. The defendant's address shall at
5    all times remain a matter of public record with the clerk
6    of the court.
7        (2) Not oppressive.
8        (3) Considerate of the financial ability of the
9    accused.
10        (4) When a person is charged with a drug related
11    offense involving possession or delivery of cannabis or
12    possession or delivery of a controlled substance as
13    defined in the Cannabis Control Act, the Illinois
14    Controlled Substances Act, or the Methamphetamine Control
15    and Community Protection Act, the full street value of the
16    drugs seized shall be considered. "Street value" shall be
17    determined by the court on the basis of a proffer by the
18    State based upon reliable information of a law enforcement
19    official contained in a written report as to the amount
20    seized and such proffer may be used by the court as to the
21    current street value of the smallest unit of the drug
22    seized.
23    (b-5) Upon the filing of a written request demonstrating
24reasonable cause, the State's Attorney may request a source of
25bail hearing either before or after the posting of any funds.
26If the hearing is granted, before the posting of any bail, the

 

 

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1accused must file a written notice requesting that the court
2conduct a source of bail hearing. The notice must be
3accompanied by justifying affidavits stating the legitimate
4and lawful source of funds for bail. At the hearing, the court
5shall inquire into any matters stated in any justifying
6affidavits, and may also inquire into matters appropriate to
7the determination which shall include, but are not limited to,
8the following:
9        (1) the background, character, reputation, and
10    relationship to the accused of any surety; and
11        (2) the source of any money or property deposited by
12    any surety, and whether any such money or property
13    constitutes the fruits of criminal or unlawful conduct;
14    and
15        (3) the source of any money posted as cash bail, and
16    whether any such money constitutes the fruits of criminal
17    or unlawful conduct; and
18        (4) the background, character, reputation, and
19    relationship to the accused of the person posting cash
20    bail.
21    Upon setting the hearing, the court shall examine, under
22oath, any persons who may possess material information.
23    The State's Attorney has a right to attend the hearing, to
24call witnesses and to examine any witness in the proceeding.
25The court shall, upon request of the State's Attorney,
26continue the proceedings for a reasonable period to allow the

 

 

HB2337- 372 -LRB103 05867 HEP 50888 b

1State's Attorney to investigate the matter raised in any
2testimony or affidavit. If the hearing is granted after the
3accused has posted bail, the court shall conduct a hearing
4consistent with this subsection (b-5). At the conclusion of
5the hearing, the court must issue an order either approving or
6disapproving the bail.
7    (c) When a person is charged with an offense punishable by
8fine only the amount of the bail shall not exceed double the
9amount of the maximum penalty.
10    (d) When a person has been convicted of an offense and only
11a fine has been imposed the amount of the bail shall not exceed
12double the amount of the fine.
13    (e) The State may appeal any order granting bail or
14setting a given amount for bail.
15    (f) When a person is charged with a violation of an order
16of protection under Section 12-3.4 or 12-30 of the Criminal
17Code of 1961 or the Criminal Code of 2012 or when a person is
18charged with domestic battery, aggravated domestic battery,
19kidnapping, aggravated kidnaping, unlawful restraint,
20aggravated unlawful restraint, stalking, aggravated stalking,
21cyberstalking, harassment by telephone, harassment through
22electronic communications, or an attempt to commit first
23degree murder committed against an intimate partner regardless
24whether an order of protection has been issued against the
25person,
26        (1) whether the alleged incident involved harassment

 

 

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1    or abuse, as defined in the Illinois Domestic Violence Act
2    of 1986;
3        (2) whether the person has a history of domestic
4    violence, as defined in the Illinois Domestic Violence
5    Act, or a history of other criminal acts;
6        (3) based on the mental health of the person;
7        (4) whether the person has a history of violating the
8    orders of any court or governmental entity;
9        (5) whether the person has been, or is, potentially a
10    threat to any other person;
11        (6) whether the person has access to deadly weapons or
12    a history of using deadly weapons;
13        (7) whether the person has a history of abusing
14    alcohol or any controlled substance;
15        (8) based on the severity of the alleged incident that
16    is the basis of the alleged offense, including, but not
17    limited to, the duration of the current incident, and
18    whether the alleged incident involved the use of a weapon,
19    physical injury, sexual assault, strangulation, abuse
20    during the alleged victim's pregnancy, abuse of pets, or
21    forcible entry to gain access to the alleged victim;
22        (9) whether a separation of the person from the
23    alleged victim or a termination of the relationship
24    between the person and the alleged victim has recently
25    occurred or is pending;
26        (10) whether the person has exhibited obsessive or

 

 

HB2337- 374 -LRB103 05867 HEP 50888 b

1    controlling behaviors toward the alleged victim,
2    including, but not limited to, stalking, surveillance, or
3    isolation of the alleged victim or victim's family member
4    or members;
5        (11) whether the person has expressed suicidal or
6    homicidal ideations;
7        (12) based on any information contained in the
8    complaint and any police reports, affidavits, or other
9    documents accompanying the complaint,
10the court may, in its discretion, order the respondent to
11undergo a risk assessment evaluation using a recognized,
12evidence-based instrument conducted by an Illinois Department
13of Human Services approved partner abuse intervention program
14provider, pretrial service, probation, or parole agency. These
15agencies shall have access to summaries of the defendant's
16criminal history, which shall not include victim interviews or
17information, for the risk evaluation. Based on the information
18collected from the 12 points to be considered at a bail hearing
19under this subsection (f), the results of any risk evaluation
20conducted and the other circumstances of the violation, the
21court may order that the person, as a condition of bail, be
22placed under electronic surveillance as provided in Section
235-8A-7 of the Unified Code of Corrections. Upon making a
24determination whether or not to order the respondent to
25undergo a risk assessment evaluation or to be placed under
26electronic surveillance and risk assessment, the court shall

 

 

HB2337- 375 -LRB103 05867 HEP 50888 b

1document in the record the court's reasons for making those
2determinations. The cost of the electronic surveillance and
3risk assessment shall be paid by, or on behalf, of the
4defendant. As used in this subsection (f), "intimate partner"
5means a spouse or a current or former partner in a cohabitation
6or dating relationship.
7    (a) In determining which conditions of pretrial release,
8if any, will reasonably ensure the appearance of a defendant
9as required or the safety of any other person or the community
10and the likelihood of compliance by the defendant with all the
11conditions of pretrial release, the court shall, on the basis
12of available information, take into account such matters as:
13        (1) the nature and circumstances of the offense
14    charged;
15        (2) the weight of the evidence against the defendant,
16    except that the court may consider the admissibility of
17    any evidence sought to be excluded;
18        (3) the history and characteristics of the defendant,
19    including:
20            (A) the defendant's character, physical and mental
21        condition, family ties, employment, financial
22        resources, length of residence in the community,
23        community ties, past relating to drug or alcohol
24        abuse, conduct, history criminal history, and record
25        concerning appearance at court proceedings; and
26            (B) whether, at the time of the current offense or

 

 

HB2337- 376 -LRB103 05867 HEP 50888 b

1        arrest, the defendant was on probation, parole, or on
2        other release pending trial, sentencing, appeal, or
3        completion of sentence for an offense under federal
4        law, or the law of this or any other state;
5        (4) the nature and seriousness of the real and present
6    threat to the safety of any person or persons or the
7    community, based on the specific articulable facts of the
8    case, that would be posed by the defendant's release, if
9    applicable, as required under paragraph (7.5) of Section 4
10    of the Rights of Crime Victims and Witnesses Act;
11        (5) the nature and seriousness of the risk of
12    obstructing or attempting to obstruct the criminal justice
13    process that would be posed by the defendant's release, if
14    applicable;
15        (6) when a person is charged with a violation of a
16    protective order, domestic battery, aggravated domestic
17    battery, kidnapping, aggravated kidnaping, unlawful
18    restraint, aggravated unlawful restraint, cyberstalking,
19    harassment by telephone, harassment through electronic
20    communications, or an attempt to commit first degree
21    murder committed against a spouse or a current or former
22    partner in a cohabitation or dating relationship,
23    regardless of whether an order of protection has been
24    issued against the person, the court may consider the
25    following additional factors:
26            (A) whether the alleged incident involved

 

 

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1        harassment or abuse, as defined in the Illinois
2        Domestic Violence Act of 1986;
3            (B) whether the person has a history of domestic
4        violence, as defined in the Illinois Domestic Violence
5        Act of 1986, or a history of other criminal acts;
6            (C) the mental health of the person;
7            (D) whether the person has a history of violating
8        the orders of any court or governmental entity;
9            (E) whether the person has been, or is,
10        potentially a threat to any other person;
11            (F) whether the person has access to deadly
12        weapons or a history of using deadly weapons;
13            (G) whether the person has a history of abusing
14        alcohol or any controlled substance;
15            (H) the severity of the alleged incident that is
16        the basis of the alleged offense, including, but not
17        limited to, the duration of the current incident, and
18        whether the alleged incident involved the use of a
19        weapon, physical injury, sexual assault,
20        strangulation, abuse during the alleged victim's
21        pregnancy, abuse of pets, or forcible entry to gain
22        access to the alleged victim;
23            (I) whether a separation of the person from the
24        victim of abuse or a termination of the relationship
25        between the person and the victim of abuse has
26        recently occurred or is pending;

 

 

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1            (J) whether the person has exhibited obsessive or
2        controlling behaviors toward the victim of abuse,
3        including, but not limited to, stalking, surveillance,
4        or isolation of the victim of abuse or the victim's
5        family member or members;
6            (K) whether the person has expressed suicidal or
7        homicidal ideations; and
8            (L) any other factors deemed by the court to have a
9        reasonable bearing upon the defendant's propensity or
10        reputation for violent, abusive, or assaultive
11        behavior, or lack of that behavior.
12        (7) in cases of stalking or aggravated stalking under
13    Section 12-7.3 or 12-7.4 of the Criminal Code of 2012, the
14    court may consider the factors listed in paragraph (6) and
15    the following additional factors:
16            (A) any evidence of the defendant's prior criminal
17        history indicative of violent, abusive or assaultive
18        behavior, or lack of that behavior; the evidence may
19        include testimony or documents received in juvenile
20        proceedings, criminal, quasi-criminal, civil
21        commitment, domestic relations, or other proceedings;
22            (B) any evidence of the defendant's psychological,
23        psychiatric, or other similar social history that
24        tends to indicate a violent, abusive, or assaultive
25        nature, or lack of any such history;
26            (C) the nature of the threat that is the basis of

 

 

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1        the charge against the defendant;
2            (D) any statements made by, or attributed to, the
3        defendant, together with the circumstances surrounding
4        them;
5            (E) the age and physical condition of any person
6        allegedly assaulted by the defendant;
7            (F) whether the defendant is known to possess or
8        have access to any weapon or weapons; and
9            (G) any other factors deemed by the court to have a
10        reasonable bearing upon the defendant's propensity or
11        reputation for violent, abusive, or assaultive
12        behavior, or lack of that behavior.
13    (b) The court may use a regularly validated risk
14assessment tool to aid its determination of appropriate
15conditions of release as provided under Section 110-6.4. If a
16risk assessment tool is used, the defendant's counsel shall be
17provided with the information and scoring system of the risk
18assessment tool used to arrive at the determination. The
19defendant retains the right to challenge the validity of a
20risk assessment tool used by the court and to present evidence
21relevant to the defendant's challenge.
22    (c) The court shall impose any conditions that are
23mandatory under subsection (a) of Section 110-10. The court
24may impose any conditions that are permissible under
25subsection (b) of Section 110-10. The conditions of release
26imposed shall be the least restrictive conditions or

 

 

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1combination of conditions necessary to reasonably ensure the
2appearance of the defendant as required or the safety of any
3other person or persons or the community.
4    (d) When a person is charged with a violation of a
5protective order, the court may order the defendant placed
6under electronic surveillance as a condition of pretrial
7release, as provided in Section 5-8A-7 of the Unified Code of
8Corrections, based on the information collected under
9paragraph (6) of subsection (a) of this Section, the results
10of any assessment conducted, or other circumstances of the
11violation.
12    (e) If a person remains in pretrial detention 48 hours
13after having been ordered released with pretrial conditions,
14the court shall hold a hearing to determine the reason for
15continued detention. If the reason for continued detention is
16due to the unavailability or the defendant's ineligibility for
17one or more pretrial conditions previously ordered by the
18court or directed by a pretrial services agency, the court
19shall reopen the conditions of release hearing to determine
20what available pretrial conditions exist that will reasonably
21ensure the appearance of a defendant as required, the safety
22of any other person, and the likelihood of compliance by the
23defendant with all the conditions of pretrial release. The
24inability of the defendant to pay for a condition of release or
25any other ineligibility for a condition of pretrial release
26shall not be used as a justification for the pretrial

 

 

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1detention of that defendant.
2    (f) Prior to the defendant's first appearance, and with
3sufficient time for meaningful attorney-client contact to
4gather information in order to advocate effectively for the
5defendant's pretrial release, the court shall appoint the
6public defender or a licensed attorney at law of this State to
7represent the defendant for purposes of that hearing, unless
8the defendant has obtained licensed counsel. Defense counsel
9shall have access to the same documentary information relied
10upon by the prosecution and presented to the court.
11    (f-5) At each subsequent appearance of the defendant
12before the court, the judge must find that the current
13conditions imposed are necessary to reasonably ensure the
14appearance of the defendant as required, the safety of any
15other person, and the compliance of the defendant with all the
16conditions of pretrial release. The court is not required to
17be presented with new information or a change in circumstance
18to remove pretrial conditions.
19    (g) Electronic monitoring, GPS monitoring, or home
20confinement can only be imposed as a condition of pretrial
21release if a no less restrictive condition of release or
22combination of less restrictive condition of release would
23reasonably ensure the appearance of the defendant for later
24hearings or protect an identifiable person or persons from
25imminent threat of serious physical harm.
26    (h) If the court imposes electronic monitoring, GPS

 

 

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1monitoring, or home confinement, the court shall set forth in
2the record the basis for its finding. A defendant shall be
3given custodial credit for each day he or she was subjected to
4home confinement, at the same rate described in subsection (b)
5of Section 5-4.5-100 of the Unified Code of Corrections. The
6court may give custodial credit to a defendant for each day the
7defendant was subjected to GPS monitoring without home
8confinement or electronic monitoring without home confinement.
9    (i) If electronic monitoring, GPS monitoring, or home
10confinement is imposed, the court shall determine every 60
11days if no less restrictive condition of release or
12combination of less restrictive conditions of release would
13reasonably ensure the appearance, or continued appearance, of
14the defendant for later hearings or protect an identifiable
15person or persons from imminent threat of serious physical
16harm. If the court finds that there are less restrictive
17conditions of release, the court shall order that the
18condition be removed. This subsection takes effect January 1,
192022.
20    (j) Crime Victims shall be given notice by the State's
21Attorney's office of this hearing as required in paragraph (1)
22of subsection (b) of Section 4.5 of the Rights of Crime Victims
23and Witnesses Act and shall be informed of their opportunity
24at this hearing to obtain a protective order.
25    (k) The State and defendants may appeal court orders
26imposing conditions of pretrial release.

 

 

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1(Source: P.A. 101-652, eff. 1-1-23; 102-28, eff. 6-25-21;
2102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-1104, eff.
31-1-23.)
 
4    (725 ILCS 5/110-5.2)
5    Sec. 110-5.2. Bail Pretrial release; pregnant pre-trial
6detainee.
7    (a) It is the policy of this State that a pre-trial
8detainee shall not be required to deliver a child while in
9custody absent a finding by the court that continued pre-trial
10custody is necessary to protect the public or the victim of the
11offense on which the charge is based alleviate a real and
12present threat to the safety of any person or persons or the
13community, based on the specific articulable facts of the
14case, or prevent the defendant's willful flight.
15    (b) If the court reasonably believes that a pre-trial
16detainee will give birth while in custody, the court shall
17order an alternative to custody unless, after a hearing, the
18court determines:
19        (1) that the release of the pregnant pre-trial
20    detainee would pose a real and present threat to the
21    physical safety of the alleged victim of the offense and
22    continuing custody is necessary to prevent the fulfillment
23    of the threat upon which the charge is based; or the
24    pregnant pretrial detainee is charged with an offense for
25    which pretrial release may be denied under Section

 

 

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1    110-6.1; and
2        (2) that the release of the pregnant pre-trial
3    detainee would pose a real and present threat to the
4    physical safety of any person or persons or the general
5    public after a hearing under Section 110-6.1 that
6    considers the circumstances of the pregnancy, the court
7    determines that continued detention is the only way to
8    prevent a real and present threat to the safety of any
9    person or persons or the community, based on the specific
10    articulable facts of the case, or prevent the defendant's
11    willful flight.
12    (c) The court may order a pregnant or post-partum detainee
13to be subject to electronic monitoring as a condition of
14pre-trial release or order other condition or combination of
15conditions the court reasonably determines are in the best
16interest of the detainee and the public. Electronic Monitoring
17may be ordered by the court only if no less restrictive
18condition of release or combination of less restrictive
19conditions of release would reasonably ensure the appearance,
20or continued appearance, of the defendant for later hearings
21or protect an identifiable person or persons from imminent
22threat of serious physical harm. All pregnant people or those
23who have given birth within 6 weeks shall be granted ample
24movement to attend doctor's appointments and for emergencies
25related to the health of the pregnancy, infant, or postpartum
26person.

 

 

HB2337- 385 -LRB103 05867 HEP 50888 b

1    (d) This Section shall be applicable to a pregnant
2pre-trial detainee in custody on or after the effective date
3of this amendatory Act of the 100th General Assembly.
4(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
 
5    (725 ILCS 5/110-6)  (from Ch. 38, par. 110-6)
6    Sec. 110-6. Modification of bail or conditions Revocation
7of pretrial release, modification of conditions of pretrial
8release, and sanctions for violations of conditions of
9pretrial release.
10    (a) Upon verified application by the State or the
11defendant or on its own motion the court before which the
12proceeding is pending may increase or reduce the amount of
13bail or may alter the conditions of the bail bond or grant bail
14where it has been previously revoked or denied. If bail has
15been previously revoked pursuant to subsection (f) of this
16Section or if bail has been denied to the defendant pursuant to
17subsection (e) of Section 110-6.1 or subsection (e) of Section
18110-6.3, the defendant shall be required to present a verified
19application setting forth in detail any new facts not known or
20obtainable at the time of the previous revocation or denial of
21bail proceedings. If the court grants bail where it has been
22previously revoked or denied, the court shall state on the
23record of the proceedings the findings of facts and conclusion
24of law upon which such order is based.
25    (a-5) In addition to any other available motion or

 

 

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1procedure under this Code, a person in custody solely for a
2Category B offense due to an inability to post monetary bail
3shall be brought before the court at the next available court
4date or 7 calendar days from the date bail was set, whichever
5is earlier, for a rehearing on the amount or conditions of bail
6or release pending further court proceedings. The court may
7reconsider conditions of release for any other person whose
8inability to post monetary bail is the sole reason for
9continued incarceration, including a person in custody for a
10Category A offense or a Category A offense and a Category B
11offense. The court may deny the rehearing permitted under this
12subsection (a-5) if the person has failed to appear as
13required before the court and is incarcerated based on a
14warrant for failure to appear on the same original criminal
15offense.
16    (b) Violation of the conditions of Section 110-10 of this
17Code or any special conditions of bail as ordered by the court
18shall constitute grounds for the court to increase the amount
19of bail, or otherwise alter the conditions of bail, or, where
20the alleged offense committed on bail is a forcible felony in
21Illinois or a Class 2 or greater offense under the Illinois
22Controlled Substances Act, the Cannabis Control Act, or the
23Methamphetamine Control and Community Protection Act, revoke
24bail pursuant to the appropriate provisions of subsection (e)
25of this Section.
26    (c) Reasonable notice of such application by the defendant

 

 

HB2337- 387 -LRB103 05867 HEP 50888 b

1shall be given to the State.
2    (d) Reasonable notice of such application by the State
3shall be given to the defendant, except as provided in
4subsection (e).
5    (e) Upon verified application by the State stating facts
6or circumstances constituting a violation or a threatened
7violation of any of the conditions of the bail bond the court
8may issue a warrant commanding any peace officer to bring the
9defendant without unnecessary delay before the court for a
10hearing on the matters set forth in the application. If the
11actual court before which the proceeding is pending is absent
12or otherwise unavailable another court may issue a warrant
13pursuant to this Section. When the defendant is charged with a
14felony offense and while free on bail is charged with a
15subsequent felony offense and is the subject of a proceeding
16set forth in Section 109-1 or 109-3 of this Code, upon the
17filing of a verified petition by the State alleging a
18violation of Section 110-10 (a) (4) of this Code, the court
19shall without prior notice to the defendant, grant leave to
20file such application and shall order the transfer of the
21defendant and the application without unnecessary delay to the
22court before which the previous felony matter is pending for a
23hearing as provided in subsection (b) or this subsection of
24this Section. The defendant shall be held without bond pending
25transfer to and a hearing before such court. At the conclusion
26of the hearing based on a violation of the conditions of

 

 

HB2337- 388 -LRB103 05867 HEP 50888 b

1Section 110-10 of this Code or any special conditions of bail
2as ordered by the court the court may enter an order increasing
3the amount of bail or alter the conditions of bail as deemed
4appropriate.
5    (f) Where the alleged violation consists of the violation
6of one or more felony statutes of any jurisdiction which would
7be a forcible felony in Illinois or a Class 2 or greater
8offense under the Illinois Controlled Substances Act, the
9Cannabis Control Act, or the Methamphetamine Control and
10Community Protection Act and the defendant is on bail for the
11alleged commission of a felony, or where the defendant is on
12bail for a felony domestic battery (enhanced pursuant to
13subsection (b) of Section 12-3.2 of the Criminal Code of 1961
14or the Criminal Code of 2012), aggravated domestic battery,
15aggravated battery, unlawful restraint, aggravated unlawful
16restraint or domestic battery in violation of item (1) of
17subsection (a) of Section 12-3.2 of the Criminal Code of 1961
18or the Criminal Code of 2012 against a family or household
19member as defined in Section 112A-3 of this Code and the
20violation is an offense of domestic battery against the same
21victim the court shall, on the motion of the State or its own
22motion, revoke bail in accordance with the following
23provisions:
24        (1) The court shall hold the defendant without bail
25    pending the hearing on the alleged breach; however, if the
26    defendant is not admitted to bail the hearing shall be

 

 

HB2337- 389 -LRB103 05867 HEP 50888 b

1    commenced within 10 days from the date the defendant is
2    taken into custody or the defendant may not be held any
3    longer without bail, unless delay is occasioned by the
4    defendant. Where defendant occasions the delay, the
5    running of the 10 day period is temporarily suspended and
6    resumes at the termination of the period of delay. Where
7    defendant occasions the delay with 5 or fewer days
8    remaining in the 10 day period, the court may grant a
9    period of up to 5 additional days to the State for good
10    cause shown. The State, however, shall retain the right to
11    proceed to hearing on the alleged violation at any time,
12    upon reasonable notice to the defendant and the court.
13        (2) At a hearing on the alleged violation the State
14    has the burden of going forward and proving the violation
15    by clear and convincing evidence. The evidence shall be
16    presented in open court with the opportunity to testify,
17    to present witnesses in his behalf, and to cross-examine
18    witnesses if any are called by the State, and
19    representation by counsel and if the defendant is indigent
20    to have counsel appointed for him. The rules of evidence
21    applicable in criminal trials in this State shall not
22    govern the admissibility of evidence at such hearing.
23    Information used by the court in its findings or stated in
24    or offered in connection with hearings for increase or
25    revocation of bail may be by way of proffer based upon
26    reliable information offered by the State or defendant.

 

 

HB2337- 390 -LRB103 05867 HEP 50888 b

1    All evidence shall be admissible if it is relevant and
2    reliable regardless of whether it would be admissible
3    under the rules of evidence applicable at criminal trials.
4    A motion by the defendant to suppress evidence or to
5    suppress a confession shall not be entertained at such a
6    hearing. Evidence that proof may have been obtained as a
7    result of an unlawful search and seizure or through
8    improper interrogation is not relevant to this hearing.
9        (3) Upon a finding by the court that the State has
10    established by clear and convincing evidence that the
11    defendant has committed a forcible felony or a Class 2 or
12    greater offense under the Illinois Controlled Substances
13    Act, the Cannabis Control Act, or the Methamphetamine
14    Control and Community Protection Act while admitted to
15    bail, or where the defendant is on bail for a felony
16    domestic battery (enhanced pursuant to subsection (b) of
17    Section 12-3.2 of the Criminal Code of 1961 or the
18    Criminal Code of 2012), aggravated domestic battery,
19    aggravated battery, unlawful restraint, aggravated
20    unlawful restraint or domestic battery in violation of
21    item (1) of subsection (a) of Section 12-3.2 of the
22    Criminal Code of 1961 or the Criminal Code of 2012 against
23    a family or household member as defined in Section 112A-3
24    of this Code and the violation is an offense of domestic
25    battery, against the same victim, the court shall revoke
26    the bail of the defendant and hold the defendant for trial

 

 

HB2337- 391 -LRB103 05867 HEP 50888 b

1    without bail. Neither the finding of the court nor any
2    transcript or other record of the hearing shall be
3    admissible in the State's case in chief, but shall be
4    admissible for impeachment, or as provided in Section
5    115-10.1 of this Code or in a perjury proceeding.
6        (4) If the bail of any defendant is revoked pursuant
7    to paragraph (f) (3) of this Section, the defendant may
8    demand and shall be entitled to be brought to trial on the
9    offense with respect to which he was formerly released on
10    bail within 90 days after the date on which his bail was
11    revoked. If the defendant is not brought to trial within
12    the 90 day period required by the preceding sentence, he
13    shall not be held longer without bail. In computing the 90
14    day period, the court shall omit any period of delay
15    resulting from a continuance granted at the request of the
16    defendant.
17        (5) If the defendant either is arrested on a warrant
18    issued pursuant to this Code or is arrested for an
19    unrelated offense and it is subsequently discovered that
20    the defendant is a subject of another warrant or warrants
21    issued pursuant to this Code, the defendant shall be
22    transferred promptly to the court which issued such
23    warrant. If, however, the defendant appears initially
24    before a court other than the court which issued such
25    warrant, the non-issuing court shall not alter the amount
26    of bail set on such warrant unless the court sets forth on

 

 

HB2337- 392 -LRB103 05867 HEP 50888 b

1    the record of proceedings the conclusions of law and facts
2    which are the basis for such altering of another court's
3    bond. The non-issuing court shall not alter another
4    court's bail set on a warrant unless the interests of
5    justice and public safety are served by such action.
6    (g) The State may appeal any order where the court has
7increased or reduced the amount of bail or altered the
8conditions of the bail bond or granted bail where it has
9previously been revoked.
10    (a) When a defendant has previously been granted pretrial
11release under this Section for a felony or Class A
12misdemeanor, that pretrial release may be revoked only if the
13defendant is charged with a felony or Class A misdemeanor that
14is alleged to have occurred during the defendant's pretrial
15release after a hearing on the court's own motion or upon the
16filing of a verified petition by the State.
17    When a defendant released pretrial is charged with a
18violation of a protective order or was previously convicted of
19a violation of a protective order and the subject of the
20protective order is the same person as the victim in the
21current underlying matter, the State shall file a verified
22petition seeking revocation of pretrial release.
23    Upon the filing of a petition or upon motion of the court
24seeking revocation, the court shall order the transfer of the
25defendant and the petition or motion to the court before which
26the previous felony or Class A misdemeanor is pending. The

 

 

HB2337- 393 -LRB103 05867 HEP 50888 b

1defendant may be held in custody pending transfer to and a
2hearing before such court. The defendant shall be transferred
3to the court before which the previous matter is pending
4without unnecessary delay, and the revocation hearing shall
5occur within 72 hours of the filing of the State's petition or
6the court's motion for revocation.
7    A hearing at which pretrial release may be revoked must be
8conducted in person (and not by way of two-way audio-visual
9communication) unless the accused waives the right to be
10present physically in court, the court determines that the
11physical health and safety of any person necessary to the
12proceedings would be endangered by appearing in court, or the
13chief judge of the circuit orders use of that system due to
14operational challenges in conducting the hearing in person.
15Such operational challenges must be documented and approved by
16the chief judge of the circuit, and a plan to address the
17challenges through reasonable efforts must be presented and
18approved by the Administrative Office of the Illinois Courts
19every 6 months.
20    The court before which the previous felony matter or Class
21A misdemeanor is pending may revoke the defendant's pretrial
22release after a hearing. During the hearing for revocation,
23the defendant shall be represented by counsel and have an
24opportunity to be heard regarding the violation and evidence
25in mitigation. The court shall consider all relevant
26circumstances, including, but not limited to, the nature and

 

 

HB2337- 394 -LRB103 05867 HEP 50888 b

1seriousness of the violation or criminal act alleged. The
2State shall bear the burden of proving, by clear and
3convincing evidence, that no condition or combination of
4conditions of release would reasonably ensure the appearance
5of the defendant for later hearings or prevent the defendant
6from being charged with a subsequent felony or Class A
7misdemeanor.
8    In lieu of revocation, the court may release the defendant
9pre-trial, with or without modification of conditions of
10pretrial release.
11    If the case that caused the revocation is dismissed, the
12defendant is found not guilty in the case causing the
13revocation, or the defendant completes a lawfully imposed
14sentence on the case causing the revocation, the court shall,
15without unnecessary delay, hold a hearing on conditions of
16pretrial release pursuant to Section 110-5 and release the
17defendant with or without modification of conditions of
18pretrial release.
19    Both the State and the defendant may appeal an order
20revoking pretrial release or denying a petition for revocation
21of release.
22    (b) If a defendant previously has been granted pretrial
23release under this Section for a Class B or Class C misdemeanor
24offense, a petty or business offense, or an ordinance
25violation and if the defendant is subsequently charged with a
26felony that is alleged to have occurred during the defendant's

 

 

HB2337- 395 -LRB103 05867 HEP 50888 b

1pretrial release or a Class A misdemeanor offense that is
2alleged to have occurred during the defendant's pretrial
3release, such pretrial release may not be revoked, but the
4court may impose sanctions under subsection (c).
5    (c) The court shall follow the procedures set forth in
6Section 110-3 to ensure the defendant's appearance in court if
7the defendant:
8        (1) fails to appear in court as required by the
9    defendant's conditions of release;
10        (2) is charged with a felony or Class A misdemeanor
11    offense that is alleged to have occurred during the
12    defendant's pretrial release after having been previously
13    granted pretrial release for a Class B or Class C
14    misdemeanor, a petty or business offense, or an ordinance
15    violation that is alleged to have occurred during the
16    defendant's pretrial release;
17        (3) is charged with a Class B or C misdemeanor
18    offense, petty or business offense, or ordinance violation
19    that is alleged to have occurred during the defendant's
20    pretrial release; or
21        (4) violates any other condition of pretrial release
22    set by the court.
23    In response to a violation described in this subsection,
24the court may issue a warrant specifying that the defendant
25must appear before the court for a hearing for sanctions and
26may not be released by law enforcement before that appearance.

 

 

HB2337- 396 -LRB103 05867 HEP 50888 b

1    (d) When a defendant appears in court pursuant to a
2summons or warrant issued in accordance with Section 110-3 or
3after being arrested for an offense that is alleged to have
4occurred during the defendant's pretrial release, the State
5may file a verified petition requesting a hearing for
6sanctions.
7    (e) During the hearing for sanctions, the defendant shall
8be represented by counsel and have an opportunity to be heard
9regarding the violation and evidence in mitigation. The State
10shall bear the burden of proving by clear and convincing
11evidence that:
12        (1) the defendant committed an act that violated a
13    term of the defendant's pretrial release;
14        (2) the defendant had actual knowledge that the
15    defendant's action would violate a court order;
16        (3) the violation of the court order was willful; and
17        (4) the violation was not caused by a lack of access to
18    financial monetary resources.
19    (f) Sanctions for violations of pretrial release may
20include:
21        (1) a verbal or written admonishment from the court;
22        (2) imprisonment in the county jail for a period not
23    exceeding 30 days;
24        (3) (Blank); or
25        (4) a modification of the defendant's pretrial
26    conditions.

 

 

HB2337- 397 -LRB103 05867 HEP 50888 b

1    (g) The court may, at any time, after motion by either
2party or on its own motion, remove previously set conditions
3of pretrial release, subject to the provisions in this
4subsection. The court may only add or increase conditions of
5pretrial release at a hearing under this Section.
6    The court shall not remove a previously set condition of
7pretrial release regulating contact with a victim or witness
8in the case, unless the subject of the condition has been given
9notice of the hearing as required in paragraph (1) of
10subsection (b) of Section 4.5 of the Rights of Crime Victims
11and Witnesses Act. If the subject of the condition of release
12is not present, the court shall follow the procedures of
13paragraph (10) of subsection (c-1) of the Rights of Crime
14Victims and Witnesses Act.
15    (h) Crime victims shall be given notice by the State's
16Attorney's office of all hearings under this Section as
17required in paragraph (1) of subsection (b) of Section 4.5 of
18the Rights of Crime Victims and Witnesses Act and shall be
19informed of their opportunity at these hearings to obtain a
20protective order.
21    (i) Nothing in this Section shall be construed to limit
22the State's ability to file a verified petition seeking denial
23of pretrial release under subsection (a) of Section 110-6.1 or
24subdivision (d)(2) of Section 110-6.1.
25    (j) At each subsequent appearance of the defendant before
26the court, the judge must find that continued detention under

 

 

HB2337- 398 -LRB103 05867 HEP 50888 b

1this Section is necessary to reasonably ensure the appearance
2of the defendant for later hearings or to prevent the
3defendant from being charged with a subsequent felony or Class
4A misdemeanor.
5(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
 
6    (725 ILCS 5/110-6.1)  (from Ch. 38, par. 110-6.1)
7    Sec. 110-6.1. Denial of bail in non-probationable felony
8offenses pretrial release.
9    (a) Upon verified petition by the State, the court shall
10hold a hearing to determine whether bail should be denied to a
11defendant who is charged with a felony offense for which a
12sentence of imprisonment, without probation, periodic
13imprisonment or conditional discharge, is required by law upon
14conviction, when it is alleged that the defendant's admission
15to bail poses a real and present threat to the physical safety
16of any person or persons.
17        (1) A petition may be filed without prior notice to
18    the defendant at the first appearance before a judge, or
19    within the 21 calendar days, except as provided in Section
20    110-6, after arrest and release of the defendant upon
21    reasonable notice to defendant; provided that while such
22    petition is pending before the court, the defendant if
23    previously released shall not be detained.
24        (2) The hearing shall be held immediately upon the
25    defendant's appearance before the court, unless for good

 

 

HB2337- 399 -LRB103 05867 HEP 50888 b

1    cause shown the defendant or the State seeks a
2    continuance. A continuance on motion of the defendant may
3    not exceed 5 calendar days, and a continuance on the
4    motion of the State may not exceed 3 calendar days. The
5    defendant may be held in custody during such continuance.
6    (b) The court may deny bail to the defendant where, after
7the hearing, it is determined that:
8        (1) the proof is evident or the presumption great that
9    the defendant has committed an offense for which a
10    sentence of imprisonment, without probation, periodic
11    imprisonment or conditional discharge, must be imposed by
12    law as a consequence of conviction, and
13        (2) the defendant poses a real and present threat to
14    the physical safety of any person or persons, by conduct
15    which may include, but is not limited to, a forcible
16    felony, the obstruction of justice, intimidation, injury,
17    physical harm, an offense under the Illinois Controlled
18    Substances Act which is a Class X felony, or an offense
19    under the Methamphetamine Control and Community Protection
20    Act which is a Class X felony, and
21        (3) the court finds that no condition or combination
22    of conditions set forth in subsection (b) of Section
23    110-10 of this Article, can reasonably assure the physical
24    safety of any other person or persons.
25    (c) Conduct of the hearings.
26        (1) The hearing on the defendant's culpability and

 

 

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1    dangerousness shall be conducted in accordance with the
2    following provisions:
3        (A) Information used by the court in its findings or
4        stated in or offered at such hearing may be by way of
5        proffer based upon reliable information offered by the
6        State or by defendant. Defendant has the right to be
7        represented by counsel, and if he is indigent, to have
8        counsel appointed for him. Defendant shall have the
9        opportunity to testify, to present witnesses in his
10        own behalf, and to cross-examine witnesses if any are
11        called by the State. The defendant has the right to
12        present witnesses in his favor. When the ends of
13        justice so require, the court may exercise its
14        discretion and compel the appearance of a complaining
15        witness. The court shall state on the record reasons
16        for granting a defense request to compel the presence
17        of a complaining witness. Cross-examination of a
18        complaining witness at the pretrial detention hearing
19        for the purpose of impeaching the witness' credibility
20        is insufficient reason to compel the presence of the
21        witness. In deciding whether to compel the appearance
22        of a complaining witness, the court shall be
23        considerate of the emotional and physical well-being
24        of the witness. The pre-trial detention hearing is not
25        to be used for purposes of discovery, and the post
26        arraignment rules of discovery do not apply. The State

 

 

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1        shall tender to the defendant, prior to the hearing,
2        copies of defendant's criminal history, if any, if
3        available, and any written or recorded statements and
4        the substance of any oral statements made by any
5        person, if relied upon by the State in its petition.
6        The rules concerning the admissibility of evidence in
7        criminal trials do not apply to the presentation and
8        consideration of information at the hearing. At the
9        trial concerning the offense for which the hearing was
10        conducted neither the finding of the court nor any
11        transcript or other record of the hearing shall be
12        admissible in the State's case in chief, but shall be
13        admissible for impeachment, or as provided in Section
14        115-10.1 of this Code, or in a perjury proceeding.
15        (B) A motion by the defendant to suppress evidence or
16        to suppress a confession shall not be entertained.
17        Evidence that proof may have been obtained as the
18        result of an unlawful search and seizure or through
19        improper interrogation is not relevant to this state
20        of the prosecution.
21        (2) The facts relied upon by the court to support a
22    finding that the defendant poses a real and present threat
23    to the physical safety of any person or persons shall be
24    supported by clear and convincing evidence presented by
25    the State.
26    (d) Factors to be considered in making a determination of

 

 

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1dangerousness. The court may, in determining whether the
2defendant poses a real and present threat to the physical
3safety of any person or persons, consider but shall not be
4limited to evidence or testimony concerning:
5        (1) The nature and circumstances of any offense
6    charged, including whether the offense is a crime of
7    violence, involving a weapon.
8        (2) The history and characteristics of the defendant
9    including:
10            (A) Any evidence of the defendant's prior criminal
11        history indicative of violent, abusive or assaultive
12        behavior, or lack of such behavior. Such evidence may
13        include testimony or documents received in juvenile
14        proceedings, criminal, quasi-criminal, civil
15        commitment, domestic relations or other proceedings.
16            (B) Any evidence of the defendant's psychological,
17        psychiatric or other similar social history which
18        tends to indicate a violent, abusive, or assaultive
19        nature, or lack of any such history.
20        (3) The identity of any person or persons to whose
21    safety the defendant is believed to pose a threat, and the
22    nature of the threat;
23        (4) Any statements made by, or attributed to the
24    defendant, together with the circumstances surrounding
25    them;
26        (5) The age and physical condition of any person

 

 

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1    assaulted by the defendant;
2        (6) Whether the defendant is known to possess or have
3    access to any weapon or weapons;
4        (7) Whether, at the time of the current offense or any
5    other offense or arrest, the defendant was on probation,
6    parole, aftercare release, mandatory supervised release or
7    other release from custody pending trial, sentencing,
8    appeal or completion of sentence for an offense under
9    federal or state law;
10        (8) Any other factors, including those listed in
11    Section 110-5 of this Article deemed by the court to have a
12    reasonable bearing upon the defendant's propensity or
13    reputation for violent, abusive or assaultive behavior, or
14    lack of such behavior.
15    (e) Detention order. The court shall, in any order for
16detention:
17        (1) briefly summarize the evidence of the defendant's
18    culpability and its reasons for concluding that the
19    defendant should be held without bail;
20        (2) direct that the defendant be committed to the
21    custody of the sheriff for confinement in the county jail
22    pending trial;
23        (3) direct that the defendant be given a reasonable
24    opportunity for private consultation with counsel, and for
25    communication with others of his choice by visitation,
26    mail and telephone; and

 

 

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1        (4) direct that the sheriff deliver the defendant as
2    required for appearances in connection with court
3    proceedings.
4    (f) If the court enters an order for the detention of the
5defendant pursuant to subsection (e) of this Section, the
6defendant shall be brought to trial on the offense for which he
7is detained within 90 days after the date on which the order
8for detention was entered. If the defendant is not brought to
9trial within the 90 day period required by the preceding
10sentence, he shall not be held longer without bail. In
11computing the 90 day period, the court shall omit any period of
12delay resulting from a continuance granted at the request of
13the defendant.
14    (g) Rights of the defendant. Any person shall be entitled
15to appeal any order entered under this Section denying bail to
16the defendant.
17    (h) The State may appeal any order entered under this
18Section denying any motion for denial of bail.
19    (i) Nothing in this Section shall be construed as
20modifying or limiting in any way the defendant's presumption
21of innocence in further criminal proceedings.
22    (a) Upon verified petition by the State, the court shall
23hold a hearing and may deny a defendant pretrial release only
24if:
25        (1) the defendant is charged with a felony offense
26    other than a forcible felony for which, based on the

 

 

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1    charge or the defendant's criminal history, a sentence of
2    imprisonment, without probation, periodic imprisonment or
3    conditional discharge, is required by law upon conviction,
4    and it is alleged that the defendant's pretrial release
5    poses a real and present threat to the safety of any person
6    or persons or the community, based on the specific
7    articulable facts of the case;
8        (1.5) the defendant's pretrial release poses a real
9    and present threat to the safety of any person or persons
10    or the community, based on the specific articulable facts
11    of the case, and the defendant is charged with a forcible
12    felony, which as used in this Section, means treason,
13    first degree murder, second degree murder, predatory
14    criminal sexual assault of a child, aggravated criminal
15    sexual assault, criminal sexual assault, armed robbery,
16    aggravated robbery, robbery, burglary where there is use
17    of force against another person, residential burglary,
18    home invasion, vehicular invasion, aggravated arson,
19    arson, aggravated kidnaping, kidnaping, aggravated battery
20    resulting in great bodily harm or permanent disability or
21    disfigurement or any other felony which involves the
22    threat of or infliction of great bodily harm or permanent
23    disability or disfigurement;
24        (2) the defendant is charged with stalking or
25    aggravated stalking, and it is alleged that the
26    defendant's pre-trial release poses a real and present

 

 

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1    threat to the safety of a victim of the alleged offense,
2    and denial of release is necessary to prevent fulfillment
3    of the threat upon which the charge is based;
4        (3) the defendant is charged with a violation of an
5    order of protection issued under Section 112A-14 of this
6    Code or Section 214 of the Illinois Domestic Violence Act
7    of 1986, a stalking no contact order under Section 80 of
8    the Stalking No Contact Order Act, or of a civil no contact
9    order under Section 213 of the Civil No Contact Order Act,
10    and it is alleged that the defendant's pretrial release
11    poses a real and present threat to the safety of any person
12    or persons or the community, based on the specific
13    articulable facts of the case;
14        (4) the defendant is charged with domestic battery or
15    aggravated domestic battery under Section 12-3.2 or 12-3.3
16    of the Criminal Code of 2012 and it is alleged that the
17    defendant's pretrial release poses a real and present
18    threat to the safety of any person or persons or the
19    community, based on the specific articulable facts of the
20    case;
21        (5) the defendant is charged with any offense under
22    Article 11 of the Criminal Code of 2012, except for
23    Sections 11-14, 11-14.1, 11-18, 11-20, 11-30, 11-35,
24    11-40, and 11-45 of the Criminal Code of 2012, or similar
25    provisions of the Criminal Code of 1961 and it is alleged
26    that the defendant's pretrial release poses a real and

 

 

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

 

 

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

 

 

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1            (W) Subdivision (f)(1) of Section 12-3.05
2        (aggravated battery with a deadly weapon other than by
3        discharge of a firearm);
4        (6.5) the defendant is charged with any of the
5    following offenses, and it is alleged that the defendant's
6    pretrial release poses a real and present threat to the
7    safety of any person or persons or the community, based on
8    the specific articulable facts of the case:
9            (A) Felony violations of Sections 3.01, 3.02, or
10        3.03 of the Humane Care for Animals Act (cruel
11        treatment, aggravated cruelty, and animal torture);
12            (B) Subdivision (d)(1)(B) of Section 11-501 of the
13        Illinois Vehicle Code (aggravated driving under the
14        influence while operating a school bus with
15        passengers);
16            (C) Subdivision (d)(1)(C) of Section 11-501 of the
17        Illinois Vehicle Code (aggravated driving under the
18        influence causing great bodily harm);
19            (D) Subdivision (d)(1)(D) of Section 11-501 of the
20        Illinois Vehicle Code (aggravated driving under the
21        influence after a previous reckless homicide
22        conviction);
23            (E) Subdivision (d)(1)(F) of Section 11-501 of the
24        Illinois Vehicle Code (aggravated driving under the
25        influence leading to death); or
26            (F) Subdivision (d)(1)(J) of Section 11-501 of the

 

 

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1        Illinois Vehicle Code (aggravated driving under the
2        influence that resulted in bodily harm to a child
3        under the age of 16);
4        (7) the defendant is charged with an attempt to commit
5    any charge listed in paragraphs (1) through (6.5), and it
6    is alleged that the defendant's pretrial release poses a
7    real and present threat to the safety of any person or
8    persons or the community, based on the specific
9    articulable facts of the case; or
10        (8) the person has a high likelihood of willful flight
11    to avoid prosecution and is charged with:
12            (A) Any felony described in subdivisions (a)(1)
13        through (a)(7) of this Section; or
14            (B) A felony offense other than a Class 4 offense.
15    (b) If the charged offense is a felony, as part of the
16detention hearing, the court shall determine whether there is
17probable cause the defendant has committed an offense, unless
18a hearing pursuant to Section 109-3 of this Code has already
19been held or a grand jury has returned a true bill of
20indictment against the defendant. If there is a finding of no
21probable cause, the defendant shall be released. No such
22finding is necessary if the defendant is charged with a
23misdemeanor.
24    (c) Timing of petition.
25        (1) A petition may be filed without prior notice to
26    the defendant at the first appearance before a judge, or

 

 

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

 

 

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1    to present a verified application setting forth in detail
2    any new facts not known or obtainable at the time of the
3    filing of the previous petition.
4    (e) Eligibility: All defendants shall be presumed eligible
5for pretrial release, and the State shall bear the burden of
6proving by clear and convincing evidence that:
7        (1) the proof is evident or the presumption great that
8    the defendant has committed an offense listed in
9    subsection (a), and
10        (2) for offenses listed in paragraphs (1) through (7)
11    of subsection (a), the defendant poses a real and present
12    threat to the safety of any person or persons or the
13    community, based on the specific articulable facts of the
14    case, by conduct which may include, but is not limited to,
15    a forcible felony, the obstruction of justice,
16    intimidation, injury, or abuse as defined by paragraph (1)
17    of Section 103 of the Illinois Domestic Violence Act of
18    1986, and
19        (3) no condition or combination of conditions set
20    forth in subsection (b) of Section 110-10 of this Article
21    can mitigate (i) the real and present threat to the safety
22    of any person or persons or the community, based on the
23    specific articulable facts of the case, for offenses
24    listed in paragraphs (1) through (7) of subsection (a), or
25    (ii) the defendant's willful flight for offenses listed in
26    paragraph (8) of subsection (a), and

 

 

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

 

 

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1    any hearing at which conditions of release or the
2    detention of the defendant are to be considered, with an
3    accommodation for a physical condition made to facilitate
4    attorney/client consultation. If defense counsel needs to
5    confer or consult with the defendant during any hearing
6    conducted via a two-way audio-visual communication system,
7    such consultation shall not be recorded and shall be
8    undertaken consistent with constitutional protections.
9        (3.5) A hearing at which pretrial release may be
10    denied must be conducted in person (and not by way of
11    two-way audio visual communication) unless the accused
12    waives the right to be present physically in court, the
13    court determines that the physical health and safety of
14    any person necessary to the proceedings would be
15    endangered by appearing in court, or the chief judge of
16    the circuit orders use of that system due to operational
17    challenges in conducting the hearing in person. Such
18    operational challenges must be documented and approved by
19    the chief judge of the circuit, and a plan to address the
20    challenges through reasonable efforts must be presented
21    and approved by the Administrative Office of the Illinois
22    Courts every 6 months.
23        (4) If the defense seeks to compel the complaining
24    witness to testify as a witness in its favor, it shall
25    petition the court for permission. When the ends of
26    justice so require, the court may exercise its discretion

 

 

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1    and compel the appearance of a complaining witness. The
2    court shall state on the record reasons for granting a
3    defense request to compel the presence of a complaining
4    witness only on the issue of the defendant's pretrial
5    detention. In making a determination under this Section,
6    the court shall state on the record the reason for
7    granting a defense request to compel the presence of a
8    complaining witness, and only grant the request if the
9    court finds by clear and convincing evidence that the
10    defendant will be materially prejudiced if the complaining
11    witness does not appear. Cross-examination of a
12    complaining witness at the pretrial detention hearing for
13    the purpose of impeaching the witness' credibility is
14    insufficient reason to compel the presence of the witness.
15    In deciding whether to compel the appearance of a
16    complaining witness, the court shall be considerate of the
17    emotional and physical well-being of the witness. The
18    pre-trial detention hearing is not to be used for purposes
19    of discovery, and the post arraignment rules of discovery
20    do not apply. The State shall tender to the defendant,
21    prior to the hearing, copies, if any, of the defendant's
22    criminal history, if available, and any written or
23    recorded statements and the substance of any oral
24    statements made by any person, if in the State's
25    Attorney's possession at the time of the hearing.
26        (5) The rules concerning the admissibility of evidence

 

 

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1    in criminal trials do not apply to the presentation and
2    consideration of information at the hearing. At the trial
3    concerning the offense for which the hearing was conducted
4    neither the finding of the court nor any transcript or
5    other record of the hearing shall be admissible in the
6    State's case-in-chief, but shall be admissible for
7    impeachment, or as provided in Section 115-10.1 of this
8    Code, or in a perjury proceeding.
9        (6) The defendant may not move to suppress evidence or
10    a confession, however, evidence that proof of the charged
11    crime may have been the result of an unlawful search or
12    seizure, or both, or through improper interrogation, is
13    relevant in assessing the weight of the evidence against
14    the defendant.
15        (7) Decisions regarding release, conditions of
16    release, and detention prior to trial must be
17    individualized, and no single factor or standard may be
18    used exclusively to order detention. Risk assessment tools
19    may not be used as the sole basis to deny pretrial release.
20    (g) Factors to be considered in making a determination of
21dangerousness. The court may, in determining whether the
22defendant poses a real and present threat to the safety of any
23person or persons or the community, based on the specific
24articulable facts of the case, consider, but shall not be
25limited to, evidence or testimony concerning:
26        (1) The nature and circumstances of any offense

 

 

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

 

 

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1    other offense or arrest, the defendant was on probation,
2    parole, aftercare release, mandatory supervised release or
3    other release from custody pending trial, sentencing,
4    appeal or completion of sentence for an offense under
5    federal or state law.
6        (9) Any other factors, including those listed in
7    Section 110-5 of this Article deemed by the court to have a
8    reasonable bearing upon the defendant's propensity or
9    reputation for violent, abusive, or assaultive behavior,
10    or lack of such behavior.
11    (h) Detention order. The court shall, in any order for
12detention:
13        (1) make a written finding summarizing the court's
14    reasons for concluding that the defendant should be denied
15    pretrial release, including why less restrictive
16    conditions would not avoid a real and present threat to
17    the safety of any person or persons or the community,
18    based on the specific articulable facts of the case, or
19    prevent the defendant's willful flight from prosecution;
20        (2) direct that the defendant be committed to the
21    custody of the sheriff for confinement in the county jail
22    pending trial;
23        (3) direct that the defendant be given a reasonable
24    opportunity for private consultation with counsel, and for
25    communication with others of his or her choice by
26    visitation, mail and telephone; and

 

 

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1        (4) direct that the sheriff deliver the defendant as
2    required for appearances in connection with court
3    proceedings.
4    (i) Detention. If the court enters an order for the
5detention of the defendant pursuant to subsection (e) of this
6Section, the defendant shall be brought to trial on the
7offense for which he is detained within 90 days after the date
8on which the order for detention was entered. If the defendant
9is not brought to trial within the 90-day period required by
10the preceding sentence, he shall not be denied pretrial
11release. In computing the 90-day period, the court shall omit
12any period of delay resulting from a continuance granted at
13the request of the defendant and any period of delay resulting
14from a continuance granted at the request of the State with
15good cause shown pursuant to Section 103-5.
16    (i-5) At each subsequent appearance of the defendant
17before the court, the judge must find that continued detention
18is necessary to avoid a real and present threat to the safety
19of any person or persons or the community, based on the
20specific articulable facts of the case, or to prevent the
21defendant's willful flight from prosecution.
22    (j) Rights of the defendant. The defendant shall be
23entitled to appeal any order entered under this Section
24denying his or her pretrial release.
25    (k) Appeal. The State may appeal any order entered under
26this Section denying any motion for denial of pretrial

 

 

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1release.
2    (l) Presumption of innocence. Nothing in this Section
3shall be construed as modifying or limiting in any way the
4defendant's presumption of innocence in further criminal
5proceedings.
6    (m) Interest of victims.
7    (1) Crime victims shall be given notice by the State's
8Attorney's office of this hearing as required in paragraph (1)
9of subsection (b) of Section 4.5 of the Rights of Crime Victims
10and Witnesses Act and shall be informed of their opportunity
11at this hearing to obtain a protective order.
12    (2) If the defendant is denied pretrial release, the court
13may impose a no contact provision with the victim or other
14interested party that shall be enforced while the defendant
15remains in custody.
16(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
 
17    (725 ILCS 5/110-6.2)  (from Ch. 38, par. 110-6.2)
18    Sec. 110-6.2. Post-conviction Detention.
19    (a) The court may order that a person who has been found
20guilty of an offense and who is waiting imposition or
21execution of sentence be held without release bond unless the
22court finds by clear and convincing evidence that the person
23is not likely to flee or pose a danger to any other person or
24the community if released under Sections 110-5 and 110-10 of
25this Act.

 

 

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1    (b) The court may order that person who has been found
2guilty of an offense and sentenced to a term of imprisonment be
3held without release bond unless the court finds by clear and
4convincing evidence that:
5        (1) the person is not likely to flee or pose a danger
6    to the safety of any other person or the community if
7    released on bond pending appeal; and
8        (2) that the appeal is not for purpose of delay and
9    raises a substantial question of law or fact likely to
10    result in reversal or an order for a new trial.
11(Source: P.A. 96-1200, eff. 7-22-10; 101-652.)
 
12    (725 ILCS 5/110-6.4)
13    Sec. 110-6.4. Statewide risk-assessment tool. The Supreme
14Court may establish a statewide risk-assessment tool to be
15used in proceedings to assist the court in establishing
16conditions of pretrial release bail for a defendant by
17assessing the defendant's likelihood of appearing at future
18court proceedings or determining if the defendant poses a real
19and present threat to the physical safety of any person or
20persons. The Supreme Court shall consider establishing a
21risk-assessment tool that does not discriminate on the basis
22of race, gender, educational level, socio-economic status, or
23neighborhood. If a risk-assessment tool is utilized within a
24circuit that does not require a personal interview to be
25completed, the Chief Judge of the circuit or the director of

 

 

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1the pretrial services agency may exempt the requirement under
2Section 9 and subsection (a) of Section 7 of the Pretrial
3Services Act.
4    For the purpose of this Section, "risk-assessment tool"
5means an empirically validated, evidence-based screening
6instrument that demonstrates reduced instances of a
7defendant's failure to appear for further court proceedings or
8prevents future criminal activity.
9(Source: P.A. 100-1, eff. 1-1-18; 100-863, eff. 8-14-18;
10101-652.)
 
11    (725 ILCS 5/110-10)  (from Ch. 38, par. 110-10)
12    Sec. 110-10. Conditions of pretrial release bail bond.
13    (a) If a person is released prior to conviction, either
14upon payment of bail security or on his or her own
15recognizance, the conditions of pretrial release the bail bond
16shall be that he or she will:
17        (1) Appear to answer the charge in the court having
18    jurisdiction on a day certain and thereafter as ordered by
19    the court until discharged or final order of the court;
20        (2) Submit himself or herself to the orders and
21    process of the court;
22        (3) (Blank); Not depart this State without leave of
23    the court;
24        (4) Not violate any criminal statute of any
25    jurisdiction;

 

 

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1        (5) At a time and place designated by the court,
2    surrender all firearms in his or her possession to a law
3    enforcement officer designated by the court to take
4    custody of and impound the firearms and physically
5    surrender his or her Firearm Owner's Identification Card
6    to the clerk of the circuit court when the offense the
7    person has been charged with is a forcible felony,
8    stalking, aggravated stalking, domestic battery, any
9    violation of the Illinois Controlled Substances Act, the
10    Methamphetamine Control and Community Protection Act, or
11    the Cannabis Control Act that is classified as a Class 2 or
12    greater felony, or any felony violation of Article 24 of
13    the Criminal Code of 1961 or the Criminal Code of 2012; the
14    court may, however, forgo the imposition of this condition
15    when the circumstances of the case clearly do not warrant
16    it or when its imposition would be impractical; if the
17    Firearm Owner's Identification Card is confiscated, the
18    clerk of the circuit court shall mail the confiscated card
19    to the Illinois State Police; all legally possessed
20    firearms shall be returned to the person upon the charges
21    being dismissed, or if the person is found not guilty,
22    unless the finding of not guilty is by reason of insanity;
23    and
24        (6) At a time and place designated by the court,
25    submit to a psychological evaluation when the person has
26    been charged with a violation of item (4) of subsection

 

 

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1    (a) of Section 24-1 of the Criminal Code of 1961 or the
2    Criminal Code of 2012 and that violation occurred in a
3    school or in any conveyance owned, leased, or contracted
4    by a school to transport students to or from school or a
5    school-related activity, or on any public way within 1,000
6    feet of real property comprising any school.
7    Psychological evaluations ordered pursuant to this Section
8shall be completed promptly and made available to the State,
9the defendant, and the court. As a further condition of
10pretrial release bail under these circumstances, the court
11shall order the defendant to refrain from entering upon the
12property of the school, including any conveyance owned,
13leased, or contracted by a school to transport students to or
14from school or a school-related activity, or on any public way
15within 1,000 feet of real property comprising any school. Upon
16receipt of the psychological evaluation, either the State or
17the defendant may request a change in the conditions of
18pretrial release bail, pursuant to Section 110-6 of this Code.
19The court may change the conditions of pretrial release bail
20to include a requirement that the defendant follow the
21recommendations of the psychological evaluation, including
22undergoing psychiatric treatment. The conclusions of the
23psychological evaluation and any statements elicited from the
24defendant during its administration are not admissible as
25evidence of guilt during the course of any trial on the charged
26offense, unless the defendant places his or her mental

 

 

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1competency in issue.
2    (b) The court may impose other conditions, such as the
3following, if the court finds that such conditions are
4reasonably necessary to assure the defendant's appearance in
5court, protect the public from the defendant, or prevent the
6defendant's unlawful interference with the orderly
7administration of justice:
8        (1) Report to or appear in person before such person
9    or agency as the court may direct;
10        (2) Refrain from possessing a firearm or other
11    dangerous weapon;
12        (3) Refrain from approaching or communicating with
13    particular persons or classes of persons;
14        (4) Refrain from going to certain described
15    geographical areas or premises;
16        (5) Refrain from engaging in certain activities or
17    indulging in intoxicating liquors or in certain drugs;
18        (6) Undergo treatment for drug addiction or
19    alcoholism;
20        (7) Undergo medical or psychiatric treatment;
21        (8) Work or pursue a course of study or vocational
22    training;
23        (9) Attend or reside in a facility designated by the
24    court;
25        (10) Support his or her dependents;
26        (11) If a minor resides with his or her parents or in a

 

 

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1    foster home, attend school, attend a non-residential
2    program for youths, and contribute to his or her own
3    support at home or in a foster home;
4        (12) Observe any curfew ordered by the court;
5        (13) Remain in the custody of such designated person
6    or organization agreeing to supervise his release. Such
7    third party custodian shall be responsible for notifying
8    the court if the defendant fails to observe the conditions
9    of release which the custodian has agreed to monitor, and
10    shall be subject to contempt of court for failure so to
11    notify the court;
12        (14) Be placed under direct supervision of the
13    Pretrial Services Agency, Probation Department or Court
14    Services Department in a pretrial bond home supervision
15    capacity with or without the use of an approved electronic
16    monitoring device subject to Article 8A of Chapter V of
17    the Unified Code of Corrections;
18        (14.1) The court shall impose upon a defendant who is
19    charged with any alcohol, cannabis, methamphetamine, or
20    controlled substance violation and is placed under direct
21    supervision of the Pretrial Services Agency, Probation
22    Department or Court Services Department in a pretrial bond
23    home supervision capacity with the use of an approved
24    monitoring device, as a condition of such bail bond, a fee
25    that represents costs incidental to the electronic
26    monitoring for each day of such bail supervision ordered

 

 

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1    by the court, unless after determining the inability of
2    the defendant to pay the fee, the court assesses a lesser
3    fee or no fee as the case may be. The fee shall be
4    collected by the clerk of the circuit court, except as
5    provided in an administrative order of the Chief Judge of
6    the circuit court. The clerk of the circuit court shall
7    pay all monies collected from this fee to the county
8    treasurer for deposit in the substance abuse services fund
9    under Section 5-1086.1 of the Counties Code, except as
10    provided in an administrative order of the Chief Judge of
11    the circuit court.
12        The Chief Judge of the circuit court of the county may
13    by administrative order establish a program for electronic
14    monitoring of offenders with regard to drug-related and
15    alcohol-related offenses, in which a vendor supplies and
16    monitors the operation of the electronic monitoring
17    device, and collects the fees on behalf of the county. The
18    program shall include provisions for indigent offenders
19    and the collection of unpaid fees. The program shall not
20    unduly burden the offender and shall be subject to review
21    by the Chief Judge.
22        The Chief Judge of the circuit court may suspend any
23    additional charges or fees for late payment, interest, or
24    damage to any device;
25        (14.2) The court shall impose upon all defendants,
26    including those defendants subject to paragraph (14.1)

 

 

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1    above, placed under direct supervision of the Pretrial
2    Services Agency, Probation Department or Court Services
3    Department in a pretrial bond home supervision capacity
4    with the use of an approved monitoring device, as a
5    condition of such bail bond, a fee which shall represent
6    costs incidental to such electronic monitoring for each
7    day of such bail supervision ordered by the court, unless
8    after determining the inability of the defendant to pay
9    the fee, the court assesses a lesser fee or no fee as the
10    case may be. The fee shall be collected by the clerk of the
11    circuit court, except as provided in an administrative
12    order of the Chief Judge of the circuit court. The clerk of
13    the circuit court shall pay all monies collected from this
14    fee to the county treasurer who shall use the monies
15    collected to defray the costs of corrections. The county
16    treasurer shall deposit the fee collected in the county
17    working cash fund under Section 6-27001 or Section 6-29002
18    of the Counties Code, as the case may be, except as
19    provided in an administrative order of the Chief Judge of
20    the circuit court.
21        The Chief Judge of the circuit court of the county may
22    by administrative order establish a program for electronic
23    monitoring of offenders with regard to drug-related and
24    alcohol-related offenses, in which a vendor supplies and
25    monitors the operation of the electronic monitoring
26    device, and collects the fees on behalf of the county. The

 

 

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1    program shall include provisions for indigent offenders
2    and the collection of unpaid fees. The program shall not
3    unduly burden the offender and shall be subject to review
4    by the Chief Judge.
5        The Chief Judge of the circuit court may suspend any
6    additional charges or fees for late payment, interest, or
7    damage to any device;
8        (14.3) The Chief Judge of the Judicial Circuit may
9    establish reasonable fees to be paid by a person receiving
10    pretrial services while under supervision of a pretrial
11    services agency, probation department, or court services
12    department. Reasonable fees may be charged for pretrial
13    services including, but not limited to, pretrial
14    supervision, diversion programs, electronic monitoring,
15    victim impact services, drug and alcohol testing, DNA
16    testing, GPS electronic monitoring, assessments and
17    evaluations related to domestic violence and other
18    victims, and victim mediation services. The person
19    receiving pretrial services may be ordered to pay all
20    costs incidental to pretrial services in accordance with
21    his or her ability to pay those costs;
22        (14.4) For persons charged with violating Section
23    11-501 of the Illinois Vehicle Code, refrain from
24    operating a motor vehicle not equipped with an ignition
25    interlock device, as defined in Section 1-129.1 of the
26    Illinois Vehicle Code, pursuant to the rules promulgated

 

 

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1    by the Secretary of State for the installation of ignition
2    interlock devices. Under this condition the court may
3    allow a defendant who is not self-employed to operate a
4    vehicle owned by the defendant's employer that is not
5    equipped with an ignition interlock device in the course
6    and scope of the defendant's employment;
7        (15) Comply with the terms and conditions of an order
8    of protection issued by the court under the Illinois
9    Domestic Violence Act of 1986 or an order of protection
10    issued by the court of another state, tribe, or United
11    States territory;
12        (16) Under Section 110-6.5 comply with the conditions
13    of the drug testing program; and
14        (17) Such other reasonable conditions as the court may
15    impose.
16    (b) Additional conditions of release shall be set only
17when it is determined that they are necessary to ensure the
18defendant's appearance in court, ensure the defendant does not
19commit any criminal offense, ensure the defendant complies
20with all conditions of pretrial release, prevent the
21defendant's unlawful interference with the orderly
22administration of justice, or ensure compliance with the rules
23and procedures of problem solving courts. However, conditions
24shall include the least restrictive means and be
25individualized. Conditions shall not mandate rehabilitative
26services unless directly tied to the risk of pretrial

 

 

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1misconduct. Conditions of supervision shall not include
2punitive measures such as community service work or
3restitution. Conditions may include the following:
4        (0.05) Not depart this State without leave of the
5    court;
6        (1) Report to or appear in person before such person
7    or agency as the court may direct;
8        (2) Refrain from possessing a firearm or other
9    dangerous weapon;
10        (3) Refrain from approaching or communicating with
11    particular persons or classes of persons;
12        (4) Refrain from going to certain described geographic
13    areas or premises;
14        (5) Be placed under direct supervision of the Pretrial
15    Services Agency, Probation Department or Court Services
16    Department in a pretrial home supervision capacity with or
17    without the use of an approved electronic monitoring
18    device subject to Article 8A of Chapter V of the Unified
19    Code of Corrections;
20        (6) For persons charged with violating Section 11-501
21    of the Illinois Vehicle Code, refrain from operating a
22    motor vehicle not equipped with an ignition interlock
23    device, as defined in Section 1-129.1 of the Illinois
24    Vehicle Code, pursuant to the rules promulgated by the
25    Secretary of State for the installation of ignition
26    interlock devices. Under this condition the court may

 

 

HB2337- 432 -LRB103 05867 HEP 50888 b

1    allow a defendant who is not self-employed to operate a
2    vehicle owned by the defendant's employer that is not
3    equipped with an ignition interlock device in the course
4    and scope of the defendant's employment;
5        (7) Comply with the terms and conditions of an order
6    of protection issued by the court under the Illinois
7    Domestic Violence Act of 1986 or an order of protection
8    issued by the court of another state, tribe, or United
9    States territory;
10        (8) Sign a written admonishment requiring that he or
11    she comply with the provisions of Section 110-12 regarding
12    any change in his or her address. The defendant's address
13    shall at all times remain a matter of record with the clerk
14    of the court; and
15        (9) Such other reasonable conditions as the court may
16    impose, so long as these conditions are the least
17    restrictive means to achieve the goals listed in
18    subsection (b), are individualized, and are in accordance
19    with national best practices as detailed in the Pretrial
20    Supervision Standards of the Supreme Court.
21    The defendant shall receive verbal and written
22notification of conditions of pretrial release and future
23court dates, including the date, time, and location of court.
24    (c) When a person is charged with an offense under Section
2511-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-13, 12-14,
2612-14.1, 12-15 or 12-16 of the Criminal Code of 1961 or the

 

 

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1Criminal Code of 2012, involving a victim who is a minor under
218 years of age living in the same household with the defendant
3at the time of the offense, in granting bail or releasing the
4defendant on his own recognizance, the judge shall impose
5conditions to restrict the defendant's access to the victim
6which may include, but are not limited to conditions that he
7will:
8        1. Vacate the household.
9        2. Make payment of temporary support to his
10    dependents.
11        3. Refrain from contact or communication with the
12    child victim, except as ordered by the court.
13    (d) When a person is charged with a criminal offense and
14the victim is a family or household member as defined in
15Article 112A, conditions shall be imposed at the time of the
16defendant's release on bond that restrict the defendant's
17access to the victim. Unless provided otherwise by the court,
18the restrictions shall include requirements that the defendant
19do the following:
20        (1) refrain from contact or communication with the
21    victim for a minimum period of 72 hours following the
22    defendant's release; and
23        (2) refrain from entering or remaining at the victim's
24    residence for a minimum period of 72 hours following the
25    defendant's release.
26    (e) Local law enforcement agencies shall develop

 

 

HB2337- 434 -LRB103 05867 HEP 50888 b

1standardized pretrial release bond forms for use in cases
2involving family or household members as defined in Article
3112A, including specific conditions of pretrial release bond
4as provided in subsection (d). Failure of any law enforcement
5department to develop or use those forms shall in no way limit
6the applicability and enforcement of subsections (d) and (f).
7    (f) If the defendant is released admitted to bail after
8conviction following appeal or other post-conviction
9proceeding, the conditions of the pretrial release bail bond
10shall be that he will, in addition to the conditions set forth
11in subsections (a) and (b) hereof:
12        (1) Duly prosecute his appeal;
13        (2) Appear at such time and place as the court may
14    direct;
15        (3) Not depart this State without leave of the court;
16        (4) Comply with such other reasonable conditions as
17    the court may impose; and
18        (5) If the judgment is affirmed or the cause reversed
19    and remanded for a new trial, forthwith surrender to the
20    officer from whose custody he was released bailed.
21    (g) Upon a finding of guilty for any felony offense, the
22defendant shall physically surrender, at a time and place
23designated by the court, any and all firearms in his or her
24possession and his or her Firearm Owner's Identification Card
25as a condition of being released remaining on bond pending
26sentencing.

 

 

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1    (h) In the event the defendant is unable to post bond, the
2court may impose a no contact provision with the victim or
3other interested party that shall be enforced while the
4defendant remains in custody.
5(Source: P.A. 101-138, eff. 1-1-20; 101-652; eff. 1-1-23;
6102-1104, eff. 1-1-23.)
 
7    (725 ILCS 5/110-11)  (from Ch. 38, par. 110-11)
8    Sec. 110-11. Pretrial release Bail on a new trial. If the
9judgment of conviction is reversed and the cause remanded for
10a new trial the trial court may order that the conditions of
11pretrial release bail stand pending such trial, or modify the
12conditions of pretrial release reduce or increase bail.
13(Source: Laws 1963, p. 2836; P.A. 101-652.)
 
14    (725 ILCS 5/110-12)  (from Ch. 38, par. 110-12)
15    Sec. 110-12. Notice of change of address. A defendant who
16has been admitted to bail pretrial release shall file a
17written notice with the clerk of the court before which the
18proceeding is pending of any change in his or her address
19within 24 hours after such change, except that a defendant who
20has been admitted to bail pretrial release for a forcible
21felony as defined in Section 2-8 of the Criminal Code of 2012
22shall file a written notice with the clerk of the court before
23which the proceeding is pending and the clerk shall
24immediately deliver a time stamped copy of the written notice

 

 

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1to the State's Attorney prosecutor charged with the
2prosecution within 24 hours prior to such change. The address
3of a defendant who has been admitted to bail pretrial release
4shall at all times remain a matter of public record with the
5clerk of the court.
6(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 1-1-23.)
 
7    (725 ILCS 5/110-14)  (from Ch. 38, par. 110-14)
8    (Section scheduled to be repealed on January 1, 2023)
9    Sec. 110-14. Credit toward fines for pretrial
10incarceration on bailable offense; credit against monetary
11bail for certain offenses.
12    (a) Any person denied pretrial release incarcerated on a
13bailable offense who does not supply bail and against whom a
14fine is levied on conviction of the offense shall be
15automatically credited allowed a credit of $30 for each day so
16incarcerated upon application of the defendant. However, in no
17case shall the amount so allowed or credited exceed the amount
18of the fine.
19    (b) Subsection (a) does not apply to a person incarcerated
20for sexual assault as defined in paragraph (1) of subsection
21(a) of Section 5-9-1.7 of the Unified Code of Corrections.
22    (c) A person subject to bail on a Category B offense,
23before January 1, 2023, shall have $30 deducted from his or her
2410% cash bond amount every day the person is incarcerated. The
25sheriff shall calculate and apply this $30 per day reduction

 

 

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1and send notice to the circuit clerk if a defendant's 10% cash
2bond amount is reduced to $0, at which point the defendant
3shall be released upon his or her own recognizance.
4    (d) The court may deny the incarceration credit in
5subsection (c) of this Section if the person has failed to
6appear as required before the court and is incarcerated based
7on a warrant for failure to appear on the same original
8criminal offense.
9    (e) (Blank). This Section is repealed on January 1, 2023.
10(Source: P.A. 101-408, eff. 1-1-20; P.A. 101-652, eff. 7-1-21.
11Repealed by P.A. 102-28. Reenacted by P.A. 102-687, eff.
1212-17-21. P.A. 102-1104, eff. 12-6-22.)
 
13    (725 ILCS 5/111-2)  (from Ch. 38, par. 111-2)
14    Sec. 111-2. Commencement of prosecutions.
15    (a) All prosecutions of felonies shall be by information
16or by indictment. No prosecution may be pursued by information
17unless a preliminary hearing has been held or waived in
18accordance with Section 109-3 and at that hearing probable
19cause to believe the defendant committed an offense was found,
20and the provisions of Section 109-3.1 of this Code have been
21complied with.
22    (b) All other prosecutions may be by indictment,
23information or complaint.
24    (c) Upon the filing of an information or indictment in
25open court charging the defendant with the commission of a sex

 

 

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1offense defined in any Section of Article 11 of the Criminal
2Code of 1961 or the Criminal Code of 2012, and a minor as
3defined in Section 1-3 of the Juvenile Court Act of 1987 is
4alleged to be the victim of the commission of the acts of the
5defendant in the commission of such offense, the court may
6appoint a guardian ad litem for the minor as provided in
7Section 2-17, 3-19, 4-16 or 5-610 of the Juvenile Court Act of
81987.
9    (d) Upon the filing of an information or indictment in
10open court, the court shall immediately issue a warrant for
11the arrest of each person charged with an offense directed to a
12peace officer or some other person specifically named
13commanding him to arrest such person.
14    (e) When the offense is eligible for pretrial release
15bailable, the judge shall endorse on the warrant the
16conditions of pretrial release amount of bail required by the
17order of the court, and if the court orders the process
18returnable forthwith, the warrant shall require that the
19accused be arrested and brought immediately into court.
20    (f) Where the prosecution of a felony is by information or
21complaint after preliminary hearing, or after a waiver of
22preliminary hearing in accordance with paragraph (a) of this
23Section, such prosecution may be for all offenses, arising
24from the same transaction or conduct of a defendant even
25though the complaint or complaints filed at the preliminary
26hearing charged only one or some of the offenses arising from

 

 

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1that transaction or conduct.
2(Source: P.A. 97-1150, eff. 1-25-13; 101-652.)
 
3    (725 ILCS 5/112A-23)  (from Ch. 38, par. 112A-23)
4    Sec. 112A-23. Enforcement of protective orders.
5    (a) When violation is crime. A violation of any protective
6order, whether issued in a civil, quasi-criminal proceeding or
7by a military tribunal, shall be enforced by a criminal court
8when:
9        (1) The respondent commits the crime of violation of a
10    domestic violence order of protection pursuant to Section
11    12-3.4 or 12-30 of the Criminal Code of 1961 or the
12    Criminal Code of 2012, by having knowingly violated:
13            (i) remedies described in paragraph (1), (2), (3),
14        (14), or (14.5) of subsection (b) of Section 112A-14
15        of this Code,
16            (ii) a remedy, which is substantially similar to
17        the remedies authorized under paragraph (1), (2), (3),
18        (14), or (14.5) of subsection (b) of Section 214 of the
19        Illinois Domestic Violence Act of 1986, in a valid
20        order of protection, which is authorized under the
21        laws of another state, tribe, or United States
22        territory, or
23            (iii) any other remedy when the act constitutes a
24        crime against the protected parties as defined by the
25        Criminal Code of 1961 or the Criminal Code of 2012.

 

 

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1        Prosecution for a violation of a domestic violence
2    order of protection shall not bar concurrent prosecution
3    for any other crime, including any crime that may have
4    been committed at the time of the violation of the
5    domestic violence order of protection; or
6        (2) The respondent commits the crime of child
7    abduction pursuant to Section 10-5 of the Criminal Code of
8    1961 or the Criminal Code of 2012, by having knowingly
9    violated:
10            (i) remedies described in paragraph (5), (6), or
11        (8) of subsection (b) of Section 112A-14 of this Code,
12        or
13            (ii) a remedy, which is substantially similar to
14        the remedies authorized under paragraph (1), (5), (6),
15        or (8) of subsection (b) of Section 214 of the Illinois
16        Domestic Violence Act of 1986, in a valid domestic
17        violence order of protection, which is authorized
18        under the laws of another state, tribe, or United
19        States territory.
20        (3) The respondent commits the crime of violation of a
21    civil no contact order when the respondent violates
22    Section 12-3.8 of the Criminal Code of 2012. Prosecution
23    for a violation of a civil no contact order shall not bar
24    concurrent prosecution for any other crime, including any
25    crime that may have been committed at the time of the
26    violation of the civil no contact order.

 

 

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1        (4) The respondent commits the crime of violation of a
2    stalking no contact order when the respondent violates
3    Section 12-3.9 of the Criminal Code of 2012. Prosecution
4    for a violation of a stalking no contact order shall not
5    bar concurrent prosecution for any other crime, including
6    any crime that may have been committed at the time of the
7    violation of the stalking no contact order.
8    (b) When violation is contempt of court. A violation of
9any valid protective order, whether issued in a civil or
10criminal proceeding or by a military tribunal, may be enforced
11through civil or criminal contempt procedures, as appropriate,
12by any court with jurisdiction, regardless where the act or
13acts which violated the protective order were committed, to
14the extent consistent with the venue provisions of this
15Article. Nothing in this Article shall preclude any Illinois
16court from enforcing any valid protective order issued in
17another state. Illinois courts may enforce protective orders
18through both criminal prosecution and contempt proceedings,
19unless the action which is second in time is barred by
20collateral estoppel or the constitutional prohibition against
21double jeopardy.
22        (1) In a contempt proceeding where the petition for a
23    rule to show cause sets forth facts evidencing an
24    immediate danger that the respondent will flee the
25    jurisdiction, conceal a child, or inflict physical abuse
26    on the petitioner or minor children or on dependent adults

 

 

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1    in petitioner's care, the court may order the attachment
2    of the respondent without prior service of the rule to
3    show cause or the petition for a rule to show cause. Bond
4    shall be set unless specifically denied in writing.
5        (2) A petition for a rule to show cause for violation
6    of a protective order shall be treated as an expedited
7    proceeding.
8    (c) Violation of custody, allocation of parental
9responsibility, or support orders. A violation of remedies
10described in paragraph (5), (6), (8), or (9) of subsection (b)
11of Section 112A-14 of this Code may be enforced by any remedy
12provided by Section 607.5 of the Illinois Marriage and
13Dissolution of Marriage Act. The court may enforce any order
14for support issued under paragraph (12) of subsection (b) of
15Section 112A-14 of this Code in the manner provided for under
16Parts V and VII of the Illinois Marriage and Dissolution of
17Marriage Act.
18    (d) Actual knowledge. A protective order may be enforced
19pursuant to this Section if the respondent violates the order
20after the respondent has actual knowledge of its contents as
21shown through one of the following means:
22        (1) (Blank).
23        (2) (Blank).
24        (3) By service of a protective order under subsection
25    (f) of Section 112A-17.5 or Section 112A-22 of this Code.
26        (4) By other means demonstrating actual knowledge of

 

 

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1    the contents of the order.
2    (e) The enforcement of a protective order in civil or
3criminal court shall not be affected by either of the
4following:
5        (1) The existence of a separate, correlative order
6    entered under Section 112A-15 of this Code.
7        (2) Any finding or order entered in a conjoined
8    criminal proceeding.
9    (e-5) If a civil no contact order entered under subsection
10(6) of Section 112A-20 of the Code of Criminal Procedure of
111963 conflicts with an order issued pursuant to the Juvenile
12Court Act of 1987 or the Illinois Marriage and Dissolution of
13Marriage Act, the conflicting order issued under subsection
14(6) of Section 112A-20 of the Code of Criminal Procedure of
151963 shall be void.
16    (f) Circumstances. The court, when determining whether or
17not a violation of a protective order has occurred, shall not
18require physical manifestations of abuse on the person of the
19victim.
20    (g) Penalties.
21        (1) Except as provided in paragraph (3) of this
22    subsection (g), where the court finds the commission of a
23    crime or contempt of court under subsection (a) or (b) of
24    this Section, the penalty shall be the penalty that
25    generally applies in such criminal or contempt
26    proceedings, and may include one or more of the following:

 

 

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1    incarceration, payment of restitution, a fine, payment of
2    attorneys' fees and costs, or community service.
3        (2) The court shall hear and take into account
4    evidence of any factors in aggravation or mitigation
5    before deciding an appropriate penalty under paragraph (1)
6    of this subsection (g).
7        (3) To the extent permitted by law, the court is
8    encouraged to:
9            (i) increase the penalty for the knowing violation
10        of any protective order over any penalty previously
11        imposed by any court for respondent's violation of any
12        protective order or penal statute involving petitioner
13        as victim and respondent as defendant;
14            (ii) impose a minimum penalty of 24 hours
15        imprisonment for respondent's first violation of any
16        protective order; and
17            (iii) impose a minimum penalty of 48 hours
18        imprisonment for respondent's second or subsequent
19        violation of a protective order
20    unless the court explicitly finds that an increased
21    penalty or that period of imprisonment would be manifestly
22    unjust.
23        (4) In addition to any other penalties imposed for a
24    violation of a protective order, a criminal court may
25    consider evidence of any violations of a protective order:
26            (i) to increase, revoke, or modify the conditions

 

 

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1        of pretrial release bail bond on an underlying
2        criminal charge pursuant to Section 110-6 of this
3        Code;
4            (ii) to revoke or modify an order of probation,
5        conditional discharge, or supervision, pursuant to
6        Section 5-6-4 of the Unified Code of Corrections;
7            (iii) to revoke or modify a sentence of periodic
8        imprisonment, pursuant to Section 5-7-2 of the Unified
9        Code of Corrections.
10(Source: P.A. 101-652, eff. 1-1-23; 102-184, eff. 1-1-22;
11102-558, eff. 8-20-21; 102-813, eff. 5-13-22; 102-890, eff.
125-19-22.)
 
13    (725 ILCS 5/113-3.1)  (from Ch. 38, par. 113-3.1)
14    Sec. 113-3.1. Payment for Court-Appointed Counsel.
15    (a) Whenever under either Section 113-3 of this Code or
16Rule 607 of the Illinois Supreme Court the court appoints
17counsel to represent a defendant, the court may order the
18defendant to pay to the Clerk of the Circuit Court a reasonable
19sum to reimburse either the county or the State for such
20representation. In a hearing to determine the amount of the
21payment, the court shall consider the affidavit prepared by
22the defendant under Section 113-3 of this Code and any other
23information pertaining to the defendant's financial
24circumstances which may be submitted by the parties. Such
25hearing shall be conducted on the court's own motion or on

 

 

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1motion of the prosecutor State's Attorney at any time after
2the appointment of counsel but no later than 90 days after the
3entry of a final order disposing of the case at the trial
4level.
5    (b) Any sum ordered paid under this Section may not exceed
6$500 for a defendant charged with a misdemeanor, $5,000 for a
7defendant charged with a felony, or $2,500 for a defendant who
8is appealing a conviction of any class offense.
9    (c) The method of any payment required under this Section
10shall be as specified by the Court. The court may order that
11payments be made on a monthly basis during the term of
12representation; however, the sum deposited as money bond shall
13not be used to satisfy this court order. Any sum deposited as
14money bond with the Clerk of the Circuit Court under Section
15110-7 of this Code may be used in the court's discretion in
16whole or in part to comply with any payment order entered in
17accordance with paragraph (a) of this Section. The court may
18give special consideration to the interests of relatives or
19other third parties who may have posted a money bond on the
20behalf of the defendant to secure his release. At any time
21prior to full payment of any payment order the court on its own
22motion or the motion of any party may reduce, increase, or
23suspend the ordered payment, or modify the method of payment,
24as the interest of fairness may require. No increase,
25suspension, or reduction may be ordered without a hearing and
26notice to all parties.

 

 

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1    (d) The Supreme Court or the circuit courts may provide by
2rule for procedures for the enforcement of orders entered
3under this Section. Such rules may provide for the assessment
4of all costs, including attorneys' fees which are required for
5the enforcement of orders entered under this Section when the
6court in an enforcement proceeding has first found that the
7defendant has willfully refused to pay. The Clerk of the
8Circuit Court shall keep records and make reports to the court
9concerning funds paid under this Section in whatever manner
10the court directs.
11    (e) Whenever an order is entered under this Section for
12the reimbursement of the State due to the appointment of the
13State Appellate Defender as counsel on appeal, the order shall
14provide that the Clerk of the Circuit Court shall retain all
15funds paid pursuant to such order until the full amount of the
16sum ordered to be paid by the defendant has been paid. When no
17balance remains due on such order, the Clerk of the Circuit
18Court shall inform the court of this fact and the court shall
19promptly order the Clerk of the Circuit Court to pay to the
20State Treasurer all of the sum paid.
21    (f) The Clerk of the Circuit Court shall retain all funds
22under this Section paid for the reimbursement of the county,
23and shall inform the court when no balance remains due on an
24order entered hereunder. The Clerk of the Circuit Court shall
25make payments of funds collected under this Section to the
26County Treasurer in whatever manner and at whatever point as

 

 

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1the court may direct, including payments made on a monthly
2basis during the term of representation.
3    (g) A defendant who fails to obey any order of court
4entered under this Section may be punished for contempt of
5court. Any arrearage in payments may be reduced to judgment in
6the court's discretion and collected by any means authorized
7for the collection of money judgments under the law of this
8State.
9(Source: P.A. 102-1104, eff. 1-1-23.)
 
10    (725 ILCS 5/114-1)  (from Ch. 38, par. 114-1)
11    Sec. 114-1. Motion to dismiss charge.
12    (a) Upon the written motion of the defendant made prior to
13trial before or after a plea has been entered the court may
14dismiss the indictment, information or complaint upon any of
15the following grounds:
16        (1) The defendant has not been placed on trial in
17    compliance with Section 103-5 of this Code.
18        (2) The prosecution of the offense is barred by
19    Sections 3-3 through 3-8 of the Criminal Code of 2012.
20        (3) The defendant has received immunity from
21    prosecution for the offense charged.
22        (4) The indictment was returned by a Grand Jury which
23    was improperly selected and which results in substantial
24    injustice to the defendant.
25        (5) The indictment was returned by a Grand Jury which

 

 

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1    acted contrary to Article 112 of this Code and which
2    results in substantial injustice to the defendant.
3        (6) The court in which the charge has been filed does
4    not have jurisdiction.
5        (7) The county is an improper place of trial.
6        (8) The charge does not state an offense.
7        (9) The indictment is based solely upon the testimony
8    of an incompetent witness.
9        (10) The defendant is misnamed in the charge and the
10    misnomer results in substantial injustice to the
11    defendant.
12        (11) The requirements of Section 109-3.1 have not been
13    complied with.
14    (b) The court shall require any motion to dismiss to be
15filed within a reasonable time after the defendant has been
16arraigned. Any motion not filed within such time or an
17extension thereof shall not be considered by the court and the
18grounds therefor, except as to subsections (a)(6) and (a)(8)
19of this Section, are waived.
20    (c) If the motion presents only an issue of law the court
21shall determine it without the necessity of further pleadings.
22If the motion alleges facts not of record in the case the State
23shall file an answer admitting or denying each of the factual
24allegations of the motion.
25    (d) When an issue of fact is presented by a motion to
26dismiss and the answer of the State the court shall conduct a

 

 

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1hearing and determine the issues.
2    (d-5) When a defendant seeks dismissal of the charge upon
3the ground set forth in subsection (a)(7) of this Section, the
4defendant shall make a prima facie showing that the county is
5an improper place of trial. Upon such showing, the State shall
6have the burden of proving, by a preponderance of the
7evidence, that the county is the proper place of trial.
8    (d-6) When a defendant seeks dismissal of the charge upon
9the grounds set forth in subsection (a)(2) of this Section,
10the prosecution shall have the burden of proving, by a
11preponderance of the evidence, that the prosecution of the
12offense is not barred by Sections 3-3 through 3-8 of the
13Criminal Code of 2012.
14    (e) Dismissal of the charge upon the grounds set forth in
15subsections (a)(4) through (a)(11) of this Section shall not
16prevent the return of a new indictment or the filing of a new
17charge, and upon such dismissal the court may order that the
18defendant be held in custody or, if the defendant had been
19previously released on pretrial release bail, that the
20pretrial release bail be continued for a specified time
21pending the return of a new indictment or the filing of a new
22charge.
23    (f) If the court determines that the motion to dismiss
24based upon the grounds set forth in subsections (a)(6) and
25(a)(7) is well founded it may, instead of dismissal, order the
26cause transferred to a court of competent jurisdiction or to a

 

 

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1proper place of trial.
2(Source: P.A. 100-434, eff. 1-1-18; 101-652.)
 
3    (725 ILCS 5/115-4.1)  (from Ch. 38, par. 115-4.1)
4    Sec. 115-4.1. Absence of defendant.
5    (a) When a defendant after arrest and an initial court
6appearance for a non-capital felony or a misdemeanor, fails to
7appear for trial, at the request of the State and after the
8State has affirmatively proven through substantial evidence
9that the defendant is willfully avoiding trial, the court may
10commence trial in the absence of the defendant. Absence of a
11defendant as specified in this Section shall not be a bar to
12indictment of a defendant, return of information against a
13defendant, or arraignment of a defendant for the charge for
14which pretrial release bail has been granted. If a defendant
15fails to appear at arraignment, the court may enter a plea of
16"not guilty" on his behalf. If a defendant absents himself
17before trial on a capital felony, trial may proceed as
18specified in this Section provided that the State certifies
19that it will not seek a death sentence following conviction.
20Trial in the defendant's absence shall be by jury unless the
21defendant had previously waived trial by jury. The absent
22defendant must be represented by retained or appointed
23counsel. The court, at the conclusion of all of the
24proceedings, may order the clerk of the circuit court to pay
25counsel such sum as the court deems reasonable, from any bond

 

 

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1monies which were posted by the defendant with the clerk,
2after the clerk has first deducted all court costs. If trial
3had previously commenced in the presence of the defendant and
4the defendant willfully absents himself for two successive
5court days, the court shall proceed to trial. All procedural
6rights guaranteed by the United States Constitution,
7Constitution of the State of Illinois, statutes of the State
8of Illinois, and rules of court shall apply to the proceedings
9the same as if the defendant were present in court and had not
10either had his or her pretrial release revoked forfeited his
11bail bond or escaped from custody. The court may set the case
12for a trial which may be conducted under this Section despite
13the failure of the defendant to appear at the hearing at which
14the trial date is set. When such trial date is set the clerk
15shall send to the defendant, by certified mail at his last
16known address indicated on his bond slip, notice of the new
17date which has been set for trial. Such notification shall be
18required when the defendant was not personally present in open
19court at the time when the case was set for trial.
20    (b) The absence of a defendant from a trial conducted
21pursuant to this Section does not operate as a bar to
22concluding the trial, to a judgment of conviction resulting
23therefrom, or to a final disposition of the trial in favor of
24the defendant.
25    (c) Upon a verdict of not guilty, the court shall enter
26judgment for the defendant. Upon a verdict of guilty, the

 

 

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1court shall set a date for the hearing of post-trial motions
2and shall hear such motion in the absence of the defendant. If
3post-trial motions are denied, the court shall proceed to
4conduct a sentencing hearing and to impose a sentence upon the
5defendant.
6    (d) A defendant who is absent for part of the proceedings
7of trial, post-trial motions, or sentencing, does not thereby
8forfeit his right to be present at all remaining proceedings.
9    (e) When a defendant who in his absence has been either
10convicted or sentenced or both convicted and sentenced appears
11before the court, he must be granted a new trial or new
12sentencing hearing if the defendant can establish that his
13failure to appear in court was both without his fault and due
14to circumstances beyond his control. A hearing with notice to
15the State's Attorney on the defendant's request for a new
16trial or a new sentencing hearing must be held before any such
17request may be granted. At any such hearing both the defendant
18and the State may present evidence.
19    (f) If the court grants only the defendant's request for a
20new sentencing hearing, then a new sentencing hearing shall be
21held in accordance with the provisions of the Unified Code of
22Corrections. At any such hearing, both the defendant and the
23State may offer evidence of the defendant's conduct during his
24period of absence from the court. The court may impose any
25sentence authorized by the Unified Code of Corrections and is
26not in any way limited or restricted by any sentence

 

 

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1previously imposed.
2    (g) A defendant whose motion under paragraph (e) for a new
3trial or new sentencing hearing has been denied may file a
4notice of appeal therefrom. Such notice may also include a
5request for review of the judgment and sentence not vacated by
6the trial court.
7(Source: P.A. 90-787, eff. 8-14-98; 101-652.)
 
8    (725 ILCS 5/122-6)  (from Ch. 38, par. 122-6)
9    Sec. 122-6. Disposition in trial court.
10    The court may receive proof by affidavits, depositions,
11oral testimony, or other evidence. In its discretion the court
12may order the petitioner brought before the court for the
13hearing. If the court finds in favor of the petitioner, it
14shall enter an appropriate order with respect to the judgment
15or sentence in the former proceedings and such supplementary
16orders as to rearraignment, retrial, custody, conditions of
17pretrial release bail or discharge as may be necessary and
18proper.
19(Source: Laws 1963, p. 2836; P.A. 101-652.)
 
20    (725 ILCS 5/102-10.5 rep.)
21    (725 ILCS 5/102-14.5 rep.)
22    (725 ILCS 5/110-6.6 rep.)
23    (725 ILCS 5/110-7.5 rep.)
24    (725 ILCS 5/110-1.5 rep.)

 

 

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1    Section 1-225. The Code of Criminal Procedure of 1963 is
2amended by repealing Sections 102-10.5, 102-14.5, 110-1.5
3110-6.6, and 110-7.5.
 
4    Section 1-230. The Code of Criminal Procedure of 1963 is
5amended by changing Sections 103-2, 103-3, 108-8, and 110-14
6as follows:
 
7    (725 ILCS 5/103-2)  (from Ch. 38, par. 103-2)
8    Sec. 103-2. Treatment while in custody.
9    (a) On being taken into custody every person shall have
10the right to remain silent.
11    (b) No unlawful means of any kind shall be used to obtain a
12statement, admission or confession from any person in custody.
13    (c) Persons in custody shall be treated humanely and
14provided with proper food, shelter and, if required, medical
15treatment without unreasonable delay if the need for the
16treatment is apparent.
17(Source: Laws 1963, p. 2836; P.A. 101-652.)
 
18    (725 ILCS 5/108-8)  (from Ch. 38, par. 108-8)
19    Sec. 108-8. Use of force in execution of search warrant.
20    (a) All necessary and reasonable force may be used to
21effect an entry into any building or property or part thereof
22to execute a search warrant.
23    (b) The court issuing a warrant may authorize the officer

 

 

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1executing the warrant to make entry without first knocking and
2announcing his or her office if it finds, based upon a showing
3of specific facts, the existence of the following exigent
4circumstances:
5        (1) That the officer reasonably believes that if
6    notice were given a weapon would be used:
7            (i) against the officer executing the search
8        warrant; or
9            (ii) against another person.
10        (2) That if notice were given there is an imminent
11    "danger" that evidence will be destroyed.
12    (c) Prior to the issuing of a warrant under subsection
13(b), the officer must attest that:
14        (1) prior to entering the location described in the
15    search warrant, a supervising officer will ensure that
16    each participating member is assigned a body worn camera
17    and is following policies and procedures in accordance
18    with Section 10-20 of the Law Enforcement Officer-Worn
19    Body Camera Act; provided that the law enforcement agency
20    has implemented body worn camera in accordance with
21    Section 10-15 of the Law Enforcement Officer-Worn Body
22    Camera Act. If a law enforcement agency or each
23    participating member of a multi-jurisdictional team has
24    not implemented a body camera in accordance with Section
25    10-15 of the Law Enforcement Officer-Worn Body Camera Act,
26    the officer must attest that the interaction authorized by

 

 

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1    the warrant is otherwise recorded;
2        (2) The supervising officer verified the subject
3    address listed on the warrant for accuracy and planned for
4    children or other vulnerable people on-site; and
5        (3) if an officer becomes aware the search warrant was
6    executed at an address, unit, or apartment different from
7    the location listed on the search warrant, that member
8    will immediately notify a supervisor who will ensure an
9    internal investigation or formal inquiry ensues.
10(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21.)
 
11    (725 ILCS 5/110-14)  (from Ch. 38, par. 110-14)
12    Sec. 110-14. Credit toward fines for pretrial
13incarceration on bailable offense; credit against monetary
14bail for certain offenses.
15    (a) Any person denied pretrial release incarcerated on a
16bailable offense who does not supply bail and against whom a
17fine is levied on conviction of the offense shall be
18automatically credited allowed a credit of $30 for each day so
19incarcerated upon application of the defendant. However, in no
20case shall the amount so allowed or credited exceed the amount
21of the fine.
22    (b) Subsection (a) does not apply to a person incarcerated
23for sexual assault as defined in paragraph (1) of subsection
24(a) of Section 5-9-1.7 of the Unified Code of Corrections.
25    (c) A person subject to bail on a Category B offense,

 

 

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1before January 1, 2023, shall have $30 deducted from his or her
210% cash bond amount every day the person is incarcerated. The
3sheriff shall calculate and apply this $30 per day reduction
4and send notice to the circuit clerk if a defendant's 10% cash
5bond amount is reduced to $0, at which point the defendant
6shall be released upon his or her own recognizance.
7    (d) The court may deny the incarceration credit in
8subsection (c) of this Section if the person has failed to
9appear as required before the court and is incarcerated based
10on a warrant for failure to appear on the same original
11criminal offense.
12    (e) (Blank).
13(Source: P.A. 101-408, eff. 1-1-20; P.A. 101-652, eff. 7-1-21.
14Repealed by P.A. 102-28. Reenacted by P.A. 102-687, eff.
1512-17-21. P.A. 102-1104, eff. 12-6-22.)
 
16    Section 1-235. The Code of Criminal Procedure of 1963 is
17amended by reenacting Sections 103-3, 110-4, 110-6.3, 110-6.5,
18110-7, 110-8, 110-9, 110-13, 110-15, 110-16, 110-17, and
19110-18 and Article 110A as follows:
 
20    (725 ILCS 5/103-3)
21    Sec. 103-3. Right to communicate with attorney and family;
22transfers.
23    (a) Persons who are arrested shall have the right to
24communicate with an attorney of their choice and a member of

 

 

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1their family by making a reasonable number of telephone calls
2or in any other reasonable manner. Such communication shall be
3permitted within a reasonable time after arrival at the first
4place of custody.
5    (b) In the event the accused is transferred to a new place
6of custody his right to communicate with an attorney and a
7member of his family is renewed.
8(Source: Laws 1963, p. 2836.)
 
9    (725 ILCS 5/110-4)  (from Ch. 38, par. 110-4)
10    Sec. 110-4. Bailable Offenses.
11    (a) All persons shall be bailable before conviction,
12except the following offenses where the proof is evident or
13the presumption great that the defendant is guilty of the
14offense: capital offenses; offenses for which a sentence of
15life imprisonment may be imposed as a consequence of
16conviction; felony offenses for which a sentence of
17imprisonment, without conditional and revocable release, shall
18be imposed by law as a consequence of conviction, where the
19court after a hearing, determines that the release of the
20defendant would pose a real and present threat to the physical
21safety of any person or persons; stalking or aggravated
22stalking, where the court, after a hearing, determines that
23the release of the defendant would pose a real and present
24threat to the physical safety of the alleged victim of the
25offense and denial of bail is necessary to prevent fulfillment

 

 

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1of the threat upon which the charge is based; or unlawful use
2of weapons in violation of item (4) of subsection (a) of
3Section 24-1 of the Criminal Code of 1961 or the Criminal Code
4of 2012 when that offense occurred in a school or in any
5conveyance owned, leased, or contracted by a school to
6transport students to or from school or a school-related
7activity, or on any public way within 1,000 feet of real
8property comprising any school, where the court, after a
9hearing, determines that the release of the defendant would
10pose a real and present threat to the physical safety of any
11person and denial of bail is necessary to prevent fulfillment
12of that threat; or making a terrorist threat in violation of
13Section 29D-20 of the Criminal Code of 1961 or the Criminal
14Code of 2012 or an attempt to commit the offense of making a
15terrorist threat, where the court, after a hearing, determines
16that the release of the defendant would pose a real and present
17threat to the physical safety of any person and denial of bail
18is necessary to prevent fulfillment of that threat.
19    (b) A person seeking release on bail who is charged with a
20capital offense or an offense for which a sentence of life
21imprisonment may be imposed shall not be bailable until a
22hearing is held wherein such person has the burden of
23demonstrating that the proof of his guilt is not evident and
24the presumption is not great.
25    (c) Where it is alleged that bail should be denied to a
26person upon the grounds that the person presents a real and

 

 

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1present threat to the physical safety of any person or
2persons, the burden of proof of such allegations shall be upon
3the State.
4    (d) When it is alleged that bail should be denied to a
5person charged with stalking or aggravated stalking upon the
6grounds set forth in Section 110-6.3 of this Code, the burden
7of proof of those allegations shall be upon the State.
8(Source: P.A. 97-1150, eff. 1-25-13.)
 
9    (725 ILCS 5/110-6.3)  (from Ch. 38, par. 110-6.3)
10    Sec. 110-6.3. Denial of bail in stalking and aggravated
11stalking offenses.
12    (a) Upon verified petition by the State, the court shall
13hold a hearing to determine whether bail should be denied to a
14defendant who is charged with stalking or aggravated stalking,
15when it is alleged that the defendant's admission to bail
16poses a real and present threat to the physical safety of the
17alleged victim of the offense, and denial of release on bail or
18personal recognizance is necessary to prevent fulfillment of
19the threat upon which the charge is based.
20        (1) A petition may be filed without prior notice to
21    the defendant at the first appearance before a judge, or
22    within 21 calendar days, except as provided in Section
23    110-6, after arrest and release of the defendant upon
24    reasonable notice to defendant; provided that while the
25    petition is pending before the court, the defendant if

 

 

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1    previously released shall not be detained.
2        (2) The hearing shall be held immediately upon the
3    defendant's appearance before the court, unless for good
4    cause shown the defendant or the State seeks a
5    continuance. A continuance on motion of the defendant may
6    not exceed 5 calendar days, and the defendant may be held
7    in custody during the continuance. A continuance on the
8    motion of the State may not exceed 3 calendar days;
9    however, the defendant may be held in custody during the
10    continuance under this provision if the defendant has been
11    previously found to have violated an order of protection
12    or has been previously convicted of, or granted court
13    supervision for, any of the offenses set forth in Sections
14    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 12-2,
15    12-3.05, 12-3.2, 12-3.3, 12-4, 12-4.1, 12-7.3, 12-7.4,
16    12-13, 12-14, 12-14.1, 12-15 or 12-16 of the Criminal Code
17    of 1961 or the Criminal Code of 2012, against the same
18    person as the alleged victim of the stalking or aggravated
19    stalking offense.
20    (b) The court may deny bail to the defendant when, after
21the hearing, it is determined that:
22        (1) the proof is evident or the presumption great that
23    the defendant has committed the offense of stalking or
24    aggravated stalking; and
25        (2) the defendant poses a real and present threat to
26    the physical safety of the alleged victim of the offense;

 

 

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1    and
2        (3) the denial of release on bail or personal
3    recognizance is necessary to prevent fulfillment of the
4    threat upon which the charge is based; and
5        (4) the court finds that no condition or combination
6    of conditions set forth in subsection (b) of Section
7    110-10 of this Code, including mental health treatment at
8    a community mental health center, hospital, or facility of
9    the Department of Human Services, can reasonably assure
10    the physical safety of the alleged victim of the offense.
11    (c) Conduct of the hearings.
12        (1) The hearing on the defendant's culpability and
13    threat to the alleged victim of the offense shall be
14    conducted in accordance with the following provisions:
15            (A) Information used by the court in its findings
16        or stated in or offered at the hearing may be by way of
17        proffer based upon reliable information offered by the
18        State or by defendant. Defendant has the right to be
19        represented by counsel, and if he is indigent, to have
20        counsel appointed for him. Defendant shall have the
21        opportunity to testify, to present witnesses in his
22        own behalf, and to cross-examine witnesses if any are
23        called by the State. The defendant has the right to
24        present witnesses in his favor. When the ends of
25        justice so require, the court may exercise its
26        discretion and compel the appearance of a complaining

 

 

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1        witness. The court shall state on the record reasons
2        for granting a defense request to compel the presence
3        of a complaining witness. Cross-examination of a
4        complaining witness at the pretrial detention hearing
5        for the purpose of impeaching the witness' credibility
6        is insufficient reason to compel the presence of the
7        witness. In deciding whether to compel the appearance
8        of a complaining witness, the court shall be
9        considerate of the emotional and physical well-being
10        of the witness. The pretrial detention hearing is not
11        to be used for the purposes of discovery, and the post
12        arraignment rules of discovery do not apply. The State
13        shall tender to the defendant, prior to the hearing,
14        copies of defendant's criminal history, if any, if
15        available, and any written or recorded statements and
16        the substance of any oral statements made by any
17        person, if relied upon by the State. The rules
18        concerning the admissibility of evidence in criminal
19        trials do not apply to the presentation and
20        consideration of information at the hearing. At the
21        trial concerning the offense for which the hearing was
22        conducted neither the finding of the court nor any
23        transcript or other record of the hearing shall be
24        admissible in the State's case in chief, but shall be
25        admissible for impeachment, or as provided in Section
26        115-10.1 of this Code, or in a perjury proceeding.

 

 

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1            (B) A motion by the defendant to suppress evidence
2        or to suppress a confession shall not be entertained.
3        Evidence that proof may have been obtained as the
4        result of an unlawful search and seizure or through
5        improper interrogation is not relevant to this state
6        of the prosecution.
7        (2) The facts relied upon by the court to support a
8    finding that:
9            (A) the defendant poses a real and present threat
10        to the physical safety of the alleged victim of the
11        offense; and
12            (B) the denial of release on bail or personal
13        recognizance is necessary to prevent fulfillment of
14        the threat upon which the charge is based;
15    shall be supported by clear and convincing evidence
16    presented by the State.
17    (d) Factors to be considered in making a determination of
18the threat to the alleged victim of the offense. The court may,
19in determining whether the defendant poses, at the time of the
20hearing, a real and present threat to the physical safety of
21the alleged victim of the offense, consider but shall not be
22limited to evidence or testimony concerning:
23        (1) The nature and circumstances of the offense
24    charged;
25        (2) The history and characteristics of the defendant
26    including:

 

 

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1            (A) Any evidence of the defendant's prior criminal
2        history indicative of violent, abusive or assaultive
3        behavior, or lack of that behavior. The evidence may
4        include testimony or documents received in juvenile
5        proceedings, criminal, quasi-criminal, civil
6        commitment, domestic relations or other proceedings;
7            (B) Any evidence of the defendant's psychological,
8        psychiatric or other similar social history that tends
9        to indicate a violent, abusive, or assaultive nature,
10        or lack of any such history.
11        (3) The nature of the threat which is the basis of the
12    charge against the defendant;
13        (4) Any statements made by, or attributed to the
14    defendant, together with the circumstances surrounding
15    them;
16        (5) The age and physical condition of any person
17    assaulted by the defendant;
18        (6) Whether the defendant is known to possess or have
19    access to any weapon or weapons;
20        (7) Whether, at the time of the current offense or any
21    other offense or arrest, the defendant was on probation,
22    parole, aftercare release, mandatory supervised release or
23    other release from custody pending trial, sentencing,
24    appeal or completion of sentence for an offense under
25    federal or state law;
26        (8) Any other factors, including those listed in

 

 

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1    Section 110-5 of this Code, deemed by the court to have a
2    reasonable bearing upon the defendant's propensity or
3    reputation for violent, abusive or assaultive behavior, or
4    lack of that behavior.
5    (e) The court shall, in any order denying bail to a person
6charged with stalking or aggravated stalking:
7        (1) briefly summarize the evidence of the defendant's
8    culpability and its reasons for concluding that the
9    defendant should be held without bail;
10        (2) direct that the defendant be committed to the
11    custody of the sheriff for confinement in the county jail
12    pending trial;
13        (3) direct that the defendant be given a reasonable
14    opportunity for private consultation with counsel, and for
15    communication with others of his choice by visitation,
16    mail and telephone; and
17        (4) direct that the sheriff deliver the defendant as
18    required for appearances in connection with court
19    proceedings.
20    (f) If the court enters an order for the detention of the
21defendant under subsection (e) of this Section, the defendant
22shall be brought to trial on the offense for which he is
23detained within 90 days after the date on which the order for
24detention was entered. If the defendant is not brought to
25trial within the 90 day period required by this subsection
26(f), he shall not be held longer without bail. In computing the

 

 

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190 day period, the court shall omit any period of delay
2resulting from a continuance granted at the request of the
3defendant. The court shall immediately notify the alleged
4victim of the offense that the defendant has been admitted to
5bail under this subsection.
6    (g) Any person shall be entitled to appeal any order
7entered under this Section denying bail to the defendant.
8    (h) The State may appeal any order entered under this
9Section denying any motion for denial of bail.
10    (i) Nothing in this Section shall be construed as
11modifying or limiting in any way the defendant's presumption
12of innocence in further criminal proceedings.
13(Source: P.A. 97-1109, eff. 1-1-13; 97-1150, eff. 1-25-13;
1498-558, eff. 1-1-14; 101-652, eff. 7-1-21.)
 
15    (725 ILCS 5/110-6.5)
16    Sec. 110-6.5. Drug testing program. The Chief Judge of the
17circuit may establish a drug testing program as provided by
18this Section in any county in the circuit if the county board
19has approved the establishment of the program and the county
20probation department or pretrial services agency has consented
21to administer it. The drug testing program shall be conducted
22under the following provisions:
23    (a) The court, in the case of a defendant charged with a
24felony offense or any offense involving the possession or
25delivery of cannabis or a controlled substance, shall:

 

 

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1        (1) not consider the release of the defendant on his
2    or her own recognizance, unless the defendant consents to
3    periodic drug testing during the period of release on his
4    or her own recognizance, in accordance with this Section;
5        (2) consider the consent of the defendant to periodic
6    drug testing during the period of release on bail in
7    accordance with this Section as a favorable factor for the
8    defendant in determining the amount of bail, the
9    conditions of release or in considering the defendant's
10    motion to reduce the amount of bail.
11    (b) The drug testing shall be conducted by the pretrial
12services agency or under the direction of the probation
13department when a pretrial services agency does not exist in
14accordance with this Section.
15    (c) A defendant who consents to periodic drug testing as
16set forth in this Section shall sign an agreement with the
17court that, during the period of release, the defendant shall
18refrain from using illegal drugs and that the defendant will
19comply with the conditions of the testing program. The
20agreement shall be on a form prescribed by the court and shall
21be executed at the time of the bail hearing. This agreement
22shall be made a specific condition of bail.
23    (d) The drug testing program shall be conducted as
24follows:
25        (1) The testing shall be done by urinalysis for the
26    detection of phencyclidine, heroin, cocaine, methadone and

 

 

HB2337- 470 -LRB103 05867 HEP 50888 b

1    amphetamines.
2        (2) The collection of samples shall be performed under
3    reasonable and sanitary conditions.
4        (3) Samples shall be collected and tested with due
5    regard for the privacy of the individual being tested and
6    in a manner reasonably calculated to prevent substitutions
7    or interference with the collection or testing of reliable
8    samples.
9        (4) Sample collection shall be documented, and the
10    documentation procedures shall include:
11            (i) Labeling of samples so as to reasonably
12        preclude the probability of erroneous identification
13        of test results; and
14            (ii) An opportunity for the defendant to provide
15        information on the identification of prescription or
16        nonprescription drugs used in connection with a
17        medical condition.
18        (5) Sample collection, storage, and transportation to
19    the place of testing shall be performed so as to
20    reasonably preclude the probability of sample
21    contamination or adulteration.
22        (6) Sample testing shall conform to scientifically
23    accepted analytical methods and procedures. Testing shall
24    include verification or confirmation of any positive test
25    result by a reliable analytical method before the result
26    of any test may be used as a basis for any action by the

 

 

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1    court.
2    (e) The initial sample shall be collected before the
3defendant's release on bail. Thereafter, the defendant shall
4report to the pretrial services agency or probation department
5as required by the agency or department. The pretrial services
6agency or probation department shall immediately notify the
7court of any defendant who fails to report for testing.
8    (f) After the initial test, a subsequent confirmed
9positive test result indicative of continued drug use shall
10result in the following:
11        (1) Upon the first confirmed positive test result, the
12    pretrial services agency or probation department, shall
13    place the defendant on a more frequent testing schedule
14    and shall warn the defendant of the consequences of
15    continued drug use.
16        (2) A second confirmed positive test result shall be
17    grounds for a hearing before the judge who authorized the
18    release of the defendant in accordance with the provisions
19    of subsection (g) of this Section.
20    (g) The court shall, upon motion of the State or upon its
21own motion, conduct a hearing in connection with any defendant
22who fails to appear for testing, fails to cooperate with the
23persons conducting the testing program, attempts to submit a
24sample not his or her own or has had a confirmed positive test
25result indicative of continued drug use for the second or
26subsequent time after the initial test. The hearing shall be

 

 

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1conducted in accordance with the procedures of Section 110-6.
2    Upon a finding by the court that the State has established
3by clear and convincing evidence that the defendant has
4violated the drug testing conditions of bail, the court may
5consider any of the following sanctions:
6        (1) increase the amount of the defendant's bail or
7    conditions of release;
8        (2) impose a jail sentence of up to 5 days;
9        (3) revoke the defendant's bail; or
10        (4) enter such other orders which are within the power
11    of the court as deemed appropriate.
12    (h) The results of any drug testing conducted under this
13Section shall not be admissible on the issue of the
14defendant's guilt in connection with any criminal charge.
15    (i) The court may require that the defendant pay for the
16cost of drug testing.
17(Source: P.A. 88-677, eff. 12-15-94; 101-652, eff. 7-1-21.)
 
18    (725 ILCS 5/110-7)  (from Ch. 38, par. 110-7)
19    Sec. 110-7. Deposit of bail security.
20    (a) The person for whom bail has been set shall execute the
21bail bond and deposit with the clerk of the court before which
22the proceeding is pending a sum of money equal to 10% of the
23bail, but in no event shall such deposit be less than $25. The
24clerk of the court shall provide a space on each form for a
25person other than the accused who has provided the money for

 

 

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1the posting of bail to so indicate and a space signed by an
2accused who has executed the bail bond indicating whether a
3person other than the accused has provided the money for the
4posting of bail. The form shall also include a written notice
5to such person who has provided the defendant with the money
6for the posting of bail indicating that the bail may be used to
7pay costs, attorney's fees, fines, or other purposes
8authorized by the court and if the defendant fails to comply
9with the conditions of the bail bond, the court shall enter an
10order declaring the bail to be forfeited. The written notice
11must be: (1) distinguishable from the surrounding text; (2) in
12bold type or underscored; and (3) in a type size at least 2
13points larger than the surrounding type. When a person for
14whom bail has been set is charged with an offense under the
15Illinois Controlled Substances Act or the Methamphetamine
16Control and Community Protection Act which is a Class X
17felony, or making a terrorist threat in violation of Section
1829D-20 of the Criminal Code of 1961 or the Criminal Code of
192012 or an attempt to commit the offense of making a terrorist
20threat, the court may require the defendant to deposit a sum
21equal to 100% of the bail. Where any person is charged with a
22forcible felony while free on bail and is the subject of
23proceedings under Section 109-3 of this Code the judge
24conducting the preliminary examination may also conduct a
25hearing upon the application of the State pursuant to the
26provisions of Section 110-6 of this Code to increase or revoke

 

 

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1the bail for that person's prior alleged offense.
2    (b) Upon depositing this sum and any bond fee authorized
3by law, the person shall be released from custody subject to
4the conditions of the bail bond.
5    (c) Once bail has been given and a charge is pending or is
6thereafter filed in or transferred to a court of competent
7jurisdiction the latter court shall continue the original bail
8in that court subject to the provisions of Section 110-6 of
9this Code.
10    (d) After conviction the court may order that the original
11bail stand as bail pending appeal or deny, increase or reduce
12bail subject to the provisions of Section 110-6.2.
13    (e) After the entry of an order by the trial court allowing
14or denying bail pending appeal either party may apply to the
15reviewing court having jurisdiction or to a justice thereof
16sitting in vacation for an order increasing or decreasing the
17amount of bail or allowing or denying bail pending appeal
18subject to the provisions of Section 110-6.2.
19    (f) When the conditions of the bail bond have been
20performed and the accused has been discharged from all
21obligations in the cause the clerk of the court shall return to
22the accused or to the defendant's designee by an assignment
23executed at the time the bail amount is deposited, unless the
24court orders otherwise, 90% of the sum which had been
25deposited and shall retain as bail bond costs 10% of the amount
26deposited. However, in no event shall the amount retained by

 

 

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1the clerk as bail bond costs be less than $5. Notwithstanding
2the foregoing, in counties with a population of 3,000,000 or
3more, in no event shall the amount retained by the clerk as
4bail bond costs exceed $100. Bail bond deposited by or on
5behalf of a defendant in one case may be used, in the court's
6discretion, to satisfy financial obligations of that same
7defendant incurred in a different case due to a fine, court
8costs, restitution or fees of the defendant's attorney of
9record. In counties with a population of 3,000,000 or more,
10the court shall not order bail bond deposited by or on behalf
11of a defendant in one case to be used to satisfy financial
12obligations of that same defendant in a different case until
13the bail bond is first used to satisfy court costs and
14attorney's fees in the case in which the bail bond has been
15deposited and any other unpaid child support obligations are
16satisfied. In counties with a population of less than
173,000,000, the court shall not order bail bond deposited by or
18on behalf of a defendant in one case to be used to satisfy
19financial obligations of that same defendant in a different
20case until the bail bond is first used to satisfy court costs
21in the case in which the bail bond has been deposited.
22    At the request of the defendant the court may order such
2390% of defendant's bail deposit, or whatever amount is
24repayable to defendant from such deposit, to be paid to
25defendant's attorney of record.
26    (g) If the accused does not comply with the conditions of

 

 

HB2337- 476 -LRB103 05867 HEP 50888 b

1the bail bond the court having jurisdiction shall enter an
2order declaring the bail to be forfeited. Notice of such order
3of forfeiture shall be mailed forthwith to the accused at his
4last known address. If the accused does not appear and
5surrender to the court having jurisdiction within 30 days from
6the date of the forfeiture or within such period satisfy the
7court that appearance and surrender by the accused is
8impossible and without his fault the court shall enter
9judgment for the State if the charge for which the bond was
10given was a felony or misdemeanor, or if the charge was
11quasi-criminal or traffic, judgment for the political
12subdivision of the State which prosecuted the case, against
13the accused for the amount of the bail and costs of the court
14proceedings; however, in counties with a population of less
15than 3,000,000, instead of the court entering a judgment for
16the full amount of the bond the court may, in its discretion,
17enter judgment for the cash deposit on the bond, less costs,
18retain the deposit for further disposition or, if a cash bond
19was posted for failure to appear in a matter involving
20enforcement of child support or maintenance, the amount of the
21cash deposit on the bond, less outstanding costs, may be
22awarded to the person or entity to whom the child support or
23maintenance is due. The deposit made in accordance with
24paragraph (a) shall be applied to the payment of costs. If
25judgment is entered and any amount of such deposit remains
26after the payment of costs it shall be applied to payment of

 

 

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1the judgment and transferred to the treasury of the municipal
2corporation wherein the bond was taken if the offense was a
3violation of any penal ordinance of a political subdivision of
4this State, or to the treasury of the county wherein the bond
5was taken if the offense was a violation of any penal statute
6of this State. The balance of the judgment may be enforced and
7collected in the same manner as a judgment entered in a civil
8action.
9    (h) After a judgment for a fine and court costs or either
10is entered in the prosecution of a cause in which a deposit had
11been made in accordance with paragraph (a) the balance of such
12deposit, after deduction of bail bond costs, shall be applied
13to the payment of the judgment.
14    (i) When a court appearance is required for an alleged
15violation of the Criminal Code of 1961, the Criminal Code of
162012, the Illinois Vehicle Code, the Wildlife Code, the Fish
17and Aquatic Life Code, the Child Passenger Protection Act, or
18a comparable offense of a unit of local government as
19specified in Supreme Court Rule 551, and if the accused does
20not appear in court on the date set for appearance or any date
21to which the case may be continued and the court issues an
22arrest warrant for the accused, based upon his or her failure
23to appear when having so previously been ordered to appear by
24the court, the accused upon his or her admission to bail shall
25be assessed by the court a fee of $75. Payment of the fee shall
26be a condition of release unless otherwise ordered by the

 

 

HB2337- 478 -LRB103 05867 HEP 50888 b

1court. The fee shall be in addition to any bail that the
2accused is required to deposit for the offense for which the
3accused has been charged and may not be used for the payment of
4court costs or fines assessed for the offense. The clerk of the
5court shall remit $70 of the fee assessed to the arresting
6agency who brings the offender in on the arrest warrant. If the
7Department of State Police is the arresting agency, $70 of the
8fee assessed shall be remitted by the clerk of the court to the
9State Treasurer within one month after receipt for deposit
10into the State Police Operations Assistance Fund. The clerk of
11the court shall remit $5 of the fee assessed to the Circuit
12Court Clerk Operation and Administrative Fund as provided in
13Section 27.3d of the Clerks of Courts Act.
14(Source: P.A. 99-412, eff. 1-1-16; 101-652, eff. 7-1-21.)
 
15    (725 ILCS 5/110-8)  (from Ch. 38, par. 110-8)
16    Sec. 110-8. Cash, stocks, bonds and real estate as
17security for bail.
18    (a) In lieu of the bail deposit provided for in Section
19110-7 of this Code any person for whom bail has been set may
20execute the bail bond with or without sureties which bond may
21be secured:
22    (1) By a deposit, with the clerk of the court, of an amount
23equal to the required bail, of cash, or stocks and bonds in
24which trustees are authorized to invest trust funds under the
25laws of this State; or

 

 

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1    (2) By real estate situated in this State with
2unencumbered equity not exempt owned by the accused or
3sureties worth double the amount of bail set in the bond.
4    (b) If the bail bond is secured by stocks and bonds the
5accused or sureties shall file with the bond a sworn schedule
6which shall be approved by the court and shall contain:
7        (1) A list of the stocks and bonds deposited
8    describing each in sufficient detail that it may be
9    identified;
10        (2) The market value of each stock and bond;
11        (3) The total market value of the stocks and bonds
12    listed;
13        (4) A statement that the affiant is the sole owner of
14    the stocks and bonds listed and they are not exempt from
15    the enforcement of a judgment thereon;
16        (5) A statement that such stocks and bonds have not
17    previously been used or accepted as bail in this State
18    during the 12 months preceding the date of the bail bond;
19    and
20        (6) A statement that such stocks and bonds are
21    security for the appearance of the accused in accordance
22    with the conditions of the bail bond.
23    (c) If the bail bond is secured by real estate the accused
24or sureties shall file with the bond a sworn schedule which
25shall contain:
26        (1) A legal description of the real estate;

 

 

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1        (2) A description of any and all encumbrances on the
2    real estate including the amount of each and the holder
3    thereof;
4        (3) The market value of the unencumbered equity owned
5    by the affiant;
6        (4) A statement that the affiant is the sole owner of
7    such unencumbered equity and that it is not exempt from
8    the enforcement of a judgment thereon;
9        (5) A statement that the real estate has not
10    previously been used or accepted as bail in this State
11    during the 12 months preceding the date of the bail bond;
12    and
13        (6) A statement that the real estate is security for
14    the appearance of the accused in accordance with the
15    conditions of the bail bond.
16    (d) The sworn schedule shall constitute a material part of
17the bail bond. The affiant commits perjury if in the sworn
18schedule he makes a false statement which he does not believe
19to be true. He shall be prosecuted and punished accordingly,
20or, he may be punished for contempt.
21    (e) A certified copy of the bail bond and schedule of real
22estate shall be filed immediately in the office of the
23registrar of titles or recorder of the county in which the real
24estate is situated and the State shall have a lien on such real
25estate from the time such copies are filed in the office of the
26registrar of titles or recorder. The registrar of titles or

 

 

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1recorder shall enter, index and record (or register as the
2case may be) such bail bonds and schedules without requiring
3any advance fee, which fee shall be taxed as costs in the
4proceeding and paid out of such costs when collected.
5    (f) When the conditions of the bail bond have been
6performed and the accused has been discharged from his
7obligations in the cause, the clerk of the court shall return
8to him or his sureties the deposit of any cash, stocks or
9bonds. If the bail bond has been secured by real estate the
10clerk of the court shall forthwith notify in writing the
11registrar of titles or recorder and the lien of the bail bond
12on the real estate shall be discharged.
13    (g) If the accused does not comply with the conditions of
14the bail bond the court having jurisdiction shall enter an
15order declaring the bail to be forfeited. Notice of such order
16of forfeiture shall be mailed forthwith by the clerk of the
17court to the accused and his sureties at their last known
18address. If the accused does not appear and surrender to the
19court having jurisdiction within 30 days from the date of the
20forfeiture or within such period satisfy the court that
21appearance and surrender by the accused is impossible and
22without his fault the court shall enter judgment for the State
23against the accused and his sureties for the amount of the bail
24and costs of the proceedings; however, in counties with a
25population of less than 3,000,000, if the defendant has posted
26a cash bond, instead of the court entering a judgment for the

 

 

HB2337- 482 -LRB103 05867 HEP 50888 b

1full amount of the bond the court may, in its discretion, enter
2judgment for the cash deposit on the bond, less costs, retain
3the deposit for further disposition or, if a cash bond was
4posted for failure to appear in a matter involving enforcement
5of child support or maintenance, the amount of the cash
6deposit on the bond, less outstanding costs, may be awarded to
7the person or entity to whom the child support or maintenance
8is due.
9    (h) When judgment is entered in favor of the State on any
10bail bond given for a felony or misdemeanor, or judgement for a
11political subdivision of the state on any bail bond given for a
12quasi-criminal or traffic offense, the State's Attorney or
13political subdivision's attorney shall forthwith obtain a
14certified copy of the judgment and deliver same to the sheriff
15to be enforced by levy on the stocks or bonds deposited with
16the clerk of the court and the real estate described in the
17bail bond schedule. Any cash forfeited under subsection (g) of
18this Section shall be used to satisfy the judgment and costs
19and, without necessity of levy, ordered paid into the treasury
20of the municipal corporation wherein the bail bond was taken
21if the offense was a violation of any penal ordinance of a
22political subdivision of this State, or into the treasury of
23the county wherein the bail bond was taken if the offense was a
24violation of any penal statute of this State, or to the person
25or entity to whom child support or maintenance is owed if the
26bond was taken for failure to appear in a matter involving

 

 

HB2337- 483 -LRB103 05867 HEP 50888 b

1child support or maintenance. The stocks, bonds and real
2estate shall be sold in the same manner as in sales for the
3enforcement of a judgment in civil actions and the proceeds of
4such sale shall be used to satisfy all court costs, prior
5encumbrances, if any, and from the balance a sufficient amount
6to satisfy the judgment shall be paid into the treasury of the
7municipal corporation wherein the bail bond was taken if the
8offense was a violation of any penal ordinance of a political
9subdivision of this State, or into the treasury of the county
10wherein the bail bond was taken if the offense was a violation
11of any penal statute of this State. The balance shall be
12returned to the owner. The real estate so sold may be redeemed
13in the same manner as real estate may be redeemed after
14judicial sales or sales for the enforcement of judgments in
15civil actions.
16    (i) No stocks, bonds or real estate may be used or accepted
17as bail bond security in this State more than once in any 12
18month period.
19(Source: P.A. 89-469, eff. 1-1-97; 101-652, eff. 7-1-21.)
 
20    (725 ILCS 5/110-9)  (from Ch. 38, par. 110-9)
21    Sec. 110-9. Taking of bail by peace officer. When bail has
22been set by a judicial officer for a particular offense or
23offender any sheriff or other peace officer may take bail in
24accordance with the provisions of Section 110-7 or 110-8 of
25this Code and release the offender to appear in accordance

 

 

HB2337- 484 -LRB103 05867 HEP 50888 b

1with the conditions of the bail bond, the Notice to Appear or
2the Summons. The officer shall give a receipt to the offender
3for the bail so taken and within a reasonable time deposit such
4bail with the clerk of the court having jurisdiction of the
5offense. A sheriff or other peace officer taking bail in
6accordance with the provisions of Section 110-7 or 110-8 of
7this Code shall accept payments made in the form of currency,
8and may accept other forms of payment as the sheriff shall by
9rule authorize. For purposes of this Section, "currency" has
10the meaning provided in subsection (a) of Section 3 of the
11Currency Reporting Act.
12(Source: P.A. 99-618, eff. 1-1-17; 101-652, eff. 7-1-21.)
 
13    (725 ILCS 5/110-13)  (from Ch. 38, par. 110-13)
14    Sec. 110-13. Persons prohibited from furnishing bail
15security. No attorney at law practicing in this State and no
16official authorized to admit another to bail or to accept bail
17shall furnish any part of any security for bail in any criminal
18action or any proceeding nor shall any such person act as
19surety for any accused admitted to bail.
20(Source: Laws 1963, p. 2836; 101-652, eff. 7-1-21.)
 
21    (725 ILCS 5/110-15)  (from Ch. 38, par. 110-15)
22    Sec. 110-15. Applicability of provisions for giving and
23taking bail. The provisions of Sections 110-7 and 110-8 of
24this Code are exclusive of other provisions of law for the

 

 

HB2337- 485 -LRB103 05867 HEP 50888 b

1giving, taking, or enforcement of bail. In all cases where a
2person is admitted to bail the provisions of Sections 110-7
3and 110-8 of this Code shall be applicable.
4    However, the Supreme Court may, by rule or order,
5prescribe a uniform schedule of amounts of bail in all but
6felony offenses. The uniform schedule shall not require a
7person cited for violating the Illinois Vehicle Code or a
8similar provision of a local ordinance for which a violation
9is a petty offense as defined by Section 5-1-17 of the Unified
10Code of Corrections, excluding business offenses as defined by
11Section 5-1-2 of the Unified Code of Corrections or a
12violation of Section 15-111 or subsection (d) of Section 3-401
13of the Illinois Vehicle Code, to post bond to secure bail for
14his or her release. Such uniform schedule may provide that the
15cash deposit provisions of Section 110-7 shall not apply to
16bail amounts established for alleged violations punishable by
17fine alone, and the schedule may further provide that in
18specified traffic cases a valid Illinois chauffeur's or
19operator's license must be deposited, in addition to 10% of
20the amount of the bail specified in the schedule.
21(Source: P.A. 98-870, eff. 1-1-15; 98-1134, eff. 1-1-15;
22101-652, eff. 7-1-21.)
 
23    (725 ILCS 5/110-16)  (from Ch. 38, par. 110-16)
24    Sec. 110-16. Bail bond-forfeiture in same case or absents
25self during trial-not bailable. If a person admitted to bail

 

 

HB2337- 486 -LRB103 05867 HEP 50888 b

1on a felony charge forfeits his bond and fails to appear in
2court during the 30 days immediately after such forfeiture, on
3being taken into custody thereafter he shall not be bailable
4in the case in question, unless the court finds that his
5absence was not for the purpose of obstructing justice or
6avoiding prosecution.
7(Source: P.A. 77-1447; 101-652, eff. 7-1-21.)
 
8    (725 ILCS 5/110-17)  (from Ch. 38, par. 110-17)
9    Sec. 110-17. Unclaimed bail deposits. Any sum of money
10deposited by any person to secure his or her release from
11custody which remains unclaimed by the person entitled to its
12return for 3 years after the conditions of the bail bond have
13been performed and the accused has been discharged from all
14obligations in the cause shall be presumed to be abandoned and
15subject to disposition under the Revised Uniform Unclaimed
16Property Act.
17(Source: P.A. 100-22, eff. 1-1-18; 100-929, eff. 1-1-19;
18101-81, eff. 7-12-19; 101-652, eff. 7-1-21.)
 
19    (725 ILCS 5/110-18)  (from Ch. 38, par. 110-18)
20    Sec. 110-18. Reimbursement. The sheriff of each county
21shall certify to the treasurer of each county the number of
22days that persons had been detained in the custody of the
23sheriff without a bond being set as a result of an order
24entered pursuant to Section 110-6.1 of this Code. The county

 

 

HB2337- 487 -LRB103 05867 HEP 50888 b

1treasurer shall, no later than January 1, annually certify to
2the Supreme Court the number of days that persons had been
3detained without bond during the twelve-month period ending
4November 30. The Supreme Court shall reimburse, from funds
5appropriated to it by the General Assembly for such purposes,
6the treasurer of each county an amount of money for deposit in
7the county general revenue fund at a rate of $50 per day for
8each day that persons were detained in custody without bail as
9a result of an order entered pursuant to Section 110-6.1 of
10this Code.
11(Source: P.A. 85-892; 101-652, eff. 7-1-21.)
 
12    (725 ILCS 5/Art. 110A heading)
13
ARTICLE 110A. PEACE BONDS

 
14    (725 ILCS 5/110A-5)
15    Sec. 110A-5. Courts as conservators of the peace. All
16courts are conservators of the peace, shall cause to be kept
17all laws made for the preservation of the peace, and may
18require persons to give security to keep the peace or for their
19good behavior, or both, as provided by this Article.
20(Source: P.A. 89-234, eff. 1-1-96.)
 
21    (725 ILCS 5/110A-10)
22    Sec. 110A-10. Complaints. When complaint is made to a
23judge that a person has threatened or is about to commit an

 

 

HB2337- 488 -LRB103 05867 HEP 50888 b

1offense against the person or property of another, the court
2shall examine on oath the complaint, and any witness who may be
3produced, and reduce the complaint to writing, and cause it to
4be subscribed and sworn to by the complainant.
5    The complaint may be issued electronically or
6electromagnetically by use of a facsimile transmission
7machine, and that complaint has the same validity as a written
8complaint.
9(Source: P.A. 89-234, eff. 1-1-96.)
 
10    (725 ILCS 5/110A-15)
11    Sec. 110A-15. Warrants. If the court is satisfied that
12there is danger that an offense will be committed, the court
13shall issue a warrant requiring the proper officer to whom it
14is directed forthwith to apprehend the person complained of
15and bring him or her before the court having jurisdiction in
16the premises.
17    The warrant may be issued electronically or
18electromagnetically by use of a facsimile transmission
19machine, and that warrant has the same validity as a written
20warrant.
21(Source: P.A. 89-234, eff. 1-1-96.)
 
22    (725 ILCS 5/110A-20)
23    Sec. 110A-20. Hearing. When the person complained of is
24brought before the court if the charge is controverted, the

 

 

HB2337- 489 -LRB103 05867 HEP 50888 b

1testimony produced on behalf of the plaintiff and defendant
2shall be heard.
3(Source: P.A. 89-234, eff. 1-1-96.)
 
4    (725 ILCS 5/110A-25)
5    Sec. 110A-25. Malicious prosecution; costs. If it appears
6that there is no just reason to fear the commission of the
7offense, the defendant shall be discharged. If the court is of
8the opinion that the prosecution was commenced maliciously
9without probable cause, the court may enter judgment against
10the complainant for the costs of the prosecution.
11(Source: P.A. 89-234, eff. 1-1-96.)
 
12    (725 ILCS 5/110A-30)
13    Sec. 110A-30. Recognizance. If there is just reason to
14fear the commission of an offense, the defendant shall be
15required to give a recognizance, with sufficient security, in
16the sum as the court may direct, to keep the peace towards all
17people of this State, and especially towards the person
18against whom or whose property there is reason to fear the
19offense may be committed, for such time, not exceeding 12
20months, as the court may order. But he or she shall not be
21bound over to the next court unless he or she is also charged
22with some other offense for which he or she ought to be held to
23answer at the court.
24(Source: P.A. 89-234, eff. 1-1-96.)
 

 

 

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1    (725 ILCS 5/110A-35)
2    Sec. 110A-35. Refusal to give recognizance. If the person
3so ordered to recognize complies with the order, he or she
4shall be discharged; but if he or she refuses or neglects, the
5court shall commit him or her to jail during the period for
6which he or she was required to give security, or until he or
7she so recognizes, stating in the warrant the cause of
8commitment, with the sum and time for which the security was
9required.
10(Source: P.A. 89-234, eff. 1-1-96.)
 
11    (725 ILCS 5/110A-40)
12    Sec. 110A-40. Costs of prosecution. When a person is
13required to give security to keep the peace, or for his or her
14good behavior, the court may further order that the costs of
15the prosecution, or any part of the costs, shall be paid by
16that person, who shall stand committed until the costs are
17paid or he or she is otherwise legally discharged.
18(Source: P.A. 89-234, eff. 1-1-96.)
 
19    (725 ILCS 5/110A-45)
20    Sec. 110A-45. Discharge upon giving recognizance. A person
21committed for not finding sureties, or refusing to recognize
22as required by the court, may be discharged on giving the
23security as was required.

 

 

HB2337- 491 -LRB103 05867 HEP 50888 b

1(Source: P.A. 89-234, eff. 1-1-96.)
 
2    (725 ILCS 5/110A-50)
3    Sec. 110A-50. Filing of recognizance; breach of condition.
4Every recognizance taken in accordance with the foregoing
5provisions shall be filed of record by the clerk and upon a
6breach of the condition the same shall be prosecuted by the
7State's Attorney.
8(Source: P.A. 89-234, eff. 1-1-96.)
 
9    (725 ILCS 5/110A-55)
10    Sec. 110A-55. Conviction not needed. In proceeding upon a
11recognizance it is not necessary to show a conviction of the
12defendant of an offense against the person or property of
13another.
14(Source: P.A. 89-234, eff. 1-1-96.)
 
15    (725 ILCS 5/110A-60)
16    Sec. 110A-60. Threat made in court. A person who, in the
17presence of a court, commits or threatens to commit an offense
18against the person or property of another, may be ordered,
19without process, to enter into a recognizance to keep the
20peace for a period not exceeding 12 months, and in case of
21refusal be committed as in other cases.
22(Source: P.A. 89-234, eff. 1-1-96.)
 

 

 

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1    (725 ILCS 5/110A-65)
2    Sec. 110A-65. Remitting recognizance. When, upon an action
3brought upon a recognizance, the penalty for the action is
4adjudged forfeited, the court may, on the petition of a
5defendant, remit the portion of it as the circumstances of the
6case render just and reasonable.
7(Source: P.A. 89-234, eff. 1-1-96.)
 
8    (725 ILCS 5/110A-70)
9    Sec. 110A-70. Surrender of principal. The sureties of a
10person bound to keep the peace may, at any time, surrender
11their principal to the sheriff of the county in which the
12principal was bound, under the same rules and regulations
13governing the surrender of the principal in other criminal
14cases.
15(Source: P.A. 89-234, eff. 1-1-96.)
 
16    (725 ILCS 5/110A-75)
17    Sec. 110A-75. New recognizance. The person so surrendered
18may recognize anew, with sufficient sureties, before a court,
19for the residue of the time, and shall thereupon be
20discharged.
21(Source: P.A. 89-234, eff. 1-1-96.)
 
22    (725 ILCS 5/110A-80)
23    Sec. 110A-80. Amended complaint. No proceeding to prevent

 

 

HB2337- 493 -LRB103 05867 HEP 50888 b

1a breach of the peace shall be dismissed on account of any
2informality or insufficiency in the complaint, or any process
3or proceeding, but the complaint may be amended, by order of
4the court, to conform to the facts in the case.
5(Source: P.A. 89-234, eff. 1-1-96.)
 
6    Section 1-240. The Rights of Crime Victims and Witnesses
7Act is amended by changing Sections 3, 4 and 4.5 as follows:
 
8    (725 ILCS 120/3)  (from Ch. 38, par. 1403)
9    (Text of Section before amendment by P.A. 102-982)
10    Sec. 3. The terms used in this Act shall have the following
11meanings:
12    (a) "Crime victim" or "victim" means: (1) any natural
13person determined by the prosecutor or the court to have
14suffered direct physical or psychological harm as a result of
15a violent crime perpetrated or attempted against that person
16or direct physical or psychological harm as a result of (i) a
17violation of Section 11-501 of the Illinois Vehicle Code or
18similar provision of a local ordinance or (ii) a violation of
19Section 9-3 of the Criminal Code of 1961 or the Criminal Code
20of 2012; (2) in the case of a crime victim who is under 18
21years of age or an adult victim who is incompetent or
22incapacitated, both parents, legal guardians, foster parents,
23or a single adult representative; (3) in the case of an adult
24deceased victim, 2 representatives who may be the spouse,

 

 

HB2337- 494 -LRB103 05867 HEP 50888 b

1parent, child or sibling of the victim, or the representative
2of the victim's estate; and (4) an immediate family member of a
3victim under clause (1) of this paragraph (a) chosen by the
4victim. If the victim is 18 years of age or over, the victim
5may choose any person to be the victim's representative. In no
6event shall the defendant or any person who aided and abetted
7in the commission of the crime be considered a victim, a crime
8victim, or a representative of the victim.
9    A board, agency, or other governmental entity making
10decisions regarding an offender's release, sentence reduction,
11or clemency can determine additional persons are victims for
12the purpose of its proceedings.
13    (a-3) "Advocate" means a person whose communications with
14the victim are privileged under Section 8-802.1 or 8-802.2 of
15the Code of Civil Procedure, or Section 227 of the Illinois
16Domestic Violence Act of 1986.
17    (a-5) "Confer" means to consult together, share
18information, compare opinions and carry on a discussion or
19deliberation.
20    (a-7) "Sentence" includes, but is not limited to, the
21imposition of sentence, a request for a reduction in sentence,
22parole, mandatory supervised release, aftercare release, early
23release, inpatient treatment, outpatient treatment,
24conditional release after a finding that the defendant is not
25guilty by reason of insanity, clemency, or a proposal that
26would reduce the defendant's sentence or result in the

 

 

HB2337- 495 -LRB103 05867 HEP 50888 b

1defendant's release. "Early release" refers to a discretionary
2release.
3    (a-9) "Sentencing" includes, but is not limited to, the
4imposition of sentence and a request for a reduction in
5sentence, parole, mandatory supervised release, aftercare
6release, early release, consideration of inpatient treatment
7or outpatient treatment, or conditional release after a
8finding that the defendant is not guilty by reason of
9insanity.
10    (a-10) "Status hearing" means a hearing designed to
11provide information to the court, at which no motion of a
12substantive nature and no constitutional or statutory right of
13a crime victim is implicated or at issue.
14    (b) "Witness" means: any person who personally observed
15the commission of a crime and who will testify on behalf of the
16State of Illinois; or a person who will be called by the
17prosecution to give testimony establishing a necessary nexus
18between the offender and the violent crime.
19    (c) "Violent crime" means: (1) any felony in which force
20or threat of force was used against the victim; (2) any offense
21involving sexual exploitation, sexual conduct, or sexual
22penetration; (3) a violation of Section 11-20.1, 11-20.1B,
2311-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the
24Criminal Code of 2012; (4) domestic battery or stalking; (5)
25violation of an order of protection, a civil no contact order,
26or a stalking no contact order; (6) any misdemeanor which

 

 

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1results in death or great bodily harm to the victim; or (7) any
2violation of Section 9-3 of the Criminal Code of 1961 or the
3Criminal Code of 2012, or Section 11-501 of the Illinois
4Vehicle Code, or a similar provision of a local ordinance, if
5the violation resulted in personal injury or death. "Violent
6crime" includes any action committed by a juvenile that would
7be a violent crime if committed by an adult. For the purposes
8of this paragraph, "personal injury" shall include any Type A
9injury as indicated on the traffic accident report completed
10by a law enforcement officer that requires immediate
11professional attention in either a doctor's office or medical
12facility. A type A injury shall include severely bleeding
13wounds, distorted extremities, and injuries that require the
14injured party to be carried from the scene.
15    (d) (Blank).
16    (e) "Court proceedings" includes, but is not limited to,
17the preliminary hearing, any post-arraignment hearing the
18effect of which may be the release of the defendant from
19custody or to alter the conditions of bond, change of plea
20hearing, the trial, any pretrial or post-trial hearing,
21sentencing, any oral argument or hearing before an Illinois
22appellate court, any hearing under the Mental Health and
23Developmental Disabilities Code or Section 5-2-4 of the
24Unified Code of Corrections after a finding that the defendant
25is not guilty by reason of insanity, including a hearing for
26conditional release, any hearing related to a modification of

 

 

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1sentence, probation revocation hearing, aftercare release or
2parole hearings, post-conviction relief proceedings, habeas
3corpus proceedings and clemency proceedings related to the
4defendant's conviction or sentence. For purposes of the
5victim's right to be present, "court proceedings" does not
6include (1) hearings under Section 109-1 of the Code of
7Criminal Procedure of 1963, (2) grand jury proceedings, (2)
8(3) status hearings, or (3) (4) the issuance of an order or
9decision of an Illinois court that dismisses a charge,
10reverses a conviction, reduces a sentence, or releases an
11offender under a court rule.
12    (e) "Court proceedings" includes, but is not limited to,
13the preliminary hearing, any post-arraignment hearing the
14effect of which may be the release of the defendant from
15custody or to alter the conditions of bond, change of plea
16hearing, the trial, any pretrial or post-trial hearing,
17sentencing, any oral argument or hearing before an Illinois
18appellate court, any hearing under the Mental Health and
19Developmental Disabilities Code or Section 5-2-4 of the
20Unified Code of Corrections after a finding that the defendant
21is not guilty by reason of insanity, including a hearing for
22conditional release, any hearing related to a modification of
23sentence, probation revocation hearing, aftercare release or
24parole hearings, post-conviction relief proceedings, habeas
25corpus proceedings and clemency proceedings related to the
26defendant's conviction or sentence. For purposes of the

 

 

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1victim's right to be present, "court proceedings" does not
2include (1) hearings under Section 109-1 of the Code of
3Criminal Procedure of 1963, (2) grand jury proceedings, (3)
4status hearings, or (4) the issuance of an order or decision of
5an Illinois court that dismisses a charge, reverses a
6conviction, reduces a sentence, or releases an offender under
7a court rule.
8    (f) "Concerned citizen" includes relatives of the victim,
9friends of the victim, witnesses to the crime, or any other
10person associated with the victim or prisoner.
11    (g) "Victim's attorney" means an attorney retained by the
12victim for the purposes of asserting the victim's
13constitutional and statutory rights. An attorney retained by
14the victim means an attorney who is hired to represent the
15victim at the victim's expense or an attorney who has agreed to
16provide pro bono representation. Nothing in this statute
17creates a right to counsel at public expense for a victim.
18    (h) "Support person" means a person chosen by a victim to
19be present at court proceedings.
20(Source: P.A. 102-1104, eff. 1-1-23.)
 
21    (Text of Section after amendment by P.A. 102-982)
22    Sec. 3. The terms used in this Act shall have the following
23meanings:
24    (a) "Crime victim" or "victim" means: (1) any natural
25person determined by the prosecutor or the court to have

 

 

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1suffered direct physical or psychological harm as a result of
2a violent crime perpetrated or attempted against that person
3or direct physical or psychological harm as a result of (i) a
4violation of Section 11-501 of the Illinois Vehicle Code or
5similar provision of a local ordinance or (ii) a violation of
6Section 9-3 of the Criminal Code of 1961 or the Criminal Code
7of 2012; (2) in the case of a crime victim who is under 18
8years of age or an adult victim who is incompetent or
9incapacitated, both parents, legal guardians, foster parents,
10or a single adult representative; (3) in the case of an adult
11deceased victim, 2 representatives who may be the spouse,
12parent, child or sibling of the victim, or the representative
13of the victim's estate; and (4) an immediate family member of a
14victim under clause (1) of this paragraph (a) chosen by the
15victim. If the victim is 18 years of age or over, the victim
16may choose any person to be the victim's representative. In no
17event shall the defendant or any person who aided and abetted
18in the commission of the crime be considered a victim, a crime
19victim, or a representative of the victim.
20    A board, agency, or other governmental entity making
21decisions regarding an offender's release, sentence reduction,
22or clemency can determine additional persons are victims for
23the purpose of its proceedings.
24    (a-3) "Advocate" means a person whose communications with
25the victim are privileged under Section 8-802.1 or 8-802.2 of
26the Code of Civil Procedure, or Section 227 of the Illinois

 

 

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1Domestic Violence Act of 1986.
2    (a-5) "Confer" means to consult together, share
3information, compare opinions and carry on a discussion or
4deliberation.
5    (a-7) "Sentence" includes, but is not limited to, the
6imposition of sentence, a request for a reduction in sentence,
7parole, mandatory supervised release, aftercare release, early
8release, inpatient treatment, outpatient treatment,
9conditional release after a finding that the defendant is not
10guilty by reason of insanity, clemency, or a proposal that
11would reduce the defendant's sentence or result in the
12defendant's release. "Early release" refers to a discretionary
13release.
14    (a-9) "Sentencing" includes, but is not limited to, the
15imposition of sentence and a request for a reduction in
16sentence, parole, mandatory supervised release, aftercare
17release, early release, consideration of inpatient treatment
18or outpatient treatment, or conditional release after a
19finding that the defendant is not guilty by reason of
20insanity.
21    (a-10) "Status hearing" means a hearing designed to
22provide information to the court, at which no motion of a
23substantive nature and no constitutional or statutory right of
24a crime victim is implicated or at issue.
25    (b) "Witness" means: any person who personally observed
26the commission of a crime and who will testify on behalf of the

 

 

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1State of Illinois; or a person who will be called by the
2prosecution to give testimony establishing a necessary nexus
3between the offender and the violent crime.
4    (c) "Violent crime" means: (1) any felony in which force
5or threat of force was used against the victim; (2) any offense
6involving sexual exploitation, sexual conduct, or sexual
7penetration; (3) a violation of Section 11-20.1, 11-20.1B,
811-20.3, 11-23, or 11-23.5 of the Criminal Code of 1961 or the
9Criminal Code of 2012; (4) domestic battery or stalking; (5)
10violation of an order of protection, a civil no contact order,
11or a stalking no contact order; (6) any misdemeanor which
12results in death or great bodily harm to the victim; or (7) any
13violation of Section 9-3 of the Criminal Code of 1961 or the
14Criminal Code of 2012, or Section 11-501 of the Illinois
15Vehicle Code, or a similar provision of a local ordinance, if
16the violation resulted in personal injury or death. "Violent
17crime" includes any action committed by a juvenile that would
18be a violent crime if committed by an adult. For the purposes
19of this paragraph, "personal injury" shall include any Type A
20injury as indicated on the traffic crash report completed by a
21law enforcement officer that requires immediate professional
22attention in either a doctor's office or medical facility. A
23type A injury shall include severely bleeding wounds,
24distorted extremities, and injuries that require the injured
25party to be carried from the scene.
26    (d) (Blank).

 

 

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1    (e) "Court proceedings" includes, but is not limited to,
2the preliminary hearing, any post-arraignment hearing the
3effect of which may be the release of the defendant from
4custody or to alter the conditions of bond, change of plea
5hearing, the trial, any pretrial or post-trial hearing,
6sentencing, any oral argument or hearing before an Illinois
7appellate court, any hearing under the Mental Health and
8Developmental Disabilities Code or Section 5-2-4 of the
9Unified Code of Corrections after a finding that the defendant
10is not guilty by reason of insanity, including a hearing for
11conditional release, any hearing related to a modification of
12sentence, probation revocation hearing, aftercare release or
13parole hearings, post-conviction relief proceedings, habeas
14corpus proceedings and clemency proceedings related to the
15defendant's conviction or sentence. For purposes of the
16victim's right to be present, "court proceedings" does not
17include (1) hearings under Section 109-1 of the Code of
18Criminal Procedure of 1963, (2) grand jury proceedings, (2)
19(3) status hearings, or (3) (4) the issuance of an order or
20decision of an Illinois court that dismisses a charge,
21reverses a conviction, reduces a sentence, or releases an
22offender under a court rule.
23    (f) "Concerned citizen" includes relatives of the victim,
24friends of the victim, witnesses to the crime, or any other
25person associated with the victim or prisoner.
26    (g) "Victim's attorney" means an attorney retained by the

 

 

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1victim for the purposes of asserting the victim's
2constitutional and statutory rights. An attorney retained by
3the victim means an attorney who is hired to represent the
4victim at the victim's expense or an attorney who has agreed to
5provide pro bono representation. Nothing in this statute
6creates a right to counsel at public expense for a victim.
7    (h) "Support person" means a person chosen by a victim to
8be present at court proceedings.
9(Source: P.A. 102-982, eff. 7-1-23; 102-1104, eff. 1-1-23.)
 
10    (725 ILCS 120/4)  (from Ch. 38, par. 1404)
11    Sec. 4. Rights of crime victims.
12    (a) Crime victims shall have the following rights:
13        (1) The right to be treated with fairness and respect
14    for their dignity and privacy and to be free from
15    harassment, intimidation, and abuse throughout the
16    criminal justice process.
17        (1.5) The right to notice and to a hearing before a
18    court ruling on a request for access to any of the victim's
19    records, information, or communications which are
20    privileged or confidential by law.
21        (2) The right to timely notification of all court
22    proceedings.
23        (3) The right to communicate with the prosecution.
24        (4) The right to be heard at any post-arraignment
25    court proceeding in which a right of the victim is at issue

 

 

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1    and any court proceeding involving a post-arraignment
2    release decision, plea, or sentencing.
3        (5) The right to be notified of the conviction, the
4    sentence, the imprisonment and the release of the accused.
5        (6) The right to the timely disposition of the case
6    following the arrest of the accused.
7        (7) The right to be reasonably protected from the
8    accused through the criminal justice process.
9        (7.5) The right to have the safety of the victim and
10    the victim's family considered in denying or fixing the
11    amount of bail, determining whether to release the
12    defendant, and setting conditions of release after arrest
13    and conviction.
14        (8) The right to be present at the trial and all other
15    court proceedings on the same basis as the accused, unless
16    the victim is to testify and the court determines that the
17    victim's testimony would be materially affected if the
18    victim hears other testimony at the trial.
19        (9) The right to have present at all court
20    proceedings, including proceedings under the Juvenile
21    Court Act of 1987, subject to the rules of evidence, an
22    advocate and other support person of the victim's choice.
23        (10) The right to restitution.
24    (b) Any law enforcement agency that investigates an
25offense committed in this State shall provide a crime victim
26with a written statement and explanation of the rights of

 

 

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1crime victims under this amendatory Act of the 99th General
2Assembly within 48 hours of law enforcement's initial contact
3with a victim. The statement shall include information about
4crime victim compensation, including how to contact the Office
5of the Illinois Attorney General to file a claim, and
6appropriate referrals to local and State programs that provide
7victim services. The content of the statement shall be
8provided to law enforcement by the Attorney General. Law
9enforcement shall also provide a crime victim with a sign-off
10sheet that the victim shall sign and date as an
11acknowledgement that he or she has been furnished with
12information and an explanation of the rights of crime victims
13and compensation set forth in this Act.
14    (b-5) Upon the request of the victim, the law enforcement
15agency having jurisdiction shall provide a free copy of the
16police report concerning the victim's incident, as soon as
17practicable, but in no event later than 5 business days from
18the request.
19    (c) The Clerk of the Circuit Court shall post the rights of
20crime victims set forth in Article I, Section 8.1(a) of the
21Illinois Constitution and subsection (a) of this Section
22within 3 feet of the door to any courtroom where criminal
23proceedings are conducted. The clerk may also post the rights
24in other locations in the courthouse.
25    (d) At any point, the victim has the right to retain a
26victim's attorney who may be present during all stages of any

 

 

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1interview, investigation, or other interaction with
2representatives of the criminal justice system. Treatment of
3the victim should not be affected or altered in any way as a
4result of the victim's decision to exercise this right.
5(Source: P.A. 100-1087, eff. 1-1-19; 101-652, eff. 1-1-23.)
 
6    (725 ILCS 120/4.5)
7    Sec. 4.5. Procedures to implement the rights of crime
8victims. To afford crime victims their rights, law
9enforcement, prosecutors, judges, and corrections will provide
10information, as appropriate, of the following procedures:
11    (a) At the request of the crime victim, law enforcement
12authorities investigating the case shall provide notice of the
13status of the investigation, except where the State's Attorney
14determines that disclosure of such information would
15unreasonably interfere with the investigation, until such time
16as the alleged assailant is apprehended or the investigation
17is closed.
18    (a-5) When law enforcement authorities reopen a closed
19case to resume investigating, they shall provide notice of the
20reopening of the case, except where the State's Attorney
21determines that disclosure of such information would
22unreasonably interfere with the investigation.
23    (b) The office of the State's Attorney:
24        (1) shall provide notice of the filing of an
25    information, the return of an indictment, or the filing of

 

 

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1    a petition to adjudicate a minor as a delinquent for a
2    violent crime;
3        (2) shall provide timely notice of the date, time, and
4    place of court proceedings; of any change in the date,
5    time, and place of court proceedings; and of any
6    cancellation of court proceedings. Notice shall be
7    provided in sufficient time, wherever possible, for the
8    victim to make arrangements to attend or to prevent an
9    unnecessary appearance at court proceedings;
10        (3) or victim advocate personnel shall provide
11    information of social services and financial assistance
12    available for victims of crime, including information of
13    how to apply for these services and assistance;
14        (3.5) or victim advocate personnel shall provide
15    information about available victim services, including
16    referrals to programs, counselors, and agencies that
17    assist a victim to deal with trauma, loss, and grief;
18        (4) shall assist in having any stolen or other
19    personal property held by law enforcement authorities for
20    evidentiary or other purposes returned as expeditiously as
21    possible, pursuant to the procedures set out in Section
22    115-9 of the Code of Criminal Procedure of 1963;
23        (5) or victim advocate personnel shall provide
24    appropriate employer intercession services to ensure that
25    employers of victims will cooperate with the criminal
26    justice system in order to minimize an employee's loss of

 

 

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1    pay and other benefits resulting from court appearances;
2        (6) shall provide, whenever possible, a secure waiting
3    area during court proceedings that does not require
4    victims to be in close proximity to defendants or
5    juveniles accused of a violent crime, and their families
6    and friends;
7        (7) shall provide notice to the crime victim of the
8    right to have a translator present at all court
9    proceedings and, in compliance with the federal Americans
10    with Disabilities Act of 1990, the right to communications
11    access through a sign language interpreter or by other
12    means;
13        (8) (blank);
14        (8.5) shall inform the victim of the right to be
15    present at all court proceedings, unless the victim is to
16    testify and the court determines that the victim's
17    testimony would be materially affected if the victim hears
18    other testimony at trial;
19        (9) shall inform the victim of the right to have
20    present at all court proceedings, subject to the rules of
21    evidence and confidentiality, an advocate and other
22    support person of the victim's choice;
23        (9.3) shall inform the victim of the right to retain
24    an attorney, at the victim's own expense, who, upon
25    written notice filed with the clerk of the court and
26    State's Attorney, is to receive copies of all notices,

 

 

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1    motions, and court orders filed thereafter in the case, in
2    the same manner as if the victim were a named party in the
3    case;
4        (9.5) shall inform the victim of (A) the victim's
5    right under Section 6 of this Act to make a statement at
6    the sentencing hearing; (B) the right of the victim's
7    spouse, guardian, parent, grandparent, and other immediate
8    family and household members under Section 6 of this Act
9    to present a statement at sentencing; and (C) if a
10    presentence report is to be prepared, the right of the
11    victim's spouse, guardian, parent, grandparent, and other
12    immediate family and household members to submit
13    information to the preparer of the presentence report
14    about the effect the offense has had on the victim and the
15    person;
16        (10) at the sentencing shall make a good faith attempt
17    to explain the minimum amount of time during which the
18    defendant may actually be physically imprisoned. The
19    Office of the State's Attorney shall further notify the
20    crime victim of the right to request from the Prisoner
21    Review Board or Department of Juvenile Justice information
22    concerning the release of the defendant;
23        (11) shall request restitution at sentencing and as
24    part of a plea agreement if the victim requests
25    restitution;
26        (12) shall, upon the court entering a verdict of not

 

 

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1    guilty by reason of insanity, inform the victim of the
2    notification services available from the Department of
3    Human Services, including the statewide telephone number,
4    under subparagraph (d)(2) of this Section;
5        (13) shall provide notice within a reasonable time
6    after receipt of notice from the custodian, of the release
7    of the defendant on pretrial release bail or personal
8    recognizance or the release from detention of a minor who
9    has been detained;
10        (14) shall explain in nontechnical language the
11    details of any plea or verdict of a defendant, or any
12    adjudication of a juvenile as a delinquent;
13        (15) shall make all reasonable efforts to consult with
14    the crime victim before the Office of the State's Attorney
15    makes an offer of a plea bargain to the defendant or enters
16    into negotiations with the defendant concerning a possible
17    plea agreement, and shall consider the written statement,
18    if prepared prior to entering into a plea agreement. The
19    right to consult with the prosecutor does not include the
20    right to veto a plea agreement or to insist the case go to
21    trial. If the State's Attorney has not consulted with the
22    victim prior to making an offer or entering into plea
23    negotiations with the defendant, the Office of the State's
24    Attorney shall notify the victim of the offer or the
25    negotiations within 2 business days and confer with the
26    victim;

 

 

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1        (16) shall provide notice of the ultimate disposition
2    of the cases arising from an indictment or an information,
3    or a petition to have a juvenile adjudicated as a
4    delinquent for a violent crime;
5        (17) shall provide notice of any appeal taken by the
6    defendant and information on how to contact the
7    appropriate agency handling the appeal, and how to request
8    notice of any hearing, oral argument, or decision of an
9    appellate court;
10        (18) shall provide timely notice of any request for
11    post-conviction review filed by the defendant under
12    Article 122 of the Code of Criminal Procedure of 1963, and
13    of the date, time and place of any hearing concerning the
14    petition. Whenever possible, notice of the hearing shall
15    be given within 48 hours of the court's scheduling of the
16    hearing;
17        (19) shall forward a copy of any statement presented
18    under Section 6 to the Prisoner Review Board or Department
19    of Juvenile Justice to be considered in making a
20    determination under Section 3-2.5-85 or subsection (b) of
21    Section 3-3-8 of the Unified Code of Corrections;
22        (20) shall, within a reasonable time, offer to meet
23    with the crime victim regarding the decision of the
24    State's Attorney not to charge an offense, and shall meet
25    with the victim, if the victim agrees. The victim has a
26    right to have an attorney, advocate, and other support

 

 

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1    person of the victim's choice attend this meeting with the
2    victim; and
3        (21) shall give the crime victim timely notice of any
4    decision not to pursue charges and consider the safety of
5    the victim when deciding how to give such notice.
6    (c) The court shall ensure that the rights of the victim
7are afforded.
8    (c-5) The following procedures shall be followed to afford
9victims the rights guaranteed by Article I, Section 8.1 of the
10Illinois Constitution:
11        (1) Written notice. A victim may complete a written
12    notice of intent to assert rights on a form prepared by the
13    Office of the Attorney General and provided to the victim
14    by the State's Attorney. The victim may at any time
15    provide a revised written notice to the State's Attorney.
16    The State's Attorney shall file the written notice with
17    the court. At the beginning of any court proceeding in
18    which the right of a victim may be at issue, the court and
19    prosecutor shall review the written notice to determine
20    whether the victim has asserted the right that may be at
21    issue.
22        (2) Victim's retained attorney. A victim's attorney
23    shall file an entry of appearance limited to assertion of
24    the victim's rights. Upon the filing of the entry of
25    appearance and service on the State's Attorney and the
26    defendant, the attorney is to receive copies of all

 

 

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1    notices, motions and court orders filed thereafter in the
2    case.
3        (3) Standing. The victim has standing to assert the
4    rights enumerated in subsection (a) of Article I, Section
5    8.1 of the Illinois Constitution and the statutory rights
6    under Section 4 of this Act in any court exercising
7    jurisdiction over the criminal case. The prosecuting
8    attorney, a victim, or the victim's retained attorney may
9    assert the victim's rights. The defendant in the criminal
10    case has no standing to assert a right of the victim in any
11    court proceeding, including on appeal.
12        (4) Assertion of and enforcement of rights.
13            (A) The prosecuting attorney shall assert a
14        victim's right or request enforcement of a right by
15        filing a motion or by orally asserting the right or
16        requesting enforcement in open court in the criminal
17        case outside the presence of the jury. The prosecuting
18        attorney shall consult with the victim and the
19        victim's attorney regarding the assertion or
20        enforcement of a right. If the prosecuting attorney
21        decides not to assert or enforce a victim's right, the
22        prosecuting attorney shall notify the victim or the
23        victim's attorney in sufficient time to allow the
24        victim or the victim's attorney to assert the right or
25        to seek enforcement of a right.
26            (B) If the prosecuting attorney elects not to

 

 

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1        assert a victim's right or to seek enforcement of a
2        right, the victim or the victim's attorney may assert
3        the victim's right or request enforcement of a right
4        by filing a motion or by orally asserting the right or
5        requesting enforcement in open court in the criminal
6        case outside the presence of the jury.
7            (C) If the prosecuting attorney asserts a victim's
8        right or seeks enforcement of a right, unless the
9        prosecuting attorney objects or the trial court does
10        not allow it, the victim or the victim's attorney may
11        be heard regarding the prosecuting attorney's motion
12        or may file a simultaneous motion to assert or request
13        enforcement of the victim's right. If the victim or
14        the victim's attorney was not allowed to be heard at
15        the hearing regarding the prosecuting attorney's
16        motion, and the court denies the prosecuting
17        attorney's assertion of the right or denies the
18        request for enforcement of a right, the victim or
19        victim's attorney may file a motion to assert the
20        victim's right or to request enforcement of the right
21        within 10 days of the court's ruling. The motion need
22        not demonstrate the grounds for a motion for
23        reconsideration. The court shall rule on the merits of
24        the motion.
25            (D) The court shall take up and decide any motion
26        or request asserting or seeking enforcement of a

 

 

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1        victim's right without delay, unless a specific time
2        period is specified by law or court rule. The reasons
3        for any decision denying the motion or request shall
4        be clearly stated on the record.
5            (E) No later than January 1, 2023, the Office of
6        the Attorney General shall:
7                (i) designate an administrative authority
8            within the Office of the Attorney General to
9            receive and investigate complaints relating to the
10            provision or violation of the rights of a crime
11            victim as described in Article I, Section 8.1 of
12            the Illinois Constitution and in this Act;
13                (ii) create and administer a course of
14            training for employees and offices of the State of
15            Illinois that fail to comply with provisions of
16            Illinois law pertaining to the treatment of crime
17            victims as described in Article I, Section 8.1 of
18            the Illinois Constitution and in this Act as
19            required by the court under Section 5 of this Act;
20            and
21                (iii) have the authority to make
22            recommendations to employees and offices of the
23            State of Illinois to respond more effectively to
24            the needs of crime victims, including regarding
25            the violation of the rights of a crime victim.
26            (F) Crime victims' rights may also be asserted by

 

 

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1        filing a complaint for mandamus, injunctive, or
2        declaratory relief in the jurisdiction in which the
3        victim's right is being violated or where the crime is
4        being prosecuted. For complaints or motions filed by
5        or on behalf of the victim, the clerk of court shall
6        waive filing fees that would otherwise be owed by the
7        victim for any court filing with the purpose of
8        enforcing crime victims' rights. If the court denies
9        the relief sought by the victim, the reasons for the
10        denial shall be clearly stated on the record in the
11        transcript of the proceedings, in a written opinion,
12        or in the docket entry, and the victim may appeal the
13        circuit court's decision to the appellate court. The
14        court shall issue prompt rulings regarding victims'
15        rights. Proceedings seeking to enforce victims' rights
16        shall not be stayed or subject to unreasonable delay
17        via continuances.
18        (5) Violation of rights and remedies.
19            (A) If the court determines that a victim's right
20        has been violated, the court shall determine the
21        appropriate remedy for the violation of the victim's
22        right by hearing from the victim and the parties,
23        considering all factors relevant to the issue, and
24        then awarding appropriate relief to the victim.
25            (A-5) Consideration of an issue of a substantive
26        nature or an issue that implicates the constitutional

 

 

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1        or statutory right of a victim at a court proceeding
2        labeled as a status hearing shall constitute a per se
3        violation of a victim's right.
4            (B) The appropriate remedy shall include only
5        actions necessary to provide the victim the right to
6        which the victim was entitled. Remedies may include,
7        but are not limited to: injunctive relief requiring
8        the victim's right to be afforded; declaratory
9        judgment recognizing or clarifying the victim's
10        rights; a writ of mandamus; and may include reopening
11        previously held proceedings; however, in no event
12        shall the court vacate a conviction. Any remedy shall
13        be tailored to provide the victim an appropriate
14        remedy without violating any constitutional right of
15        the defendant. In no event shall the appropriate
16        remedy to the victim be a new trial or damages.
17        The court shall impose a mandatory training course
18    provided by the Attorney General for the employee under
19    item (ii) of subparagraph (E) of paragraph (4), which must
20    be successfully completed within 6 months of the entry of
21    the court order.
22        This paragraph (5) takes effect January 2, 2023.
23        (6) Right to be heard. Whenever a victim has the right
24    to be heard, the court shall allow the victim to exercise
25    the right in any reasonable manner the victim chooses.
26        (7) Right to attend trial. A party must file a written

 

 

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1    motion to exclude a victim from trial at least 60 days
2    prior to the date set for trial. The motion must state with
3    specificity the reason exclusion is necessary to protect a
4    constitutional right of the party, and must contain an
5    offer of proof. The court shall rule on the motion within
6    30 days. If the motion is granted, the court shall set
7    forth on the record the facts that support its finding
8    that the victim's testimony will be materially affected if
9    the victim hears other testimony at trial.
10        (8) Right to have advocate and support person present
11    at court proceedings.
12            (A) A party who intends to call an advocate as a
13        witness at trial must seek permission of the court
14        before the subpoena is issued. The party must file a
15        written motion at least 90 days before trial that sets
16        forth specifically the issues on which the advocate's
17        testimony is sought and an offer of proof regarding
18        (i) the content of the anticipated testimony of the
19        advocate; and (ii) the relevance, admissibility, and
20        materiality of the anticipated testimony. The court
21        shall consider the motion and make findings within 30
22        days of the filing of the motion. If the court finds by
23        a preponderance of the evidence that: (i) the
24        anticipated testimony is not protected by an absolute
25        privilege; and (ii) the anticipated testimony contains
26        relevant, admissible, and material evidence that is

 

 

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1        not available through other witnesses or evidence, the
2        court shall issue a subpoena requiring the advocate to
3        appear to testify at an in camera hearing. The
4        prosecuting attorney and the victim shall have 15 days
5        to seek appellate review before the advocate is
6        required to testify at an ex parte in camera
7        proceeding.
8            The prosecuting attorney, the victim, and the
9        advocate's attorney shall be allowed to be present at
10        the ex parte in camera proceeding. If, after
11        conducting the ex parte in camera hearing, the court
12        determines that due process requires any testimony
13        regarding confidential or privileged information or
14        communications, the court shall provide to the
15        prosecuting attorney, the victim, and the advocate's
16        attorney a written memorandum on the substance of the
17        advocate's testimony. The prosecuting attorney, the
18        victim, and the advocate's attorney shall have 15 days
19        to seek appellate review before a subpoena may be
20        issued for the advocate to testify at trial. The
21        presence of the prosecuting attorney at the ex parte
22        in camera proceeding does not make the substance of
23        the advocate's testimony that the court has ruled
24        inadmissible subject to discovery.
25            (B) If a victim has asserted the right to have a
26        support person present at the court proceedings, the

 

 

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1        victim shall provide the name of the person the victim
2        has chosen to be the victim's support person to the
3        prosecuting attorney, within 60 days of trial. The
4        prosecuting attorney shall provide the name to the
5        defendant. If the defendant intends to call the
6        support person as a witness at trial, the defendant
7        must seek permission of the court before a subpoena is
8        issued. The defendant must file a written motion at
9        least 45 days prior to trial that sets forth
10        specifically the issues on which the support person
11        will testify and an offer of proof regarding: (i) the
12        content of the anticipated testimony of the support
13        person; and (ii) the relevance, admissibility, and
14        materiality of the anticipated testimony.
15            If the prosecuting attorney intends to call the
16        support person as a witness during the State's
17        case-in-chief, the prosecuting attorney shall inform
18        the court of this intent in the response to the
19        defendant's written motion. The victim may choose a
20        different person to be the victim's support person.
21        The court may allow the defendant to inquire about
22        matters outside the scope of the direct examination
23        during cross-examination. If the court allows the
24        defendant to do so, the support person shall be
25        allowed to remain in the courtroom after the support
26        person has testified. A defendant who fails to

 

 

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1        question the support person about matters outside the
2        scope of direct examination during the State's
3        case-in-chief waives the right to challenge the
4        presence of the support person on appeal. The court
5        shall allow the support person to testify if called as
6        a witness in the defendant's case-in-chief or the
7        State's rebuttal.
8            If the court does not allow the defendant to
9        inquire about matters outside the scope of the direct
10        examination, the support person shall be allowed to
11        remain in the courtroom after the support person has
12        been called by the defendant or the defendant has
13        rested. The court shall allow the support person to
14        testify in the State's rebuttal.
15            If the prosecuting attorney does not intend to
16        call the support person in the State's case-in-chief,
17        the court shall verify with the support person whether
18        the support person, if called as a witness, would
19        testify as set forth in the offer of proof. If the
20        court finds that the support person would testify as
21        set forth in the offer of proof, the court shall rule
22        on the relevance, materiality, and admissibility of
23        the anticipated testimony. If the court rules the
24        anticipated testimony is admissible, the court shall
25        issue the subpoena. The support person may remain in
26        the courtroom after the support person testifies and

 

 

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1        shall be allowed to testify in rebuttal.
2            If the court excludes the victim's support person
3        during the State's case-in-chief, the victim shall be
4        allowed to choose another support person to be present
5        in court.
6            If the victim fails to designate a support person
7        within 60 days of trial and the defendant has
8        subpoenaed the support person to testify at trial, the
9        court may exclude the support person from the trial
10        until the support person testifies. If the court
11        excludes the support person the victim may choose
12        another person as a support person.
13        (9) Right to notice and hearing before disclosure of
14    confidential or privileged information or records.
15            (A) A defendant who seeks to subpoena testimony or
16        records of or concerning the victim that are
17        confidential or privileged by law must seek permission
18        of the court before the subpoena is issued. The
19        defendant must file a written motion and an offer of
20        proof regarding the relevance, admissibility and
21        materiality of the testimony or records. If the court
22        finds by a preponderance of the evidence that:
23                (i) the testimony or records are not protected
24            by an absolute privilege and
25                (ii) the testimony or records contain
26            relevant, admissible, and material evidence that

 

 

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1            is not available through other witnesses or
2            evidence, the court shall issue a subpoena
3            requiring the witness to appear in camera or a
4            sealed copy of the records be delivered to the
5            court to be reviewed in camera. If, after
6            conducting an in camera review of the witness
7            statement or records, the court determines that
8            due process requires disclosure of any potential
9            testimony or any portion of the records, the court
10            shall provide copies of the records that it
11            intends to disclose to the prosecuting attorney
12            and the victim. The prosecuting attorney and the
13            victim shall have 30 days to seek appellate review
14            before the records are disclosed to the defendant,
15            used in any court proceeding, or disclosed to
16            anyone or in any way that would subject the
17            testimony or records to public review. The
18            disclosure of copies of any portion of the
19            testimony or records to the prosecuting attorney
20            under this Section does not make the records
21            subject to discovery or required to be provided to
22            the defendant.
23            (B) A prosecuting attorney who seeks to subpoena
24        information or records concerning the victim that are
25        confidential or privileged by law must first request
26        the written consent of the crime victim. If the victim

 

 

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1        does not provide such written consent, including where
2        necessary the appropriate signed document required for
3        waiving privilege, the prosecuting attorney must serve
4        the subpoena at least 21 days prior to the date a
5        response or appearance is required to allow the
6        subject of the subpoena time to file a motion to quash
7        or request a hearing. The prosecuting attorney must
8        also send a written notice to the victim at least 21
9        days prior to the response date to allow the victim to
10        file a motion or request a hearing. The notice to the
11        victim shall inform the victim (i) that a subpoena has
12        been issued for confidential information or records
13        concerning the victim, (ii) that the victim has the
14        right to request a hearing prior to the response date
15        of the subpoena, and (iii) how to request the hearing.
16        The notice to the victim shall also include a copy of
17        the subpoena. If requested, a hearing regarding the
18        subpoena shall occur before information or records are
19        provided to the prosecuting attorney.
20        (10) Right to notice of court proceedings. If the
21    victim is not present at a court proceeding in which a
22    right of the victim is at issue, the court shall ask the
23    prosecuting attorney whether the victim was notified of
24    the time, place, and purpose of the court proceeding and
25    that the victim had a right to be heard at the court
26    proceeding. If the court determines that timely notice was

 

 

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1    not given or that the victim was not adequately informed
2    of the nature of the court proceeding, the court shall not
3    rule on any substantive issues, accept a plea, or impose a
4    sentence and shall continue the hearing for the time
5    necessary to notify the victim of the time, place and
6    nature of the court proceeding. The time between court
7    proceedings shall not be attributable to the State under
8    Section 103-5 of the Code of Criminal Procedure of 1963.
9        (11) Right to timely disposition of the case. A victim
10    has the right to timely disposition of the case so as to
11    minimize the stress, cost, and inconvenience resulting
12    from the victim's involvement in the case. Before ruling
13    on a motion to continue trial or other court proceeding,
14    the court shall inquire into the circumstances for the
15    request for the delay and, if the victim has provided
16    written notice of the assertion of the right to a timely
17    disposition, and whether the victim objects to the delay.
18    If the victim objects, the prosecutor shall inform the
19    court of the victim's objections. If the prosecutor has
20    not conferred with the victim about the continuance, the
21    prosecutor shall inform the court of the attempts to
22    confer. If the court finds the attempts of the prosecutor
23    to confer with the victim were inadequate to protect the
24    victim's right to be heard, the court shall give the
25    prosecutor at least 3 but not more than 5 business days to
26    confer with the victim. In ruling on a motion to continue,

 

 

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1    the court shall consider the reasons for the requested
2    continuance, the number and length of continuances that
3    have been granted, the victim's objections and procedures
4    to avoid further delays. If a continuance is granted over
5    the victim's objection, the court shall specify on the
6    record the reasons for the continuance and the procedures
7    that have been or will be taken to avoid further delays.
8        (12) Right to Restitution.
9            (A) If the victim has asserted the right to
10        restitution and the amount of restitution is known at
11        the time of sentencing, the court shall enter the
12        judgment of restitution at the time of sentencing.
13            (B) If the victim has asserted the right to
14        restitution and the amount of restitution is not known
15        at the time of sentencing, the prosecutor shall,
16        within 5 days after sentencing, notify the victim what
17        information and documentation related to restitution
18        is needed and that the information and documentation
19        must be provided to the prosecutor within 45 days
20        after sentencing. Failure to timely provide
21        information and documentation related to restitution
22        shall be deemed a waiver of the right to restitution.
23        The prosecutor shall file and serve within 60 days
24        after sentencing a proposed judgment for restitution
25        and a notice that includes information concerning the
26        identity of any victims or other persons seeking

 

 

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1        restitution, whether any victim or other person
2        expressly declines restitution, the nature and amount
3        of any damages together with any supporting
4        documentation, a restitution amount recommendation,
5        and the names of any co-defendants and their case
6        numbers. Within 30 days after receipt of the proposed
7        judgment for restitution, the defendant shall file any
8        objection to the proposed judgment, a statement of
9        grounds for the objection, and a financial statement.
10        If the defendant does not file an objection, the court
11        may enter the judgment for restitution without further
12        proceedings. If the defendant files an objection and
13        either party requests a hearing, the court shall
14        schedule a hearing.
15        (13) Access to presentence reports.
16            (A) The victim may request a copy of the
17        presentence report prepared under the Unified Code of
18        Corrections from the State's Attorney. The State's
19        Attorney shall redact the following information before
20        providing a copy of the report:
21                (i) the defendant's mental history and
22            condition;
23                (ii) any evaluation prepared under subsection
24            (b) or (b-5) of Section 5-3-2; and
25                (iii) the name, address, phone number, and
26            other personal information about any other victim.

 

 

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1            (B) The State's Attorney or the defendant may
2        request the court redact other information in the
3        report that may endanger the safety of any person.
4            (C) The State's Attorney may orally disclose to
5        the victim any of the information that has been
6        redacted if there is a reasonable likelihood that the
7        information will be stated in court at the sentencing.
8            (D) The State's Attorney must advise the victim
9        that the victim must maintain the confidentiality of
10        the report and other information. Any dissemination of
11        the report or information that was not stated at a
12        court proceeding constitutes indirect criminal
13        contempt of court.
14        (14) Appellate relief. If the trial court denies the
15    relief requested, the victim, the victim's attorney, or
16    the prosecuting attorney may file an appeal within 30 days
17    of the trial court's ruling. The trial or appellate court
18    may stay the court proceedings if the court finds that a
19    stay would not violate a constitutional right of the
20    defendant. If the appellate court denies the relief
21    sought, the reasons for the denial shall be clearly stated
22    in a written opinion. In any appeal in a criminal case, the
23    State may assert as error the court's denial of any crime
24    victim's right in the proceeding to which the appeal
25    relates.
26        (15) Limitation on appellate relief. In no case shall

 

 

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1    an appellate court provide a new trial to remedy the
2    violation of a victim's right.
3        (16) The right to be reasonably protected from the
4    accused throughout the criminal justice process and the
5    right to have the safety of the victim and the victim's
6    family considered in denying or fixing the amount of bail,
7    determining whether to release the defendant, and setting
8    conditions of release after arrest and conviction. A
9    victim of domestic violence, a sexual offense, or stalking
10    may request the entry of a protective order under Article
11    112A of the Code of Criminal Procedure of 1963.
12    (d) Procedures after the imposition of sentence.
13        (1) The Prisoner Review Board shall inform a victim or
14    any other concerned citizen, upon written request, of the
15    prisoner's release on parole, mandatory supervised
16    release, electronic detention, work release, international
17    transfer or exchange, or by the custodian, other than the
18    Department of Juvenile Justice, of the discharge of any
19    individual who was adjudicated a delinquent for a crime
20    from State custody and by the sheriff of the appropriate
21    county of any such person's final discharge from county
22    custody. The Prisoner Review Board, upon written request,
23    shall provide to a victim or any other concerned citizen a
24    recent photograph of any person convicted of a felony,
25    upon his or her release from custody. The Prisoner Review
26    Board, upon written request, shall inform a victim or any

 

 

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1    other concerned citizen when feasible at least 7 days
2    prior to the prisoner's release on furlough of the times
3    and dates of such furlough. Upon written request by the
4    victim or any other concerned citizen, the State's
5    Attorney shall notify the person once of the times and
6    dates of release of a prisoner sentenced to periodic
7    imprisonment. Notification shall be based on the most
8    recent information as to the victim's or other concerned
9    citizen's residence or other location available to the
10    notifying authority.
11        (2) When the defendant has been committed to the
12    Department of Human Services pursuant to Section 5-2-4 or
13    any other provision of the Unified Code of Corrections,
14    the victim may request to be notified by the releasing
15    authority of the approval by the court of an on-grounds
16    pass, a supervised off-grounds pass, an unsupervised
17    off-grounds pass, or conditional release; the release on
18    an off-grounds pass; the return from an off-grounds pass;
19    transfer to another facility; conditional release; escape;
20    death; or final discharge from State custody. The
21    Department of Human Services shall establish and maintain
22    a statewide telephone number to be used by victims to make
23    notification requests under these provisions and shall
24    publicize this telephone number on its website and to the
25    State's Attorney of each county.
26        (3) In the event of an escape from State custody, the

 

 

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1    Department of Corrections or the Department of Juvenile
2    Justice immediately shall notify the Prisoner Review Board
3    of the escape and the Prisoner Review Board shall notify
4    the victim. The notification shall be based upon the most
5    recent information as to the victim's residence or other
6    location available to the Board. When no such information
7    is available, the Board shall make all reasonable efforts
8    to obtain the information and make the notification. When
9    the escapee is apprehended, the Department of Corrections
10    or the Department of Juvenile Justice immediately shall
11    notify the Prisoner Review Board and the Board shall
12    notify the victim.
13        (4) The victim of the crime for which the prisoner has
14    been sentenced has the right to register with the Prisoner
15    Review Board's victim registry. Victims registered with
16    the Board shall receive reasonable written notice not less
17    than 30 days prior to the parole hearing or target
18    aftercare release date. The victim has the right to submit
19    a victim statement for consideration by the Prisoner
20    Review Board or the Department of Juvenile Justice in
21    writing, on film, videotape, or other electronic means, or
22    in the form of a recording prior to the parole hearing or
23    target aftercare release date, or in person at the parole
24    hearing or aftercare release protest hearing, or by
25    calling the toll-free number established in subsection (f)
26    of this Section. The victim shall be notified within 7

 

 

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1    days after the prisoner has been granted parole or
2    aftercare release and shall be informed of the right to
3    inspect the registry of parole decisions, established
4    under subsection (g) of Section 3-3-5 of the Unified Code
5    of Corrections. The provisions of this paragraph (4) are
6    subject to the Open Parole Hearings Act. Victim statements
7    provided to the Board shall be confidential and
8    privileged, including any statements received prior to
9    January 1, 2020 (the effective date of Public Act
10    101-288), except if the statement was an oral statement
11    made by the victim at a hearing open to the public.
12        (4-1) The crime victim has the right to submit a
13    victim statement for consideration by the Prisoner Review
14    Board or the Department of Juvenile Justice prior to or at
15    a hearing to determine the conditions of mandatory
16    supervised release of a person sentenced to a determinate
17    sentence or at a hearing on revocation of mandatory
18    supervised release of a person sentenced to a determinate
19    sentence. A victim statement may be submitted in writing,
20    on film, videotape, or other electronic means, or in the
21    form of a recording, or orally at a hearing, or by calling
22    the toll-free number established in subsection (f) of this
23    Section. Victim statements provided to the Board shall be
24    confidential and privileged, including any statements
25    received prior to January 1, 2020 (the effective date of
26    Public Act 101-288), except if the statement was an oral

 

 

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1    statement made by the victim at a hearing open to the
2    public.
3        (4-2) The crime victim has the right to submit a
4    victim statement to the Prisoner Review Board for
5    consideration at an executive clemency hearing as provided
6    in Section 3-3-13 of the Unified Code of Corrections. A
7    victim statement may be submitted in writing, on film,
8    videotape, or other electronic means, or in the form of a
9    recording prior to a hearing, or orally at a hearing, or by
10    calling the toll-free number established in subsection (f)
11    of this Section. Victim statements provided to the Board
12    shall be confidential and privileged, including any
13    statements received prior to January 1, 2020 (the
14    effective date of Public Act 101-288), except if the
15    statement was an oral statement made by the victim at a
16    hearing open to the public.
17        (5) If a statement is presented under Section 6, the
18    Prisoner Review Board or Department of Juvenile Justice
19    shall inform the victim of any order of discharge pursuant
20    to Section 3-2.5-85 or 3-3-8 of the Unified Code of
21    Corrections.
22        (6) At the written or oral request of the victim of the
23    crime for which the prisoner was sentenced or the State's
24    Attorney of the county where the person seeking parole or
25    aftercare release was prosecuted, the Prisoner Review
26    Board or Department of Juvenile Justice shall notify the

 

 

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1    victim and the State's Attorney of the county where the
2    person seeking parole or aftercare release was prosecuted
3    of the death of the prisoner if the prisoner died while on
4    parole or aftercare release or mandatory supervised
5    release.
6        (7) When a defendant who has been committed to the
7    Department of Corrections, the Department of Juvenile
8    Justice, or the Department of Human Services is released
9    or discharged and subsequently committed to the Department
10    of Human Services as a sexually violent person and the
11    victim had requested to be notified by the releasing
12    authority of the defendant's discharge, conditional
13    release, death, or escape from State custody, the
14    releasing authority shall provide to the Department of
15    Human Services such information that would allow the
16    Department of Human Services to contact the victim.
17        (8) When a defendant has been convicted of a sex
18    offense as defined in Section 2 of the Sex Offender
19    Registration Act and has been sentenced to the Department
20    of Corrections or the Department of Juvenile Justice, the
21    Prisoner Review Board or the Department of Juvenile
22    Justice shall notify the victim of the sex offense of the
23    prisoner's eligibility for release on parole, aftercare
24    release, mandatory supervised release, electronic
25    detention, work release, international transfer or
26    exchange, or by the custodian of the discharge of any

 

 

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1    individual who was adjudicated a delinquent for a sex
2    offense from State custody and by the sheriff of the
3    appropriate county of any such person's final discharge
4    from county custody. The notification shall be made to the
5    victim at least 30 days, whenever possible, before release
6    of the sex offender.
7    (e) The officials named in this Section may satisfy some
8or all of their obligations to provide notices and other
9information through participation in a statewide victim and
10witness notification system established by the Attorney
11General under Section 8.5 of this Act.
12    (f) The Prisoner Review Board shall establish a toll-free
13number that may be accessed by the crime victim to present a
14victim statement to the Board in accordance with paragraphs
15(4), (4-1), and (4-2) of subsection (d).
16(Source: P.A. 101-81, eff. 7-12-19; 101-288, eff. 1-1-20;
17101-652, eff. 1-1-23; 102-22, eff. 6-25-21; 102-558, eff.
188-20-21; 102-813, eff. 5-13-22.)
 
19    Section 1-245. The Pretrial Services Act is amended by
20changing Sections 7, 11, 19, 20, 22, and 34 as follows:
 
21    (725 ILCS 185/7)  (from Ch. 38, par. 307)
22    Sec. 7. Pretrial services agencies shall perform the
23following duties for the circuit court:
24    (a) Interview and assemble verified information and data

 

 

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1concerning the community ties, employment, residency, criminal
2record, and social background of arrested persons who are to
3be, or have been, presented in court for first appearance on
4felony charges, to assist the court in determining the
5appropriate terms and conditions of pretrial release;
6    (b) Submit written reports of those investigations to the
7court along with such findings and recommendations, if any, as
8may be necessary to assess appropriate conditions which shall
9be imposed to protect against the risks of nonappearance and
10commission of new offenses or other interference with the
11orderly administration of justice before trial; :
12    (1) the need for financial security to assure the
13defendant's appearance at later proceedings; and
14    (2) appropriate conditions which shall be imposed to
15protect against the risks of nonappearance and commission of
16new offenses or other interference with the orderly
17administration of justice before trial;
18    (c) Supervise compliance with pretrial release conditions,
19and promptly report violations of those conditions to the
20court and prosecutor to ensure assure effective enforcement;
21    (d) Cooperate with the court and all other criminal
22justice agencies in the development of programs to minimize
23unnecessary pretrial detention and protect the public against
24breaches of pretrial release conditions; and
25    (e) Monitor the local operations of the pretrial release
26system and maintain accurate and comprehensive records of

 

 

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1program activities.
2(Source: P.A. 102-1104, eff. 1-1-23.)
 
3    (725 ILCS 185/11)  (from Ch. 38, par. 311)
4    Sec. 11. No person shall be interviewed by a pretrial
5services agency unless he or she has first been apprised of the
6identity and purpose of the interviewer, the scope of the
7interview, the right to secure legal advice, and the right to
8refuse cooperation. Inquiry of the defendant shall carefully
9exclude questions concerning the details of the current
10charge. Statements made by the defendant during the interview,
11or evidence derived therefrom, are admissible in evidence only
12when the court is considering the imposition of pretrial or
13posttrial conditions to bail or recognizance of release,
14denial of pretrial release, or when considering the
15modification of a prior release order.
16(Source: P.A. 101-652, eff. 1-1-23; 102-1104, eff. 12-6-22.)
 
17    (725 ILCS 185/19)  (from Ch. 38, par. 319)
18    Sec. 19. Written reports under Section 17 shall set forth
19all factual findings on which any recommendation and
20conclusions contained therein are based together with the
21source of each fact, and shall contain information and data
22relevant to appropriate conditions imposed to protect against
23the risk of nonappearance and commission of new offenses or
24other interference with the orderly administration of justice

 

 

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1before trial. the following issues:
2    (a) The need for financial security to assure the
3defendant's appearance for later court proceedings; and
4    (b) Appropriate conditions imposed to protect against the
5risk of nonappearance and commission of new offenses or other
6interference with the orderly administration of justice before
7trial.
8(Source: P.A. 102-1104, eff. 1-1-23.)
 
9    (725 ILCS 185/20)  (from Ch. 38, par. 320)
10    Sec. 20. In preparing and presenting its written reports
11under Sections 17 and 19, pretrial services agencies shall in
12appropriate cases include specific recommendations for the
13setting the conditions , increase, or decrease of pretrial
14release bail; the release of the interviewee on his own
15recognizance in sums certain; and the imposition of pretrial
16conditions of pretrial release to bail or recognizance
17designed to minimize the risks of nonappearance, the
18commission of new offenses while awaiting trial, and other
19potential interference with the orderly administration of
20justice. In establishing objective internal criteria of any
21such recommendation policies, the agency may utilize so-called
22"point scales" for evaluating the aforementioned risks, but no
23interviewee shall be considered as ineligible for particular
24agency recommendations by sole reference to such procedures.
25(Source: P.A. 91-357, eff. 7-29-99; 101-652.)
 

 

 

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1    (725 ILCS 185/22)  (from Ch. 38, par. 322)
2    Sec. 22. If so ordered by the court, the pretrial services
3agency shall prepare and submit for the court's approval and
4signature a uniform release order on the uniform form
5established by the Supreme Court in all cases where an
6interviewee may be released from custody under conditions
7contained in an agency report. Such conditions shall become
8part of the conditions of pretrial release the bail bond. A
9copy of the uniform release order shall be provided to the
10defendant and defendant's attorney of record, and the
11prosecutor.
12(Source: P.A. 84-1449; 101-652.)
 
13    (725 ILCS 185/34)
14    Sec. 34. Probation and court services departments
15considered pretrial services agencies. For the purposes of
16administering the provisions of Public Act 95-773, known as
17the Cindy Bischof Law, all probation and court services
18departments are to be considered pretrial services agencies
19under this Act and under the pretrial release bail bond
20provisions of the Code of Criminal Procedure of 1963.
21(Source: P.A. 96-341, eff. 8-11-09; 101-652.)
 
22    Section 1-250. The Quasi-criminal and Misdemeanor Bail Act
23is amended by changing the title of the Act and Sections 0.01,

 

 

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11, 2, 3, and 5 as follows:
 
2    (725 ILCS 195/Act title)
3    An Act to authorize designated officers to let persons
4charged with quasi-criminal offenses and misdemeanors to
5pretrial release bail and to accept and receipt for fines on
6pleas of guilty in minor offenses, in accordance with
7schedules established by rule of court.
 
8    (725 ILCS 195/0.01)  (from Ch. 16, par. 80)
9    Sec. 0.01. Short title. This Act may be cited as the
10Quasi-criminal and Misdemeanor Pretrial Release Bail Act.
11(Source: P.A. 86-1324; 101-652.)
 
12    (725 ILCS 195/1)  (from Ch. 16, par. 81)
13    Sec. 1. Whenever in any circuit there shall be in force a
14rule or order of the Supreme Court establishing a uniform form
15schedule prescribing the conditions of pretrial release
16amounts of bail for specified conservation cases, traffic
17cases, quasi-criminal offenses and misdemeanors, any general
18superintendent, chief, captain, lieutenant, or sergeant of
19police, or other police officer, the sheriff, the circuit
20clerk, and any deputy sheriff or deputy circuit clerk
21designated by the Circuit Court for the purpose, are
22authorized to let to pretrial release bail any person charged
23with a quasi-criminal offense or misdemeanor and to accept and

 

 

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1receipt for bonds or cash bail in accordance with regulations
2established by rule or order of the Supreme Court. Unless
3otherwise provided by Supreme Court Rule, no such bail may be
4posted or accepted in any place other than a police station,
5sheriff's office or jail, or other county, municipal or other
6building housing governmental units, or a division
7headquarters building of the Illinois State Police. Bonds and
8cash so received shall be delivered to the office of the
9circuit clerk or that of his designated deputy as provided by
10regulation. Such cash and securities so received shall be
11delivered to the office of such clerk or deputy clerk within at
12least 48 hours of receipt or within the time set for the
13accused's appearance in court whichever is earliest.
14    In all cases where a person is admitted to bail under a
15uniform schedule prescribing the amount of bail for specified
16conservation cases, traffic cases, quasi-criminal offenses and
17misdemeanors the provisions of Section 110-15 of the "Code of
18Criminal Procedure of 1963", approved August 14, 1963, as
19amended by the 75th General Assembly shall be applicable.
20(Source: P.A. 80-897; 101-652.)
 
21    (725 ILCS 195/2)  (from Ch. 16, par. 82)
22    Sec. 2. The conditions of the pretrial release bail bond
23or deposit of cash bail shall be that the accused will appear
24to answer the charge in court at a time and place specified in
25the pretrial release form bond and thereafter as ordered by

 

 

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1the court until discharged on final order of the court and to
2submit himself to the orders and process of the court. The
3accused shall be furnished with an official receipt on a form
4prescribed by rule of court for any cash or other security
5deposited, and shall receive a copy of the pretrial release
6form bond specifying the time and place of his court
7appearance.
8    Upon performance of the conditions of the pretrial release
9bond, the pretrial release form bond shall be null and void and
10the accused shall be released from the conditions of pretrial
11release any cash bail or other security shall be returned to
12the accused.
13(Source: Laws 1963, p. 2652; P.A. 101-652.)
 
14    (725 ILCS 195/3)  (from Ch. 16, par. 83)
15    Sec. 3. In lieu of complying with the conditions of
16pretrial release making bond or depositing cash bail as
17provided in this Act or the deposit of other security
18authorized by law, any accused person has the right to be
19brought without unnecessary delay before the nearest or most
20accessible judge of the circuit to be dealt with according to
21law.
22(Source: P.A. 77-1248; 101-652.)
 
23    (725 ILCS 195/5)  (from Ch. 16, par. 85)
24    Sec. 5. Any person authorized to accept pretrial release

 

 

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1bail or pleas of guilty by this Act who violates any provision
2of this Act is guilty of a Class B misdemeanor.
3(Source: P.A. 77-2319; 101-652.)
 
4    Section 1-255. The Unified Code of Corrections is amended
5by changing Sections 5-3-2, 5-5-3.2, 5-6-4, 5-6-4.1, 5-8A-7,
6and 8-2-1 as follows:
 
7    (730 ILCS 5/5-3-2)  (from Ch. 38, par. 1005-3-2)
8    Sec. 5-3-2. Presentence report.
9    (a) In felony cases, the presentence report shall set
10forth:
11        (1) the defendant's history of delinquency or
12    criminality, physical and mental history and condition,
13    family situation and background, economic status,
14    education, occupation and personal habits;
15        (2) information about special resources within the
16    community which might be available to assist the
17    defendant's rehabilitation, including treatment centers,
18    residential facilities, vocational training services,
19    correctional manpower programs, employment opportunities,
20    special educational programs, alcohol and drug abuse
21    programming, psychiatric and marriage counseling, and
22    other programs and facilities which could aid the
23    defendant's successful reintegration into society;
24        (3) the effect the offense committed has had upon the

 

 

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1    victim or victims thereof, and any compensatory benefit
2    that various sentencing alternatives would confer on such
3    victim or victims;
4        (3.5) information provided by the victim's spouse,
5    guardian, parent, grandparent, and other immediate family
6    and household members about the effect the offense
7    committed has had on the victim and on the person
8    providing the information; if the victim's spouse,
9    guardian, parent, grandparent, or other immediate family
10    or household member has provided a written statement, the
11    statement shall be attached to the report;
12        (4) information concerning the defendant's status
13    since arrest, including his record if released on his own
14    recognizance, or the defendant's achievement record if
15    released on a conditional pre-trial supervision program;
16        (5) when appropriate, a plan, based upon the personal,
17    economic and social adjustment needs of the defendant,
18    utilizing public and private community resources as an
19    alternative to institutional sentencing;
20        (6) any other matters that the investigatory officer
21    deems relevant or the court directs to be included;
22        (7) information concerning the defendant's eligibility
23    for a sentence to a county impact incarceration program
24    under Section 5-8-1.2 of this Code; and
25        (8) information concerning the defendant's eligibility
26    for a sentence to an impact incarceration program

 

 

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1    administered by the Department under Section 5-8-1.1.
2    (b) The investigation shall include a physical and mental
3examination of the defendant when so ordered by the court. If
4the court determines that such an examination should be made,
5it shall issue an order that the defendant submit to
6examination at such time and place as designated by the court
7and that such examination be conducted by a physician,
8psychologist or psychiatrist designated by the court. Such an
9examination may be conducted in a court clinic if so ordered by
10the court. The cost of such examination shall be paid by the
11county in which the trial is held.
12    (b-5) In cases involving felony sex offenses in which the
13offender is being considered for probation only or any felony
14offense that is sexually motivated as defined in the Sex
15Offender Management Board Act in which the offender is being
16considered for probation only, the investigation shall include
17a sex offender evaluation by an evaluator approved by the
18Board and conducted in conformance with the standards
19developed under the Sex Offender Management Board Act. In
20cases in which the offender is being considered for any
21mandatory prison sentence, the investigation shall not include
22a sex offender evaluation.
23    (c) In misdemeanor, business offense or petty offense
24cases, except as specified in subsection (d) of this Section,
25when a presentence report has been ordered by the court, such
26presentence report shall contain information on the

 

 

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1defendant's history of delinquency or criminality and shall
2further contain only those matters listed in any of paragraphs
3(1) through (6) of subsection (a) or in subsection (b) of this
4Section as are specified by the court in its order for the
5report.
6    (d) In cases under Sections 11-1.50, 12-15, and 12-3.4 or
712-30 of the Criminal Code of 1961 or the Criminal Code of
82012, the presentence report shall set forth information about
9alcohol, drug abuse, psychiatric, and marriage counseling or
10other treatment programs and facilities, information on the
11defendant's history of delinquency or criminality, and shall
12contain those additional matters listed in any of paragraphs
13(1) through (6) of subsection (a) or in subsection (b) of this
14Section as are specified by the court.
15    (e) Nothing in this Section shall cause the defendant to
16be held without pretrial release bail or to have his pretrial
17release bail revoked for the purpose of preparing the
18presentence report or making an examination.
19(Source: P.A. 101-105, eff. 1-1-20; 101-652, eff. 1-1-23;
20102-558, eff. 8-20-21.)
 
21    (730 ILCS 5/5-5-3.2)
22    (Text of Section before amendment by P.A. 102-982)
23    Sec. 5-5-3.2. Factors in aggravation and extended-term
24sentencing.
25    (a) The following factors shall be accorded weight in

 

 

HB2337- 547 -LRB103 05867 HEP 50888 b

1favor of imposing a term of imprisonment or may be considered
2by the court as reasons to impose a more severe sentence under
3Section 5-8-1 or Article 4.5 of Chapter V:
4        (1) the defendant's conduct caused or threatened
5    serious harm;
6        (2) the defendant received compensation for committing
7    the offense;
8        (3) the defendant has a history of prior delinquency
9    or criminal activity;
10        (4) the defendant, by the duties of his office or by
11    his position, was obliged to prevent the particular
12    offense committed or to bring the offenders committing it
13    to justice;
14        (5) the defendant held public office at the time of
15    the offense, and the offense related to the conduct of
16    that office;
17        (6) the defendant utilized his professional reputation
18    or position in the community to commit the offense, or to
19    afford him an easier means of committing it;
20        (7) the sentence is necessary to deter others from
21    committing the same crime;
22        (8) the defendant committed the offense against a
23    person 60 years of age or older or such person's property;
24        (9) the defendant committed the offense against a
25    person who has a physical disability or such person's
26    property;

 

 

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1        (10) by reason of another individual's actual or
2    perceived race, color, creed, religion, ancestry, gender,
3    sexual orientation, physical or mental disability, or
4    national origin, the defendant committed the offense
5    against (i) the person or property of that individual;
6    (ii) the person or property of a person who has an
7    association with, is married to, or has a friendship with
8    the other individual; or (iii) the person or property of a
9    relative (by blood or marriage) of a person described in
10    clause (i) or (ii). For the purposes of this Section,
11    "sexual orientation" has the meaning ascribed to it in
12    paragraph (O-1) of Section 1-103 of the Illinois Human
13    Rights Act;
14        (11) the offense took place in a place of worship or on
15    the grounds of a place of worship, immediately prior to,
16    during or immediately following worship services. For
17    purposes of this subparagraph, "place of worship" shall
18    mean any church, synagogue or other building, structure or
19    place used primarily for religious worship;
20        (12) the defendant was convicted of a felony committed
21    while he was on pretrial release released on bail or his
22    own recognizance pending trial for a prior felony and was
23    convicted of such prior felony, or the defendant was
24    convicted of a felony committed while he was serving a
25    period of probation, conditional discharge, or mandatory
26    supervised release under subsection (d) of Section 5-8-1

 

 

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1    for a prior felony;
2        (13) the defendant committed or attempted to commit a
3    felony while he was wearing a bulletproof vest. For the
4    purposes of this paragraph (13), a bulletproof vest is any
5    device which is designed for the purpose of protecting the
6    wearer from bullets, shot or other lethal projectiles;
7        (14) the defendant held a position of trust or
8    supervision such as, but not limited to, family member as
9    defined in Section 11-0.1 of the Criminal Code of 2012,
10    teacher, scout leader, baby sitter, or day care worker, in
11    relation to a victim under 18 years of age, and the
12    defendant committed an offense in violation of Section
13    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
14    11-14.4 except for an offense that involves keeping a
15    place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
16    11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
17    or 12-16 of the Criminal Code of 1961 or the Criminal Code
18    of 2012 against that victim;
19        (15) the defendant committed an offense related to the
20    activities of an organized gang. For the purposes of this
21    factor, "organized gang" has the meaning ascribed to it in
22    Section 10 of the Streetgang Terrorism Omnibus Prevention
23    Act;
24        (16) the defendant committed an offense in violation
25    of one of the following Sections while in a school,
26    regardless of the time of day or time of year; on any

 

 

HB2337- 550 -LRB103 05867 HEP 50888 b

1    conveyance owned, leased, or contracted by a school to
2    transport students to or from school or a school related
3    activity; on the real property of a school; or on a public
4    way within 1,000 feet of the real property comprising any
5    school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,
6    11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,
7    11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,
8    12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,
9    12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except
10    for subdivision (a)(4) or (g)(1), of the Criminal Code of
11    1961 or the Criminal Code of 2012;
12        (16.5) the defendant committed an offense in violation
13    of one of the following Sections while in a day care
14    center, regardless of the time of day or time of year; on
15    the real property of a day care center, regardless of the
16    time of day or time of year; or on a public way within
17    1,000 feet of the real property comprising any day care
18    center, regardless of the time of day or time of year:
19    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
20    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
21    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
22    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
23    18-2, or 33A-2, or Section 12-3.05 except for subdivision
24    (a)(4) or (g)(1), of the Criminal Code of 1961 or the
25    Criminal Code of 2012;
26        (17) the defendant committed the offense by reason of

 

 

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1    any person's activity as a community policing volunteer or
2    to prevent any person from engaging in activity as a
3    community policing volunteer. For the purpose of this
4    Section, "community policing volunteer" has the meaning
5    ascribed to it in Section 2-3.5 of the Criminal Code of
6    2012;
7        (18) the defendant committed the offense in a nursing
8    home or on the real property comprising a nursing home.
9    For the purposes of this paragraph (18), "nursing home"
10    means a skilled nursing or intermediate long term care
11    facility that is subject to license by the Illinois
12    Department of Public Health under the Nursing Home Care
13    Act, the Specialized Mental Health Rehabilitation Act of
14    2013, the ID/DD Community Care Act, or the MC/DD Act;
15        (19) the defendant was a federally licensed firearm
16    dealer and was previously convicted of a violation of
17    subsection (a) of Section 3 of the Firearm Owners
18    Identification Card Act and has now committed either a
19    felony violation of the Firearm Owners Identification Card
20    Act or an act of armed violence while armed with a firearm;
21        (20) the defendant (i) committed the offense of
22    reckless homicide under Section 9-3 of the Criminal Code
23    of 1961 or the Criminal Code of 2012 or the offense of
24    driving under the influence of alcohol, other drug or
25    drugs, intoxicating compound or compounds or any
26    combination thereof under Section 11-501 of the Illinois

 

 

HB2337- 552 -LRB103 05867 HEP 50888 b

1    Vehicle Code or a similar provision of a local ordinance
2    and (ii) was operating a motor vehicle in excess of 20
3    miles per hour over the posted speed limit as provided in
4    Article VI of Chapter 11 of the Illinois Vehicle Code;
5        (21) the defendant (i) committed the offense of
6    reckless driving or aggravated reckless driving under
7    Section 11-503 of the Illinois Vehicle Code and (ii) was
8    operating a motor vehicle in excess of 20 miles per hour
9    over the posted speed limit as provided in Article VI of
10    Chapter 11 of the Illinois Vehicle Code;
11        (22) the defendant committed the offense against a
12    person that the defendant knew, or reasonably should have
13    known, was a member of the Armed Forces of the United
14    States serving on active duty. For purposes of this clause
15    (22), the term "Armed Forces" means any of the Armed
16    Forces of the United States, including a member of any
17    reserve component thereof or National Guard unit called to
18    active duty;
19        (23) the defendant committed the offense against a
20    person who was elderly or infirm or who was a person with a
21    disability by taking advantage of a family or fiduciary
22    relationship with the elderly or infirm person or person
23    with a disability;
24        (24) the defendant committed any offense under Section
25    11-20.1 of the Criminal Code of 1961 or the Criminal Code
26    of 2012 and possessed 100 or more images;

 

 

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1        (25) the defendant committed the offense while the
2    defendant or the victim was in a train, bus, or other
3    vehicle used for public transportation;
4        (26) the defendant committed the offense of child
5    pornography or aggravated child pornography, specifically
6    including paragraph (1), (2), (3), (4), (5), or (7) of
7    subsection (a) of Section 11-20.1 of the Criminal Code of
8    1961 or the Criminal Code of 2012 where a child engaged in,
9    solicited for, depicted in, or posed in any act of sexual
10    penetration or bound, fettered, or subject to sadistic,
11    masochistic, or sadomasochistic abuse in a sexual context
12    and specifically including paragraph (1), (2), (3), (4),
13    (5), or (7) of subsection (a) of Section 11-20.1B or
14    Section 11-20.3 of the Criminal Code of 1961 where a child
15    engaged in, solicited for, depicted in, or posed in any
16    act of sexual penetration or bound, fettered, or subject
17    to sadistic, masochistic, or sadomasochistic abuse in a
18    sexual context;
19        (27) the defendant committed the offense of first
20    degree murder, assault, aggravated assault, battery,
21    aggravated battery, robbery, armed robbery, or aggravated
22    robbery against a person who was a veteran and the
23    defendant knew, or reasonably should have known, that the
24    person was a veteran performing duties as a representative
25    of a veterans' organization. For the purposes of this
26    paragraph (27), "veteran" means an Illinois resident who

 

 

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1    has served as a member of the United States Armed Forces, a
2    member of the Illinois National Guard, or a member of the
3    United States Reserve Forces; and "veterans' organization"
4    means an organization comprised of members of which
5    substantially all are individuals who are veterans or
6    spouses, widows, or widowers of veterans, the primary
7    purpose of which is to promote the welfare of its members
8    and to provide assistance to the general public in such a
9    way as to confer a public benefit;
10        (28) the defendant committed the offense of assault,
11    aggravated assault, battery, aggravated battery, robbery,
12    armed robbery, or aggravated robbery against a person that
13    the defendant knew or reasonably should have known was a
14    letter carrier or postal worker while that person was
15    performing his or her duties delivering mail for the
16    United States Postal Service;
17        (29) the defendant committed the offense of criminal
18    sexual assault, aggravated criminal sexual assault,
19    criminal sexual abuse, or aggravated criminal sexual abuse
20    against a victim with an intellectual disability, and the
21    defendant holds a position of trust, authority, or
22    supervision in relation to the victim;
23        (30) the defendant committed the offense of promoting
24    juvenile prostitution, patronizing a prostitute, or
25    patronizing a minor engaged in prostitution and at the
26    time of the commission of the offense knew that the

 

 

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1    prostitute or minor engaged in prostitution was in the
2    custody or guardianship of the Department of Children and
3    Family Services;
4        (31) the defendant (i) committed the offense of
5    driving while under the influence of alcohol, other drug
6    or drugs, intoxicating compound or compounds or any
7    combination thereof in violation of Section 11-501 of the
8    Illinois Vehicle Code or a similar provision of a local
9    ordinance and (ii) the defendant during the commission of
10    the offense was driving his or her vehicle upon a roadway
11    designated for one-way traffic in the opposite direction
12    of the direction indicated by official traffic control
13    devices;
14        (32) the defendant committed the offense of reckless
15    homicide while committing a violation of Section 11-907 of
16    the Illinois Vehicle Code;
17        (33) the defendant was found guilty of an
18    administrative infraction related to an act or acts of
19    public indecency or sexual misconduct in the penal
20    institution. In this paragraph (33), "penal institution"
21    has the same meaning as in Section 2-14 of the Criminal
22    Code of 2012; or
23        (34) the defendant committed the offense of leaving
24    the scene of an accident in violation of subsection (b) of
25    Section 11-401 of the Illinois Vehicle Code and the
26    accident resulted in the death of a person and at the time

 

 

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1    of the offense, the defendant was: (i) driving under the
2    influence of alcohol, other drug or drugs, intoxicating
3    compound or compounds or any combination thereof as
4    defined by Section 11-501 of the Illinois Vehicle Code; or
5    (ii) operating the motor vehicle while using an electronic
6    communication device as defined in Section 12-610.2 of the
7    Illinois Vehicle Code.
8    For the purposes of this Section:
9    "School" is defined as a public or private elementary or
10secondary school, community college, college, or university.
11    "Day care center" means a public or private State
12certified and licensed day care center as defined in Section
132.09 of the Child Care Act of 1969 that displays a sign in
14plain view stating that the property is a day care center.
15    "Intellectual disability" means significantly subaverage
16intellectual functioning which exists concurrently with
17impairment in adaptive behavior.
18    "Public transportation" means the transportation or
19conveyance of persons by means available to the general
20public, and includes paratransit services.
21    "Traffic control devices" means all signs, signals,
22markings, and devices that conform to the Illinois Manual on
23Uniform Traffic Control Devices, placed or erected by
24authority of a public body or official having jurisdiction,
25for the purpose of regulating, warning, or guiding traffic.
26    (b) The following factors, related to all felonies, may be

 

 

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1considered by the court as reasons to impose an extended term
2sentence under Section 5-8-2 upon any offender:
3        (1) When a defendant is convicted of any felony, after
4    having been previously convicted in Illinois or any other
5    jurisdiction of the same or similar class felony or
6    greater class felony, when such conviction has occurred
7    within 10 years after the previous conviction, excluding
8    time spent in custody, and such charges are separately
9    brought and tried and arise out of different series of
10    acts; or
11        (2) When a defendant is convicted of any felony and
12    the court finds that the offense was accompanied by
13    exceptionally brutal or heinous behavior indicative of
14    wanton cruelty; or
15        (3) When a defendant is convicted of any felony
16    committed against:
17            (i) a person under 12 years of age at the time of
18        the offense or such person's property;
19            (ii) a person 60 years of age or older at the time
20        of the offense or such person's property; or
21            (iii) a person who had a physical disability at
22        the time of the offense or such person's property; or
23        (4) When a defendant is convicted of any felony and
24    the offense involved any of the following types of
25    specific misconduct committed as part of a ceremony, rite,
26    initiation, observance, performance, practice or activity

 

 

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1    of any actual or ostensible religious, fraternal, or
2    social group:
3            (i) the brutalizing or torturing of humans or
4        animals;
5            (ii) the theft of human corpses;
6            (iii) the kidnapping of humans;
7            (iv) the desecration of any cemetery, religious,
8        fraternal, business, governmental, educational, or
9        other building or property; or
10            (v) ritualized abuse of a child; or
11        (5) When a defendant is convicted of a felony other
12    than conspiracy and the court finds that the felony was
13    committed under an agreement with 2 or more other persons
14    to commit that offense and the defendant, with respect to
15    the other individuals, occupied a position of organizer,
16    supervisor, financier, or any other position of management
17    or leadership, and the court further finds that the felony
18    committed was related to or in furtherance of the criminal
19    activities of an organized gang or was motivated by the
20    defendant's leadership in an organized gang; or
21        (6) When a defendant is convicted of an offense
22    committed while using a firearm with a laser sight
23    attached to it. For purposes of this paragraph, "laser
24    sight" has the meaning ascribed to it in Section 26-7 of
25    the Criminal Code of 2012; or
26        (7) When a defendant who was at least 17 years of age

 

 

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1    at the time of the commission of the offense is convicted
2    of a felony and has been previously adjudicated a
3    delinquent minor under the Juvenile Court Act of 1987 for
4    an act that if committed by an adult would be a Class X or
5    Class 1 felony when the conviction has occurred within 10
6    years after the previous adjudication, excluding time
7    spent in custody; or
8        (8) When a defendant commits any felony and the
9    defendant used, possessed, exercised control over, or
10    otherwise directed an animal to assault a law enforcement
11    officer engaged in the execution of his or her official
12    duties or in furtherance of the criminal activities of an
13    organized gang in which the defendant is engaged; or
14        (9) When a defendant commits any felony and the
15    defendant knowingly video or audio records the offense
16    with the intent to disseminate the recording.
17    (c) The following factors may be considered by the court
18as reasons to impose an extended term sentence under Section
195-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed
20offenses:
21        (1) When a defendant is convicted of first degree
22    murder, after having been previously convicted in Illinois
23    of any offense listed under paragraph (c)(2) of Section
24    5-5-3 (730 ILCS 5/5-5-3), when that conviction has
25    occurred within 10 years after the previous conviction,
26    excluding time spent in custody, and the charges are

 

 

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1    separately brought and tried and arise out of different
2    series of acts.
3        (1.5) When a defendant is convicted of first degree
4    murder, after having been previously convicted of domestic
5    battery (720 ILCS 5/12-3.2) or aggravated domestic battery
6    (720 ILCS 5/12-3.3) committed on the same victim or after
7    having been previously convicted of violation of an order
8    of protection (720 ILCS 5/12-30) in which the same victim
9    was the protected person.
10        (2) When a defendant is convicted of voluntary
11    manslaughter, second degree murder, involuntary
12    manslaughter, or reckless homicide in which the defendant
13    has been convicted of causing the death of more than one
14    individual.
15        (3) When a defendant is convicted of aggravated
16    criminal sexual assault or criminal sexual assault, when
17    there is a finding that aggravated criminal sexual assault
18    or criminal sexual assault was also committed on the same
19    victim by one or more other individuals, and the defendant
20    voluntarily participated in the crime with the knowledge
21    of the participation of the others in the crime, and the
22    commission of the crime was part of a single course of
23    conduct during which there was no substantial change in
24    the nature of the criminal objective.
25        (4) If the victim was under 18 years of age at the time
26    of the commission of the offense, when a defendant is

 

 

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1    convicted of aggravated criminal sexual assault or
2    predatory criminal sexual assault of a child under
3    subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
4    of Section 12-14.1 of the Criminal Code of 1961 or the
5    Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
6        (5) When a defendant is convicted of a felony
7    violation of Section 24-1 of the Criminal Code of 1961 or
8    the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
9    finding that the defendant is a member of an organized
10    gang.
11        (6) When a defendant was convicted of unlawful use of
12    weapons under Section 24-1 of the Criminal Code of 1961 or
13    the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
14    a weapon that is not readily distinguishable as one of the
15    weapons enumerated in Section 24-1 of the Criminal Code of
16    1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
17        (7) When a defendant is convicted of an offense
18    involving the illegal manufacture of a controlled
19    substance under Section 401 of the Illinois Controlled
20    Substances Act (720 ILCS 570/401), the illegal manufacture
21    of methamphetamine under Section 25 of the Methamphetamine
22    Control and Community Protection Act (720 ILCS 646/25), or
23    the illegal possession of explosives and an emergency
24    response officer in the performance of his or her duties
25    is killed or injured at the scene of the offense while
26    responding to the emergency caused by the commission of

 

 

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1    the offense. In this paragraph, "emergency" means a
2    situation in which a person's life, health, or safety is
3    in jeopardy; and "emergency response officer" means a
4    peace officer, community policing volunteer, fireman,
5    emergency medical technician-ambulance, emergency medical
6    technician-intermediate, emergency medical
7    technician-paramedic, ambulance driver, other medical
8    assistance or first aid personnel, or hospital emergency
9    room personnel.
10        (8) When the defendant is convicted of attempted mob
11    action, solicitation to commit mob action, or conspiracy
12    to commit mob action under Section 8-1, 8-2, or 8-4 of the
13    Criminal Code of 2012, where the criminal object is a
14    violation of Section 25-1 of the Criminal Code of 2012,
15    and an electronic communication is used in the commission
16    of the offense. For the purposes of this paragraph (8),
17    "electronic communication" shall have the meaning provided
18    in Section 26.5-0.1 of the Criminal Code of 2012.
19    (d) For the purposes of this Section, "organized gang" has
20the meaning ascribed to it in Section 10 of the Illinois
21Streetgang Terrorism Omnibus Prevention Act.
22    (e) The court may impose an extended term sentence under
23Article 4.5 of Chapter V upon an offender who has been
24convicted of a felony violation of Section 11-1.20, 11-1.30,
2511-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
2612-16 of the Criminal Code of 1961 or the Criminal Code of 2012

 

 

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1when the victim of the offense is under 18 years of age at the
2time of the commission of the offense and, during the
3commission of the offense, the victim was under the influence
4of alcohol, regardless of whether or not the alcohol was
5supplied by the offender; and the offender, at the time of the
6commission of the offense, knew or should have known that the
7victim had consumed alcohol.
8(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20;
9101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff.
108-20-21.)
 
11    (Text of Section after amendment by P.A. 102-982)
12    Sec. 5-5-3.2. Factors in aggravation and extended-term
13sentencing.
14    (a) The following factors shall be accorded weight in
15favor of imposing a term of imprisonment or may be considered
16by the court as reasons to impose a more severe sentence under
17Section 5-8-1 or Article 4.5 of Chapter V:
18        (1) the defendant's conduct caused or threatened
19    serious harm;
20        (2) the defendant received compensation for committing
21    the offense;
22        (3) the defendant has a history of prior delinquency
23    or criminal activity;
24        (4) the defendant, by the duties of his office or by
25    his position, was obliged to prevent the particular

 

 

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1    offense committed or to bring the offenders committing it
2    to justice;
3        (5) the defendant held public office at the time of
4    the offense, and the offense related to the conduct of
5    that office;
6        (6) the defendant utilized his professional reputation
7    or position in the community to commit the offense, or to
8    afford him an easier means of committing it;
9        (7) the sentence is necessary to deter others from
10    committing the same crime;
11        (8) the defendant committed the offense against a
12    person 60 years of age or older or such person's property;
13        (9) the defendant committed the offense against a
14    person who has a physical disability or such person's
15    property;
16        (10) by reason of another individual's actual or
17    perceived race, color, creed, religion, ancestry, gender,
18    sexual orientation, physical or mental disability, or
19    national origin, the defendant committed the offense
20    against (i) the person or property of that individual;
21    (ii) the person or property of a person who has an
22    association with, is married to, or has a friendship with
23    the other individual; or (iii) the person or property of a
24    relative (by blood or marriage) of a person described in
25    clause (i) or (ii). For the purposes of this Section,
26    "sexual orientation" has the meaning ascribed to it in

 

 

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1    paragraph (O-1) of Section 1-103 of the Illinois Human
2    Rights Act;
3        (11) the offense took place in a place of worship or on
4    the grounds of a place of worship, immediately prior to,
5    during or immediately following worship services. For
6    purposes of this subparagraph, "place of worship" shall
7    mean any church, synagogue or other building, structure or
8    place used primarily for religious worship;
9        (12) the defendant was convicted of a felony committed
10    while he was on pretrial release released on bail or his
11    own recognizance pending trial for a prior felony and was
12    convicted of such prior felony, or the defendant was
13    convicted of a felony committed while he was serving a
14    period of probation, conditional discharge, or mandatory
15    supervised release under subsection (d) of Section 5-8-1
16    for a prior felony;
17        (13) the defendant committed or attempted to commit a
18    felony while he was wearing a bulletproof vest. For the
19    purposes of this paragraph (13), a bulletproof vest is any
20    device which is designed for the purpose of protecting the
21    wearer from bullets, shot or other lethal projectiles;
22        (14) the defendant held a position of trust or
23    supervision such as, but not limited to, family member as
24    defined in Section 11-0.1 of the Criminal Code of 2012,
25    teacher, scout leader, baby sitter, or day care worker, in
26    relation to a victim under 18 years of age, and the

 

 

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1    defendant committed an offense in violation of Section
2    11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-11,
3    11-14.4 except for an offense that involves keeping a
4    place of juvenile prostitution, 11-15.1, 11-19.1, 11-19.2,
5    11-20.1, 11-20.1B, 11-20.3, 12-13, 12-14, 12-14.1, 12-15
6    or 12-16 of the Criminal Code of 1961 or the Criminal Code
7    of 2012 against that victim;
8        (15) the defendant committed an offense related to the
9    activities of an organized gang. For the purposes of this
10    factor, "organized gang" has the meaning ascribed to it in
11    Section 10 of the Streetgang Terrorism Omnibus Prevention
12    Act;
13        (16) the defendant committed an offense in violation
14    of one of the following Sections while in a school,
15    regardless of the time of day or time of year; on any
16    conveyance owned, leased, or contracted by a school to
17    transport students to or from school or a school related
18    activity; on the real property of a school; or on a public
19    way within 1,000 feet of the real property comprising any
20    school: Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30,
21    11-1.40, 11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1,
22    11-18.1, 11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2,
23    12-4.3, 12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1,
24    12-15, 12-16, 18-2, or 33A-2, or Section 12-3.05 except
25    for subdivision (a)(4) or (g)(1), of the Criminal Code of
26    1961 or the Criminal Code of 2012;

 

 

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1        (16.5) the defendant committed an offense in violation
2    of one of the following Sections while in a day care
3    center, regardless of the time of day or time of year; on
4    the real property of a day care center, regardless of the
5    time of day or time of year; or on a public way within
6    1,000 feet of the real property comprising any day care
7    center, regardless of the time of day or time of year:
8    Section 10-1, 10-2, 10-5, 11-1.20, 11-1.30, 11-1.40,
9    11-1.50, 11-1.60, 11-14.4, 11-15.1, 11-17.1, 11-18.1,
10    11-19.1, 11-19.2, 12-2, 12-4, 12-4.1, 12-4.2, 12-4.3,
11    12-6, 12-6.1, 12-6.5, 12-13, 12-14, 12-14.1, 12-15, 12-16,
12    18-2, or 33A-2, or Section 12-3.05 except for subdivision
13    (a)(4) or (g)(1), of the Criminal Code of 1961 or the
14    Criminal Code of 2012;
15        (17) the defendant committed the offense by reason of
16    any person's activity as a community policing volunteer or
17    to prevent any person from engaging in activity as a
18    community policing volunteer. For the purpose of this
19    Section, "community policing volunteer" has the meaning
20    ascribed to it in Section 2-3.5 of the Criminal Code of
21    2012;
22        (18) the defendant committed the offense in a nursing
23    home or on the real property comprising a nursing home.
24    For the purposes of this paragraph (18), "nursing home"
25    means a skilled nursing or intermediate long term care
26    facility that is subject to license by the Illinois

 

 

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1    Department of Public Health under the Nursing Home Care
2    Act, the Specialized Mental Health Rehabilitation Act of
3    2013, the ID/DD Community Care Act, or the MC/DD Act;
4        (19) the defendant was a federally licensed firearm
5    dealer and was previously convicted of a violation of
6    subsection (a) of Section 3 of the Firearm Owners
7    Identification Card Act and has now committed either a
8    felony violation of the Firearm Owners Identification Card
9    Act or an act of armed violence while armed with a firearm;
10        (20) the defendant (i) committed the offense of
11    reckless homicide under Section 9-3 of the Criminal Code
12    of 1961 or the Criminal Code of 2012 or the offense of
13    driving under the influence of alcohol, other drug or
14    drugs, intoxicating compound or compounds or any
15    combination thereof under Section 11-501 of the Illinois
16    Vehicle Code or a similar provision of a local ordinance
17    and (ii) was operating a motor vehicle in excess of 20
18    miles per hour over the posted speed limit as provided in
19    Article VI of Chapter 11 of the Illinois Vehicle Code;
20        (21) the defendant (i) committed the offense of
21    reckless driving or aggravated reckless driving under
22    Section 11-503 of the Illinois Vehicle Code and (ii) was
23    operating a motor vehicle in excess of 20 miles per hour
24    over the posted speed limit as provided in Article VI of
25    Chapter 11 of the Illinois Vehicle Code;
26        (22) the defendant committed the offense against a

 

 

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1    person that the defendant knew, or reasonably should have
2    known, was a member of the Armed Forces of the United
3    States serving on active duty. For purposes of this clause
4    (22), the term "Armed Forces" means any of the Armed
5    Forces of the United States, including a member of any
6    reserve component thereof or National Guard unit called to
7    active duty;
8        (23) the defendant committed the offense against a
9    person who was elderly or infirm or who was a person with a
10    disability by taking advantage of a family or fiduciary
11    relationship with the elderly or infirm person or person
12    with a disability;
13        (24) the defendant committed any offense under Section
14    11-20.1 of the Criminal Code of 1961 or the Criminal Code
15    of 2012 and possessed 100 or more images;
16        (25) the defendant committed the offense while the
17    defendant or the victim was in a train, bus, or other
18    vehicle used for public transportation;
19        (26) the defendant committed the offense of child
20    pornography or aggravated child pornography, specifically
21    including paragraph (1), (2), (3), (4), (5), or (7) of
22    subsection (a) of Section 11-20.1 of the Criminal Code of
23    1961 or the Criminal Code of 2012 where a child engaged in,
24    solicited for, depicted in, or posed in any act of sexual
25    penetration or bound, fettered, or subject to sadistic,
26    masochistic, or sadomasochistic abuse in a sexual context

 

 

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1    and specifically including paragraph (1), (2), (3), (4),
2    (5), or (7) of subsection (a) of Section 11-20.1B or
3    Section 11-20.3 of the Criminal Code of 1961 where a child
4    engaged in, solicited for, depicted in, or posed in any
5    act of sexual penetration or bound, fettered, or subject
6    to sadistic, masochistic, or sadomasochistic abuse in a
7    sexual context;
8        (27) the defendant committed the offense of first
9    degree murder, assault, aggravated assault, battery,
10    aggravated battery, robbery, armed robbery, or aggravated
11    robbery against a person who was a veteran and the
12    defendant knew, or reasonably should have known, that the
13    person was a veteran performing duties as a representative
14    of a veterans' organization. For the purposes of this
15    paragraph (27), "veteran" means an Illinois resident who
16    has served as a member of the United States Armed Forces, a
17    member of the Illinois National Guard, or a member of the
18    United States Reserve Forces; and "veterans' organization"
19    means an organization comprised of members of which
20    substantially all are individuals who are veterans or
21    spouses, widows, or widowers of veterans, the primary
22    purpose of which is to promote the welfare of its members
23    and to provide assistance to the general public in such a
24    way as to confer a public benefit;
25        (28) the defendant committed the offense of assault,
26    aggravated assault, battery, aggravated battery, robbery,

 

 

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1    armed robbery, or aggravated robbery against a person that
2    the defendant knew or reasonably should have known was a
3    letter carrier or postal worker while that person was
4    performing his or her duties delivering mail for the
5    United States Postal Service;
6        (29) the defendant committed the offense of criminal
7    sexual assault, aggravated criminal sexual assault,
8    criminal sexual abuse, or aggravated criminal sexual abuse
9    against a victim with an intellectual disability, and the
10    defendant holds a position of trust, authority, or
11    supervision in relation to the victim;
12        (30) the defendant committed the offense of promoting
13    juvenile prostitution, patronizing a prostitute, or
14    patronizing a minor engaged in prostitution and at the
15    time of the commission of the offense knew that the
16    prostitute or minor engaged in prostitution was in the
17    custody or guardianship of the Department of Children and
18    Family Services;
19        (31) the defendant (i) committed the offense of
20    driving while under the influence of alcohol, other drug
21    or drugs, intoxicating compound or compounds or any
22    combination thereof in violation of Section 11-501 of the
23    Illinois Vehicle Code or a similar provision of a local
24    ordinance and (ii) the defendant during the commission of
25    the offense was driving his or her vehicle upon a roadway
26    designated for one-way traffic in the opposite direction

 

 

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1    of the direction indicated by official traffic control
2    devices;
3        (32) the defendant committed the offense of reckless
4    homicide while committing a violation of Section 11-907 of
5    the Illinois Vehicle Code;
6        (33) the defendant was found guilty of an
7    administrative infraction related to an act or acts of
8    public indecency or sexual misconduct in the penal
9    institution. In this paragraph (33), "penal institution"
10    has the same meaning as in Section 2-14 of the Criminal
11    Code of 2012; or
12        (34) the defendant committed the offense of leaving
13    the scene of a crash in violation of subsection (b) of
14    Section 11-401 of the Illinois Vehicle Code and the crash
15    resulted in the death of a person and at the time of the
16    offense, the defendant was: (i) driving under the
17    influence of alcohol, other drug or drugs, intoxicating
18    compound or compounds or any combination thereof as
19    defined by Section 11-501 of the Illinois Vehicle Code; or
20    (ii) operating the motor vehicle while using an electronic
21    communication device as defined in Section 12-610.2 of the
22    Illinois Vehicle Code.
23    For the purposes of this Section:
24    "School" is defined as a public or private elementary or
25secondary school, community college, college, or university.
26    "Day care center" means a public or private State

 

 

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1certified and licensed day care center as defined in Section
22.09 of the Child Care Act of 1969 that displays a sign in
3plain view stating that the property is a day care center.
4    "Intellectual disability" means significantly subaverage
5intellectual functioning which exists concurrently with
6impairment in adaptive behavior.
7    "Public transportation" means the transportation or
8conveyance of persons by means available to the general
9public, and includes paratransit services.
10    "Traffic control devices" means all signs, signals,
11markings, and devices that conform to the Illinois Manual on
12Uniform Traffic Control Devices, placed or erected by
13authority of a public body or official having jurisdiction,
14for the purpose of regulating, warning, or guiding traffic.
15    (b) The following factors, related to all felonies, may be
16considered by the court as reasons to impose an extended term
17sentence under Section 5-8-2 upon any offender:
18        (1) When a defendant is convicted of any felony, after
19    having been previously convicted in Illinois or any other
20    jurisdiction of the same or similar class felony or
21    greater class felony, when such conviction has occurred
22    within 10 years after the previous conviction, excluding
23    time spent in custody, and such charges are separately
24    brought and tried and arise out of different series of
25    acts; or
26        (2) When a defendant is convicted of any felony and

 

 

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1    the court finds that the offense was accompanied by
2    exceptionally brutal or heinous behavior indicative of
3    wanton cruelty; or
4        (3) When a defendant is convicted of any felony
5    committed against:
6            (i) a person under 12 years of age at the time of
7        the offense or such person's property;
8            (ii) a person 60 years of age or older at the time
9        of the offense or such person's property; or
10            (iii) a person who had a physical disability at
11        the time of the offense or such person's property; or
12        (4) When a defendant is convicted of any felony and
13    the offense involved any of the following types of
14    specific misconduct committed as part of a ceremony, rite,
15    initiation, observance, performance, practice or activity
16    of any actual or ostensible religious, fraternal, or
17    social group:
18            (i) the brutalizing or torturing of humans or
19        animals;
20            (ii) the theft of human corpses;
21            (iii) the kidnapping of humans;
22            (iv) the desecration of any cemetery, religious,
23        fraternal, business, governmental, educational, or
24        other building or property; or
25            (v) ritualized abuse of a child; or
26        (5) When a defendant is convicted of a felony other

 

 

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1    than conspiracy and the court finds that the felony was
2    committed under an agreement with 2 or more other persons
3    to commit that offense and the defendant, with respect to
4    the other individuals, occupied a position of organizer,
5    supervisor, financier, or any other position of management
6    or leadership, and the court further finds that the felony
7    committed was related to or in furtherance of the criminal
8    activities of an organized gang or was motivated by the
9    defendant's leadership in an organized gang; or
10        (6) When a defendant is convicted of an offense
11    committed while using a firearm with a laser sight
12    attached to it. For purposes of this paragraph, "laser
13    sight" has the meaning ascribed to it in Section 26-7 of
14    the Criminal Code of 2012; or
15        (7) When a defendant who was at least 17 years of age
16    at the time of the commission of the offense is convicted
17    of a felony and has been previously adjudicated a
18    delinquent minor under the Juvenile Court Act of 1987 for
19    an act that if committed by an adult would be a Class X or
20    Class 1 felony when the conviction has occurred within 10
21    years after the previous adjudication, excluding time
22    spent in custody; or
23        (8) When a defendant commits any felony and the
24    defendant used, possessed, exercised control over, or
25    otherwise directed an animal to assault a law enforcement
26    officer engaged in the execution of his or her official

 

 

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1    duties or in furtherance of the criminal activities of an
2    organized gang in which the defendant is engaged; or
3        (9) When a defendant commits any felony and the
4    defendant knowingly video or audio records the offense
5    with the intent to disseminate the recording.
6    (c) The following factors may be considered by the court
7as reasons to impose an extended term sentence under Section
85-8-2 (730 ILCS 5/5-8-2) upon any offender for the listed
9offenses:
10        (1) When a defendant is convicted of first degree
11    murder, after having been previously convicted in Illinois
12    of any offense listed under paragraph (c)(2) of Section
13    5-5-3 (730 ILCS 5/5-5-3), when that conviction has
14    occurred within 10 years after the previous conviction,
15    excluding time spent in custody, and the charges are
16    separately brought and tried and arise out of different
17    series of acts.
18        (1.5) When a defendant is convicted of first degree
19    murder, after having been previously convicted of domestic
20    battery (720 ILCS 5/12-3.2) or aggravated domestic battery
21    (720 ILCS 5/12-3.3) committed on the same victim or after
22    having been previously convicted of violation of an order
23    of protection (720 ILCS 5/12-30) in which the same victim
24    was the protected person.
25        (2) When a defendant is convicted of voluntary
26    manslaughter, second degree murder, involuntary

 

 

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1    manslaughter, or reckless homicide in which the defendant
2    has been convicted of causing the death of more than one
3    individual.
4        (3) When a defendant is convicted of aggravated
5    criminal sexual assault or criminal sexual assault, when
6    there is a finding that aggravated criminal sexual assault
7    or criminal sexual assault was also committed on the same
8    victim by one or more other individuals, and the defendant
9    voluntarily participated in the crime with the knowledge
10    of the participation of the others in the crime, and the
11    commission of the crime was part of a single course of
12    conduct during which there was no substantial change in
13    the nature of the criminal objective.
14        (4) If the victim was under 18 years of age at the time
15    of the commission of the offense, when a defendant is
16    convicted of aggravated criminal sexual assault or
17    predatory criminal sexual assault of a child under
18    subsection (a)(1) of Section 11-1.40 or subsection (a)(1)
19    of Section 12-14.1 of the Criminal Code of 1961 or the
20    Criminal Code of 2012 (720 ILCS 5/11-1.40 or 5/12-14.1).
21        (5) When a defendant is convicted of a felony
22    violation of Section 24-1 of the Criminal Code of 1961 or
23    the Criminal Code of 2012 (720 ILCS 5/24-1) and there is a
24    finding that the defendant is a member of an organized
25    gang.
26        (6) When a defendant was convicted of unlawful use of

 

 

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1    weapons under Section 24-1 of the Criminal Code of 1961 or
2    the Criminal Code of 2012 (720 ILCS 5/24-1) for possessing
3    a weapon that is not readily distinguishable as one of the
4    weapons enumerated in Section 24-1 of the Criminal Code of
5    1961 or the Criminal Code of 2012 (720 ILCS 5/24-1).
6        (7) When a defendant is convicted of an offense
7    involving the illegal manufacture of a controlled
8    substance under Section 401 of the Illinois Controlled
9    Substances Act (720 ILCS 570/401), the illegal manufacture
10    of methamphetamine under Section 25 of the Methamphetamine
11    Control and Community Protection Act (720 ILCS 646/25), or
12    the illegal possession of explosives and an emergency
13    response officer in the performance of his or her duties
14    is killed or injured at the scene of the offense while
15    responding to the emergency caused by the commission of
16    the offense. In this paragraph, "emergency" means a
17    situation in which a person's life, health, or safety is
18    in jeopardy; and "emergency response officer" means a
19    peace officer, community policing volunteer, fireman,
20    emergency medical technician-ambulance, emergency medical
21    technician-intermediate, emergency medical
22    technician-paramedic, ambulance driver, other medical
23    assistance or first aid personnel, or hospital emergency
24    room personnel.
25        (8) When the defendant is convicted of attempted mob
26    action, solicitation to commit mob action, or conspiracy

 

 

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1    to commit mob action under Section 8-1, 8-2, or 8-4 of the
2    Criminal Code of 2012, where the criminal object is a
3    violation of Section 25-1 of the Criminal Code of 2012,
4    and an electronic communication is used in the commission
5    of the offense. For the purposes of this paragraph (8),
6    "electronic communication" shall have the meaning provided
7    in Section 26.5-0.1 of the Criminal Code of 2012.
8    (d) For the purposes of this Section, "organized gang" has
9the meaning ascribed to it in Section 10 of the Illinois
10Streetgang Terrorism Omnibus Prevention Act.
11    (e) The court may impose an extended term sentence under
12Article 4.5 of Chapter V upon an offender who has been
13convicted of a felony violation of Section 11-1.20, 11-1.30,
1411-1.40, 11-1.50, 11-1.60, 12-13, 12-14, 12-14.1, 12-15, or
1512-16 of the Criminal Code of 1961 or the Criminal Code of 2012
16when the victim of the offense is under 18 years of age at the
17time of the commission of the offense and, during the
18commission of the offense, the victim was under the influence
19of alcohol, regardless of whether or not the alcohol was
20supplied by the offender; and the offender, at the time of the
21commission of the offense, knew or should have known that the
22victim had consumed alcohol.
23(Source: P.A. 101-173, eff. 1-1-20; 101-401, eff. 1-1-20;
24101-417, eff. 1-1-20; 101-652, eff. 1-1-23; 102-558, eff.
258-20-21; 102-982, eff. 7-1-23.)
 

 

 

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1    (730 ILCS 5/5-6-4)  (from Ch. 38, par. 1005-6-4)
2    Sec. 5-6-4. Violation, Modification or Revocation of
3Probation, of Conditional Discharge or Supervision or of a
4sentence of county impact incarceration - Hearing.
5    (a) Except in cases where conditional discharge or
6supervision was imposed for a petty offense as defined in
7Section 5-1-17, when a petition is filed charging a violation
8of a condition, the court may:
9        (1) in the case of probation violations, order the
10    issuance of a notice to the offender to be present by the
11    County Probation Department or such other agency
12    designated by the court to handle probation matters; and
13    in the case of conditional discharge or supervision
14    violations, such notice to the offender shall be issued by
15    the Circuit Court Clerk; and in the case of a violation of
16    a sentence of county impact incarceration, such notice
17    shall be issued by the Sheriff;
18        (2) order a summons to the offender to be present for
19    hearing; or
20        (3) order a warrant for the offender's arrest where
21    there is danger of his fleeing the jurisdiction or causing
22    serious harm to others or when the offender fails to
23    answer a summons or notice from the clerk of the court or
24    Sheriff.
25    Personal service of the petition for violation of
26probation or the issuance of such warrant, summons or notice

 

 

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1shall toll the period of probation, conditional discharge,
2supervision, or sentence of county impact incarceration until
3the final determination of the charge, and the term of
4probation, conditional discharge, supervision, or sentence of
5county impact incarceration shall not run until the hearing
6and disposition of the petition for violation.
7    (b) The court shall conduct a hearing of the alleged
8violation. The court shall admit the offender to pretrial
9release bail pending the hearing unless the alleged violation
10is itself a criminal offense in which case the offender shall
11be admitted to pretrial release bail on such terms as are
12provided in the Code of Criminal Procedure of 1963, as
13amended. In any case where an offender remains incarcerated
14only as a result of his alleged violation of the court's
15earlier order of probation, supervision, conditional
16discharge, or county impact incarceration such hearing shall
17be held within 14 days of the onset of said incarceration,
18unless the alleged violation is the commission of another
19offense by the offender during the period of probation,
20supervision or conditional discharge in which case such
21hearing shall be held within the time limits described in
22Section 103-5 of the Code of Criminal Procedure of 1963, as
23amended.
24    (c) The State has the burden of going forward with the
25evidence and proving the violation by the preponderance of the
26evidence. The evidence shall be presented in open court with

 

 

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1the right of confrontation, cross-examination, and
2representation by counsel.
3    (d) Probation, conditional discharge, periodic
4imprisonment and supervision shall not be revoked for failure
5to comply with conditions of a sentence or supervision, which
6imposes financial obligations upon the offender unless such
7failure is due to his willful refusal to pay.
8    (e) If the court finds that the offender has violated a
9condition at any time prior to the expiration or termination
10of the period, it may continue him on the existing sentence,
11with or without modifying or enlarging the conditions, or may
12impose any other sentence that was available under Article 4.5
13of Chapter V of this Code or Section 11-501 of the Illinois
14Vehicle Code at the time of initial sentencing. If the court
15finds that the person has failed to successfully complete his
16or her sentence to a county impact incarceration program, the
17court may impose any other sentence that was available under
18Article 4.5 of Chapter V of this Code or Section 11-501 of the
19Illinois Vehicle Code at the time of initial sentencing,
20except for a sentence of probation or conditional discharge.
21If the court finds that the offender has violated paragraph
22(8.6) of subsection (a) of Section 5-6-3, the court shall
23revoke the probation of the offender. If the court finds that
24the offender has violated subsection (o) of Section 5-6-3.1,
25the court shall revoke the supervision of the offender.
26    (f) The conditions of probation, of conditional discharge,

 

 

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1of supervision, or of a sentence of county impact
2incarceration may be modified by the court on motion of the
3supervising agency or on its own motion or at the request of
4the offender after notice and a hearing.
5    (g) A judgment revoking supervision, probation,
6conditional discharge, or a sentence of county impact
7incarceration is a final appealable order.
8    (h) Resentencing after revocation of probation,
9conditional discharge, supervision, or a sentence of county
10impact incarceration shall be under Article 4. The term on
11probation, conditional discharge or supervision shall not be
12credited by the court against a sentence of imprisonment or
13periodic imprisonment unless the court orders otherwise. The
14amount of credit to be applied against a sentence of
15imprisonment or periodic imprisonment when the defendant
16served a term or partial term of periodic imprisonment shall
17be calculated upon the basis of the actual days spent in
18confinement rather than the duration of the term.
19    (i) Instead of filing a violation of probation,
20conditional discharge, supervision, or a sentence of county
21impact incarceration, an agent or employee of the supervising
22agency with the concurrence of his or her supervisor may serve
23on the defendant a Notice of Intermediate Sanctions. The
24Notice shall contain the technical violation or violations
25involved, the date or dates of the violation or violations,
26and the intermediate sanctions to be imposed. Upon receipt of

 

 

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1the Notice, the defendant shall immediately accept or reject
2the intermediate sanctions. If the sanctions are accepted,
3they shall be imposed immediately. If the intermediate
4sanctions are rejected or the defendant does not respond to
5the Notice, a violation of probation, conditional discharge,
6supervision, or a sentence of county impact incarceration
7shall be immediately filed with the court. The State's
8Attorney and the sentencing court shall be notified of the
9Notice of Sanctions. Upon successful completion of the
10intermediate sanctions, a court may not revoke probation,
11conditional discharge, supervision, or a sentence of county
12impact incarceration or impose additional sanctions for the
13same violation. A notice of intermediate sanctions may not be
14issued for any violation of probation, conditional discharge,
15supervision, or a sentence of county impact incarceration
16which could warrant an additional, separate felony charge. The
17intermediate sanctions shall include a term of home detention
18as provided in Article 8A of Chapter V of this Code for
19multiple or repeat violations of the terms and conditions of a
20sentence of probation, conditional discharge, or supervision.
21    (j) When an offender is re-sentenced after revocation of
22probation that was imposed in combination with a sentence of
23imprisonment for the same offense, the aggregate of the
24sentences may not exceed the maximum term authorized under
25Article 4.5 of Chapter V.
26    (k)(1) On and after the effective date of this amendatory

 

 

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1Act of the 101st General Assembly, this subsection (k) shall
2apply to arrest warrants in Cook County only. An arrest
3warrant issued under paragraph (3) of subsection (a) when the
4underlying conviction is for the offense of theft, retail
5theft, or possession of a controlled substance shall remain
6active for a period not to exceed 10 years from the date the
7warrant was issued unless a motion to extend the warrant is
8filed by the office of the State's Attorney or by, or on behalf
9of, the agency supervising the wanted person. A motion to
10extend the warrant shall be filed within one year before the
11warrant expiration date and notice shall be provided to the
12office of the sheriff.
13    (2) If a motion to extend a warrant issued under paragraph
14(3) of subsection (a) is not filed, the warrant shall be
15quashed and recalled as a matter of law under paragraph (1) of
16this subsection (k) and the wanted person's period of
17probation, conditional discharge, or supervision shall
18terminate unsatisfactorily as a matter of law.
19(Source: P.A. 101-406, eff. 1-1-20; 101-652.)
 
20    (730 ILCS 5/5-6-4.1)  (from Ch. 38, par. 1005-6-4.1)
21    Sec. 5-6-4.1. Violation, Modification or Revocation of
22Conditional Discharge or Supervision - Hearing.)
23    (a) In cases where a defendant was placed upon supervision
24or conditional discharge for the commission of a petty
25offense, upon the oral or written motion of the State, or on

 

 

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1the court's own motion, which charges that a violation of a
2condition of that conditional discharge or supervision has
3occurred, the court may:
4        (1) Conduct a hearing instanter if the offender is
5    present in court;
6        (2) Order the issuance by the court clerk of a notice
7    to the offender to be present for a hearing for violation;
8        (3) Order summons to the offender to be present; or
9        (4) Order a warrant for the offender's arrest.
10    The oral motion, if the defendant is present, or the
11issuance of such warrant, summons or notice shall toll the
12period of conditional discharge or supervision until the final
13determination of the charge, and the term of conditional
14discharge or supervision shall not run until the hearing and
15disposition of the petition for violation.
16    (b) The Court shall admit the offender to pretrial release
17bail pending the hearing.
18    (c) The State has the burden of going forward with the
19evidence and proving the violation by the preponderance of the
20evidence. The evidence shall be presented in open court with
21the right of confrontation, cross-examination, and
22representation by counsel.
23    (d) Conditional discharge or supervision shall not be
24revoked for failure to comply with the conditions of the
25discharge or supervision which imposed financial obligations
26upon the offender unless such failure is due to his wilful

 

 

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1refusal to pay.
2    (e) If the court finds that the offender has violated a
3condition at any time prior to the expiration or termination
4of the period, it may continue him on the existing sentence or
5supervision with or without modifying or enlarging the
6conditions, or may impose any other sentence that was
7available under Article 4.5 of Chapter V of this Code or
8Section 11-501 of the Illinois Vehicle Code at the time of
9initial sentencing.
10    (f) The conditions of conditional discharge and of
11supervision may be modified by the court on motion of the
12probation officer or on its own motion or at the request of the
13offender after notice to the defendant and a hearing.
14    (g) A judgment revoking supervision is a final appealable
15order.
16    (h) Resentencing after revocation of conditional discharge
17or of supervision shall be under Article 4. Time served on
18conditional discharge or supervision shall be credited by the
19court against a sentence of imprisonment or periodic
20imprisonment unless the court orders otherwise.
21(Source: P.A. 95-1052, eff. 7-1-09; 101-652.)
 
22    (730 ILCS 5/5-8A-7)
23    Sec. 5-8A-7. Domestic violence surveillance program. If
24the Prisoner Review Board, Department of Corrections,
25Department of Juvenile Justice, or court (the supervising

 

 

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1authority) orders electronic surveillance as a condition of
2parole, aftercare release, mandatory supervised release, early
3release, probation, or conditional discharge for a violation
4of an order of protection or as a condition of pretrial release
5bail for a person charged with a violation of an order of
6protection, the supervising authority shall use the best
7available global positioning technology to track domestic
8violence offenders. Best available technology must have
9real-time and interactive capabilities that facilitate the
10following objectives: (1) immediate notification to the
11supervising authority of a breach of a court ordered exclusion
12zone; (2) notification of the breach to the offender; and (3)
13communication between the supervising authority, law
14enforcement, and the victim, regarding the breach. The
15supervising authority may also require that the electronic
16surveillance ordered under this Section monitor the
17consumption of alcohol or drugs.
18(Source: P.A. 99-628, eff. 1-1-17; 99-797, eff. 8-12-16;
19100-201, eff. 8-18-17; 101-652.)
 
20    (730 ILCS 5/8-2-1)  (from Ch. 38, par. 1008-2-1)
21    Sec. 8-2-1. Saving Clause.
22    The repeal of Acts or parts of Acts enumerated in Section
238-5-1 does not: (1) affect any offense committed, act done,
24prosecution pending, penalty, punishment or forfeiture
25incurred, or rights, powers or remedies accrued under any law

 

 

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1in effect immediately prior to the effective date of this
2Code; (2) impair, avoid, or affect any grant or conveyance
3made or right acquired or cause of action then existing under
4any such repealed Act or amendment thereto; (3) affect or
5impair the validity of any pretrial release bail or other bond
6or other obligation issued or sold and constituting a valid
7obligation of the issuing authority immediately prior to the
8effective date of this Code; (4) the validity of any contract;
9or (5) the validity of any tax levied under any law in effect
10prior to the effective date of this Code. The repeal of any
11validating Act or part thereof shall not avoid the effect of
12the validation. No Act repealed by Section 8-5-1 shall repeal
13any Act or part thereof which embraces the same or a similar
14subject matter as the Act repealed.
15(Source: P.A. 78-255; 101-652.)
 
16    Section 1-260. The Unified Code of Corrections is amended
17by changing Sections 3-6-3, 5-4-1, 5-4.5-95, 5-4.5-100, 5-8-1,
185-8-4, 5-8-6, 5-8A-2, 5-8A-4, and 5-8A-4.1 as follows:
 
19    (730 ILCS 5/3-6-3)  (from Ch. 38, par. 1003-6-3)
20    Sec. 3-6-3. Rules and regulations for sentence credit.
21    (a)(1) The Department of Corrections shall prescribe rules
22and regulations for awarding and revoking sentence credit for
23persons committed to the Department of Corrections and the
24Department of Juvenile Justice shall prescribe rules and

 

 

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1regulations for awarding and revoking sentence credit for
2persons committed to the Department of Juvenile Justice under
3Section 5-8-6 of the Unified Code of Corrections, which shall
4be subject to review by the Prisoner Review Board.
5    (1.5) As otherwise provided by law, sentence credit may be
6awarded for the following:
7        (A) successful completion of programming while in
8    custody of the Department of Corrections or the Department
9    of Juvenile Justice or while in custody prior to
10    sentencing;
11        (B) compliance with the rules and regulations of the
12    Department; or
13        (C) service to the institution, service to a
14    community, or service to the State.
15    (2) Except as provided in paragraph (4.7) of this
16subsection (a), the rules and regulations on sentence credit
17shall provide, with respect to offenses listed in clause (i),
18(ii), or (iii) of this paragraph (2) committed on or after June
1919, 1998 or with respect to the offense listed in clause (iv)
20of this paragraph (2) committed on or after June 23, 2005 (the
21effective date of Public Act 94-71) or with respect to offense
22listed in clause (vi) committed on or after June 1, 2008 (the
23effective date of Public Act 95-625) or with respect to the
24offense of being an armed habitual criminal committed on or
25after August 2, 2005 (the effective date of Public Act 94-398)
26or with respect to the offenses listed in clause (v) of this

 

 

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1paragraph (2) committed on or after August 13, 2007 (the
2effective date of Public Act 95-134) or with respect to the
3offense of aggravated domestic battery committed on or after
4July 23, 2010 (the effective date of Public Act 96-1224) or
5with respect to the offense of attempt to commit terrorism
6committed on or after January 1, 2013 (the effective date of
7Public Act 97-990), the following:
8        (i) that a prisoner who is serving a term of
9    imprisonment for first degree murder or for the offense of
10    terrorism shall receive no sentence credit and shall serve
11    the entire sentence imposed by the court;
12        (ii) that a prisoner serving a sentence for attempt to
13    commit terrorism, attempt to commit first degree murder,
14    solicitation of murder, solicitation of murder for hire,
15    intentional homicide of an unborn child, predatory
16    criminal sexual assault of a child, aggravated criminal
17    sexual assault, criminal sexual assault, aggravated
18    kidnapping, aggravated battery with a firearm as described
19    in Section 12-4.2 or subdivision (e)(1), (e)(2), (e)(3),
20    or (e)(4) of Section 12-3.05, heinous battery as described
21    in Section 12-4.1 or subdivision (a)(2) of Section
22    12-3.05, being an armed habitual criminal, aggravated
23    battery of a senior citizen as described in Section 12-4.6
24    or subdivision (a)(4) of Section 12-3.05, or aggravated
25    battery of a child as described in Section 12-4.3 or
26    subdivision (b)(1) of Section 12-3.05 shall receive no

 

 

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1    more than 4.5 days of sentence credit for each month of his
2    or her sentence of imprisonment;
3        (iii) that a prisoner serving a sentence for home
4    invasion, armed robbery, aggravated vehicular hijacking,
5    aggravated discharge of a firearm, or armed violence with
6    a category I weapon or category II weapon, when the court
7    has made and entered a finding, pursuant to subsection
8    (c-1) of Section 5-4-1 of this Code, that the conduct
9    leading to conviction for the enumerated offense resulted
10    in great bodily harm to a victim, shall receive no more
11    than 4.5 days of sentence credit for each month of his or
12    her sentence of imprisonment;
13        (iv) that a prisoner serving a sentence for aggravated
14    discharge of a firearm, whether or not the conduct leading
15    to conviction for the offense resulted in great bodily
16    harm to the victim, shall receive no more than 4.5 days of
17    sentence credit for each month of his or her sentence of
18    imprisonment;
19        (v) that a person serving a sentence for gunrunning,
20    narcotics racketeering, controlled substance trafficking,
21    methamphetamine trafficking, drug-induced homicide,
22    aggravated methamphetamine-related child endangerment,
23    money laundering pursuant to clause (c) (4) or (5) of
24    Section 29B-1 of the Criminal Code of 1961 or the Criminal
25    Code of 2012, or a Class X felony conviction for delivery
26    of a controlled substance, possession of a controlled

 

 

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1    substance with intent to manufacture or deliver,
2    calculated criminal drug conspiracy, criminal drug
3    conspiracy, street gang criminal drug conspiracy,
4    participation in methamphetamine manufacturing,
5    aggravated participation in methamphetamine
6    manufacturing, delivery of methamphetamine, possession
7    with intent to deliver methamphetamine, aggravated
8    delivery of methamphetamine, aggravated possession with
9    intent to deliver methamphetamine, methamphetamine
10    conspiracy when the substance containing the controlled
11    substance or methamphetamine is 100 grams or more shall
12    receive no more than 7.5 days sentence credit for each
13    month of his or her sentence of imprisonment;
14        (vi) that a prisoner serving a sentence for a second
15    or subsequent offense of luring a minor shall receive no
16    more than 4.5 days of sentence credit for each month of his
17    or her sentence of imprisonment; and
18        (vii) that a prisoner serving a sentence for
19    aggravated domestic battery shall receive no more than 4.5
20    days of sentence credit for each month of his or her
21    sentence of imprisonment.
22    (2.1) For all offenses, other than those enumerated in
23subdivision (a)(2)(i), (ii), or (iii) committed on or after
24June 19, 1998 or subdivision (a)(2)(iv) committed on or after
25June 23, 2005 (the effective date of Public Act 94-71) or
26subdivision (a)(2)(v) committed on or after August 13, 2007

 

 

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1(the effective date of Public Act 95-134) or subdivision
2(a)(2)(vi) committed on or after June 1, 2008 (the effective
3date of Public Act 95-625) or subdivision (a)(2)(vii)
4committed on or after July 23, 2010 (the effective date of
5Public Act 96-1224), and other than the offense of aggravated
6driving under the influence of alcohol, other drug or drugs,
7or intoxicating compound or compounds, or any combination
8thereof as defined in subparagraph (F) of paragraph (1) of
9subsection (d) of Section 11-501 of the Illinois Vehicle Code,
10and other than the offense of aggravated driving under the
11influence of alcohol, other drug or drugs, or intoxicating
12compound or compounds, or any combination thereof as defined
13in subparagraph (C) of paragraph (1) of subsection (d) of
14Section 11-501 of the Illinois Vehicle Code committed on or
15after January 1, 2011 (the effective date of Public Act
1696-1230), the rules and regulations shall provide that a
17prisoner who is serving a term of imprisonment shall receive
18one day of sentence credit for each day of his or her sentence
19of imprisonment or recommitment under Section 3-3-9. Each day
20of sentence credit shall reduce by one day the prisoner's
21period of imprisonment or recommitment under Section 3-3-9.
22    (2.2) A prisoner serving a term of natural life
23imprisonment or a prisoner who has been sentenced to death
24shall receive no sentence credit.
25    (2.3) Except as provided in paragraph (4.7) of this
26subsection (a), the rules and regulations on sentence credit

 

 

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1shall provide that a prisoner who is serving a sentence for
2aggravated driving under the influence of alcohol, other drug
3or drugs, or intoxicating compound or compounds, or any
4combination thereof as defined in subparagraph (F) of
5paragraph (1) of subsection (d) of Section 11-501 of the
6Illinois Vehicle Code, shall receive no more than 4.5 days of
7sentence credit for each month of his or her sentence of
8imprisonment.
9    (2.4) Except as provided in paragraph (4.7) of this
10subsection (a), the rules and regulations on sentence credit
11shall provide with respect to the offenses of aggravated
12battery with a machine gun or a firearm equipped with any
13device or attachment designed or used for silencing the report
14of a firearm or aggravated discharge of a machine gun or a
15firearm equipped with any device or attachment designed or
16used for silencing the report of a firearm, committed on or
17after July 15, 1999 (the effective date of Public Act 91-121),
18that a prisoner serving a sentence for any of these offenses
19shall receive no more than 4.5 days of sentence credit for each
20month of his or her sentence of imprisonment.
21    (2.5) Except as provided in paragraph (4.7) of this
22subsection (a), the rules and regulations on sentence credit
23shall provide that a prisoner who is serving a sentence for
24aggravated arson committed on or after July 27, 2001 (the
25effective date of Public Act 92-176) shall receive no more
26than 4.5 days of sentence credit for each month of his or her

 

 

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1sentence of imprisonment.
2    (2.6) Except as provided in paragraph (4.7) of this
3subsection (a), the rules and regulations on sentence credit
4shall provide that a prisoner who is serving a sentence for
5aggravated driving under the influence of alcohol, other drug
6or drugs, or intoxicating compound or compounds or any
7combination thereof as defined in subparagraph (C) of
8paragraph (1) of subsection (d) of Section 11-501 of the
9Illinois Vehicle Code committed on or after January 1, 2011
10(the effective date of Public Act 96-1230) shall receive no
11more than 4.5 days of sentence credit for each month of his or
12her sentence of imprisonment.
13    (3) In addition to the sentence credits earned under
14paragraphs (2.1), (4), (4.1), (4.2), and (4.7) of this
15subsection (a), the rules and regulations shall also provide
16that the Director of Corrections or the Director of Juvenile
17Justice may award up to 180 days of earned sentence credit for
18prisoners serving a sentence of incarceration of less than 5
19years, and up to 365 days of earned sentence credit for
20prisoners serving a sentence of 5 years or longer. The
21Director may grant this credit for good conduct in specific
22instances as the either Director deems proper for eligible
23persons in the custody of each Director's respective
24Department. The good conduct may include, but is not limited
25to, compliance with the rules and regulations of the
26Department, service to the Department, service to a community,

 

 

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1or service to the State.
2    Eligible inmates for an award of earned sentence credit
3under this paragraph (3) may be selected to receive the credit
4at the either Director's or his or her designee's sole
5discretion. Eligibility for the additional earned sentence
6credit under this paragraph (3) may shall be based on, but is
7not limited to, participation in programming offered by the
8Department as appropriate for the prisoner based on the
9results of any available risk/needs assessment or other
10relevant assessments or evaluations administered by the
11Department using a validated instrument, the circumstances of
12the crime, demonstrated commitment to rehabilitation by a any
13prisoner with a history of conviction for a forcible felony
14enumerated in Section 2-8 of the Criminal Code of 2012, the
15inmate's behavior and improvements in disciplinary history
16while incarcerated, and the inmate's commitment to
17rehabilitation, including participation in programming offered
18by the Department.
19    The Director of Corrections or the Director of Juvenile
20Justice shall not award sentence credit under this paragraph
21(3) to an inmate unless the inmate has served a minimum of 60
22days of the sentence; except nothing in this paragraph shall
23be construed to permit either Director to extend an inmate's
24sentence beyond that which was imposed by the court. Prior to
25awarding credit under this paragraph (3), each Director shall
26make a written determination that the inmate:

 

 

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1        (A) is eligible for the earned sentence credit;
2        (B) has served a minimum of 60 days, or as close to 60
3    days as the sentence will allow;
4        (B-1) has received a risk/needs assessment or other
5    relevant evaluation or assessment administered by the
6    Department using a validated instrument; and
7        (C) has met the eligibility criteria established by
8    rule for earned sentence credit.
9    The Director of Corrections or the Director of Juvenile
10Justice shall determine the form and content of the written
11determination required in this subsection.
12    (3.5) The Department shall provide annual written reports
13to the Governor and the General Assembly on the award of earned
14sentence credit no later than February 1 of each year. The
15Department must publish both reports on its website within 48
16hours of transmitting the reports to the Governor and the
17General Assembly. The reports must include:
18        (A) the number of inmates awarded earned sentence
19    credit;
20        (B) the average amount of earned sentence credit
21    awarded;
22        (C) the holding offenses of inmates awarded earned
23    sentence credit; and
24        (D) the number of earned sentence credit revocations.
25    (4)(A) Except as provided in paragraph (4.7) of this
26subsection (a), the rules and regulations shall also provide

 

 

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1that any prisoner who the sentence credit accumulated and
2retained under paragraph (2.1) of subsection (a) of this
3Section by any inmate during specific periods of time in which
4such inmate is engaged full-time in substance abuse programs,
5correctional industry assignments, educational programs,
6work-release programs or activities in accordance with Article
713 of Chapter III of this Code, behavior modification
8programs, life skills courses, or re-entry planning provided
9by the Department under this paragraph (4) and satisfactorily
10completes the assigned program as determined by the standards
11of the Department, shall receive one day of sentence credit
12for each day in which that prisoner is engaged in the
13activities described in this paragraph be multiplied by a
14factor of 1.25 for program participation before August 11,
151993 and 1.50 for program participation on or after that date.
16The rules and regulations shall also provide that sentence
17credit, subject to the same offense limits and multiplier
18provided in this paragraph, may be provided to an inmate who
19was held in pre-trial detention prior to his or her current
20commitment to the Department of Corrections and successfully
21completed a full-time, 60-day or longer substance abuse
22program, educational program, behavior modification program,
23life skills course, or re-entry planning provided by the
24county department of corrections or county jail. Calculation
25of this county program credit shall be done at sentencing as
26provided in Section 5-4.5-100 of this Code and shall be

 

 

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1included in the sentencing order. The rules and regulations
2shall also provide that sentence credit may be provided to an
3inmate who is in compliance with programming requirements in
4an adult transition center. However, no inmate shall be
5eligible for the additional sentence credit under this
6paragraph (4) or (4.1) of this subsection (a) while assigned
7to a boot camp or electronic detention.
8    (B) The Department shall award sentence credit under this
9paragraph (4) accumulated prior to January 1, 2020 (the
10effective date of Public Act 101-440) in an amount specified
11in subparagraph (C) of this paragraph (4) to an inmate serving
12a sentence for an offense committed prior to June 19, 1998, if
13the Department determines that the inmate is entitled to this
14sentence credit, based upon:
15        (i) documentation provided by the Department that the
16    inmate engaged in any full-time substance abuse programs,
17    correctional industry assignments, educational programs,
18    behavior modification programs, life skills courses, or
19    re-entry planning provided by the Department under this
20    paragraph (4) and satisfactorily completed the assigned
21    program as determined by the standards of the Department
22    during the inmate's current term of incarceration; or
23        (ii) the inmate's own testimony in the form of an
24    affidavit or documentation, or a third party's
25    documentation or testimony in the form of an affidavit
26    that the inmate likely engaged in any full-time substance

 

 

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1    abuse programs, correctional industry assignments,
2    educational programs, behavior modification programs, life
3    skills courses, or re-entry planning provided by the
4    Department under paragraph (4) and satisfactorily
5    completed the assigned program as determined by the
6    standards of the Department during the inmate's current
7    term of incarceration.
8    (C) If the inmate can provide documentation that he or she
9is entitled to sentence credit under subparagraph (B) in
10excess of 45 days of participation in those programs, the
11inmate shall receive 90 days of sentence credit. If the inmate
12cannot provide documentation of more than 45 days of
13participation in those programs, the inmate shall receive 45
14days of sentence credit. In the event of a disagreement
15between the Department and the inmate as to the amount of
16credit accumulated under subparagraph (B), if the Department
17provides documented proof of a lesser amount of days of
18participation in those programs, that proof shall control. If
19the Department provides no documentary proof, the inmate's
20proof as set forth in clause (ii) of subparagraph (B) shall
21control as to the amount of sentence credit provided.
22    (D) If the inmate has been convicted of a sex offense as
23defined in Section 2 of the Sex Offender Registration Act,
24sentencing credits under subparagraph (B) of this paragraph
25(4) shall be awarded by the Department only if the conditions
26set forth in paragraph (4.6) of subsection (a) are satisfied.

 

 

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1No inmate serving a term of natural life imprisonment shall
2receive sentence credit under subparagraph (B) of this
3paragraph (4).
4    Educational, vocational, substance abuse, behavior
5modification programs, life skills courses, re-entry planning,
6and correctional industry programs under which sentence credit
7may be earned under this paragraph (4) and paragraph (4.1) of
8this subsection (a) shall be evaluated by the Department on
9the basis of documented standards. The Department shall report
10the results of these evaluations to the Governor and the
11General Assembly by September 30th of each year. The reports
12shall include data relating to the recidivism rate among
13program participants.
14    Availability of these programs shall be subject to the
15limits of fiscal resources appropriated by the General
16Assembly for these purposes. Eligible inmates who are denied
17immediate admission shall be placed on a waiting list under
18criteria established by the Department. The rules and
19regulations shall provide that a prisoner who has been placed
20on a waiting list but is transferred for non-disciplinary
21reasons before beginning a program shall receive priority
22placement on the waitlist for appropriate programs at the new
23facility. The inability of any inmate to become engaged in any
24such programs by reason of insufficient program resources or
25for any other reason established under the rules and
26regulations of the Department shall not be deemed a cause of

 

 

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1action under which the Department or any employee or agent of
2the Department shall be liable for damages to the inmate. The
3rules and regulations shall provide that a prisoner who begins
4an educational, vocational, substance abuse, work-release
5programs or activities in accordance with Article 13 of
6Chapter III of this Code, behavior modification program, life
7skills course, re-entry planning, or correctional industry
8programs but is unable to complete the program due to illness,
9disability, transfer, lockdown, or another reason outside of
10the prisoner's control shall receive prorated sentence credits
11for the days in which the prisoner did participate.
12    (4.1) Except as provided in paragraph (4.7) of this
13subsection (a), the rules and regulations shall also provide
14that an additional 90 days of sentence credit shall be awarded
15to any prisoner who passes high school equivalency testing
16while the prisoner is committed to the Department of
17Corrections. The sentence credit awarded under this paragraph
18(4.1) shall be in addition to, and shall not affect, the award
19of sentence credit under any other paragraph of this Section,
20but shall also be pursuant to the guidelines and restrictions
21set forth in paragraph (4) of subsection (a) of this Section.
22The sentence credit provided for in this paragraph shall be
23available only to those prisoners who have not previously
24earned a high school diploma or a State of Illinois High School
25Diploma. If, after an award of the high school equivalency
26testing sentence credit has been made, the Department

 

 

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1determines that the prisoner was not eligible, then the award
2shall be revoked. The Department may also award 90 days of
3sentence credit to any committed person who passed high school
4equivalency testing while he or she was held in pre-trial
5detention prior to the current commitment to the Department of
6Corrections. Except as provided in paragraph (4.7) of this
7subsection (a), the rules and regulations shall provide that
8an additional 120 days of sentence credit shall be awarded to
9any prisoner who obtains an associate degree while the
10prisoner is committed to the Department of Corrections,
11regardless of the date that the associate degree was obtained,
12including if prior to July 1, 2021 (the effective date of
13Public Act 101-652). The sentence credit awarded under this
14paragraph (4.1) shall be in addition to, and shall not affect,
15the award of sentence credit under any other paragraph of this
16Section, but shall also be under the guidelines and
17restrictions set forth in paragraph (4) of subsection (a) of
18this Section. The sentence credit provided for in this
19paragraph (4.1) shall be available only to those prisoners who
20have not previously earned an associate degree prior to the
21current commitment to the Department of Corrections. If, after
22an award of the associate degree sentence credit has been made
23and the Department determines that the prisoner was not
24eligible, then the award shall be revoked. The Department may
25also award 120 days of sentence credit to any committed person
26who earned an associate degree while he or she was held in

 

 

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1pre-trial detention prior to the current commitment to the
2Department of Corrections.
3    Except as provided in paragraph (4.7) of this subsection
4(a), the rules and regulations shall provide that an
5additional 180 days of sentence credit shall be awarded to any
6prisoner who obtains a bachelor's degree while the prisoner is
7committed to the Department of Corrections. The sentence
8credit awarded under this paragraph (4.1) shall be in addition
9to, and shall not affect, the award of sentence credit under
10any other paragraph of this Section, but shall also be under
11the guidelines and restrictions set forth in paragraph (4) of
12this subsection (a). The sentence credit provided for in this
13paragraph shall be available only to those prisoners who have
14not earned a bachelor's degree prior to the current commitment
15to the Department of Corrections. If, after an award of the
16bachelor's degree sentence credit has been made, the
17Department determines that the prisoner was not eligible, then
18the award shall be revoked. The Department may also award 180
19days of sentence credit to any committed person who earned a
20bachelor's degree while he or she was held in pre-trial
21detention prior to the current commitment to the Department of
22Corrections.
23    Except as provided in paragraph (4.7) of this subsection
24(a), the rules and regulations shall provide that an
25additional 180 days of sentence credit shall be awarded to any
26prisoner who obtains a master's or professional degree while

 

 

HB2337- 606 -LRB103 05867 HEP 50888 b

1the prisoner is committed to the Department of Corrections.
2The sentence credit awarded under this paragraph (4.1) shall
3be in addition to, and shall not affect, the award of sentence
4credit under any other paragraph of this Section, but shall
5also be under the guidelines and restrictions set forth in
6paragraph (4) of this subsection (a). The sentence credit
7provided for in this paragraph shall be available only to
8those prisoners who have not previously earned a master's or
9professional degree prior to the current commitment to the
10Department of Corrections. If, after an award of the master's
11or professional degree sentence credit has been made, the
12Department determines that the prisoner was not eligible, then
13the award shall be revoked. The Department may also award 180
14days of sentence credit to any committed person who earned a
15master's or professional degree while he or she was held in
16pre-trial detention prior to the current commitment to the
17Department of Corrections.
18    (4.2) The rules and regulations shall also provide that
19any prisoner engaged in self-improvement programs, volunteer
20work, or work assignments that are not otherwise eligible
21activities under paragraph (4), shall receive up to 0.5 days
22of sentence credit for each day in which the prisoner is
23engaged in activities described in this paragraph.
24    (4.5) The rules and regulations on sentence credit shall
25also provide that when the court's sentencing order recommends
26a prisoner for substance abuse treatment and the crime was

 

 

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1committed on or after September 1, 2003 (the effective date of
2Public Act 93-354), the prisoner shall receive no sentence
3credit awarded under clause (3) of this subsection (a) unless
4he or she participates in and completes a substance abuse
5treatment program. The Director of Corrections may waive the
6requirement to participate in or complete a substance abuse
7treatment program in specific instances if the prisoner is not
8a good candidate for a substance abuse treatment program for
9medical, programming, or operational reasons. Availability of
10substance abuse treatment shall be subject to the limits of
11fiscal resources appropriated by the General Assembly for
12these purposes. If treatment is not available and the
13requirement to participate and complete the treatment has not
14been waived by the Director, the prisoner shall be placed on a
15waiting list under criteria established by the Department. The
16Director may allow a prisoner placed on a waiting list to
17participate in and complete a substance abuse education class
18or attend substance abuse self-help meetings in lieu of a
19substance abuse treatment program. A prisoner on a waiting
20list who is not placed in a substance abuse program prior to
21release may be eligible for a waiver and receive sentence
22credit under clause (3) of this subsection (a) at the
23discretion of the Director.
24    (4.6) The rules and regulations on sentence credit shall
25also provide that a prisoner who has been convicted of a sex
26offense as defined in Section 2 of the Sex Offender

 

 

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1Registration Act shall receive no sentence credit unless he or
2she either has successfully completed or is participating in
3sex offender treatment as defined by the Sex Offender
4Management Board. However, prisoners who are waiting to
5receive treatment, but who are unable to do so due solely to
6the lack of resources on the part of the Department, may, at
7either Director's sole discretion, be awarded sentence credit
8at a rate as the Director shall determine.
9    (4.7) On or after January 1, 2018 (the effective date of
10Public Act 100-3), sentence credit under paragraph (3), (4),
11or (4.1) of this subsection (a) may be awarded to a prisoner
12who is serving a sentence for an offense described in
13paragraph (2), (2.3), (2.4), (2.5), or (2.6) for credit earned
14on or after January 1, 2018 (the effective date of Public Act
15100-3); provided, the award of the credits under this
16paragraph (4.7) shall not reduce the sentence of the prisoner
17to less than the following amounts:
18        (i) 85% of his or her sentence if the prisoner is
19    required to serve 85% of his or her sentence; or
20        (ii) 60% of his or her sentence if the prisoner is
21    required to serve 75% of his or her sentence, except if the
22    prisoner is serving a sentence for gunrunning his or her
23    sentence shall not be reduced to less than 75%.
24        (iii) 100% of his or her sentence if the prisoner is
25    required to serve 100% of his or her sentence.
26    (5) Whenever the Department is to release any inmate

 

 

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1earlier than it otherwise would because of a grant of earned
2sentence credit under paragraph (3) of subsection (a) of this
3Section given at any time during the term, the Department
4shall give reasonable notice of the impending release not less
5than 14 days prior to the date of the release to the State's
6Attorney of the county where the prosecution of the inmate
7took place, and if applicable, the State's Attorney of the
8county into which the inmate will be released. The Department
9must also make identification information and a recent photo
10of the inmate being released accessible on the Internet by
11means of a hyperlink labeled "Community Notification of Inmate
12Early Release" on the Department's World Wide Web homepage.
13The identification information shall include the inmate's:
14name, any known alias, date of birth, physical
15characteristics, commitment offense, and county where
16conviction was imposed. The identification information shall
17be placed on the website within 3 days of the inmate's release
18and the information may not be removed until either:
19completion of the first year of mandatory supervised release
20or return of the inmate to custody of the Department.
21    (b) Whenever a person is or has been committed under
22several convictions, with separate sentences, the sentences
23shall be construed under Section 5-8-4 in granting and
24forfeiting of sentence credit.
25    (c) (1) The Department shall prescribe rules and
26regulations for revoking sentence credit, including revoking

 

 

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1sentence credit awarded under paragraph (3) of subsection (a)
2of this Section. The Department shall prescribe rules and
3regulations establishing and requiring the use of a sanctions
4matrix for revoking sentence credit. The Department shall
5prescribe rules and regulations for suspending or reducing the
6rate of accumulation of sentence credit for specific rule
7violations, during imprisonment. These rules and regulations
8shall provide that no inmate may be penalized more than one
9year of sentence credit for any one infraction.
10    (2) When the Department seeks to revoke, suspend, or
11reduce the rate of accumulation of any sentence credits for an
12alleged infraction of its rules, it shall bring charges
13therefor against the prisoner sought to be so deprived of
14sentence credits before the Prisoner Review Board as provided
15in subparagraph (a)(4) of Section 3-3-2 of this Code, if the
16amount of credit at issue exceeds 30 days, whether from one
17infraction or cumulatively from multiple infractions arising
18out of a single event, or when, during any 12-month period, the
19cumulative amount of credit revoked exceeds 30 days except
20where the infraction is committed or discovered within 60 days
21of scheduled release. In those cases, the Department of
22Corrections may revoke up to 30 days of sentence credit. The
23Board may subsequently approve the revocation of additional
24sentence credit, if the Department seeks to revoke sentence
25credit in excess of 30 days. However, the Board shall not be
26empowered to review the Department's decision with respect to

 

 

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1the loss of 30 days of sentence credit within any calendar year
2for any prisoner or to increase any penalty beyond the length
3requested by the Department.
4    (3) The Director of the Department of Corrections or the
5Director of Juvenile Justice, in appropriate cases, may
6restore up to 30 days of sentence credits which have been
7revoked, suspended, or reduced. The Department shall prescribe
8rules and regulations governing the restoration of sentence
9credits. These rules and regulations shall provide for the
10automatic restoration of sentence credits following a period
11in which the prisoner maintains a record without a
12disciplinary violation. Any restoration of sentence credits in
13excess of 30 days shall be subject to review by the Prisoner
14Review Board. However, the Board may not restore sentence
15credit in excess of the amount requested by the Director.
16    Nothing contained in this Section shall prohibit the
17Prisoner Review Board from ordering, pursuant to Section
183-3-9(a)(3)(i)(B), that a prisoner serve up to one year of the
19sentence imposed by the court that was not served due to the
20accumulation of sentence credit.
21    (d) If a lawsuit is filed by a prisoner in an Illinois or
22federal court against the State, the Department of
23Corrections, or the Prisoner Review Board, or against any of
24their officers or employees, and the court makes a specific
25finding that a pleading, motion, or other paper filed by the
26prisoner is frivolous, the Department of Corrections shall

 

 

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1conduct a hearing to revoke up to 180 days of sentence credit
2by bringing charges against the prisoner sought to be deprived
3of the sentence credits before the Prisoner Review Board as
4provided in subparagraph (a)(8) of Section 3-3-2 of this Code.
5If the prisoner has not accumulated 180 days of sentence
6credit at the time of the finding, then the Prisoner Review
7Board may revoke all sentence credit accumulated by the
8prisoner.
9    For purposes of this subsection (d):
10        (1) "Frivolous" means that a pleading, motion, or
11    other filing which purports to be a legal document filed
12    by a prisoner in his or her lawsuit meets any or all of the
13    following criteria:
14            (A) it lacks an arguable basis either in law or in
15        fact;
16            (B) it is being presented for any improper
17        purpose, such as to harass or to cause unnecessary
18        delay or needless increase in the cost of litigation;
19            (C) the claims, defenses, and other legal
20        contentions therein are not warranted by existing law
21        or by a nonfrivolous argument for the extension,
22        modification, or reversal of existing law or the
23        establishment of new law;
24            (D) the allegations and other factual contentions
25        do not have evidentiary support or, if specifically so
26        identified, are not likely to have evidentiary support

 

 

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1        after a reasonable opportunity for further
2        investigation or discovery; or
3            (E) the denials of factual contentions are not
4        warranted on the evidence, or if specifically so
5        identified, are not reasonably based on a lack of
6        information or belief.
7        (2) "Lawsuit" means a motion pursuant to Section 116-3
8    of the Code of Criminal Procedure of 1963, a habeas corpus
9    action under Article X of the Code of Civil Procedure or
10    under federal law (28 U.S.C. 2254), a petition for claim
11    under the Court of Claims Act, an action under the federal
12    Civil Rights Act (42 U.S.C. 1983), or a second or
13    subsequent petition for post-conviction relief under
14    Article 122 of the Code of Criminal Procedure of 1963
15    whether filed with or without leave of court or a second or
16    subsequent petition for relief from judgment under Section
17    2-1401 of the Code of Civil Procedure.
18    (e) Nothing in Public Act 90-592 or 90-593 affects the
19validity of Public Act 89-404.
20    (f) Whenever the Department is to release any inmate who
21has been convicted of a violation of an order of protection
22under Section 12-3.4 or 12-30 of the Criminal Code of 1961 or
23the Criminal Code of 2012, earlier than it otherwise would
24because of a grant of sentence credit, the Department, as a
25condition of release, shall require that the person, upon
26release, be placed under electronic surveillance as provided

 

 

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1in Section 5-8A-7 of this Code.
2(Source: P.A. 101-440, eff. 1-1-20; 101-652, eff. 7-1-21;
3102-28, eff. 6-25-21; 102-558, eff. 8-20-21; 102-784, eff.
45-13-22; 102-1100, eff. 1-1-23; revised 12-14-22.)
 
5    (730 ILCS 5/5-4-1)  (from Ch. 38, par. 1005-4-1)
6    Sec. 5-4-1. Sentencing hearing.
7    (a) Except when the death penalty is sought under hearing
8procedures otherwise specified, after a determination of
9guilt, a hearing shall be held to impose the sentence.
10However, prior to the imposition of sentence on an individual
11being sentenced for an offense based upon a charge for a
12violation of Section 11-501 of the Illinois Vehicle Code or a
13similar provision of a local ordinance, the individual must
14undergo a professional evaluation to determine if an alcohol
15or other drug abuse problem exists and the extent of such a
16problem. Programs conducting these evaluations shall be
17licensed by the Department of Human Services. However, if the
18individual is not a resident of Illinois, the court may, in its
19discretion, accept an evaluation from a program in the state
20of such individual's residence. The court shall make a
21specific finding about whether the defendant is eligible for
22participation in a Department impact incarceration program as
23provided in Section 5-8-1.1 or 5-8-1.3, and if not, provide an
24explanation as to why a sentence to impact incarceration is
25not an appropriate sentence. The court may in its sentencing

 

 

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1order recommend a defendant for placement in a Department of
2Corrections substance abuse treatment program as provided in
3paragraph (a) of subsection (1) of Section 3-2-2 conditioned
4upon the defendant being accepted in a program by the
5Department of Corrections. At the hearing the court shall:
6        (1) consider the evidence, if any, received upon the
7    trial;
8        (2) consider any presentence reports;
9        (3) consider the financial impact of incarceration
10    based on the financial impact statement filed with the
11    clerk of the court by the Department of Corrections;
12        (4) consider evidence and information offered by the
13    parties in aggravation and mitigation;
14        (4.5) consider substance abuse treatment, eligibility
15    screening, and an assessment, if any, of the defendant by
16    an agent designated by the State of Illinois to provide
17    assessment services for the Illinois courts;
18        (5) hear arguments as to sentencing alternatives;
19        (6) afford the defendant the opportunity to make a
20    statement in his own behalf;
21        (7) afford the victim of a violent crime or a
22    violation of Section 11-501 of the Illinois Vehicle Code,
23    or a similar provision of a local ordinance, the
24    opportunity to present an oral or written statement, as
25    guaranteed by Article I, Section 8.1 of the Illinois
26    Constitution and provided in Section 6 of the Rights of

 

 

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1    Crime Victims and Witnesses Act. The court shall allow a
2    victim to make an oral statement if the victim is present
3    in the courtroom and requests to make an oral or written
4    statement. An oral or written statement includes the
5    victim or a representative of the victim reading the
6    written statement. The court may allow persons impacted by
7    the crime who are not victims under subsection (a) of
8    Section 3 of the Rights of Crime Victims and Witnesses Act
9    to present an oral or written statement. A victim and any
10    person making an oral statement shall not be put under
11    oath or subject to cross-examination. All statements
12    offered under this paragraph (7) shall become part of the
13    record of the court. In this paragraph (7), "victim of a
14    violent crime" means a person who is a victim of a violent
15    crime for which the defendant has been convicted after a
16    bench or jury trial or a person who is the victim of a
17    violent crime with which the defendant was charged and the
18    defendant has been convicted under a plea agreement of a
19    crime that is not a violent crime as defined in subsection
20    (c) of 3 of the Rights of Crime Victims and Witnesses Act;
21        (7.5) afford a qualified person affected by: (i) a
22    violation of Section 405, 405.1, 405.2, or 407 of the
23    Illinois Controlled Substances Act or a violation of
24    Section 55 or Section 65 of the Methamphetamine Control
25    and Community Protection Act; or (ii) a Class 4 felony
26    violation of Section 11-14, 11-14.3 except as described in

 

 

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1    subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18,
2    11-18.1, or 11-19 of the Criminal Code of 1961 or the
3    Criminal Code of 2012, committed by the defendant the
4    opportunity to make a statement concerning the impact on
5    the qualified person and to offer evidence in aggravation
6    or mitigation; provided that the statement and evidence
7    offered in aggravation or mitigation shall first be
8    prepared in writing in conjunction with the State's
9    Attorney before it may be presented orally at the hearing.
10    Sworn testimony offered by the qualified person is subject
11    to the defendant's right to cross-examine. All statements
12    and evidence offered under this paragraph (7.5) shall
13    become part of the record of the court. In this paragraph
14    (7.5), "qualified person" means any person who: (i) lived
15    or worked within the territorial jurisdiction where the
16    offense took place when the offense took place; or (ii) is
17    familiar with various public places within the territorial
18    jurisdiction where the offense took place when the offense
19    took place. "Qualified person" includes any peace officer
20    or any member of any duly organized State, county, or
21    municipal peace officer unit assigned to the territorial
22    jurisdiction where the offense took place when the offense
23    took place;
24        (8) in cases of reckless homicide afford the victim's
25    spouse, guardians, parents or other immediate family
26    members an opportunity to make oral statements;

 

 

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1        (9) in cases involving a felony sex offense as defined
2    under the Sex Offender Management Board Act, consider the
3    results of the sex offender evaluation conducted pursuant
4    to Section 5-3-2 of this Act; and
5        (10) make a finding of whether a motor vehicle was
6    used in the commission of the offense for which the
7    defendant is being sentenced.
8    (b) All sentences shall be imposed by the judge based upon
9his independent assessment of the elements specified above and
10any agreement as to sentence reached by the parties. The judge
11who presided at the trial or the judge who accepted the plea of
12guilty shall impose the sentence unless he is no longer
13sitting as a judge in that court. Where the judge does not
14impose sentence at the same time on all defendants who are
15convicted as a result of being involved in the same offense,
16the defendant or the State's Attorney may advise the
17sentencing court of the disposition of any other defendants
18who have been sentenced.
19    (b-1) In imposing a sentence of imprisonment or periodic
20imprisonment for a Class 3 or Class 4 felony for which a
21sentence of probation or conditional discharge is an available
22sentence, if the defendant has no prior sentence of probation
23or conditional discharge and no prior conviction for a violent
24crime, the defendant shall not be sentenced to imprisonment
25before review and consideration of a presentence report and
26determination and explanation of why the particular evidence,

 

 

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1information, factor in aggravation, factual finding, or other
2reasons support a sentencing determination that one or more of
3the factors under subsection (a) of Section 5-6-1 of this Code
4apply and that probation or conditional discharge is not an
5appropriate sentence.
6    (c) In imposing a sentence for a violent crime or for an
7offense of operating or being in physical control of a vehicle
8while under the influence of alcohol, any other drug or any
9combination thereof, or a similar provision of a local
10ordinance, when such offense resulted in the personal injury
11to someone other than the defendant, the trial judge shall
12specify on the record the particular evidence, information,
13factors in mitigation and aggravation or other reasons that
14led to his sentencing determination. The full verbatim record
15of the sentencing hearing shall be filed with the clerk of the
16court and shall be a public record.
17    (c-1) In imposing a sentence for the offense of aggravated
18kidnapping for ransom, home invasion, armed robbery,
19aggravated vehicular hijacking, aggravated discharge of a
20firearm, or armed violence with a category I weapon or
21category II weapon, the trial judge shall make a finding as to
22whether the conduct leading to conviction for the offense
23resulted in great bodily harm to a victim, and shall enter that
24finding and the basis for that finding in the record.
25    (c-2) If the defendant is sentenced to prison, other than
26when a sentence of natural life imprisonment or a sentence of

 

 

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1death is imposed, at the time the sentence is imposed the judge
2shall state on the record in open court the approximate period
3of time the defendant will serve in custody according to the
4then current statutory rules and regulations for sentence
5credit found in Section 3-6-3 and other related provisions of
6this Code. This statement is intended solely to inform the
7public, has no legal effect on the defendant's actual release,
8and may not be relied on by the defendant on appeal.
9    The judge's statement, to be given after pronouncing the
10sentence, other than when the sentence is imposed for one of
11the offenses enumerated in paragraph (a)(4) of Section 3-6-3,
12shall include the following:
13    "The purpose of this statement is to inform the public of
14the actual period of time this defendant is likely to spend in
15prison as a result of this sentence. The actual period of
16prison time served is determined by the statutes of Illinois
17as applied to this sentence by the Illinois Department of
18Corrections and the Illinois Prisoner Review Board. In this
19case, assuming the defendant receives all of his or her
20sentence credit, the period of estimated actual custody is ...
21years and ... months, less up to 180 days additional earned
22sentence credit. If the defendant, because of his or her own
23misconduct or failure to comply with the institutional
24regulations, does not receive those credits, the actual time
25served in prison will be longer. The defendant may also
26receive an additional one-half day sentence credit for each

 

 

HB2337- 621 -LRB103 05867 HEP 50888 b

1day of participation in vocational, industry, substance abuse,
2and educational programs as provided for by Illinois statute."
3    When the sentence is imposed for one of the offenses
4enumerated in paragraph (a)(2) of Section 3-6-3, other than
5first degree murder, and the offense was committed on or after
6June 19, 1998, and when the sentence is imposed for reckless
7homicide as defined in subsection (e) of Section 9-3 of the
8Criminal Code of 1961 or the Criminal Code of 2012 if the
9offense was committed on or after January 1, 1999, and when the
10sentence is imposed for aggravated driving under the influence
11of alcohol, other drug or drugs, or intoxicating compound or
12compounds, or any combination thereof as defined in
13subparagraph (F) of paragraph (1) of subsection (d) of Section
1411-501 of the Illinois Vehicle Code, and when the sentence is
15imposed for aggravated arson if the offense was committed on
16or after July 27, 2001 (the effective date of Public Act
1792-176), and when the sentence is imposed for aggravated
18driving under the influence of alcohol, other drug or drugs,
19or intoxicating compound or compounds, or any combination
20thereof as defined in subparagraph (C) of paragraph (1) of
21subsection (d) of Section 11-501 of the Illinois Vehicle Code
22committed on or after January 1, 2011 (the effective date of
23Public Act 96-1230), the judge's statement, to be given after
24pronouncing the sentence, shall include the following:
25    "The purpose of this statement is to inform the public of
26the actual period of time this defendant is likely to spend in

 

 

HB2337- 622 -LRB103 05867 HEP 50888 b

1prison as a result of this sentence. The actual period of
2prison time served is determined by the statutes of Illinois
3as applied to this sentence by the Illinois Department of
4Corrections and the Illinois Prisoner Review Board. In this
5case, the defendant is entitled to no more than 4 1/2 days of
6sentence credit for each month of his or her sentence of
7imprisonment. Therefore, this defendant will serve at least
885% of his or her sentence. Assuming the defendant receives 4
91/2 days credit for each month of his or her sentence, the
10period of estimated actual custody is ... years and ...
11months. If the defendant, because of his or her own misconduct
12or failure to comply with the institutional regulations
13receives lesser credit, the actual time served in prison will
14be longer."
15    When a sentence of imprisonment is imposed for first
16degree murder and the offense was committed on or after June
1719, 1998, the judge's statement, to be given after pronouncing
18the sentence, shall include the following:
19    "The purpose of this statement is to inform the public of
20the actual period of time this defendant is likely to spend in
21prison as a result of this sentence. The actual period of
22prison time served is determined by the statutes of Illinois
23as applied to this sentence by the Illinois Department of
24Corrections and the Illinois Prisoner Review Board. In this
25case, the defendant is not entitled to sentence credit.
26Therefore, this defendant will serve 100% of his or her

 

 

HB2337- 623 -LRB103 05867 HEP 50888 b

1sentence."
2    When the sentencing order recommends placement in a
3substance abuse program for any offense that results in
4incarceration in a Department of Corrections facility and the
5crime was committed on or after September 1, 2003 (the
6effective date of Public Act 93-354), the judge's statement,
7in addition to any other judge's statement required under this
8Section, to be given after pronouncing the sentence, shall
9include the following:
10    "The purpose of this statement is to inform the public of
11the actual period of time this defendant is likely to spend in
12prison as a result of this sentence. The actual period of
13prison time served is determined by the statutes of Illinois
14as applied to this sentence by the Illinois Department of
15Corrections and the Illinois Prisoner Review Board. In this
16case, the defendant shall receive no earned sentence credit
17under clause (3) of subsection (a) of Section 3-6-3 until he or
18she participates in and completes a substance abuse treatment
19program or receives a waiver from the Director of Corrections
20pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
21    (c-4) Before the sentencing hearing and as part of the
22presentence investigation under Section 5-3-1, the court shall
23inquire of the defendant whether the defendant is currently
24serving in or is a veteran of the Armed Forces of the United
25States. If the defendant is currently serving in the Armed
26Forces of the United States or is a veteran of the Armed Forces

 

 

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1of the United States and has been diagnosed as having a mental
2illness by a qualified psychiatrist or clinical psychologist
3or physician, the court may:
4        (1) order that the officer preparing the presentence
5    report consult with the United States Department of
6    Veterans Affairs, Illinois Department of Veterans'
7    Affairs, or another agency or person with suitable
8    knowledge or experience for the purpose of providing the
9    court with information regarding treatment options
10    available to the defendant, including federal, State, and
11    local programming; and
12        (2) consider the treatment recommendations of any
13    diagnosing or treating mental health professionals
14    together with the treatment options available to the
15    defendant in imposing sentence.
16    For the purposes of this subsection (c-4), "qualified
17psychiatrist" means a reputable physician licensed in Illinois
18to practice medicine in all its branches, who has specialized
19in the diagnosis and treatment of mental and nervous disorders
20for a period of not less than 5 years.
21    (c-6) In imposing a sentence, the trial judge shall
22specify, on the record, the particular evidence and other
23reasons which led to his or her determination that a motor
24vehicle was used in the commission of the offense.
25    (c-7) In imposing a sentence for a Class 3 or 4 felony,
26other than a violent crime as defined in Section 3 of the

 

 

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1Rights of Crime Victims and Witnesses Act, the court shall
2determine and indicate in the sentencing order whether the
3defendant has 4 or more or fewer than 4 months remaining on his
4or her sentence accounting for time served.
5    (d) When the defendant is committed to the Department of
6Corrections, the State's Attorney shall and counsel for the
7defendant may file a statement with the clerk of the court to
8be transmitted to the department, agency or institution to
9which the defendant is committed to furnish such department,
10agency or institution with the facts and circumstances of the
11offense for which the person was committed together with all
12other factual information accessible to them in regard to the
13person prior to his commitment relative to his habits,
14associates, disposition and reputation and any other facts and
15circumstances which may aid such department, agency or
16institution during its custody of such person. The clerk shall
17within 10 days after receiving any such statements transmit a
18copy to such department, agency or institution and a copy to
19the other party, provided, however, that this shall not be
20cause for delay in conveying the person to the department,
21agency or institution to which he has been committed.
22    (e) The clerk of the court shall transmit to the
23department, agency or institution, if any, to which the
24defendant is committed, the following:
25        (1) the sentence imposed;
26        (2) any statement by the court of the basis for

 

 

HB2337- 626 -LRB103 05867 HEP 50888 b

1    imposing the sentence;
2        (3) any presentence reports;
3        (3.5) any sex offender evaluations;
4        (3.6) any substance abuse treatment eligibility
5    screening and assessment of the defendant by an agent
6    designated by the State of Illinois to provide assessment
7    services for the Illinois courts;
8        (4) the number of days, if any, which the defendant
9    has been in custody and for which he is entitled to credit
10    against the sentence, which information shall be provided
11    to the clerk by the sheriff;
12        (4.1) any finding of great bodily harm made by the
13    court with respect to an offense enumerated in subsection
14    (c-1);
15        (5) all statements filed under subsection (d) of this
16    Section;
17        (6) any medical or mental health records or summaries
18    of the defendant;
19        (7) the municipality where the arrest of the offender
20    or the commission of the offense has occurred, where such
21    municipality has a population of more than 25,000 persons;
22        (8) all statements made and evidence offered under
23    paragraph (7) of subsection (a) of this Section; and
24        (9) all additional matters which the court directs the
25    clerk to transmit.
26    (f) In cases in which the court finds that a motor vehicle

 

 

HB2337- 627 -LRB103 05867 HEP 50888 b

1was used in the commission of the offense for which the
2defendant is being sentenced, the clerk of the court shall,
3within 5 days thereafter, forward a report of such conviction
4to the Secretary of State.
5(Source: P.A. 100-961, eff. 1-1-19; 101-81, eff. 7-12-19;
6101-105, eff. 1-1-20; 101-652.)
 
7    (730 ILCS 5/5-4.5-95)
8    Sec. 5-4.5-95. GENERAL RECIDIVISM PROVISIONS.
9    (a) HABITUAL CRIMINALS.
10        (1) Every person who has been twice convicted in any
11    state or federal court of an offense that contains the
12    same elements as an offense now (the date of the offense
13    committed after the 2 prior convictions) classified in
14    Illinois as a Class X felony, criminal sexual assault,
15    aggravated kidnapping, or first degree murder, and who is
16    thereafter convicted of a Class X felony, criminal sexual
17    assault, or first degree murder, committed after the 2
18    prior convictions, shall be adjudged an habitual criminal.
19        (2) The 2 prior convictions need not have been for the
20    same offense.
21        (3) Any convictions that result from or are connected
22    with the same transaction, or result from offenses
23    committed at the same time, shall be counted for the
24    purposes of this Section as one conviction.
25        (4) This Section does not apply unless each of the

 

 

HB2337- 628 -LRB103 05867 HEP 50888 b

1    following requirements are satisfied:
2            (A) The third offense was committed after July 3,
3        1980.
4            (B) The third offense was committed within 20
5        years of the date that judgment was entered on the
6        first conviction; provided, however, that time spent
7        in custody shall not be counted.
8            (C) The third offense was committed after
9        conviction on the second offense.
10            (D) The second offense was committed after
11        conviction on the first offense.
12            (E) The first offense was committed when the
13        person was 21 years of age or older.
14        (5) Anyone who, having attained the age of 18 at the
15    time of the third offense, is adjudged an habitual
16    criminal shall be sentenced to a term of natural life
17    imprisonment.
18        (6) A prior conviction shall not be alleged in the
19    indictment, and no evidence or other disclosure of that
20    conviction shall be presented to the court or the jury
21    during the trial of an offense set forth in this Section
22    unless otherwise permitted by the issues properly raised
23    in that trial. After a plea or verdict or finding of guilty
24    and before sentence is imposed, the prosecutor may file
25    with the court a verified written statement signed by the
26    State's Attorney concerning any former conviction of an

 

 

HB2337- 629 -LRB103 05867 HEP 50888 b

1    offense set forth in this Section rendered against the
2    defendant. The court shall then cause the defendant to be
3    brought before it; shall inform the defendant of the
4    allegations of the statement so filed, and of his or her
5    right to a hearing before the court on the issue of that
6    former conviction and of his or her right to counsel at
7    that hearing; and unless the defendant admits such
8    conviction, shall hear and determine the issue, and shall
9    make a written finding thereon. If a sentence has
10    previously been imposed, the court may vacate that
11    sentence and impose a new sentence in accordance with this
12    Section.
13        (7) A duly authenticated copy of the record of any
14    alleged former conviction of an offense set forth in this
15    Section shall be prima facie evidence of that former
16    conviction; and a duly authenticated copy of the record of
17    the defendant's final release or discharge from probation
18    granted, or from sentence and parole supervision (if any)
19    imposed pursuant to that former conviction, shall be prima
20    facie evidence of that release or discharge.
21        (8) Any claim that a previous conviction offered by
22    the prosecution is not a former conviction of an offense
23    set forth in this Section because of the existence of any
24    exceptions described in this Section, is waived unless
25    duly raised at the hearing on that conviction, or unless
26    the prosecution's proof shows the existence of the

 

 

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1    exceptions described in this Section.
2        (9) If the person so convicted shows to the
3    satisfaction of the court before whom that conviction was
4    had that he or she was released from imprisonment, upon
5    either of the sentences upon a pardon granted for the
6    reason that he or she was innocent, that conviction and
7    sentence shall not be considered under this Section.
8    (b) When a defendant, over the age of 21 years, is
9convicted of a Class 1 or Class 2 forcible felony, except for
10an offense listed in subsection (c) of this Section, after
11having twice been convicted in any state or federal court of an
12offense that contains the same elements as an offense now (the
13date the Class 1 or Class 2 forcible felony was committed)
14classified in Illinois as a Class 2 or greater Class forcible
15felony, except for an offense listed in subsection (c) of this
16Section, and those charges are separately brought and tried
17and arise out of different series of acts, that defendant
18shall be sentenced as a Class X offender. This subsection does
19not apply unless:
20        (1) the first forcible felony was committed after
21    February 1, 1978 (the effective date of Public Act
22    80-1099);
23        (2) the second forcible felony was committed after
24    conviction on the first; and
25        (3) the third forcible felony was committed after
26    conviction on the second; and

 

 

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1        (4) the first offense was committed when the person
2    was 21 years of age or older.
3    (c) (Blank). Subsection (b) of this Section does not apply
4to Class 1 or Class 2 felony convictions for a violation of
5Section 16-1 of the Criminal Code of 2012.
6    A person sentenced as a Class X offender under this
7subsection (b) is not eligible to apply for treatment as a
8condition of probation as provided by Section 40-10 of the
9Substance Use Disorder Act (20 ILCS 301/40-10).
10(Source: P.A. 99-69, eff. 1-1-16; 100-3, eff. 1-1-18; 100-759,
11eff. 1-1-19; 101-652.)
 
12    (730 ILCS 5/5-4.5-100)
13    Sec. 5-4.5-100. CALCULATION OF TERM OF IMPRISONMENT.
14    (a) COMMENCEMENT. A sentence of imprisonment shall
15commence on the date on which the offender is received by the
16Department or the institution at which the sentence is to be
17served.
18    (b) CREDIT; TIME IN CUSTODY; SAME CHARGE. Except as set
19forth in subsection (e), the offender shall be given credit on
20the determinate sentence or maximum term and the minimum
21period of imprisonment for the number of days spent in custody
22as a result of the offense for which the sentence was imposed.
23The Department shall calculate the credit at the rate
24specified in Section 3-6-3 (730 ILCS 5/3-6-3). The Except when
25prohibited by subsection (d), the trial court shall give

 

 

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1credit to the defendant for time spent in home detention on the
2same sentencing terms as incarceration as provided in Section
35-8A-3 (730 ILCS 5/5-8A-3). Home detention for purposes of
4credit includes restrictions on liberty such as curfews
5restricting movement for 12 hours or more per day and
6electronic monitoring that restricts travel or movement.
7Electronic monitoring is not required for home detention to be
8considered custodial for purposes of sentencing credit. The
9trial court may give credit to the defendant for the number of
10days spent confined for psychiatric or substance abuse
11treatment prior to judgment, if the court finds that the
12detention or confinement was custodial.
13    (c) CREDIT; TIME IN CUSTODY; FORMER CHARGE. An offender
14arrested on one charge and prosecuted on another charge for
15conduct that occurred prior to his or her arrest shall be given
16credit on the determinate sentence or maximum term and the
17minimum term of imprisonment for time spent in custody under
18the former charge not credited against another sentence.
19    (c-5) CREDIT; PROGRAMMING. The trial court shall give the
20defendant credit for successfully completing county
21programming while in custody prior to imposition of sentence
22at the rate specified in Section 3-6-3 (730 ILCS 5/3-6-3). For
23the purposes of this subsection, "custody" includes time spent
24in home detention.
25    (d) (Blank). NO CREDIT; SOME HOME DETENTION. An offender
26sentenced to a term of imprisonment for an offense listed in

 

 

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1paragraph (2) of subsection (c) of Section 5-5-3 (730 ILCS
25/5-5-3) or in paragraph (3) of subsection (c-1) of Section
311-501 of the Illinois Vehicle Code (625 ILCS 5/11-501) shall
4not receive credit for time spent in home detention prior to
5judgment.
6    (e) NO CREDIT; REVOCATION OF PAROLE, MANDATORY SUPERVISED
7RELEASE, OR PROBATION. An offender charged with the commission
8of an offense committed while on parole, mandatory supervised
9release, or probation shall not be given credit for time spent
10in custody under subsection (b) for that offense for any time
11spent in custody as a result of a revocation of parole,
12mandatory supervised release, or probation where such
13revocation is based on a sentence imposed for a previous
14conviction, regardless of the facts upon which the revocation
15of parole, mandatory supervised release, or probation is
16based, unless both the State and the defendant agree that the
17time served for a violation of mandatory supervised release,
18parole, or probation shall be credited towards the sentence
19for the current offense.
20(Source: P.A. 96-1000, eff. 7-2-10; 97-697, eff. 6-22-12;
21101-652.)
 
22    (730 ILCS 5/5-8-1)  (from Ch. 38, par. 1005-8-1)
23    Sec. 5-8-1. Natural life imprisonment; enhancements for
24use of a firearm; mandatory supervised release terms.
25    (a) Except as otherwise provided in the statute defining

 

 

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1the offense or in Article 4.5 of Chapter V, a sentence of
2imprisonment for a felony shall be a determinate sentence set
3by the court under this Section, subject to Section 5-4.5-115
4of this Code, according to the following limitations:
5        (1) for first degree murder,
6            (a) (blank),
7            (b) if a trier of fact finds beyond a reasonable
8        doubt that the murder was accompanied by exceptionally
9        brutal or heinous behavior indicative of wanton
10        cruelty or, except as set forth in subsection
11        (a)(1)(c) of this Section, that any of the aggravating
12        factors listed in subsection (b) or (b-5) of Section
13        9-1 of the Criminal Code of 1961 or the Criminal Code
14        of 2012 are present, the court may sentence the
15        defendant, subject to Section 5-4.5-105, to a term of
16        natural life imprisonment, or
17            (c) the court shall sentence the defendant to a
18        term of natural life imprisonment if the defendant, at
19        the time of the commission of the murder, had attained
20        the age of 18, and:
21                (i) has previously been convicted of first
22            degree murder under any state or federal law, or
23                (ii) is found guilty of murdering more than
24            one victim, or
25                (iii) is found guilty of murdering a peace
26            officer, fireman, or emergency management worker

 

 

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1            when the peace officer, fireman, or emergency
2            management worker was killed in the course of
3            performing his official duties, or to prevent the
4            peace officer or fireman from performing his
5            official duties, or in retaliation for the peace
6            officer, fireman, or emergency management worker
7            from performing his official duties, and the
8            defendant knew or should have known that the
9            murdered individual was a peace officer, fireman,
10            or emergency management worker, or
11                (iv) is found guilty of murdering an employee
12            of an institution or facility of the Department of
13            Corrections, or any similar local correctional
14            agency, when the employee was killed in the course
15            of performing his official duties, or to prevent
16            the employee from performing his official duties,
17            or in retaliation for the employee performing his
18            official duties, or
19                (v) is found guilty of murdering an emergency
20            medical technician - ambulance, emergency medical
21            technician - intermediate, emergency medical
22            technician - paramedic, ambulance driver or other
23            medical assistance or first aid person while
24            employed by a municipality or other governmental
25            unit when the person was killed in the course of
26            performing official duties or to prevent the

 

 

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1            person from performing official duties or in
2            retaliation for performing official duties and the
3            defendant knew or should have known that the
4            murdered individual was an emergency medical
5            technician - ambulance, emergency medical
6            technician - intermediate, emergency medical
7            technician - paramedic, ambulance driver, or other
8            medical assistant or first aid personnel, or
9                (vi) (blank), or
10                (vii) is found guilty of first degree murder
11            and the murder was committed by reason of any
12            person's activity as a community policing
13            volunteer or to prevent any person from engaging
14            in activity as a community policing volunteer. For
15            the purpose of this Section, "community policing
16            volunteer" has the meaning ascribed to it in
17            Section 2-3.5 of the Criminal Code of 2012.
18            For purposes of clause (v), "emergency medical
19        technician - ambulance", "emergency medical technician -
20         intermediate", "emergency medical technician -
21        paramedic", have the meanings ascribed to them in the
22        Emergency Medical Services (EMS) Systems Act.
23            (d)(i) if the person committed the offense while
24            armed with a firearm, 15 years shall be added to
25            the term of imprisonment imposed by the court;
26            (ii) if, during the commission of the offense, the

 

 

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1        person personally discharged a firearm, 20 years shall
2        be added to the term of imprisonment imposed by the
3        court;
4            (iii) if, during the commission of the offense,
5        the person personally discharged a firearm that
6        proximately caused great bodily harm, permanent
7        disability, permanent disfigurement, or death to
8        another person, 25 years or up to a term of natural
9        life shall be added to the term of imprisonment
10        imposed by the court.
11        (2) (blank);
12        (2.5) for a person who has attained the age of 18 years
13    at the time of the commission of the offense and who is
14    convicted under the circumstances described in subdivision
15    (b)(1)(B) of Section 11-1.20 or paragraph (3) of
16    subsection (b) of Section 12-13, subdivision (d)(2) of
17    Section 11-1.30 or paragraph (2) of subsection (d) of
18    Section 12-14, subdivision (b)(1.2) of Section 11-1.40 or
19    paragraph (1.2) of subsection (b) of Section 12-14.1,
20    subdivision (b)(2) of Section 11-1.40 or paragraph (2) of
21    subsection (b) of Section 12-14.1 of the Criminal Code of
22    1961 or the Criminal Code of 2012, the sentence shall be a
23    term of natural life imprisonment.
24    (b) (Blank).
25    (c) (Blank).
26    (d) Subject to earlier termination under Section 3-3-8,

 

 

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1the parole or mandatory supervised release term shall be
2written as part of the sentencing order and shall be as
3follows:
4        (1) for first degree murder or a Class X felony except
5    for the offenses of predatory criminal sexual assault of a
6    child, aggravated criminal sexual assault, and criminal
7    sexual assault and except for the offense of aggravated
8    child pornography under Section 11-20.1B, 11-20.3, or
9    11-20.1 with sentencing under subsection (c-5) of Section
10    11-20.1 of the Criminal Code of 1961 or the Criminal Code
11    of 2012, if committed on or after January 1, 2009, 3 years;
12        (2) for a Class 1 felony or a Class 2 felony except for
13    the offense of criminal sexual assault and except for the
14    offenses of manufacture and dissemination of child
15    pornography under clauses (a)(1) and (a)(2) of Section
16    11-20.1 of the Criminal Code of 1961 or the Criminal Code
17    of 2012, if committed on or after January 1, 2009, 2 years;
18        (3) for a Class 3 felony or a Class 4 felony, 1 year;
19        (4) for defendants who commit the offense of predatory
20    criminal sexual assault of a child, aggravated criminal
21    sexual assault, or criminal sexual assault, on or after
22    December 13, 2005 (the effective date of Public Act
23    94-715), or who commit the offense of aggravated child
24    pornography under Section 11-20.1B, 11-20.3, or 11-20.1
25    with sentencing under subsection (c-5) of Section 11-20.1
26    of the Criminal Code of 1961 or the Criminal Code of 2012,

 

 

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1    manufacture of child pornography, or dissemination of
2    child pornography after January 1, 2009, the term of
3    mandatory supervised release shall range from a minimum of
4    3 years to a maximum of the natural life of the defendant;
5        (5) if the victim is under 18 years of age, for a
6    second or subsequent offense of aggravated criminal sexual
7    abuse or felony criminal sexual abuse, 4 years, at least
8    the first 2 years of which the defendant shall serve in an
9    electronic monitoring or home detention program under
10    Article 8A of Chapter V of this Code;
11        (6) for a felony domestic battery, aggravated domestic
12    battery, stalking, aggravated stalking, and a felony
13    violation of an order of protection, 4 years.
14    (d) Subject to earlier termination under Section 3-3-8,
15the parole or mandatory supervised release term shall be
16written as part of the sentencing order and shall be as
17follows:
18        (1) for first degree murder or for the offenses of
19    predatory criminal sexual assault of a child, aggravated
20    criminal sexual assault, and criminal sexual assault if
21    committed on or before December 12, 2005, 3 years;
22        (1.5) except as provided in paragraph (7) of this
23    subsection (d), for a Class X felony except for the
24    offenses of predatory criminal sexual assault of a child,
25    aggravated criminal sexual assault, and criminal sexual
26    assault if committed on or after December 13, 2005 (the

 

 

HB2337- 640 -LRB103 05867 HEP 50888 b

1    effective date of Public Act 94-715) and except for the
2    offense of aggravated child pornography under Section
3    11-20.1B, 11-20.3, or 11-20.1 with sentencing under
4    subsection (c-5) of Section 11-20.1 of the Criminal Code
5    of 1961 or the Criminal Code of 2012, if committed on or
6    after January 1, 2009, 18 months;
7        (2) except as provided in paragraph (7) of this
8    subsection (d), for a Class 1 felony or a Class 2 felony
9    except for the offense of criminal sexual assault if
10    committed on or after December 13, 2005 (the effective
11    date of Public Act 94-715) and except for the offenses of
12    manufacture and dissemination of child pornography under
13    clauses (a)(1) and (a)(2) of Section 11-20.1 of the
14    Criminal Code of 1961 or the Criminal Code of 2012, if
15    committed on or after January 1, 2009, 12 months;
16        (3) except as provided in paragraph (4), (6), or (7)
17    of this subsection (d), for a Class 3 felony or a Class 4
18    felony, 6 months; no later than 45 days after the onset of
19    the term of mandatory supervised release, the Prisoner
20    Review Board shall conduct a discretionary discharge
21    review pursuant to the provisions of Section 3-3-8, which
22    shall include the results of a standardized risk and needs
23    assessment tool administered by the Department of
24    Corrections; the changes to this paragraph (3) made by
25    this amendatory Act of the 102nd General Assembly apply to
26    all individuals released on mandatory supervised release

 

 

HB2337- 641 -LRB103 05867 HEP 50888 b

1    on or after the effective date of this amendatory Act of
2    the 102nd General Assembly, including those individuals
3    whose sentences were imposed prior to the effective date
4    of this amendatory Act of the 102nd General Assembly;
5        (4) for defendants who commit the offense of predatory
6    criminal sexual assault of a child, aggravated criminal
7    sexual assault, or criminal sexual assault, on or after
8    December 13, 2005 (the effective date of Public Act
9    94-715), or who commit the offense of aggravated child
10    pornography under Section 11-20.1B, 11-20.3, or 11-20.1
11    with sentencing under subsection (c-5) of Section 11-20.1
12    of the Criminal Code of 1961 or the Criminal Code of 2012,
13    manufacture of child pornography, or dissemination of
14    child pornography after January 1, 2009, the term of
15    mandatory supervised release shall range from a minimum of
16    3 years to a maximum of the natural life of the defendant;
17        (5) if the victim is under 18 years of age, for a
18    second or subsequent offense of aggravated criminal sexual
19    abuse or felony criminal sexual abuse, 4 years, at least
20    the first 2 years of which the defendant shall serve in an
21    electronic monitoring or home detention program under
22    Article 8A of Chapter V of this Code;
23        (6) for a felony domestic battery, aggravated domestic
24    battery, stalking, aggravated stalking, and a felony
25    violation of an order of protection, 4 years;
26        (7) for any felony described in paragraph (a)(2)(ii),

 

 

HB2337- 642 -LRB103 05867 HEP 50888 b

1    (a)(2)(iii), (a)(2)(iv), (a)(2)(vi), (a)(2.1), (a)(2.3),
2    (a)(2.4), (a)(2.5), or (a)(2.6) of Article 5, Section
3    3-6-3 of the Unified Code of Corrections requiring an
4    inmate to serve a minimum of 85% of their court-imposed
5    sentence, except for the offenses of predatory criminal
6    sexual assault of a child, aggravated criminal sexual
7    assault, and criminal sexual assault if committed on or
8    after December 13, 2005 (the effective date of Public Act
9    94-715) and except for the offense of aggravated child
10    pornography under Section 11-20.1B, 11-20.3, or 11-20.1
11    with sentencing under subsection (c-5) of Section 11-20.1
12    of the Criminal Code of 1961 or the Criminal Code of 2012,
13    if committed on or after January 1, 2009 and except as
14    provided in paragraph (4) or paragraph (6) of this
15    subsection (d), the term of mandatory supervised release
16    shall be as follows:
17            (A) Class X felony, 3 years;
18            (B) Class 1 or Class 2 felonies, 2 years;
19            (C) Class 3 or Class 4 felonies, 1 year.
20    (e) (Blank).
21    (f) (Blank).
22    (g) Notwithstanding any other provisions of this Act and
23of Public Act 101-652: (i) the provisions of paragraph (3) of
24subsection (d) are effective on July 1, 2022 and shall apply to
25all individuals convicted on or after the effective date of
26paragraph (3) of subsection (d); and (ii) the provisions of

 

 

HB2337- 643 -LRB103 05867 HEP 50888 b

1paragraphs (1.5) and (2) of subsection (d) are effective on
2July 1, 2021 and shall apply to all individuals convicted on or
3after the effective date of paragraphs (1.5) and (2) of
4subsection (d).
5(Source: P.A. 101-288, eff. 1-1-20; 101-652, eff. 7-1-21;
6102-28, eff. 6-25-21; 102-687, eff. 12-17-21; 102-694, eff.
71-7-22; 102-1104, eff. 12-6-22.)
 
8    (730 ILCS 5/5-8-4)  (from Ch. 38, par. 1005-8-4)
9    (Text of Section before amendment by P.A. 102-982)
10    Sec. 5-8-4. Concurrent and consecutive terms of
11imprisonment.
12    (a) Concurrent terms; multiple or additional sentences.
13When an Illinois court (i) imposes multiple sentences of
14imprisonment on a defendant at the same time or (ii) imposes a
15sentence of imprisonment on a defendant who is already subject
16to a sentence of imprisonment imposed by an Illinois court, a
17court of another state, or a federal court, then the sentences
18shall run concurrently unless otherwise determined by the
19Illinois court under this Section.
20    (b) Concurrent terms; misdemeanor and felony. A defendant
21serving a sentence for a misdemeanor who is convicted of a
22felony and sentenced to imprisonment shall be transferred to
23the Department of Corrections, and the misdemeanor sentence
24shall be merged in and run concurrently with the felony
25sentence.

 

 

HB2337- 644 -LRB103 05867 HEP 50888 b

1    (c) Consecutive terms; permissive. The court may impose
2consecutive sentences in any of the following circumstances:
3        (1) If, having regard to the nature and circumstances
4    of the offense and the history and character of the
5    defendant, it is the opinion of the court that consecutive
6    sentences are required to protect the public from further
7    criminal conduct by the defendant, the basis for which the
8    court shall set forth in the record.
9        (2) If one of the offenses for which a defendant was
10    convicted was a violation of Section 32-5.2 (aggravated
11    false personation of a peace officer) of the Criminal Code
12    of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision
13    (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of
14    1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the
15    offense was committed in attempting or committing a
16    forcible felony.
17        (3) If a person charged with a felony commits a
18    separate felony while on pretrial release or in pretrial
19    detention in a county jail facility or county detention
20    facility, then the sentences imposed upon conviction of
21    these felonies may be served consecutively regardless of
22    the order in which the judgments of conviction are
23    entered.
24        (4) If a person commits a battery against a county
25    correctional officer or sheriff's employee while serving a
26    sentence or in pretrial detention in a county jail

 

 

HB2337- 645 -LRB103 05867 HEP 50888 b

1    facility, then the sentence imposed upon conviction of the
2    battery may be served consecutively with the sentence
3    imposed upon conviction of the earlier misdemeanor or
4    felony, regardless of the order in which the judgments of
5    conviction are entered.
6        (5) If a person admitted to pretrial release following
7    conviction of a felony commits a separate felony while
8    released pretrial or if a person detained in a county jail
9    facility or county detention facility following conviction
10    of a felony commits a separate felony while in detention,
11    then any sentence following conviction of the separate
12    felony may be consecutive to that of the original sentence
13    for which the defendant was released pretrial or detained.
14        (6) If a person is found to be in possession of an item
15    of contraband, as defined in Section 31A-0.1 of the
16    Criminal Code of 2012, while serving a sentence in a
17    county jail or while in pretrial detention in a county
18    jail, the sentence imposed upon conviction for the offense
19    of possessing contraband in a penal institution may be
20    served consecutively to the sentence imposed for the
21    offense for which the person is serving a sentence in the
22    county jail or while in pretrial detention, regardless of
23    the order in which the judgments of conviction are
24    entered.
25        (7) If a person is sentenced for a violation of a
26    condition of pretrial release under Section 32-10 of the

 

 

HB2337- 646 -LRB103 05867 HEP 50888 b

1    Criminal Code of 1961 or the Criminal Code of 2012, any
2    sentence imposed for that violation may be served
3    consecutive to the sentence imposed for the charge for
4    which pretrial release had been granted and with respect
5    to which the defendant has been convicted.
6    (d) Consecutive terms; mandatory. The court shall impose
7consecutive sentences in each of the following circumstances:
8        (1) One of the offenses for which the defendant was
9    convicted was first degree murder or a Class X or Class 1
10    felony and the defendant inflicted severe bodily injury.
11        (2) The defendant was convicted of a violation of
12    Section 11-1.20 or 12-13 (criminal sexual assault),
13    11-1.30 or 12-14 (aggravated criminal sexual assault), or
14    11-1.40 or 12-14.1 (predatory criminal sexual assault of a
15    child) of the Criminal Code of 1961 or the Criminal Code of
16    2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3,
17    5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or
18    5/12-14.1).
19        (2.5) The defendant was convicted of a violation of
20    paragraph (1), (2), (3), (4), (5), or (7) of subsection
21    (a) of Section 11-20.1 (child pornography) or of paragraph
22    (1), (2), (3), (4), (5), or (7) of subsection (a) of
23    Section 11-20.1B or 11-20.3 (aggravated child pornography)
24    of the Criminal Code of 1961 or the Criminal Code of 2012;
25    or the defendant was convicted of a violation of paragraph
26    (6) of subsection (a) of Section 11-20.1 (child

 

 

HB2337- 647 -LRB103 05867 HEP 50888 b

1    pornography) or of paragraph (6) of subsection (a) of
2    Section 11-20.1B or 11-20.3 (aggravated child pornography)
3    of the Criminal Code of 1961 or the Criminal Code of 2012,
4    when the child depicted is under the age of 13.
5        (3) The defendant was convicted of armed violence
6    based upon the predicate offense of any of the following:
7    solicitation of murder, solicitation of murder for hire,
8    heinous battery as described in Section 12-4.1 or
9    subdivision (a)(2) of Section 12-3.05, aggravated battery
10    of a senior citizen as described in Section 12-4.6 or
11    subdivision (a)(4) of Section 12-3.05, criminal sexual
12    assault, a violation of subsection (g) of Section 5 of the
13    Cannabis Control Act (720 ILCS 550/5), cannabis
14    trafficking, a violation of subsection (a) of Section 401
15    of the Illinois Controlled Substances Act (720 ILCS
16    570/401), controlled substance trafficking involving a
17    Class X felony amount of controlled substance under
18    Section 401 of the Illinois Controlled Substances Act (720
19    ILCS 570/401), a violation of the Methamphetamine Control
20    and Community Protection Act (720 ILCS 646/), calculated
21    criminal drug conspiracy, or streetgang criminal drug
22    conspiracy.
23        (4) The defendant was convicted of the offense of
24    leaving the scene of a motor vehicle accident involving
25    death or personal injuries under Section 11-401 of the
26    Illinois Vehicle Code (625 ILCS 5/11-401) and either: (A)

 

 

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1    aggravated driving under the influence of alcohol, other
2    drug or drugs, or intoxicating compound or compounds, or
3    any combination thereof under Section 11-501 of the
4    Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
5    homicide under Section 9-3 of the Criminal Code of 1961 or
6    the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an
7    offense described in item (A) and an offense described in
8    item (B).
9        (5) The defendant was convicted of a violation of
10    Section 9-3.1 or Section 9-3.4 (concealment of homicidal
11    death) or Section 12-20.5 (dismembering a human body) of
12    the Criminal Code of 1961 or the Criminal Code of 2012 (720
13    ILCS 5/9-3.1 or 5/12-20.5).
14        (5.5) The defendant was convicted of a violation of
15    Section 24-3.7 (use of a stolen firearm in the commission
16    of an offense) of the Criminal Code of 1961 or the Criminal
17    Code of 2012.
18        (6) If the defendant was in the custody of the
19    Department of Corrections at the time of the commission of
20    the offense, the sentence shall be served consecutive to
21    the sentence under which the defendant is held by the
22    Department of Corrections. If, however, the defendant is
23    sentenced to punishment by death, the sentence shall be
24    executed at such time as the court may fix without regard
25    to the sentence under which the defendant may be held by
26    the Department.

 

 

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1        (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
2    for escape or attempted escape shall be served consecutive
3    to the terms under which the offender is held by the
4    Department of Corrections.
5        (8) (Blank). If a person charged with a felony commits
6    a separate felony while on pretrial release or in pretrial
7    detention in a county jail facility or county detention
8    facility, then the sentences imposed upon conviction of
9    these felonies shall be served consecutively regardless of
10    the order in which the judgments of conviction are
11    entered.
12        (8.5) (Blank). If a person commits a battery against a
13    county correctional officer or sheriff's employee while
14    serving a sentence or in pretrial detention in a county
15    jail facility, then the sentence imposed upon conviction
16    of the battery shall be served consecutively with the
17    sentence imposed upon conviction of the earlier
18    misdemeanor or felony, regardless of the order in which
19    the judgments of conviction are entered.
20        (9) (Blank). If a person admitted to bail following
21    conviction of a felony commits a separate felony while
22    free on bond or if a person detained in a county jail
23    facility or county detention facility following conviction
24    of a felony commits a separate felony while in detention,
25    then any sentence following conviction of the separate
26    felony shall be consecutive to that of the original

 

 

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1    sentence for which the defendant was on bond or detained.
2        (10) (Blank). If a person is found to be in possession
3    of an item of contraband, as defined in Section 31A-0.1 of
4    the Criminal Code of 2012, while serving a sentence in a
5    county jail or while in pre-trial detention in a county
6    jail, the sentence imposed upon conviction for the offense
7    of possessing contraband in a penal institution shall be
8    served consecutively to the sentence imposed for the
9    offense in which the person is serving sentence in the
10    county jail or serving pretrial detention, regardless of
11    the order in which the judgments of conviction are
12    entered.
13        (11) (Blank). If a person is sentenced for a violation
14    of bail bond under Section 32-10 of the Criminal Code of
15    1961 or the Criminal Code of 2012, any sentence imposed
16    for that violation shall be served consecutive to the
17    sentence imposed for the charge for which bail had been
18    granted and with respect to which the defendant has been
19    convicted.
20    (e) Consecutive terms; subsequent non-Illinois term. If an
21Illinois court has imposed a sentence of imprisonment on a
22defendant and the defendant is subsequently sentenced to a
23term of imprisonment by a court of another state or a federal
24court, then the Illinois sentence shall run consecutively to
25the sentence imposed by the court of the other state or the
26federal court. That same Illinois court, however, may order

 

 

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1that the Illinois sentence run concurrently with the sentence
2imposed by the court of the other state or the federal court,
3but only if the defendant applies to that same Illinois court
4within 30 days after the sentence imposed by the court of the
5other state or the federal court is finalized.
6    (f) Consecutive terms; aggregate maximums and minimums.
7The aggregate maximum and aggregate minimum of consecutive
8sentences shall be determined as follows:
9        (1) For sentences imposed under law in effect prior to
10    February 1, 1978, the aggregate maximum of consecutive
11    sentences shall not exceed the maximum term authorized
12    under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
13    Chapter V for the 2 most serious felonies involved. The
14    aggregate minimum period of consecutive sentences shall
15    not exceed the highest minimum term authorized under
16    Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
17    V for the 2 most serious felonies involved. When sentenced
18    only for misdemeanors, a defendant shall not be
19    consecutively sentenced to more than the maximum for one
20    Class A misdemeanor.
21        (2) For sentences imposed under the law in effect on
22    or after February 1, 1978, the aggregate of consecutive
23    sentences for offenses that were committed as part of a
24    single course of conduct during which there was no
25    substantial change in the nature of the criminal objective
26    shall not exceed the sum of the maximum terms authorized

 

 

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1    under Article 4.5 of Chapter V for the 2 most serious
2    felonies involved, but no such limitation shall apply for
3    offenses that were not committed as part of a single
4    course of conduct during which there was no substantial
5    change in the nature of the criminal objective. When
6    sentenced only for misdemeanors, a defendant shall not be
7    consecutively sentenced to more than the maximum for one
8    Class A misdemeanor.
9    (g) Consecutive terms; manner served. In determining the
10manner in which consecutive sentences of imprisonment, one or
11more of which is for a felony, will be served, the Department
12of Corrections shall treat the defendant as though he or she
13had been committed for a single term subject to each of the
14following:
15        (1) The maximum period of a term of imprisonment shall
16    consist of the aggregate of the maximums of the imposed
17    indeterminate terms, if any, plus the aggregate of the
18    imposed determinate sentences for felonies, plus the
19    aggregate of the imposed determinate sentences for
20    misdemeanors, subject to subsection (f) of this Section.
21        (2) The parole or mandatory supervised release term
22    shall be as provided in paragraph (e) of Section 5-4.5-50
23    (730 ILCS 5/5-4.5-50) for the most serious of the offenses
24    involved.
25        (3) The minimum period of imprisonment shall be the
26    aggregate of the minimum and determinate periods of

 

 

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1    imprisonment imposed by the court, subject to subsection
2    (f) of this Section.
3        (4) The defendant shall be awarded credit against the
4    aggregate maximum term and the aggregate minimum term of
5    imprisonment for all time served in an institution since
6    the commission of the offense or offenses and as a
7    consequence thereof at the rate specified in Section 3-6-3
8    (730 ILCS 5/3-6-3).
9    (h) Notwithstanding any other provisions of this Section,
10all sentences imposed by an Illinois court under this Code
11shall run concurrent to any and all sentences imposed under
12the Juvenile Court Act of 1987.
13(Source: P.A. 102-350, eff. 8-13-21.)
 
14    (Text of Section after amendment by P.A. 102-982)
15    Sec. 5-8-4. Concurrent and consecutive terms of
16imprisonment.
17    (a) Concurrent terms; multiple or additional sentences.
18When an Illinois court (i) imposes multiple sentences of
19imprisonment on a defendant at the same time or (ii) imposes a
20sentence of imprisonment on a defendant who is already subject
21to a sentence of imprisonment imposed by an Illinois court, a
22court of another state, or a federal court, then the sentences
23shall run concurrently unless otherwise determined by the
24Illinois court under this Section.
25    (b) Concurrent terms; misdemeanor and felony. A defendant

 

 

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1serving a sentence for a misdemeanor who is convicted of a
2felony and sentenced to imprisonment shall be transferred to
3the Department of Corrections, and the misdemeanor sentence
4shall be merged in and run concurrently with the felony
5sentence.
6    (c) Consecutive terms; permissive. The court may impose
7consecutive sentences in any of the following circumstances:
8        (1) If, having regard to the nature and circumstances
9    of the offense and the history and character of the
10    defendant, it is the opinion of the court that consecutive
11    sentences are required to protect the public from further
12    criminal conduct by the defendant, the basis for which the
13    court shall set forth in the record.
14        (2) If one of the offenses for which a defendant was
15    convicted was a violation of Section 32-5.2 (aggravated
16    false personation of a peace officer) of the Criminal Code
17    of 1961 (720 ILCS 5/32-5.2) or a violation of subdivision
18    (b)(5) or (b)(6) of Section 17-2 of the Criminal Code of
19    1961 or the Criminal Code of 2012 (720 ILCS 5/17-2) and the
20    offense was committed in attempting or committing a
21    forcible felony.
22        (3) If a person charged with a felony commits a
23    separate felony while on pretrial release or in pretrial
24    detention in a county jail facility or county detention
25    facility, then the sentences imposed upon conviction of
26    these felonies may be served consecutively regardless of

 

 

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1    the order in which the judgments of conviction are
2    entered.
3        (4) If a person commits a battery against a county
4    correctional officer or sheriff's employee while serving a
5    sentence or in pretrial detention in a county jail
6    facility, then the sentence imposed upon conviction of the
7    battery may be served consecutively with the sentence
8    imposed upon conviction of the earlier misdemeanor or
9    felony, regardless of the order in which the judgments of
10    conviction are entered.
11        (5) If a person admitted to pretrial release following
12    conviction of a felony commits a separate felony while
13    released pretrial or if a person detained in a county jail
14    facility or county detention facility following conviction
15    of a felony commits a separate felony while in detention,
16    then any sentence following conviction of the separate
17    felony may be consecutive to that of the original sentence
18    for which the defendant was released pretrial or detained.
19        (6) If a person is found to be in possession of an item
20    of contraband, as defined in Section 31A-0.1 of the
21    Criminal Code of 2012, while serving a sentence in a
22    county jail or while in pretrial detention in a county
23    jail, the sentence imposed upon conviction for the offense
24    of possessing contraband in a penal institution may be
25    served consecutively to the sentence imposed for the
26    offense for which the person is serving a sentence in the

 

 

HB2337- 656 -LRB103 05867 HEP 50888 b

1    county jail or while in pretrial detention, regardless of
2    the order in which the judgments of conviction are
3    entered.
4        (7) If a person is sentenced for a violation of a
5    condition of pretrial release under Section 32-10 of the
6    Criminal Code of 1961 or the Criminal Code of 2012, any
7    sentence imposed for that violation may be served
8    consecutive to the sentence imposed for the charge for
9    which pretrial release had been granted and with respect
10    to which the defendant has been convicted.
11    (d) Consecutive terms; mandatory. The court shall impose
12consecutive sentences in each of the following circumstances:
13        (1) One of the offenses for which the defendant was
14    convicted was first degree murder or a Class X or Class 1
15    felony and the defendant inflicted severe bodily injury.
16        (2) The defendant was convicted of a violation of
17    Section 11-1.20 or 12-13 (criminal sexual assault),
18    11-1.30 or 12-14 (aggravated criminal sexual assault), or
19    11-1.40 or 12-14.1 (predatory criminal sexual assault of a
20    child) of the Criminal Code of 1961 or the Criminal Code of
21    2012 (720 ILCS 5/11-20.1, 5/11-20.1B, 5/11-20.3,
22    5/11-1.20, 5/12-13, 5/11-1.30, 5/12-14, 5/11-1.40, or
23    5/12-14.1).
24        (2.5) The defendant was convicted of a violation of
25    paragraph (1), (2), (3), (4), (5), or (7) of subsection
26    (a) of Section 11-20.1 (child pornography) or of paragraph

 

 

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1    (1), (2), (3), (4), (5), or (7) of subsection (a) of
2    Section 11-20.1B or 11-20.3 (aggravated child pornography)
3    of the Criminal Code of 1961 or the Criminal Code of 2012;
4    or the defendant was convicted of a violation of paragraph
5    (6) of subsection (a) of Section 11-20.1 (child
6    pornography) or of paragraph (6) of subsection (a) of
7    Section 11-20.1B or 11-20.3 (aggravated child pornography)
8    of the Criminal Code of 1961 or the Criminal Code of 2012,
9    when the child depicted is under the age of 13.
10        (3) The defendant was convicted of armed violence
11    based upon the predicate offense of any of the following:
12    solicitation of murder, solicitation of murder for hire,
13    heinous battery as described in Section 12-4.1 or
14    subdivision (a)(2) of Section 12-3.05, aggravated battery
15    of a senior citizen as described in Section 12-4.6 or
16    subdivision (a)(4) of Section 12-3.05, criminal sexual
17    assault, a violation of subsection (g) of Section 5 of the
18    Cannabis Control Act (720 ILCS 550/5), cannabis
19    trafficking, a violation of subsection (a) of Section 401
20    of the Illinois Controlled Substances Act (720 ILCS
21    570/401), controlled substance trafficking involving a
22    Class X felony amount of controlled substance under
23    Section 401 of the Illinois Controlled Substances Act (720
24    ILCS 570/401), a violation of the Methamphetamine Control
25    and Community Protection Act (720 ILCS 646/), calculated
26    criminal drug conspiracy, or streetgang criminal drug

 

 

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1    conspiracy.
2        (4) The defendant was convicted of the offense of
3    leaving the scene of a motor vehicle crash involving death
4    or personal injuries under Section 11-401 of the Illinois
5    Vehicle Code (625 ILCS 5/11-401) and either: (A)
6    aggravated driving under the influence of alcohol, other
7    drug or drugs, or intoxicating compound or compounds, or
8    any combination thereof under Section 11-501 of the
9    Illinois Vehicle Code (625 ILCS 5/11-501), (B) reckless
10    homicide under Section 9-3 of the Criminal Code of 1961 or
11    the Criminal Code of 2012 (720 ILCS 5/9-3), or (C) both an
12    offense described in item (A) and an offense described in
13    item (B).
14        (5) The defendant was convicted of a violation of
15    Section 9-3.1 or Section 9-3.4 (concealment of homicidal
16    death) or Section 12-20.5 (dismembering a human body) of
17    the Criminal Code of 1961 or the Criminal Code of 2012 (720
18    ILCS 5/9-3.1 or 5/12-20.5).
19        (5.5) The defendant was convicted of a violation of
20    Section 24-3.7 (use of a stolen firearm in the commission
21    of an offense) of the Criminal Code of 1961 or the Criminal
22    Code of 2012.
23        (6) If the defendant was in the custody of the
24    Department of Corrections at the time of the commission of
25    the offense, the sentence shall be served consecutive to
26    the sentence under which the defendant is held by the

 

 

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1    Department of Corrections. If, however, the defendant is
2    sentenced to punishment by death, the sentence shall be
3    executed at such time as the court may fix without regard
4    to the sentence under which the defendant may be held by
5    the Department.
6        (7) A sentence under Section 3-6-4 (730 ILCS 5/3-6-4)
7    for escape or attempted escape shall be served consecutive
8    to the terms under which the offender is held by the
9    Department of Corrections.
10        (8) (Blank). If a person charged with a felony commits
11    a separate felony while on pretrial release or in pretrial
12    detention in a county jail facility or county detention
13    facility, then the sentences imposed upon conviction of
14    these felonies shall be served consecutively regardless of
15    the order in which the judgments of conviction are
16    entered.
17        (8.5) (Blank). If a person commits a battery against a
18    county correctional officer or sheriff's employee while
19    serving a sentence or in pretrial detention in a county
20    jail facility, then the sentence imposed upon conviction
21    of the battery shall be served consecutively with the
22    sentence imposed upon conviction of the earlier
23    misdemeanor or felony, regardless of the order in which
24    the judgments of conviction are entered.
25        (9) (Blank). If a person admitted to bail following
26    conviction of a felony commits a separate felony while

 

 

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1    free on bond or if a person detained in a county jail
2    facility or county detention facility following conviction
3    of a felony commits a separate felony while in detention,
4    then any sentence following conviction of the separate
5    felony shall be consecutive to that of the original
6    sentence for which the defendant was on bond or detained.
7        (10) (Blank). If a person is found to be in possession
8    of an item of contraband, as defined in Section 31A-0.1 of
9    the Criminal Code of 2012, while serving a sentence in a
10    county jail or while in pre-trial detention in a county
11    jail, the sentence imposed upon conviction for the offense
12    of possessing contraband in a penal institution shall be
13    served consecutively to the sentence imposed for the
14    offense in which the person is serving sentence in the
15    county jail or serving pretrial detention, regardless of
16    the order in which the judgments of conviction are
17    entered.
18        (11) (Blank). If a person is sentenced for a violation
19    of bail bond under Section 32-10 of the Criminal Code of
20    1961 or the Criminal Code of 2012, any sentence imposed
21    for that violation shall be served consecutive to the
22    sentence imposed for the charge for which bail had been
23    granted and with respect to which the defendant has been
24    convicted.
25    (e) Consecutive terms; subsequent non-Illinois term. If an
26Illinois court has imposed a sentence of imprisonment on a

 

 

HB2337- 661 -LRB103 05867 HEP 50888 b

1defendant and the defendant is subsequently sentenced to a
2term of imprisonment by a court of another state or a federal
3court, then the Illinois sentence shall run consecutively to
4the sentence imposed by the court of the other state or the
5federal court. That same Illinois court, however, may order
6that the Illinois sentence run concurrently with the sentence
7imposed by the court of the other state or the federal court,
8but only if the defendant applies to that same Illinois court
9within 30 days after the sentence imposed by the court of the
10other state or the federal court is finalized.
11    (f) Consecutive terms; aggregate maximums and minimums.
12The aggregate maximum and aggregate minimum of consecutive
13sentences shall be determined as follows:
14        (1) For sentences imposed under law in effect prior to
15    February 1, 1978, the aggregate maximum of consecutive
16    sentences shall not exceed the maximum term authorized
17    under Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of
18    Chapter V for the 2 most serious felonies involved. The
19    aggregate minimum period of consecutive sentences shall
20    not exceed the highest minimum term authorized under
21    Section 5-8-1 (730 ILCS 5/5-8-1) or Article 4.5 of Chapter
22    V for the 2 most serious felonies involved. When sentenced
23    only for misdemeanors, a defendant shall not be
24    consecutively sentenced to more than the maximum for one
25    Class A misdemeanor.
26        (2) For sentences imposed under the law in effect on

 

 

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1    or after February 1, 1978, the aggregate of consecutive
2    sentences for offenses that were committed as part of a
3    single course of conduct during which there was no
4    substantial change in the nature of the criminal objective
5    shall not exceed the sum of the maximum terms authorized
6    under Article 4.5 of Chapter V for the 2 most serious
7    felonies involved, but no such limitation shall apply for
8    offenses that were not committed as part of a single
9    course of conduct during which there was no substantial
10    change in the nature of the criminal objective. When
11    sentenced only for misdemeanors, a defendant shall not be
12    consecutively sentenced to more than the maximum for one
13    Class A misdemeanor.
14    (g) Consecutive terms; manner served. In determining the
15manner in which consecutive sentences of imprisonment, one or
16more of which is for a felony, will be served, the Department
17of Corrections shall treat the defendant as though he or she
18had been committed for a single term subject to each of the
19following:
20        (1) The maximum period of a term of imprisonment shall
21    consist of the aggregate of the maximums of the imposed
22    indeterminate terms, if any, plus the aggregate of the
23    imposed determinate sentences for felonies, plus the
24    aggregate of the imposed determinate sentences for
25    misdemeanors, subject to subsection (f) of this Section.
26        (2) The parole or mandatory supervised release term

 

 

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1    shall be as provided in paragraph (e) of Section 5-4.5-50
2    (730 ILCS 5/5-4.5-50) for the most serious of the offenses
3    involved.
4        (3) The minimum period of imprisonment shall be the
5    aggregate of the minimum and determinate periods of
6    imprisonment imposed by the court, subject to subsection
7    (f) of this Section.
8        (4) The defendant shall be awarded credit against the
9    aggregate maximum term and the aggregate minimum term of
10    imprisonment for all time served in an institution since
11    the commission of the offense or offenses and as a
12    consequence thereof at the rate specified in Section 3-6-3
13    (730 ILCS 5/3-6-3).
14    (h) Notwithstanding any other provisions of this Section,
15all sentences imposed by an Illinois court under this Code
16shall run concurrent to any and all sentences imposed under
17the Juvenile Court Act of 1987.
18(Source: P.A. 102-350, eff. 8-13-21; 102-982, eff. 7-1-23;
19102-1104, eff. 12-6-22.)
 
20    (730 ILCS 5/5-8-6)  (from Ch. 38, par. 1005-8-6)
21    Sec. 5-8-6. Place of confinement.
22    (a) Except as otherwise provided in this subsection (a),
23offenders Offenders sentenced to a term of imprisonment for a
24felony shall be committed to the penitentiary system of the
25Department of Corrections. However, such sentence shall not

 

 

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1limit the powers of the Department of Children and Family
2Services in relation to any child under the age of one year in
3the sole custody of a person so sentenced, nor in relation to
4any child delivered by a female so sentenced while she is so
5confined as a consequence of such sentence. Except as
6otherwise provided in this subsection (a), a A person
7sentenced for a felony may be assigned by the Department of
8Corrections to any of its institutions, facilities or
9programs. An offender sentenced to a term of imprisonment for
10a Class 3 or 4 felony, other than a violent crime as defined in
11Section 3 of the Rights of Crime Victims and Witnesses Act, in
12which the sentencing order indicates that the offender has
13less than 4 months remaining on his or her sentence accounting
14for time served may not be confined in the penitentiary system
15of the Department of Corrections but may be assigned to
16electronic home detention under Article 8A of this Chapter V,
17an adult transition center, or another facility or program
18within the Department of Corrections.
19    (b) Offenders sentenced to a term of imprisonment for less
20than one year shall be committed to the custody of the sheriff.
21A person committed to the Department of Corrections, prior to
22July 14, 1983, for less than one year may be assigned by the
23Department to any of its institutions, facilities or programs.
24    (c) All offenders under 18 years of age when sentenced to
25imprisonment shall be committed to the Department of Juvenile
26Justice and the court in its order of commitment shall set a

 

 

HB2337- 665 -LRB103 05867 HEP 50888 b

1definite term. The provisions of Section 3-3-3 shall be a part
2of such commitment as fully as though written in the order of
3commitment. The place of confinement for sentences imposed
4before the effective date of this amendatory Act of the 99th
5General Assembly are not affected or abated by this amendatory
6Act of the 99th General Assembly.
7    (d) No defendant shall be committed to the Department of
8Corrections for the recovery of a fine or costs.
9    (e) When a court sentences a defendant to a term of
10imprisonment concurrent with a previous and unexpired sentence
11of imprisonment imposed by any district court of the United
12States, it may commit the offender to the custody of the
13Attorney General of the United States. The Attorney General of
14the United States, or the authorized representative of the
15Attorney General of the United States, shall be furnished with
16the warrant of commitment from the court imposing sentence,
17which warrant of commitment shall provide that, when the
18offender is released from federal confinement, whether by
19parole or by termination of sentence, the offender shall be
20transferred by the Sheriff of the committing county to the
21Department of Corrections. The court shall cause the
22Department to be notified of such sentence at the time of
23commitment and to be provided with copies of all records
24regarding the sentence.
25(Source: P.A. 99-628, eff. 1-1-17; 101-652.)
 

 

 

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1    (730 ILCS 5/5-8A-2)  (from Ch. 38, par. 1005-8A-2)
2    Sec. 5-8A-2. Definitions. As used in this Article:
3    (A) "Approved electronic monitoring device" means a device
4approved by the supervising authority which is primarily
5intended to record or transmit information as to the
6defendant's presence or nonpresence in the home, consumption
7of alcohol, consumption of drugs, location as determined
8through GPS, cellular triangulation, Wi-Fi, or other
9electronic means.
10    An approved electronic monitoring device may record or
11transmit: oral or wire communications or an auditory sound;
12visual images; or information regarding the offender's
13activities while inside the offender's home. These devices are
14subject to the required consent as set forth in Section 5-8A-5
15of this Article.
16    An approved electronic monitoring device may be used to
17record a conversation between the participant and the
18monitoring device, or the participant and the person
19supervising the participant solely for the purpose of
20identification and not for the purpose of eavesdropping or
21conducting any other illegally intrusive monitoring.
22    (A-10) "Department" means the Department of Corrections or
23the Department of Juvenile Justice.
24    (A-20) "Electronic monitoring" means the monitoring of an
25inmate, person, or offender with an electronic device both
26within and outside of their home under the terms and

 

 

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1conditions established by the supervising authority.
2    (B) "Excluded offenses" means first degree murder, escape,
3predatory criminal sexual assault of a child, aggravated
4criminal sexual assault, criminal sexual assault, aggravated
5battery with a firearm as described in Section 12-4.2 or
6subdivision (e)(1), (e)(2), (e)(3), or (e)(4) of Section
712-3.05, bringing or possessing a firearm, ammunition or
8explosive in a penal institution, any "Super-X" drug offense
9or calculated criminal drug conspiracy or streetgang criminal
10drug conspiracy, or any predecessor or successor offenses with
11the same or substantially the same elements, or any inchoate
12offenses relating to the foregoing offenses.
13    (B-10) "GPS" means a device or system which utilizes the
14Global Positioning Satellite system for determining the
15location of a person, inmate or offender.
16    (C) "Home detention" means the confinement of a person
17convicted or charged with an offense to his or her place of
18residence under the terms and conditions established by the
19supervising authority. Confinement need not be 24 hours per
20day to qualify as home detention, and significant restrictions
21on liberty such as 7pm to 7am curfews shall qualify. Home
22confinement may or may not be accompanied by electronic
23monitoring, and electronic monitoring is not required for
24purposes of sentencing credit.
25    (D) "Participant" means an inmate or offender placed into
26an electronic monitoring program.

 

 

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1    (E) "Supervising authority" means the Department of
2Corrections, the Department of Juvenile Justice, probation
3department, a Chief Judge's office, pretrial services division
4or department, sheriff, superintendent of municipal house of
5corrections or any other officer or agency charged with
6authorizing and supervising electronic monitoring and home
7detention.
8    (F) "Super-X drug offense" means a violation of Section
9401(a)(1)(B), (C), or (D); Section 401(a)(2)(B), (C), or (D);
10Section 401(a)(3)(B), (C), or (D); or Section 401(a)(7)(B),
11(C), or (D) of the Illinois Controlled Substances Act.
12    (G) "Wi-Fi" or "WiFi" means a device or system which
13utilizes a wireless local area network for determining the
14location of a person, inmate or offender.
15(Source: P.A. 99-797, eff. 8-12-16; 101-652.)
 
16    (730 ILCS 5/5-8A-4)  (from Ch. 38, par. 1005-8A-4)
17    Sec. 5-8A-4. Program description. The supervising
18authority may promulgate rules that prescribe reasonable
19guidelines under which an electronic monitoring and home
20detention program shall operate. When using electronic
21monitoring for home detention these rules shall may include,
22but not be limited to, the following:
23        (A) The participant may be instructed to shall remain
24    within the interior premises or within the property
25    boundaries of his or her residence at all times during the

 

 

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1    hours designated by the supervising authority. Such
2    instances of approved absences from the home shall may
3    include, but are not limited to, the following:
4            (1) working or employment approved by the court or
5        traveling to or from approved employment;
6            (2) unemployed and seeking employment approved for
7        the participant by the court;
8            (3) undergoing medical, psychiatric, mental health
9        treatment, counseling, or other treatment programs
10        approved for the participant by the court;
11            (4) attending an educational institution or a
12        program approved for the participant by the court;
13            (5) attending a regularly scheduled religious
14        service at a place of worship;
15            (6) participating in community work release or
16        community service programs approved for the
17        participant by the supervising authority; or
18            (7) for another compelling reason consistent with
19        the public interest, as approved by the supervising
20        authority; or .
21            (8) purchasing groceries, food, or other basic
22        necessities.
23        (A-1) At a minimum, any person ordered to pretrial
24    home confinement with or without electronic monitoring
25    must be provided with movement spread out over no fewer
26    than two days per week, to participate in basic activities

 

 

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1    such as those listed in paragraph (A). In this subdivision
2    (A-1), "days" means a reasonable time period during a
3    calendar day, as outlined by the court in the order
4    placing the person on home confinement.
5        (B) The participant shall admit any person or agent
6    designated by the supervising authority into his or her
7    residence at any time for purposes of verifying the
8    participant's compliance with the conditions of his or her
9    detention.
10        (C) The participant shall make the necessary
11    arrangements to allow for any person or agent designated
12    by the supervising authority to visit the participant's
13    place of education or employment at any time, based upon
14    the approval of the educational institution employer or
15    both, for the purpose of verifying the participant's
16    compliance with the conditions of his or her detention.
17        (D) The participant shall acknowledge and participate
18    with the approved electronic monitoring device as
19    designated by the supervising authority at any time for
20    the purpose of verifying the participant's compliance with
21    the conditions of his or her detention.
22        (E) The participant shall maintain the following:
23            (1) access to a working telephone in the
24        participant's home;
25            (2) a monitoring device in the participant's home,
26        or on the participant's person, or both; and

 

 

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1            (3) a monitoring device in the participant's home
2        and on the participant's person in the absence of a
3        telephone.
4        (F) The participant shall obtain approval from the
5    supervising authority before the participant changes
6    residence or the schedule described in subsection (A) of
7    this Section. Such approval shall not be unreasonably
8    withheld.
9        (G) The participant shall not commit another crime
10    during the period of home detention ordered by the Court.
11        (H) Notice to the participant that violation of the
12    order for home detention may subject the participant to
13    prosecution for the crime of escape as described in
14    Section 5-8A-4.1.
15        (I) The participant shall abide by other conditions as
16    set by the supervising authority.
17        (J) This Section takes effect January 1, 2022.
18(Source: P.A. 101-652, eff. 7-1-21; 102-28, eff. 6-25-21;
19102-687, eff. 12-17-21; 102-1104, eff. 12-6-22.)
 
20    (730 ILCS 5/5-8A-4.1)
21    Sec. 5-8A-4.1. Escape; failure to comply with a condition
22of the electronic monitoring or home detention program.
23    (a) A person charged with or convicted of a felony, or
24charged with or adjudicated delinquent for an act which, if
25committed by an adult, would constitute a felony,

 

 

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1conditionally released from the supervising authority through
2an electronic monitoring or home detention program, who
3knowingly escapes or leaves from the geographic boundaries of
4an electronic monitoring or home detention program with the
5intent to evade prosecution violates a condition of the
6electronic monitoring or home detention program is guilty of a
7Class 3 felony.
8    (b) A person charged with or convicted of a misdemeanor,
9or charged with or adjudicated delinquent for an act which, if
10committed by an adult, would constitute a misdemeanor,
11conditionally released from the supervising authority through
12an electronic monitoring or home detention program, who
13knowingly escapes or leaves from the geographic boundaries of
14an electronic monitoring or home detention program with the
15intent to evade prosecution violates a condition of the
16electronic monitoring or home detention program is guilty of a
17Class B misdemeanor.
18    (c) A person who violates this Section while armed with a
19dangerous weapon is guilty of a Class 1 felony.
20(Source: P.A. 101-652, eff. 7-1-21; 102-1104, eff. 12-6-22.)
 
21    (730 ILCS 5/5-6-3.8 rep.)
22    (730 ILCS 5/5-8A-4.15 rep.)
23    Section 1-265. The Unified Code of Corrections is amended
24by repealing Sections 5-6-3.8 and 5-8A-4.15.
 

 

 

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1    Section 1-270. The Probation and Probation Officers Act is
2amended by changing Section 18 as follows:
 
3    (730 ILCS 110/18)
4    Sec. 18. Probation and court services departments
5considered pretrial services agencies. For the purposes of
6administering the provisions of Public Act 95-773, known as
7the Cindy Bischof Law, all probation and court services
8departments are to be considered pretrial services agencies
9under the Pretrial Services Act and under the pretrial release
10bail bond provisions of the Code of Criminal Procedure of
111963.
12(Source: P.A. 96-341, eff. 8-11-09; 101-652.)
 
13    Section 1-275. The County Jail Act is amended by changing
14Section 5 as follows:
 
15    (730 ILCS 125/5)  (from Ch. 75, par. 105)
16    Sec. 5. Costs of maintaining prisoners.
17    (a) Except as provided in subsections (b) and (c), all
18costs of maintaining persons committed for violations of
19Illinois law, shall be the responsibility of the county.
20Except as provided in subsection (b), all costs of maintaining
21persons committed under any ordinance or resolution of a unit
22of local government, including medical costs, is the
23responsibility of the unit of local government enacting the

 

 

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1ordinance or resolution, and arresting the person.
2    (b) If a person who is serving a term of mandatory
3supervised release for a felony is incarcerated in a county
4jail, the Illinois Department of Corrections shall pay the
5county in which that jail is located one-half of the cost of
6incarceration, as calculated by the Governor's Office of
7Management and Budget and the county's chief financial
8officer, for each day that the person remains in the county
9jail after notice of the incarceration is given to the
10Illinois Department of Corrections by the county, provided
11that (i) the Illinois Department of Corrections has issued a
12warrant for an alleged violation of mandatory supervised
13release by the person; (ii) if the person is incarcerated on a
14new charge, unrelated to the offense for which he or she is on
15mandatory supervised release, there has been a court hearing
16at which the conditions of pretrial release have bail has been
17set on the new charge; (iii) the county has notified the
18Illinois Department of Corrections that the person is
19incarcerated in the county jail, which notice shall not be
20given until the bail hearing has concluded, if the person is
21incarcerated on a new charge; and (iv) the person remains
22incarcerated in the county jail for more than 48 hours after
23the notice has been given to the Department of Corrections by
24the county. Calculation of the per diem cost shall be agreed
25upon prior to the passage of the annual State budget.
26    (c) If a person who is serving a term of mandatory

 

 

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1supervised release is incarcerated in a county jail, following
2an arrest on a warrant issued by the Illinois Department of
3Corrections, solely for violation of a condition of mandatory
4supervised release and not on any new charges for a new
5offense, then the Illinois Department of Corrections shall pay
6the medical costs incurred by the county in securing treatment
7for that person, for any injury or condition other than one
8arising out of or in conjunction with the arrest of the person
9or resulting from the conduct of county personnel, while he or
10she remains in the county jail on the warrant issued by the
11Illinois Department of Corrections.
12(Source: P.A. 94-678, eff. 1-1-06; 94-1094, eff. 1-26-07;
13101-652.)
 
14    Section 1-280. The County Jail Good Behavior Allowance Act
15is amended by changing Section 3 as follows:
 
16    (730 ILCS 130/3)  (from Ch. 75, par. 32)
17    Sec. 3. The good behavior of any person who commences a
18sentence of confinement in a county jail for a fixed term of
19imprisonment after January 1, 1987 shall entitle such person
20to a good behavior allowance, except that: (1) a person who
21inflicted physical harm upon another person in committing the
22offense for which he is confined shall receive no good
23behavior allowance; and (2) a person sentenced for an offense
24for which the law provides a mandatory minimum sentence shall

 

 

HB2337- 676 -LRB103 05867 HEP 50888 b

1not receive any portion of a good behavior allowance that
2would reduce the sentence below the mandatory minimum; and (3)
3a person sentenced to a county impact incarceration program;
4and (4) a person who is convicted of criminal sexual assault
5under subdivision (a)(3) of Section 11-1.20 or paragraph
6(a)(3) of Section 12-13 of the Criminal Code of 1961 or the
7Criminal Code of 2012, criminal sexual abuse, or aggravated
8criminal sexual abuse shall receive no good behavior
9allowance. The good behavior allowance provided for in this
10Section shall not apply to individuals sentenced for a felony
11to probation or conditional discharge where a condition of
12such probation or conditional discharge is that the individual
13serve a sentence of periodic imprisonment or to individuals
14sentenced under an order of court for civil contempt.
15    Such good behavior allowance shall be cumulative and
16awarded as provided in this Section.
17    The good behavior allowance rate shall be cumulative and
18awarded on the following basis:
19    The prisoner shall receive one day of good behavior
20allowance for each day of service of sentence in the county
21jail, and one day of good behavior allowance for each day of
22incarceration in the county jail before sentencing for the
23offense that he or she is currently serving sentence but was
24unable to comply with the conditions of pretrial release post
25bail before sentencing, except that a prisoner serving a
26sentence of periodic imprisonment under Section 5-7-1 of the

 

 

HB2337- 677 -LRB103 05867 HEP 50888 b

1Unified Code of Corrections shall only be eligible to receive
2good behavior allowance if authorized by the sentencing judge.
3Each day of good behavior allowance shall reduce by one day the
4prisoner's period of incarceration set by the court. For the
5purpose of calculating a prisoner's good behavior allowance, a
6fractional part of a day shall not be calculated as a day of
7service of sentence in the county jail unless the fractional
8part of the day is over 12 hours in which case a whole day
9shall be credited on the good behavior allowance.
10    If consecutive sentences are served and the time served
11amounts to a total of one year or more, the good behavior
12allowance shall be calculated on a continuous basis throughout
13the entire time served beginning on the first date of sentence
14or incarceration, as the case may be.
15(Source: P.A. 96-1551, eff. 7-1-11; 97-1150, eff. 1-25-13;
16101-652.)
 
17    Section 1-285. The Veterans and Servicemembers Court
18Treatment Act is amended by changing Section 20 as follows:
 
19    (730 ILCS 167/20)
20    Sec. 20. Eligibility. Veterans and servicemembers are
21eligible for veterans and servicemembers courts, provided the
22following:
23        (a) A defendant may be admitted into a veterans and
24    servicemembers court program only upon the consent of the

 

 

HB2337- 678 -LRB103 05867 HEP 50888 b

1    defendant and with the approval of the court. A defendant
2    agrees to be admitted when a written consent to
3    participate is provided to the court in open court and the
4    defendant acknowledges understanding of its contents.
5        (a-5) Each veterans and servicemembers court shall
6    have a target population defined in its written policies
7    and procedures. The policies and procedures shall define
8    that court's eligibility and exclusionary criteria.
9        (b) A defendant shall be excluded from a veterans
10    Veterans and servicemembers court Servicemembers Court
11    program if any of one of the following applies:
12            (1) The crime is a crime of violence as set forth
13        in paragraph (3) of this subsection (b).
14            (2) The defendant does not demonstrate a
15        willingness to participate in a treatment program.
16            (3) The defendant has been convicted of a crime of
17        violence within the past 5 years excluding
18        incarceration time, parole, and periods of mandatory
19        supervised release. As used in this paragraph, "crime
20        of violence" means: first degree murder, second degree
21        murder, predatory criminal sexual assault of a child,
22        aggravated criminal sexual assault, criminal sexual
23        assault, armed robbery, aggravated arson, arson,
24        aggravated kidnapping and kidnapping, aggravated
25        battery resulting in great bodily harm or permanent
26        disability, aggravated domestic battery resulting in

 

 

HB2337- 679 -LRB103 05867 HEP 50888 b

1        great bodily harm or permanent disability, aggravated
2        criminal sexual abuse by a person in a position of
3        trust or authority over a child, stalking, aggravated
4        stalking, home invasion, aggravated vehicular
5        hijacking, or any offense involving the discharge of a
6        firearm.
7            (4) The defendant is charged with a violation of
8        subparagraph (F) of paragraph (1) of subsection (d) of
9        Section 11-501 of the Illinois Vehicle Code in which
10        an individual is charged with aggravated driving under
11        the influence that resulted in the death of another
12        person or when the violation was a proximate cause of
13        the death, unless, pursuant to subparagraph (G) of
14        paragraph (1) of subsection (d) of Section 11-501 of
15        the Illinois Vehicle Code, the court determines that
16        extraordinary circumstances exist and require
17        probation.
18            (5) The crime for which the defendant has been
19        convicted is non-probationable. (Blank).
20            (6) (Blank).
21        (c) Notwithstanding subsection (a), the defendant may
22    be admitted into a veterans and servicemembers court
23    program only upon the agreement of the prosecutor if the
24    defendant is charged with a Class 2 or greater felony
25    violation of:
26            (1) Section 401, 401.1, 405, or 405.2 of the

 

 

HB2337- 680 -LRB103 05867 HEP 50888 b

1        Illinois Controlled Substances Act;
2            (2) Section 5, 5.1, or 5.2 of the Cannabis Control
3        Act; or
4            (3) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56,
5        or 65 of the Methamphetamine Control and Community
6        Protection Act.
7(Source: P.A. 101-652, eff. 7-1-21; 102-1041, eff. 6-2-22;
8revised 8-19-22.)
 
9    Section 1-290. The Mental Health Court Treatment Act is
10amended by changing Section 20 as follows:
 
11    (730 ILCS 168/20)
12    Sec. 20. Eligibility.
13    (a) A defendant may be admitted into a mental health court
14program only upon the consent of the defendant and with the
15approval of the court. A defendant agrees to be admitted when a
16written consent to participate is provided to the court in
17open court and the defendant acknowledges understanding its
18contents.
19    (a-5) Each mental health court shall have a target
20population defined in its written policies and procedures. The
21policies and procedures shall define that court's eligibility
22and exclusionary criteria.
23    (b) A defendant shall be excluded from a mental health
24court program if any one of the following applies:

 

 

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1        (1) The crime is a crime of violence as set forth in
2    paragraph (3) of this subsection (b).
3        (2) The defendant does not demonstrate a willingness
4    to participate in a treatment program.
5        (3) The defendant has been convicted of a crime of
6    violence within the past 5 years excluding incarceration
7    time, parole, and periods of mandatory supervised release.
8    As used in this paragraph (3), "crime of violence" means:
9    first degree murder, second degree murder, predatory
10    criminal sexual assault of a child, aggravated criminal
11    sexual assault, criminal sexual assault, armed robbery,
12    aggravated arson, arson, aggravated kidnapping,
13    kidnapping, aggravated battery resulting in great bodily
14    harm or permanent disability, aggravated domestic battery
15    resulting in great bodily harm or permanent disability,
16    aggravated criminal sexual abuse by a person in a position
17    of trust or authority over a child, stalking, aggravated
18    stalking, home invasion, aggravated vehicular hijacking,
19    or any offense involving the discharge of a firearm.
20        (4) The defendant is charged with a violation of
21    subparagraph (F) of paragraph (1) of subsection (d) of
22    Section 11-501 of the Illinois Vehicle Code in which an
23    individual is charged with aggravated driving under the
24    influence that resulted in the death of another person or
25    when the violation was a proximate cause of the death,
26    unless, pursuant to subparagraph (G) of paragraph (1) of

 

 

HB2337- 682 -LRB103 05867 HEP 50888 b

1    subsection (d) of Section 11-501 of the Illinois Vehicle
2    Code, the court determines that extraordinary
3    circumstances exist and require probation.
4        (5) The crime for which the defendant has been
5    convicted is non-probationable. (Blank).
6        (6) (Blank).
7    (c) Notwithstanding subsection (a), the defendant may be
8admitted into a mental health court program only upon the
9agreement of the prosecutor if the defendant is charged with a
10Class 2 or greater felony violation of:
11        (1) Section 401, 401.1, 405, or 405.2 of the Illinois
12    Controlled Substances Act;
13        (2) Section 5, 5.1, or 5.2 of the Cannabis Control
14    Act; or
15        (3) Section 15, 20, 25, 30, 35, 40, 45, 50, 55, 56, or
16    65 of the Methamphetamine Control and Community Protection
17    Act.
18(Source: P.A. 101-652, eff. 7-1-21; 102-1041, eff. 6-2-22.)
 
19    Section 1-295. The Code of Civil Procedure is amended by
20changing Sections 10-106, 10-125, 10-127, 10-135, 10-136, and
2121-103 as follows:
 
22    (735 ILCS 5/10-106)  (from Ch. 110, par. 10-106)
23    Sec. 10-106. Grant of relief - Penalty. Unless it shall
24appear from the complaint itself, or from the documents

 

 

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1thereto annexed, that the party can neither be discharged,
2admitted to pretrial release bail nor otherwise relieved, the
3court shall forthwith award relief by habeas corpus. Any judge
4empowered to grant relief by habeas corpus who shall corruptly
5refuse to grant the relief when legally applied for in a case
6where it may lawfully be granted, or who shall for the purpose
7of oppression unreasonably delay the granting of such relief
8shall, for every such offense, forfeit to the prisoner or
9party affected a sum not exceeding $1,000.
10(Source: P.A. 83-707; 101-652.)
 
11    (735 ILCS 5/10-125)  (from Ch. 110, par. 10-125)
12    Sec. 10-125. New commitment. In all cases where the
13imprisonment is for a criminal, or supposed criminal matter,
14if it appears to the court that there is sufficient legal cause
15for the commitment of the prisoner, although such commitment
16may have been informally made, or without due authority, or
17the process may have been executed by a person not duly
18authorized, the court shall make a new commitment in proper
19form, and direct it to the proper officer, or admit the party
20to pretrial release bail if the case is eligible for pretrial
21release bailable. The court shall also, when necessary, take
22the recognizance of all material witnesses against the
23prisoner, as in other cases. The recognizances shall be in the
24form provided by law, and returned as other recognizances. If
25any judge shall neglect or refuse to bind any such prisoner or

 

 

HB2337- 684 -LRB103 05867 HEP 50888 b

1witness by recognizance, or to return a recognizance when
2taken as hereinabove stated, he or she shall be guilty of a
3Class A misdemeanor in office, and be proceeded against
4accordingly.
5(Source: P.A. 82-280; 101-652.)
 
6    (735 ILCS 5/10-127)  (from Ch. 110, par. 10-127)
7    Sec. 10-127. Grant of habeas corpus. It is not lawful for
8any court, on a second order of habeas corpus obtained by such
9prisoner, to discharge the prisoner, if he or she is clearly
10and specifically charged in the warrant of commitment with a
11criminal offense; but the court shall, on the return of such
12second order, have power only to admit such prisoner to
13pretrial release bail where the offense is eligible for
14pretrial release bailable by law, or remand him or her to
15prison where the offense is not eligible for pretrial release
16bailable, or being eligible for pretrial release bailable,
17where such prisoner fails to comply with the terms of pretrial
18release give the bail required.
19(Source: P.A. 82-280; 101-652.)
 
20    (735 ILCS 5/10-135)  (from Ch. 110, par. 10-135)
21    Sec. 10-135. Habeas corpus to testify. The several courts
22having authority to grant relief by habeas corpus, may enter
23orders, when necessary, to bring before them any prisoner to
24testify, or to be surrendered in discharge of pretrial release

 

 

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1bail, or for trial upon any criminal charge lawfully pending
2in the same court or to testify in a criminal proceeding in
3another state as provided for by Section 2 of the "Uniform Act
4to secure the attendance of witnesses from within or without a
5state in criminal proceedings", approved July 23, 1959, as
6heretofore or hereafter amended; and the order may be directed
7to any county in the State, and there be served and returned by
8any officer to whom it is directed.
9(Source: P.A. 82-280; 101-652.)
 
10    (735 ILCS 5/10-136)  (from Ch. 110, par. 10-136)
11    Sec. 10-136. Prisoner remanded or punished. After a
12prisoner has given his or her testimony, or been surrendered,
13or his or her pretrial release bail discharged, or he or she
14has been tried for the crime with which he or she is charged,
15he or she shall be returned to the jail or other place of
16confinement from which he or she was taken for that purpose. If
17such prisoner is convicted of a crime punishable with death or
18imprisonment in the penitentiary, he or she may be punished
19accordingly; but in any case where the prisoner has been taken
20from the penitentiary, and his or her punishment is by
21imprisonment, the time of such imprisonment shall not commence
22to run until the expiration of the time of service under any
23former sentence.
24(Source: P.A. 82-280; 101-652.)
 

 

 

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1    (735 ILCS 5/21-103)
2    Sec. 21-103. Notice by publication.
3    (a) Previous notice shall be given of the intended
4application by publishing a notice thereof in some newspaper
5published in the municipality in which the person resides if
6the municipality is in a county with a population under
72,000,000, or if the person does not reside in a municipality
8in a county with a population under 2,000,000, or if no
9newspaper is published in the municipality or if the person
10resides in a county with a population of 2,000,000 or more,
11then in some newspaper published in the county where the
12person resides, or if no newspaper is published in that
13county, then in some convenient newspaper published in this
14State. The notice shall be inserted for 3 consecutive weeks
15after filing, the first insertion to be at least 6 weeks before
16the return day upon which the petition is to be heard, and
17shall be signed by the petitioner or, in case of a minor, the
18minor's parent or guardian, and shall set forth the return day
19of court on which the petition is to be heard and the name
20sought to be assumed.
21    (b) The publication requirement of subsection (a) shall
22not be required in any application for a change of name
23involving a minor if, before making judgment under this
24Article, reasonable notice and opportunity to be heard is
25given to any parent whose parental rights have not been
26previously terminated and to any person who has physical

 

 

HB2337- 687 -LRB103 05867 HEP 50888 b

1custody of the child. If any of these persons are outside this
2State, notice and opportunity to be heard shall be given under
3Section 21-104.
4    (b-3) The publication requirement of subsection (a) shall
5not be required in any application for a change of name
6involving a person who has received a judgment for dissolution
7of marriage or declaration of invalidity of marriage and
8wishes to change his or her name to resume the use of his or
9her former or maiden name.
10    (b-5) Upon motion, the court may issue an order directing
11that the notice and publication requirement be waived for a
12change of name involving a person who files with the court a
13written declaration that the person believes that publishing
14notice of the name change would put the person at risk of
15physical harm or discrimination. The person must provide
16evidence to support the claim that publishing notice of the
17name change would put the person at risk of physical harm or
18discrimination.
19    (c) The Director of the Illinois State Police or his or her
20designee may apply to the circuit court for an order directing
21that the notice and publication requirements of this Section
22be waived if the Director or his or her designee certifies that
23the name change being sought is intended to protect a witness
24during and following a criminal investigation or proceeding.
25    (c-1) The court may enter a written order waiving the
26publication requirement of subsection (a) if:

 

 

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1        (i) the petitioner is 18 years of age or older; and
2        (ii) concurrent with the petition, the petitioner
3    files with the court a statement, verified under oath as
4    provided under Section 1-109 of this Code, attesting that
5    the petitioner is or has been a person protected under the
6    Illinois Domestic Violence Act of 1986, the Stalking No
7    Contact Order Act, the Civil No Contact Order Act, Article
8    112A of the Code of Criminal Procedure of 1963, a
9    condition of bail pretrial release under subsections (b)
10    through (d) of Section 110-10 of the Code of Criminal
11    Procedure of 1963, or a similar provision of a law in
12    another state or jurisdiction.
13    The petitioner may attach to the statement any supporting
14documents, including relevant court orders.
15    (c-2) If the petitioner files a statement attesting that
16disclosure of the petitioner's address would put the
17petitioner or any member of the petitioner's family or
18household at risk or reveal the confidential address of a
19shelter for domestic violence victims, that address may be
20omitted from all documents filed with the court, and the
21petitioner may designate an alternative address for service.
22    (c-3) Court administrators may allow domestic abuse
23advocates, rape crisis advocates, and victim advocates to
24assist petitioners in the preparation of name changes under
25subsection (c-1).
26    (c-4) If the publication requirements of subsection (a)

 

 

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1have been waived, the circuit court shall enter an order
2impounding the case.
3    (d) The maximum rate charged for publication of a notice
4under this Section may not exceed the lowest classified rate
5paid by commercial users for comparable space in the newspaper
6in which the notice appears and shall include all cash
7discounts, multiple insertion discounts, and similar benefits
8extended to the newspaper's regular customers.
9(Source: P.A. 101-81, eff. 7-12-19; 101-203, eff. 1-1-20;
10101-652, eff. 1-1-23; 102-538, eff. 8-20-21; 102-813, eff.
115-13-22.)
 
12    Section 1-300. The Civil No Contact Order Act is amended
13by changing Section 220 as follows:
 
14    (740 ILCS 22/220)
15    Sec. 220. Enforcement of a civil no contact order.
16    (a) Nothing in this Act shall preclude any Illinois court
17from enforcing a valid protective order issued in another
18state.
19    (b) Illinois courts may enforce civil no contact orders
20through both criminal proceedings and civil contempt
21proceedings, unless the action which is second in time is
22barred by collateral estoppel or the constitutional
23prohibition against double jeopardy.
24    (b-1) The court shall not hold a school district or

 

 

HB2337- 690 -LRB103 05867 HEP 50888 b

1private or non-public school or any of its employees in civil
2or criminal contempt unless the school district or private or
3non-public school has been allowed to intervene.
4    (b-2) The court may hold the parents, guardian, or legal
5custodian of a minor respondent in civil or criminal contempt
6for a violation of any provision of any order entered under
7this Act for conduct of the minor respondent in violation of
8this Act if the parents, guardian, or legal custodian
9directed, encouraged, or assisted the respondent minor in such
10conduct.
11    (c) Criminal prosecution. A violation of any civil no
12contact order, whether issued in a civil or criminal
13proceeding, shall be enforced by a criminal court when the
14respondent commits the crime of violation of a civil no
15contact order pursuant to Section 219 by having knowingly
16violated:
17        (1) remedies described in Section 213 and included in
18    a civil no contact order; or
19        (2) a provision of an order, which is substantially
20    similar to provisions of Section 213, in a valid civil no
21    contact order which is authorized under the laws of
22    another state, tribe, or United States territory.
23    Prosecution for a violation of a civil no contact order
24shall not bar a concurrent prosecution for any other crime,
25including any crime that may have been committed at the time of
26the violation of the civil no contact order.

 

 

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1    (d) Contempt of court. A violation of any valid Illinois
2civil no contact order, whether issued in a civil or criminal
3proceeding, may be enforced through civil or criminal contempt
4procedures, as appropriate, by any court with jurisdiction,
5regardless of where the act or acts which violated the civil no
6contact order were committed, to the extent consistent with
7the venue provisions of this Act.
8        (1) In a contempt proceeding where the petition for a
9    rule to show cause or petition for adjudication of
10    criminal contempt sets forth facts evidencing an immediate
11    danger that the respondent will flee the jurisdiction or
12    inflict physical abuse on the petitioner or minor children
13    or on dependent adults in the petitioner's care, the court
14    may order the attachment of the respondent without prior
15    service of the petition for a rule to show cause, the rule
16    to show cause, the petition for adjudication of criminal
17    contempt or the adjudication of criminal contempt.
18    Conditions of release Bond shall be set unless
19    specifically denied in writing.
20        (2) A petition for a rule to show cause or a petition
21    for adjudication of criminal contempt for violation of a
22    civil no contact order shall be treated as an expedited
23    proceeding.
24    (e) Actual knowledge. A civil no contact order may be
25enforced pursuant to this Section if the respondent violates
26the order after the respondent has actual knowledge of its

 

 

HB2337- 692 -LRB103 05867 HEP 50888 b

1contents as shown through one of the following means:
2        (1) by service, delivery, or notice under Section 208;
3        (2) by notice under Section 218;
4        (3) by service of a civil no contact order under
5    Section 218; or
6        (4) by other means demonstrating actual knowledge of
7    the contents of the order.
8    (f) The enforcement of a civil no contact order in civil or
9criminal court shall not be affected by either of the
10following:
11        (1) the existence of a separate, correlative order,
12    entered under Section 202; or
13        (2) any finding or order entered in a conjoined
14    criminal proceeding.
15    (g) Circumstances. The court, when determining whether or
16not a violation of a civil no contact order has occurred, shall
17not require physical manifestations of abuse on the person of
18the victim.
19    (h) Penalties.
20        (1) Except as provided in paragraph (3) of this
21    subsection, where the court finds the commission of a
22    crime or contempt of court under subsection (a) or (b) of
23    this Section, the penalty shall be the penalty that
24    generally applies in such criminal or contempt
25    proceedings, and may include one or more of the following:
26    incarceration, payment of restitution, a fine, payment of

 

 

HB2337- 693 -LRB103 05867 HEP 50888 b

1    attorneys' fees and costs, or community service.
2        (2) The court shall hear and take into account
3    evidence of any factors in aggravation or mitigation
4    before deciding an appropriate penalty under paragraph (1)
5    of this subsection.
6        (3) To the extent permitted by law, the court is
7    encouraged to:
8            (i) increase the penalty for the knowing violation
9        of any civil no contact order over any penalty
10        previously imposed by any court for respondent's
11        violation of any civil no contact order or penal
12        statute involving petitioner as victim and respondent
13        as defendant;
14            (ii) impose a minimum penalty of 24 hours
15        imprisonment for respondent's first violation of any
16        civil no contact order; and
17            (iii) impose a minimum penalty of 48 hours
18        imprisonment for respondent's second or subsequent
19        violation of a civil no contact order unless the court
20        explicitly finds that an increased penalty or that
21        period of imprisonment would be manifestly unjust.
22        (4) In addition to any other penalties imposed for a
23    violation of a civil no contact order, a criminal court
24    may consider evidence of any previous violations of a
25    civil no contact order:
26            (i) to increase, revoke or modify the conditions

 

 

HB2337- 694 -LRB103 05867 HEP 50888 b

1        of pretrial release bail bond on an underlying
2        criminal charge pursuant to Section 110-6 of the Code
3        of Criminal Procedure of 1963;
4            (ii) to revoke or modify an order of probation,
5        conditional discharge or supervision, pursuant to
6        Section 5-6-4 of the Unified Code of Corrections; or
7            (iii) to revoke or modify a sentence of periodic
8        imprisonment, pursuant to Section 5-7-2 of the Unified
9        Code of Corrections.
10(Source: P.A. 96-311, eff. 1-1-10; 97-294, eff. 1-1-12;
11101-652.)
 
12    Section 1-305. The Illinois Domestic Violence Act of 1986
13is amended by changing Sections 223 and 301 as follows:
 
14    (750 ILCS 60/223)  (from Ch. 40, par. 2312-23)
15    Sec. 223. Enforcement of orders of protection.
16    (a) When violation is crime. A violation of any order of
17protection, whether issued in a civil or criminal proceeding
18or by a military tribunal, shall be enforced by a criminal
19court when:
20        (1) The respondent commits the crime of violation of
21    an order of protection pursuant to Section 12-3.4 or 12-30
22    of the Criminal Code of 1961 or the Criminal Code of 2012,
23    by having knowingly violated:
24            (i) remedies described in paragraphs (1), (2),

 

 

HB2337- 695 -LRB103 05867 HEP 50888 b

1        (3), (14), or (14.5) of subsection (b) of Section 214
2        of this Act; or
3            (ii) a remedy, which is substantially similar to
4        the remedies authorized under paragraphs (1), (2),
5        (3), (14), and (14.5) of subsection (b) of Section 214
6        of this Act, in a valid order of protection which is
7        authorized under the laws of another state, tribe, or
8        United States territory; or
9            (iii) any other remedy when the act constitutes a
10        crime against the protected parties as defined by the
11        Criminal Code of 1961 or the Criminal Code of 2012.
12        Prosecution for a violation of an order of protection
13    shall not bar concurrent prosecution for any other crime,
14    including any crime that may have been committed at the
15    time of the violation of the order of protection; or
16        (2) The respondent commits the crime of child
17    abduction pursuant to Section 10-5 of the Criminal Code of
18    1961 or the Criminal Code of 2012, by having knowingly
19    violated:
20            (i) remedies described in paragraphs (5), (6) or
21        (8) of subsection (b) of Section 214 of this Act; or
22            (ii) a remedy, which is substantially similar to
23        the remedies authorized under paragraphs (5), (6), or
24        (8) of subsection (b) of Section 214 of this Act, in a
25        valid order of protection which is authorized under
26        the laws of another state, tribe, or United States

 

 

HB2337- 696 -LRB103 05867 HEP 50888 b

1        territory.
2    (b) When violation is contempt of court. A violation of
3any valid Illinois order of protection, whether issued in a
4civil or criminal proceeding or by a military tribunal, may be
5enforced through civil or criminal contempt procedures, as
6appropriate, by any court with jurisdiction, regardless where
7the act or acts which violated the order of protection were
8committed, to the extent consistent with the venue provisions
9of this Act. Nothing in this Act shall preclude any Illinois
10court from enforcing any valid order of protection issued in
11another state. Illinois courts may enforce orders of
12protection through both criminal prosecution and contempt
13proceedings, unless the action which is second in time is
14barred by collateral estoppel or the constitutional
15prohibition against double jeopardy.
16        (1) In a contempt proceeding where the petition for a
17    rule to show cause sets forth facts evidencing an
18    immediate danger that the respondent will flee the
19    jurisdiction, conceal a child, or inflict physical abuse
20    on the petitioner or minor children or on dependent adults
21    in petitioner's care, the court may order the attachment
22    of the respondent without prior service of the rule to
23    show cause or the petition for a rule to show cause. Bond
24    Conditions of release shall be set unless specifically
25    denied in writing.
26        (2) A petition for a rule to show cause for violation

 

 

HB2337- 697 -LRB103 05867 HEP 50888 b

1    of an order of protection shall be treated as an expedited
2    proceeding.
3    (b-1) The court shall not hold a school district or
4private or non-public school or any of its employees in civil
5or criminal contempt unless the school district or private or
6non-public school has been allowed to intervene.
7    (b-2) The court may hold the parents, guardian, or legal
8custodian of a minor respondent in civil or criminal contempt
9for a violation of any provision of any order entered under
10this Act for conduct of the minor respondent in violation of
11this Act if the parents, guardian, or legal custodian
12directed, encouraged, or assisted the respondent minor in such
13conduct.
14    (c) Violation of custody or support orders or temporary or
15final judgments allocating parental responsibilities. A
16violation of remedies described in paragraphs (5), (6), (8),
17or (9) of subsection (b) of Section 214 of this Act may be
18enforced by any remedy provided by Section 607.5 of the
19Illinois Marriage and Dissolution of Marriage Act. The court
20may enforce any order for support issued under paragraph (12)
21of subsection (b) of Section 214 in the manner provided for
22under Parts V and VII of the Illinois Marriage and Dissolution
23of Marriage Act.
24    (d) Actual knowledge. An order of protection may be
25enforced pursuant to this Section if the respondent violates
26the order after the respondent has actual knowledge of its

 

 

HB2337- 698 -LRB103 05867 HEP 50888 b

1contents as shown through one of the following means:
2        (1) By service, delivery, or notice under Section 210.
3        (2) By notice under Section 210.1 or 211.
4        (3) By service of an order of protection under Section
5    222.
6        (4) By other means demonstrating actual knowledge of
7    the contents of the order.
8    (e) The enforcement of an order of protection in civil or
9criminal court shall not be affected by either of the
10following:
11        (1) The existence of a separate, correlative order,
12    entered under Section 215.
13        (2) Any finding or order entered in a conjoined
14    criminal proceeding.
15    (f) Circumstances. The court, when determining whether or
16not a violation of an order of protection has occurred, shall
17not require physical manifestations of abuse on the person of
18the victim.
19    (g) Penalties.
20        (1) Except as provided in paragraph (3) of this
21    subsection, where the court finds the commission of a
22    crime or contempt of court under subsections (a) or (b) of
23    this Section, the penalty shall be the penalty that
24    generally applies in such criminal or contempt
25    proceedings, and may include one or more of the following:
26    incarceration, payment of restitution, a fine, payment of

 

 

HB2337- 699 -LRB103 05867 HEP 50888 b

1    attorneys' fees and costs, or community service.
2        (2) The court shall hear and take into account
3    evidence of any factors in aggravation or mitigation
4    before deciding an appropriate penalty under paragraph (1)
5    of this subsection.
6        (3) To the extent permitted by law, the court is
7    encouraged to:
8            (i) increase the penalty for the knowing violation
9        of any order of protection over any penalty previously
10        imposed by any court for respondent's violation of any
11        order of protection or penal statute involving
12        petitioner as victim and respondent as defendant;
13            (ii) impose a minimum penalty of 24 hours
14        imprisonment for respondent's first violation of any
15        order of protection; and
16            (iii) impose a minimum penalty of 48 hours
17        imprisonment for respondent's second or subsequent
18        violation of an order of protection
19    unless the court explicitly finds that an increased
20    penalty or that period of imprisonment would be manifestly
21    unjust.
22        (4) In addition to any other penalties imposed for a
23    violation of an order of protection, a criminal court may
24    consider evidence of any violations of an order of
25    protection:
26            (i) to increase, revoke or modify the conditions

 

 

HB2337- 700 -LRB103 05867 HEP 50888 b

1        of pretrial release bail bond on an underlying
2        criminal charge pursuant to Section 110-6 of the Code
3        of Criminal Procedure of 1963;
4            (ii) to revoke or modify an order of probation,
5        conditional discharge or supervision, pursuant to
6        Section 5-6-4 of the Unified Code of Corrections;
7            (iii) to revoke or modify a sentence of periodic
8        imprisonment, pursuant to Section 5-7-2 of the Unified
9        Code of Corrections.
10        (5) In addition to any other penalties, the court
11    shall impose an additional fine of $20 as authorized by
12    Section 5-9-1.11 of the Unified Code of Corrections upon
13    any person convicted of or placed on supervision for a
14    violation of an order of protection. The additional fine
15    shall be imposed for each violation of this Section.
16(Source: P.A. 101-652, eff. 1-1-23; 102-890, eff. 5-19-22.)
 
17    (750 ILCS 60/301)  (from Ch. 40, par. 2313-1)
18    Sec. 301. Arrest without warrant.
19    (a) Any law enforcement officer may make an arrest without
20warrant if the officer has probable cause to believe that the
21person has committed or is committing any crime, including but
22not limited to violation of an order of protection, under
23Section 12-3.4 or 12-30 of the Criminal Code of 1961 or the
24Criminal Code of 2012, even if the crime was not committed in
25the presence of the officer.

 

 

HB2337- 701 -LRB103 05867 HEP 50888 b

1    (b) The law enforcement officer may verify the existence
2of an order of protection by telephone or radio communication
3with his or her law enforcement agency or by referring to the
4copy of the order, or order of protection described on a Hope
5Card under Section 219.5, provided by the petitioner or
6respondent.
7    (c) Any law enforcement officer may make an arrest without
8warrant if the officer has reasonable grounds to believe a
9defendant at liberty under the provisions of subdivision
10(d)(1) or (d)(2) of Section 110-10 of the Code of Criminal
11Procedure of 1963 has violated a condition of his or her bail
12bond pretrial release or recognizance.
13(Source: P.A. 101-652, eff. 1-1-23; 102-481, eff. 1-1-22;
14102-813, eff. 5-13-22.)
 
15    Section 1-310. The Industrial and Linen Supplies Marking
16Law is amended by changing Section 11 as follows:
 
17    (765 ILCS 1045/11)  (from Ch. 140, par. 111)
18    Sec. 11. Search warrant.
19    Whenever the registrant, or officer, or authorized agent
20of any firm, partnership or corporation which is a registrant
21under this Act, takes an oath before any circuit court, that he
22has reason to believe that any supplies are being unlawfully
23used, sold, or secreted in any place, the court shall issue a
24search warrant to any police officer authorizing such officer

 

 

HB2337- 702 -LRB103 05867 HEP 50888 b

1to search the premises wherein it is alleged such articles may
2be found and take into custody any person in whose possession
3the articles are found. Any person so seized shall be taken
4without unnecessary delay before the court issuing the search
5warrant. The court is empowered to impose conditions of
6pretrial release bail on any such person to compel his
7attendance at any continued hearing.
8(Source: P.A. 77-1273; 101-652.)
 
9    Section 1-315. The Illinois Torture Inquiry and Relief
10Commission Act is amended by changing Section 50 as follows:
 
11    (775 ILCS 40/50)
12    Sec. 50. Post-commission judicial review.
13    (a) If the Commission concludes there is sufficient
14evidence of torture to merit judicial review, the Chair of the
15Commission shall request the Chief Judge of the Circuit Court
16of Cook County for assignment to a trial judge for
17consideration. The court may receive proof by affidavits,
18depositions, oral testimony, or other evidence. In its
19discretion the court may order the petitioner brought before
20the court for the hearing. Notwithstanding the status of any
21other postconviction proceedings relating to the petitioner,
22if the court finds in favor of the petitioner, it shall enter
23an appropriate order with respect to the judgment or sentence
24in the former proceedings and such supplementary orders as to

 

 

HB2337- 703 -LRB103 05867 HEP 50888 b

1rearraignment, retrial, custody, pretrial release bail or
2discharge, or for such relief as may be granted under a
3petition for a certificate of innocence, as may be necessary
4and proper.
5    (b) The State's Attorney, or the State's Attorney's
6designee, shall represent the State at the hearing before the
7assigned judge.
8(Source: P.A. 96-223, eff. 8-10-09; 101-652.)
 
9    Section 1-320. The Unemployment Insurance Act is amended
10by changing Section 602 as follows:
 
11    (820 ILCS 405/602)  (from Ch. 48, par. 432)
12    Sec. 602. Discharge for misconduct - Felony.
13    A. An individual shall be ineligible for benefits for the
14week in which he has been discharged for misconduct connected
15with his work and, thereafter, until he has become reemployed
16and has had earnings equal to or in excess of his current
17weekly benefit amount in each of four calendar weeks which are
18either for services in employment, or have been or will be
19reported pursuant to the provisions of the Federal Insurance
20Contributions Act by each employing unit for which such
21services are performed and which submits a statement
22certifying to that fact. The requalification requirements of
23the preceding sentence shall be deemed to have been satisfied,
24as of the date of reinstatement, if, subsequent to his

 

 

HB2337- 704 -LRB103 05867 HEP 50888 b

1discharge by an employing unit for misconduct connected with
2his work, such individual is reinstated by such employing
3unit. For purposes of this subsection, the term "misconduct"
4means the deliberate and willful violation of a reasonable
5rule or policy of the employing unit, governing the
6individual's behavior in performance of his work, provided
7such violation has harmed the employing unit or other
8employees or has been repeated by the individual despite a
9warning or other explicit instruction from the employing unit.
10The previous definition notwithstanding, "misconduct" shall
11include any of the following work-related circumstances:
12        1. Falsification of an employment application, or any
13    other documentation provided to the employer, to obtain
14    employment through subterfuge.
15        2. Failure to maintain licenses, registrations, and
16    certifications reasonably required by the employer, or
17    those that the individual is required to possess by law,
18    to perform his or her regular job duties, unless the
19    failure is not within the control of the individual.
20        3. Knowing, repeated violation of the attendance
21    policies of the employer that are in compliance with State
22    and federal law following a written warning for an
23    attendance violation, unless the individual can
24    demonstrate that he or she has made a reasonable effort to
25    remedy the reason or reasons for the violations or that
26    the reason or reasons for the violations were out of the

 

 

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1    individual's control. Attendance policies of the employer
2    shall be reasonable and provided to the individual in
3    writing, electronically, or via posting in the workplace.
4        4. Damaging the employer's property through conduct
5    that is grossly negligent.
6        5. Refusal to obey an employer's reasonable and lawful
7    instruction, unless the refusal is due to the lack of
8    ability, skills, or training for the individual required
9    to obey the instruction or the instruction would result in
10    an unsafe act.
11        6. Consuming alcohol or illegal or non-prescribed
12    prescription drugs, or using an impairing substance in an
13    off-label manner, on the employer's premises during
14    working hours in violation of the employer's policies.
15        7. Reporting to work under the influence of alcohol,
16    illegal or non-prescribed prescription drugs, or an
17    impairing substance used in an off-label manner in
18    violation of the employer's policies, unless the
19    individual is compelled to report to work by the employer
20    outside of scheduled and on-call working hours and informs
21    the employer that he or she is under the influence of
22    alcohol, illegal or non-prescribed prescription drugs, or
23    an impairing substance used in an off-label manner in
24    violation of the employer's policies.
25        8. Grossly negligent conduct endangering the safety of
26    the individual or co-workers.

 

 

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1    For purposes of paragraphs 4 and 8, conduct is "grossly
2negligent" when the individual is, or reasonably should be,
3aware of a substantial risk that the conduct will result in the
4harm sought to be prevented and the conduct constitutes a
5substantial deviation from the standard of care a reasonable
6person would exercise in the situation.
7    Nothing in paragraph 6 or 7 prohibits the lawful use of
8over-the-counter drug products as defined in Section 206 of
9the Illinois Controlled Substances Act, provided that the
10medication does not affect the safe performance of the
11employee's work duties.
12    B. Notwithstanding any other provision of this Act, no
13benefit rights shall accrue to any individual based upon wages
14from any employer for service rendered prior to the day upon
15which such individual was discharged because of the commission
16of a felony in connection with his work, or because of theft in
17connection with his work, for which the employer was in no way
18responsible; provided, that the employer notified the Director
19of such possible ineligibility within the time limits
20specified by regulations of the Director, and that the
21individual has admitted his commission of the felony or theft
22to a representative of the Director, or has signed a written
23admission of such act and such written admission has been
24presented to a representative of the Director, or such act has
25resulted in a conviction or order of supervision by a court of
26competent jurisdiction; and provided further, that if by

 

 

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1reason of such act, he is in legal custody, held on pretrial
2release bail or is a fugitive from justice, the determination
3of his benefit rights shall be held in abeyance pending the
4result of any legal proceedings arising therefrom.
5(Source: P.A. 99-488, eff. 1-3-16; 101-652.)
 
6    (730 ILCS 5/3-6-7.1 rep.)
7    (730 ILCS 5/3-6-7.2 rep.)
8    (730 ILCS 5/3-6-7.3 rep.)
9    (730 ILCS 5/3-6-7.4 rep.)
10    Section 1-325. The Unified Code of Corrections is amended
11by repealing Sections 3-6-7.1, 3-6-7.2, 3-6-7.3, and 3-6-7.4.
 
12    (730 ILCS 125/17.6 rep.)
13    (730 ILCS 125/17.7 rep.)
14    (730 ILCS 125/17.8 rep.)
15    (730 ILCS 125/17.9 rep.)
16    Section 1-330. The County Jail Act is amended by repealing
17Sections 17.6, 17.7, 17.8, and 17.9.
 
18    Section 1-335. The Unified Code of Corrections is amended
19by changing Section 5-4-1 as follows:
 
20    (730 ILCS 5/5-4-1)  (from Ch. 38, par. 1005-4-1)
21    Sec. 5-4-1. Sentencing hearing.
22    (a) Except when the death penalty is sought under hearing

 

 

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1procedures otherwise specified, after a determination of
2guilt, a hearing shall be held to impose the sentence.
3However, prior to the imposition of sentence on an individual
4being sentenced for an offense based upon a charge for a
5violation of Section 11-501 of the Illinois Vehicle Code or a
6similar provision of a local ordinance, the individual must
7undergo a professional evaluation to determine if an alcohol
8or other drug abuse problem exists and the extent of such a
9problem. Programs conducting these evaluations shall be
10licensed by the Department of Human Services. However, if the
11individual is not a resident of Illinois, the court may, in its
12discretion, accept an evaluation from a program in the state
13of such individual's residence. The court may in its
14sentencing order approve an eligible defendant for placement
15in a Department of Corrections impact incarceration program as
16provided in Section 5-8-1.1 or 5-8-1.3. The court may in its
17sentencing order recommend a defendant for placement in a
18Department of Corrections substance abuse treatment program as
19provided in paragraph (a) of subsection (1) of Section 3-2-2
20conditioned upon the defendant being accepted in a program by
21the Department of Corrections. At the hearing the court shall:
22        (1) consider the evidence, if any, received upon the
23    trial;
24        (2) consider any presentence reports;
25        (3) consider the financial impact of incarceration
26    based on the financial impact statement filed with the

 

 

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1    clerk of the court by the Department of Corrections;
2        (4) consider evidence and information offered by the
3    parties in aggravation and mitigation;
4        (4.5) consider substance abuse treatment, eligibility
5    screening, and an assessment, if any, of the defendant by
6    an agent designated by the State of Illinois to provide
7    assessment services for the Illinois courts;
8        (5) hear arguments as to sentencing alternatives;
9        (6) afford the defendant the opportunity to make a
10    statement in his own behalf;
11        (7) afford the victim of a violent crime or a
12    violation of Section 11-501 of the Illinois Vehicle Code,
13    or a similar provision of a local ordinance, the
14    opportunity to present an oral or written statement, as
15    guaranteed by Article I, Section 8.1 of the Illinois
16    Constitution and provided in Section 6 of the Rights of
17    Crime Victims and Witnesses Act. The court shall allow a
18    victim to make an oral statement if the victim is present
19    in the courtroom and requests to make an oral or written
20    statement. An oral or written statement includes the
21    victim or a representative of the victim reading the
22    written statement. The court may allow persons impacted by
23    the crime who are not victims under subsection (a) of
24    Section 3 of the Rights of Crime Victims and Witnesses Act
25    to present an oral or written statement. A victim and any
26    person making an oral statement shall not be put under

 

 

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1    oath or subject to cross-examination. All statements
2    offered under this paragraph (7) shall become part of the
3    record of the court. In this paragraph (7), "victim of a
4    violent crime" means a person who is a victim of a violent
5    crime for which the defendant has been convicted after a
6    bench or jury trial or a person who is the victim of a
7    violent crime with which the defendant was charged and the
8    defendant has been convicted under a plea agreement of a
9    crime that is not a violent crime as defined in subsection
10    (c) of 3 of the Rights of Crime Victims and Witnesses Act;
11        (7.5) afford a qualified person affected by: (i) a
12    violation of Section 405, 405.1, 405.2, or 407 of the
13    Illinois Controlled Substances Act or a violation of
14    Section 55 or Section 65 of the Methamphetamine Control
15    and Community Protection Act; or (ii) a Class 4 felony
16    violation of Section 11-14, 11-14.3 except as described in
17    subdivisions (a)(2)(A) and (a)(2)(B), 11-15, 11-17, 11-18,
18    11-18.1, or 11-19 of the Criminal Code of 1961 or the
19    Criminal Code of 2012, committed by the defendant the
20    opportunity to make a statement concerning the impact on
21    the qualified person and to offer evidence in aggravation
22    or mitigation; provided that the statement and evidence
23    offered in aggravation or mitigation shall first be
24    prepared in writing in conjunction with the State's
25    Attorney before it may be presented orally at the hearing.
26    Sworn testimony offered by the qualified person is subject

 

 

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1    to the defendant's right to cross-examine. All statements
2    and evidence offered under this paragraph (7.5) shall
3    become part of the record of the court. In this paragraph
4    (7.5), "qualified person" means any person who: (i) lived
5    or worked within the territorial jurisdiction where the
6    offense took place when the offense took place; or (ii) is
7    familiar with various public places within the territorial
8    jurisdiction where the offense took place when the offense
9    took place. "Qualified person" includes any peace officer
10    or any member of any duly organized State, county, or
11    municipal peace officer unit assigned to the territorial
12    jurisdiction where the offense took place when the offense
13    took place;
14        (8) in cases of reckless homicide afford the victim's
15    spouse, guardians, parents or other immediate family
16    members an opportunity to make oral statements;
17        (9) in cases involving a felony sex offense as defined
18    under the Sex Offender Management Board Act, consider the
19    results of the sex offender evaluation conducted pursuant
20    to Section 5-3-2 of this Act; and
21        (10) make a finding of whether a motor vehicle was
22    used in the commission of the offense for which the
23    defendant is being sentenced.
24    (b) All sentences shall be imposed by the judge based upon
25his independent assessment of the elements specified above and
26any agreement as to sentence reached by the parties. The judge

 

 

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1who presided at the trial or the judge who accepted the plea of
2guilty shall impose the sentence unless he is no longer
3sitting as a judge in that court. Where the judge does not
4impose sentence at the same time on all defendants who are
5convicted as a result of being involved in the same offense,
6the defendant or the State's Attorney may advise the
7sentencing court of the disposition of any other defendants
8who have been sentenced.
9    (b-1) In imposing a sentence of imprisonment or periodic
10imprisonment for a Class 3 or Class 4 felony for which a
11sentence of probation or conditional discharge is an available
12sentence, if the defendant has no prior sentence of probation
13or conditional discharge and no prior conviction for a violent
14crime, the defendant shall not be sentenced to imprisonment
15before review and consideration of a presentence report and
16determination and explanation of why the particular evidence,
17information, factor in aggravation, factual finding, or other
18reasons support a sentencing determination that one or more of
19the factors under subsection (a) of Section 5-6-1 of this Code
20apply and that probation or conditional discharge is not an
21appropriate sentence.
22    (c) In imposing a sentence for a violent crime or for an
23offense of operating or being in physical control of a vehicle
24while under the influence of alcohol, any other drug or any
25combination thereof, or a similar provision of a local
26ordinance, when such offense resulted in the personal injury

 

 

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1to someone other than the defendant, the trial judge shall
2specify on the record the particular evidence, information,
3factors in mitigation and aggravation or other reasons that
4led to his sentencing determination. The full verbatim record
5of the sentencing hearing shall be filed with the clerk of the
6court and shall be a public record.
7    (c-1) In imposing a sentence for the offense of aggravated
8kidnapping for ransom, home invasion, armed robbery,
9aggravated vehicular hijacking, aggravated discharge of a
10firearm, or armed violence with a category I weapon or
11category II weapon, the trial judge shall make a finding as to
12whether the conduct leading to conviction for the offense
13resulted in great bodily harm to a victim, and shall enter that
14finding and the basis for that finding in the record.
15    (c-1.5) Notwithstanding any other provision of law to the
16contrary, in imposing a sentence for an offense that requires
17a mandatory minimum sentence of imprisonment, the court may
18instead sentence the offender to probation, conditional
19discharge, or a lesser term of imprisonment it deems
20appropriate if: (1) the offense involves the use or possession
21of drugs, retail theft, or driving on a revoked license due to
22unpaid financial obligations; (2) the court finds that the
23defendant does not pose a risk to public safety; and (3) the
24interest of justice requires imposing a term of probation,
25conditional discharge, or a lesser term of imprisonment. The
26court must state on the record its reasons for imposing

 

 

HB2337- 714 -LRB103 05867 HEP 50888 b

1probation, conditional discharge, or a lesser term of
2imprisonment.
3    (c-2) If the defendant is sentenced to prison, other than
4when a sentence of natural life imprisonment or a sentence of
5death is imposed, at the time the sentence is imposed the judge
6shall state on the record in open court the approximate period
7of time the defendant will serve in custody according to the
8then current statutory rules and regulations for sentence
9credit found in Section 3-6-3 and other related provisions of
10this Code. This statement is intended solely to inform the
11public, has no legal effect on the defendant's actual release,
12and may not be relied on by the defendant on appeal.
13    The judge's statement, to be given after pronouncing the
14sentence, other than when the sentence is imposed for one of
15the offenses enumerated in paragraph (a)(4) of Section 3-6-3,
16shall include the following:
17    "The purpose of this statement is to inform the public of
18the actual period of time this defendant is likely to spend in
19prison as a result of this sentence. The actual period of
20prison time served is determined by the statutes of Illinois
21as applied to this sentence by the Illinois Department of
22Corrections and the Illinois Prisoner Review Board. In this
23case, assuming the defendant receives all of his or her
24sentence credit, the period of estimated actual custody is ...
25years and ... months, less up to 180 days additional earned
26sentence credit. If the defendant, because of his or her own

 

 

HB2337- 715 -LRB103 05867 HEP 50888 b

1misconduct or failure to comply with the institutional
2regulations, does not receive those credits, the actual time
3served in prison will be longer. The defendant may also
4receive an additional one-half day sentence credit for each
5day of participation in vocational, industry, substance abuse,
6and educational programs as provided for by Illinois statute."
7    When the sentence is imposed for one of the offenses
8enumerated in paragraph (a)(2) of Section 3-6-3, other than
9first degree murder, and the offense was committed on or after
10June 19, 1998, and when the sentence is imposed for reckless
11homicide as defined in subsection (e) of Section 9-3 of the
12Criminal Code of 1961 or the Criminal Code of 2012 if the
13offense was committed on or after January 1, 1999, and when the
14sentence is imposed for aggravated driving under the influence
15of alcohol, other drug or drugs, or intoxicating compound or
16compounds, or any combination thereof as defined in
17subparagraph (F) of paragraph (1) of subsection (d) of Section
1811-501 of the Illinois Vehicle Code, and when the sentence is
19imposed for aggravated arson if the offense was committed on
20or after July 27, 2001 (the effective date of Public Act
2192-176), and when the sentence is imposed for aggravated
22driving under the influence of alcohol, other drug or drugs,
23or intoxicating compound or compounds, or any combination
24thereof as defined in subparagraph (C) of paragraph (1) of
25subsection (d) of Section 11-501 of the Illinois Vehicle Code
26committed on or after January 1, 2011 (the effective date of

 

 

HB2337- 716 -LRB103 05867 HEP 50888 b

1Public Act 96-1230), the judge's statement, to be given after
2pronouncing the sentence, shall include the following:
3    "The purpose of this statement is to inform the public of
4the actual period of time this defendant is likely to spend in
5prison as a result of this sentence. The actual period of
6prison time served is determined by the statutes of Illinois
7as applied to this sentence by the Illinois Department of
8Corrections and the Illinois Prisoner Review Board. In this
9case, the defendant is entitled to no more than 4 1/2 days of
10sentence credit for each month of his or her sentence of
11imprisonment. Therefore, this defendant will serve at least
1285% of his or her sentence. Assuming the defendant receives 4
131/2 days credit for each month of his or her sentence, the
14period of estimated actual custody is ... years and ...
15months. If the defendant, because of his or her own misconduct
16or failure to comply with the institutional regulations
17receives lesser credit, the actual time served in prison will
18be longer."
19    When a sentence of imprisonment is imposed for first
20degree murder and the offense was committed on or after June
2119, 1998, the judge's statement, to be given after pronouncing
22the sentence, shall include the following:
23    "The purpose of this statement is to inform the public of
24the actual period of time this defendant is likely to spend in
25prison as a result of this sentence. The actual period of
26prison time served is determined by the statutes of Illinois

 

 

HB2337- 717 -LRB103 05867 HEP 50888 b

1as applied to this sentence by the Illinois Department of
2Corrections and the Illinois Prisoner Review Board. In this
3case, the defendant is not entitled to sentence credit.
4Therefore, this defendant will serve 100% of his or her
5sentence."
6    When the sentencing order recommends placement in a
7substance abuse program for any offense that results in
8incarceration in a Department of Corrections facility and the
9crime was committed on or after September 1, 2003 (the
10effective date of Public Act 93-354), the judge's statement,
11in addition to any other judge's statement required under this
12Section, to be given after pronouncing the sentence, shall
13include the following:
14    "The purpose of this statement is to inform the public of
15the actual period of time this defendant is likely to spend in
16prison as a result of this sentence. The actual period of
17prison time served is determined by the statutes of Illinois
18as applied to this sentence by the Illinois Department of
19Corrections and the Illinois Prisoner Review Board. In this
20case, the defendant shall receive no earned sentence credit
21under clause (3) of subsection (a) of Section 3-6-3 until he or
22she participates in and completes a substance abuse treatment
23program or receives a waiver from the Director of Corrections
24pursuant to clause (4.5) of subsection (a) of Section 3-6-3."
25    (c-4) Before the sentencing hearing and as part of the
26presentence investigation under Section 5-3-1, the court shall

 

 

HB2337- 718 -LRB103 05867 HEP 50888 b

1inquire of the defendant whether the defendant is currently
2serving in or is a veteran of the Armed Forces of the United
3States. If the defendant is currently serving in the Armed
4Forces of the United States or is a veteran of the Armed Forces
5of the United States and has been diagnosed as having a mental
6illness by a qualified psychiatrist or clinical psychologist
7or physician, the court may:
8        (1) order that the officer preparing the presentence
9    report consult with the United States Department of
10    Veterans Affairs, Illinois Department of Veterans'
11    Affairs, or another agency or person with suitable
12    knowledge or experience for the purpose of providing the
13    court with information regarding treatment options
14    available to the defendant, including federal, State, and
15    local programming; and
16        (2) consider the treatment recommendations of any
17    diagnosing or treating mental health professionals
18    together with the treatment options available to the
19    defendant in imposing sentence.
20    For the purposes of this subsection (c-4), "qualified
21psychiatrist" means a reputable physician licensed in Illinois
22to practice medicine in all its branches, who has specialized
23in the diagnosis and treatment of mental and nervous disorders
24for a period of not less than 5 years.
25    (c-6) In imposing a sentence, the trial judge shall
26specify, on the record, the particular evidence and other

 

 

HB2337- 719 -LRB103 05867 HEP 50888 b

1reasons which led to his or her determination that a motor
2vehicle was used in the commission of the offense.
3    (d) When the defendant is committed to the Department of
4Corrections, the State's Attorney shall and counsel for the
5defendant may file a statement with the clerk of the court to
6be transmitted to the department, agency or institution to
7which the defendant is committed to furnish such department,
8agency or institution with the facts and circumstances of the
9offense for which the person was committed together with all
10other factual information accessible to them in regard to the
11person prior to his commitment relative to his habits,
12associates, disposition and reputation and any other facts and
13circumstances which may aid such department, agency or
14institution during its custody of such person. The clerk shall
15within 10 days after receiving any such statements transmit a
16copy to such department, agency or institution and a copy to
17the other party, provided, however, that this shall not be
18cause for delay in conveying the person to the department,
19agency or institution to which he has been committed.
20    (e) The clerk of the court shall transmit to the
21department, agency or institution, if any, to which the
22defendant is committed, the following:
23        (1) the sentence imposed;
24        (2) any statement by the court of the basis for
25    imposing the sentence;
26        (3) any presentence reports;

 

 

HB2337- 720 -LRB103 05867 HEP 50888 b

1        (3.5) any sex offender evaluations;
2        (3.6) any substance abuse treatment eligibility
3    screening and assessment of the defendant by an agent
4    designated by the State of Illinois to provide assessment
5    services for the Illinois courts;
6        (4) the number of days, if any, which the defendant
7    has been in custody and for which he is entitled to credit
8    against the sentence, which information shall be provided
9    to the clerk by the sheriff;
10        (4.1) any finding of great bodily harm made by the
11    court with respect to an offense enumerated in subsection
12    (c-1);
13        (5) all statements filed under subsection (d) of this
14    Section;
15        (6) any medical or mental health records or summaries
16    of the defendant;
17        (7) the municipality where the arrest of the offender
18    or the commission of the offense has occurred, where such
19    municipality has a population of more than 25,000 persons;
20        (8) all statements made and evidence offered under
21    paragraph (7) of subsection (a) of this Section; and
22        (9) all additional matters which the court directs the
23    clerk to transmit.
24    (f) In cases in which the court finds that a motor vehicle
25was used in the commission of the offense for which the
26defendant is being sentenced, the clerk of the court shall,

 

 

HB2337- 721 -LRB103 05867 HEP 50888 b

1within 5 days thereafter, forward a report of such conviction
2to the Secretary of State.
3(Source: P.A. 99-861, eff. 1-1-17; 99-938, eff. 1-1-18;
4100-961, eff. 1-1-19; revised 10-3-18; 101-652.)
 
5    Section 1-340. The Open Meetings Act is amended by
6changing Section 2 as follows:
 
7    (5 ILCS 120/2)  (from Ch. 102, par. 42)
8    Sec. 2. Open meetings.
9    (a) Openness required. All meetings of public bodies shall
10be open to the public unless excepted in subsection (c) and
11closed in accordance with Section 2a.
12    (b) Construction of exceptions. The exceptions contained
13in subsection (c) are in derogation of the requirement that
14public bodies meet in the open, and therefore, the exceptions
15are to be strictly construed, extending only to subjects
16clearly within their scope. The exceptions authorize but do
17not require the holding of a closed meeting to discuss a
18subject included within an enumerated exception.
19    (c) Exceptions. A public body may hold closed meetings to
20consider the following subjects:
21        (1) The appointment, employment, compensation,
22    discipline, performance, or dismissal of specific
23    employees, specific individuals who serve as independent
24    contractors in a park, recreational, or educational

 

 

HB2337- 722 -LRB103 05867 HEP 50888 b

1    setting, or specific volunteers of the public body or
2    legal counsel for the public body, including hearing
3    testimony on a complaint lodged against an employee, a
4    specific individual who serves as an independent
5    contractor in a park, recreational, or educational
6    setting, or a volunteer of the public body or against
7    legal counsel for the public body to determine its
8    validity. However, a meeting to consider an increase in
9    compensation to a specific employee of a public body that
10    is subject to the Local Government Wage Increase
11    Transparency Act may not be closed and shall be open to the
12    public and posted and held in accordance with this Act.
13        (2) Collective negotiating matters between the public
14    body and its employees or their representatives, or
15    deliberations concerning salary schedules for one or more
16    classes of employees.
17        (3) The selection of a person to fill a public office,
18    as defined in this Act, including a vacancy in a public
19    office, when the public body is given power to appoint
20    under law or ordinance, or the discipline, performance or
21    removal of the occupant of a public office, when the
22    public body is given power to remove the occupant under
23    law or ordinance.
24        (4) Evidence or testimony presented in open hearing,
25    or in closed hearing where specifically authorized by law,
26    to a quasi-adjudicative body, as defined in this Act,

 

 

HB2337- 723 -LRB103 05867 HEP 50888 b

1    provided that the body prepares and makes available for
2    public inspection a written decision setting forth its
3    determinative reasoning.
4        (5) The purchase or lease of real property for the use
5    of the public body, including meetings held for the
6    purpose of discussing whether a particular parcel should
7    be acquired.
8        (6) The setting of a price for sale or lease of
9    property owned by the public body.
10        (7) The sale or purchase of securities, investments,
11    or investment contracts. This exception shall not apply to
12    the investment of assets or income of funds deposited into
13    the Illinois Prepaid Tuition Trust Fund.
14        (8) Security procedures, school building safety and
15    security, and the use of personnel and equipment to
16    respond to an actual, a threatened, or a reasonably
17    potential danger to the safety of employees, students,
18    staff, the public, or public property.
19        (9) Student disciplinary cases.
20        (10) The placement of individual students in special
21    education programs and other matters relating to
22    individual students.
23        (11) Litigation, when an action against, affecting or
24    on behalf of the particular public body has been filed and
25    is pending before a court or administrative tribunal, or
26    when the public body finds that an action is probable or

 

 

HB2337- 724 -LRB103 05867 HEP 50888 b

1    imminent, in which case the basis for the finding shall be
2    recorded and entered into the minutes of the closed
3    meeting.
4        (12) The establishment of reserves or settlement of
5    claims as provided in the Local Governmental and
6    Governmental Employees Tort Immunity Act, if otherwise the
7    disposition of a claim or potential claim might be
8    prejudiced, or the review or discussion of claims, loss or
9    risk management information, records, data, advice or
10    communications from or with respect to any insurer of the
11    public body or any intergovernmental risk management
12    association or self insurance pool of which the public
13    body is a member.
14        (13) Conciliation of complaints of discrimination in
15    the sale or rental of housing, when closed meetings are
16    authorized by the law or ordinance prescribing fair
17    housing practices and creating a commission or
18    administrative agency for their enforcement.
19        (14) Informant sources, the hiring or assignment of
20    undercover personnel or equipment, or ongoing, prior or
21    future criminal investigations, when discussed by a public
22    body with criminal investigatory responsibilities.
23        (15) Professional ethics or performance when
24    considered by an advisory body appointed to advise a
25    licensing or regulatory agency on matters germane to the
26    advisory body's field of competence.

 

 

HB2337- 725 -LRB103 05867 HEP 50888 b

1        (16) Self evaluation, practices and procedures or
2    professional ethics, when meeting with a representative of
3    a statewide association of which the public body is a
4    member.
5        (17) The recruitment, credentialing, discipline or
6    formal peer review of physicians or other health care
7    professionals, or for the discussion of matters protected
8    under the federal Patient Safety and Quality Improvement
9    Act of 2005, and the regulations promulgated thereunder,
10    including 42 C.F.R. Part 3 (73 FR 70732), or the federal
11    Health Insurance Portability and Accountability Act of
12    1996, and the regulations promulgated thereunder,
13    including 45 C.F.R. Parts 160, 162, and 164, by a
14    hospital, or other institution providing medical care,
15    that is operated by the public body.
16        (18) Deliberations for decisions of the Prisoner
17    Review Board.
18        (19) Review or discussion of applications received
19    under the Experimental Organ Transplantation Procedures
20    Act.
21        (20) The classification and discussion of matters
22    classified as confidential or continued confidential by
23    the State Government Suggestion Award Board.
24        (21) Discussion of minutes of meetings lawfully closed
25    under this Act, whether for purposes of approval by the
26    body of the minutes or semi-annual review of the minutes

 

 

HB2337- 726 -LRB103 05867 HEP 50888 b

1    as mandated by Section 2.06.
2        (22) Deliberations for decisions of the State
3    Emergency Medical Services Disciplinary Review Board.
4        (23) The operation by a municipality of a municipal
5    utility or the operation of a municipal power agency or
6    municipal natural gas agency when the discussion involves
7    (i) contracts relating to the purchase, sale, or delivery
8    of electricity or natural gas or (ii) the results or
9    conclusions of load forecast studies.
10        (24) Meetings of a residential health care facility
11    resident sexual assault and death review team or the
12    Executive Council under the Abuse Prevention Review Team
13    Act.
14        (25) Meetings of an independent team of experts under
15    Brian's Law.
16        (26) Meetings of a mortality review team appointed
17    under the Department of Juvenile Justice Mortality Review
18    Team Act.
19        (27) (Blank).
20        (28) Correspondence and records (i) that may not be
21    disclosed under Section 11-9 of the Illinois Public Aid
22    Code or (ii) that pertain to appeals under Section 11-8 of
23    the Illinois Public Aid Code.
24        (29) Meetings between internal or external auditors
25    and governmental audit committees, finance committees, and
26    their equivalents, when the discussion involves internal

 

 

HB2337- 727 -LRB103 05867 HEP 50888 b

1    control weaknesses, identification of potential fraud risk
2    areas, known or suspected frauds, and fraud interviews
3    conducted in accordance with generally accepted auditing
4    standards of the United States of America.
5        (30) Those meetings or portions of meetings of a
6    fatality review team or the Illinois Fatality Review Team
7    Advisory Council during which a review of the death of an
8    eligible adult in which abuse or neglect is suspected,
9    alleged, or substantiated is conducted pursuant to Section
10    15 of the Adult Protective Services Act.
11        (31) Meetings and deliberations for decisions of the
12    Concealed Carry Licensing Review Board under the Firearm
13    Concealed Carry Act.
14        (32) Meetings between the Regional Transportation
15    Authority Board and its Service Boards when the discussion
16    involves review by the Regional Transportation Authority
17    Board of employment contracts under Section 28d of the
18    Metropolitan Transit Authority Act and Sections 3A.18 and
19    3B.26 of the Regional Transportation Authority Act.
20        (33) Those meetings or portions of meetings of the
21    advisory committee and peer review subcommittee created
22    under Section 320 of the Illinois Controlled Substances
23    Act during which specific controlled substance prescriber,
24    dispenser, or patient information is discussed.
25        (34) Meetings of the Tax Increment Financing Reform
26    Task Force under Section 2505-800 of the Department of

 

 

HB2337- 728 -LRB103 05867 HEP 50888 b

1    Revenue Law of the Civil Administrative Code of Illinois.
2        (35) Meetings of the group established to discuss
3    Medicaid capitation rates under Section 5-30.8 of the
4    Illinois Public Aid Code.
5        (36) Those deliberations or portions of deliberations
6    for decisions of the Illinois Gaming Board in which there
7    is discussed any of the following: (i) personal,
8    commercial, financial, or other information obtained from
9    any source that is privileged, proprietary, confidential,
10    or a trade secret; or (ii) information specifically
11    exempted from the disclosure by federal or State law.
12        (37) Deliberations for decisions of the Illinois Law
13    Enforcement Training Standards Board, the Certification
14    Review Panel, and the Illinois State Police Merit Board
15    regarding certification and decertification.
16        (38) Meetings of the Ad Hoc Statewide Domestic
17    Violence Fatality Review Committee of the Illinois
18    Criminal Justice Information Authority Board that occur in
19    closed executive session under subsection (d) of Section
20    35 of the Domestic Violence Fatality Review Act.
21        (39) Meetings of the regional review teams under
22    subsection (a) of Section 75 of the Domestic Violence
23    Fatality Review Act.
24        (40) (38) Meetings of the Firearm Owner's
25    Identification Card Review Board under Section 10 of the
26    Firearm Owners Identification Card Act.

 

 

HB2337- 729 -LRB103 05867 HEP 50888 b

1    (d) Definitions. For purposes of this Section:
2    "Employee" means a person employed by a public body whose
3relationship with the public body constitutes an
4employer-employee relationship under the usual common law
5rules, and who is not an independent contractor.
6    "Public office" means a position created by or under the
7Constitution or laws of this State, the occupant of which is
8charged with the exercise of some portion of the sovereign
9power of this State. The term "public office" shall include
10members of the public body, but it shall not include
11organizational positions filled by members thereof, whether
12established by law or by a public body itself, that exist to
13assist the body in the conduct of its business.
14    "Quasi-adjudicative body" means an administrative body
15charged by law or ordinance with the responsibility to conduct
16hearings, receive evidence or testimony and make
17determinations based thereon, but does not include local
18electoral boards when such bodies are considering petition
19challenges.
20    (e) Final action. No final action may be taken at a closed
21meeting. Final action shall be preceded by a public recital of
22the nature of the matter being considered and other
23information that will inform the public of the business being
24conducted.
25(Source: P.A. 101-31, eff. 6-28-19; 101-459, eff. 8-23-19;
26101-652, eff. 1-1-22; 102-237, eff. 1-1-22; 102-520, eff.

 

 

HB2337- 730 -LRB103 05867 HEP 50888 b

18-20-21; 102-558, eff. 8-20-21; revised 10-6-21.)
 
2    Section 1-345. The Freedom of Information Act is amended
3by changing Sections 7 and 7.5 as follows:
 
4    (5 ILCS 140/7)
5    (Text of Section before amendment by P.A. 102-982)
6    Sec. 7. Exemptions.
7    (1) When a request is made to inspect or copy a public
8record that contains information that is exempt from
9disclosure under this Section, but also contains information
10that is not exempt from disclosure, the public body may elect
11to redact the information that is exempt. The public body
12shall make the remaining information available for inspection
13and copying. Subject to this requirement, the following shall
14be exempt from inspection and copying:
15        (a) Information specifically prohibited from
16    disclosure by federal or State law or rules and
17    regulations implementing federal or State law.
18        (b) Private information, unless disclosure is required
19    by another provision of this Act, a State or federal law,
20    or a court order.
21        (b-5) Files, documents, and other data or databases
22    maintained by one or more law enforcement agencies and
23    specifically designed to provide information to one or
24    more law enforcement agencies regarding the physical or

 

 

HB2337- 731 -LRB103 05867 HEP 50888 b

1    mental status of one or more individual subjects.
2        (c) Personal information contained within public
3    records, the disclosure of which would constitute a
4    clearly unwarranted invasion of personal privacy, unless
5    the disclosure is consented to in writing by the
6    individual subjects of the information. "Unwarranted
7    invasion of personal privacy" means the disclosure of
8    information that is highly personal or objectionable to a
9    reasonable person and in which the subject's right to
10    privacy outweighs any legitimate public interest in
11    obtaining the information. The disclosure of information
12    that bears on the public duties of public employees and
13    officials shall not be considered an invasion of personal
14    privacy.
15        (d) Records in the possession of any public body
16    created in the course of administrative enforcement
17    proceedings, and any law enforcement or correctional
18    agency for law enforcement purposes, but only to the
19    extent that disclosure would:
20            (i) interfere with pending or actually and
21        reasonably contemplated law enforcement proceedings
22        conducted by any law enforcement or correctional
23        agency that is the recipient of the request;
24            (ii) interfere with active administrative
25        enforcement proceedings conducted by the public body
26        that is the recipient of the request;

 

 

HB2337- 732 -LRB103 05867 HEP 50888 b

1            (iii) create a substantial likelihood that a
2        person will be deprived of a fair trial or an impartial
3        hearing;
4            (iv) unavoidably disclose the identity of a
5        confidential source, confidential information
6        furnished only by the confidential source, or persons
7        who file complaints with or provide information to
8        administrative, investigative, law enforcement, or
9        penal agencies; except that the identities of
10        witnesses to traffic accidents, traffic accident
11        reports, and rescue reports shall be provided by
12        agencies of local government, except when disclosure
13        would interfere with an active criminal investigation
14        conducted by the agency that is the recipient of the
15        request;
16            (v) disclose unique or specialized investigative
17        techniques other than those generally used and known
18        or disclose internal documents of correctional
19        agencies related to detection, observation, or
20        investigation of incidents of crime or misconduct, and
21        disclosure would result in demonstrable harm to the
22        agency or public body that is the recipient of the
23        request;
24            (vi) endanger the life or physical safety of law
25        enforcement personnel or any other person; or
26            (vii) obstruct an ongoing criminal investigation

 

 

HB2337- 733 -LRB103 05867 HEP 50888 b

1        by the agency that is the recipient of the request.
2        (d-5) A law enforcement record created for law
3    enforcement purposes and contained in a shared electronic
4    record management system if the law enforcement agency
5    that is the recipient of the request did not create the
6    record, did not participate in or have a role in any of the
7    events which are the subject of the record, and only has
8    access to the record through the shared electronic record
9    management system.
10        (d-6) Records contained in the Officer Professional
11    Conduct Database under Section 9.2 of the Illinois Police
12    Training Act, except to the extent authorized under that
13    Section. This includes the documents supplied to the
14    Illinois Law Enforcement Training Standards Board from the
15    Illinois State Police and Illinois State Police Merit
16    Board.
17        (e) Records that relate to or affect the security of
18    correctional institutions and detention facilities.
19        (e-5) Records requested by persons committed to the
20    Department of Corrections, Department of Human Services
21    Division of Mental Health, or a county jail if those
22    materials are available in the library of the correctional
23    institution or facility or jail where the inmate is
24    confined.
25        (e-6) Records requested by persons committed to the
26    Department of Corrections, Department of Human Services

 

 

HB2337- 734 -LRB103 05867 HEP 50888 b

1    Division of Mental Health, or a county jail if those
2    materials include records from staff members' personnel
3    files, staff rosters, or other staffing assignment
4    information.
5        (e-7) Records requested by persons committed to the
6    Department of Corrections or Department of Human Services
7    Division of Mental Health if those materials are available
8    through an administrative request to the Department of
9    Corrections or Department of Human Services Division of
10    Mental Health.
11        (e-8) Records requested by a person committed to the
12    Department of Corrections, Department of Human Services
13    Division of Mental Health, or a county jail, the
14    disclosure of which would result in the risk of harm to any
15    person or the risk of an escape from a jail or correctional
16    institution or facility.
17        (e-9) Records requested by a person in a county jail
18    or committed to the Department of Corrections or
19    Department of Human Services Division of Mental Health,
20    containing personal information pertaining to the person's
21    victim or the victim's family, including, but not limited
22    to, a victim's home address, home telephone number, work
23    or school address, work telephone number, social security
24    number, or any other identifying information, except as
25    may be relevant to a requester's current or potential case
26    or claim.

 

 

HB2337- 735 -LRB103 05867 HEP 50888 b

1        (e-10) Law enforcement records of other persons
2    requested by a person committed to the Department of
3    Corrections, Department of Human Services Division of
4    Mental Health, or a county jail, including, but not
5    limited to, arrest and booking records, mug shots, and
6    crime scene photographs, except as these records may be
7    relevant to the requester's current or potential case or
8    claim.
9        (f) Preliminary drafts, notes, recommendations,
10    memoranda, and other records in which opinions are
11    expressed, or policies or actions are formulated, except
12    that a specific record or relevant portion of a record
13    shall not be exempt when the record is publicly cited and
14    identified by the head of the public body. The exemption
15    provided in this paragraph (f) extends to all those
16    records of officers and agencies of the General Assembly
17    that pertain to the preparation of legislative documents.
18        (g) Trade secrets and commercial or financial
19    information obtained from a person or business where the
20    trade secrets or commercial or financial information are
21    furnished under a claim that they are proprietary,
22    privileged, or confidential, and that disclosure of the
23    trade secrets or commercial or financial information would
24    cause competitive harm to the person or business, and only
25    insofar as the claim directly applies to the records
26    requested.

 

 

HB2337- 736 -LRB103 05867 HEP 50888 b

1        The information included under this exemption includes
2    all trade secrets and commercial or financial information
3    obtained by a public body, including a public pension
4    fund, from a private equity fund or a privately held
5    company within the investment portfolio of a private
6    equity fund as a result of either investing or evaluating
7    a potential investment of public funds in a private equity
8    fund. The exemption contained in this item does not apply
9    to the aggregate financial performance information of a
10    private equity fund, nor to the identity of the fund's
11    managers or general partners. The exemption contained in
12    this item does not apply to the identity of a privately
13    held company within the investment portfolio of a private
14    equity fund, unless the disclosure of the identity of a
15    privately held company may cause competitive harm.
16        Nothing contained in this paragraph (g) shall be
17    construed to prevent a person or business from consenting
18    to disclosure.
19        (h) Proposals and bids for any contract, grant, or
20    agreement, including information which if it were
21    disclosed would frustrate procurement or give an advantage
22    to any person proposing to enter into a contractor
23    agreement with the body, until an award or final selection
24    is made. Information prepared by or for the body in
25    preparation of a bid solicitation shall be exempt until an
26    award or final selection is made.

 

 

HB2337- 737 -LRB103 05867 HEP 50888 b

1        (i) Valuable formulae, computer geographic systems,
2    designs, drawings, and research data obtained or produced
3    by any public body when disclosure could reasonably be
4    expected to produce private gain or public loss. The
5    exemption for "computer geographic systems" provided in
6    this paragraph (i) does not extend to requests made by
7    news media as defined in Section 2 of this Act when the
8    requested information is not otherwise exempt and the only
9    purpose of the request is to access and disseminate
10    information regarding the health, safety, welfare, or
11    legal rights of the general public.
12        (j) The following information pertaining to
13    educational matters:
14            (i) test questions, scoring keys, and other
15        examination data used to administer an academic
16        examination;
17            (ii) information received by a primary or
18        secondary school, college, or university under its
19        procedures for the evaluation of faculty members by
20        their academic peers;
21            (iii) information concerning a school or
22        university's adjudication of student disciplinary
23        cases, but only to the extent that disclosure would
24        unavoidably reveal the identity of the student; and
25            (iv) course materials or research materials used
26        by faculty members.

 

 

HB2337- 738 -LRB103 05867 HEP 50888 b

1        (k) Architects' plans, engineers' technical
2    submissions, and other construction related technical
3    documents for projects not constructed or developed in
4    whole or in part with public funds and the same for
5    projects constructed or developed with public funds,
6    including, but not limited to, power generating and
7    distribution stations and other transmission and
8    distribution facilities, water treatment facilities,
9    airport facilities, sport stadiums, convention centers,
10    and all government owned, operated, or occupied buildings,
11    but only to the extent that disclosure would compromise
12    security.
13        (l) Minutes of meetings of public bodies closed to the
14    public as provided in the Open Meetings Act until the
15    public body makes the minutes available to the public
16    under Section 2.06 of the Open Meetings Act.
17        (m) Communications between a public body and an
18    attorney or auditor representing the public body that
19    would not be subject to discovery in litigation, and
20    materials prepared or compiled by or for a public body in
21    anticipation of a criminal, civil, or administrative
22    proceeding upon the request of an attorney advising the
23    public body, and materials prepared or compiled with
24    respect to internal audits of public bodies.
25        (n) Records relating to a public body's adjudication
26    of employee grievances or disciplinary cases; however,

 

 

HB2337- 739 -LRB103 05867 HEP 50888 b

1    this exemption shall not extend to the final outcome of
2    cases in which discipline is imposed.
3        (o) Administrative or technical information associated
4    with automated data processing operations, including, but
5    not limited to, software, operating protocols, computer
6    program abstracts, file layouts, source listings, object
7    modules, load modules, user guides, documentation
8    pertaining to all logical and physical design of
9    computerized systems, employee manuals, and any other
10    information that, if disclosed, would jeopardize the
11    security of the system or its data or the security of
12    materials exempt under this Section.
13        (p) Records relating to collective negotiating matters
14    between public bodies and their employees or
15    representatives, except that any final contract or
16    agreement shall be subject to inspection and copying.
17        (q) Test questions, scoring keys, and other
18    examination data used to determine the qualifications of
19    an applicant for a license or employment.
20        (r) The records, documents, and information relating
21    to real estate purchase negotiations until those
22    negotiations have been completed or otherwise terminated.
23    With regard to a parcel involved in a pending or actually
24    and reasonably contemplated eminent domain proceeding
25    under the Eminent Domain Act, records, documents, and
26    information relating to that parcel shall be exempt except

 

 

HB2337- 740 -LRB103 05867 HEP 50888 b

1    as may be allowed under discovery rules adopted by the
2    Illinois Supreme Court. The records, documents, and
3    information relating to a real estate sale shall be exempt
4    until a sale is consummated.
5        (s) Any and all proprietary information and records
6    related to the operation of an intergovernmental risk
7    management association or self-insurance pool or jointly
8    self-administered health and accident cooperative or pool.
9    Insurance or self-insurance self insurance (including any
10    intergovernmental risk management association or
11    self-insurance self insurance pool) claims, loss or risk
12    management information, records, data, advice, or
13    communications.
14        (t) Information contained in or related to
15    examination, operating, or condition reports prepared by,
16    on behalf of, or for the use of a public body responsible
17    for the regulation or supervision of financial
18    institutions, insurance companies, or pharmacy benefit
19    managers, unless disclosure is otherwise required by State
20    law.
21        (u) Information that would disclose or might lead to
22    the disclosure of secret or confidential information,
23    codes, algorithms, programs, or private keys intended to
24    be used to create electronic signatures under the Uniform
25    Electronic Transactions Act.
26        (v) Vulnerability assessments, security measures, and

 

 

HB2337- 741 -LRB103 05867 HEP 50888 b

1    response policies or plans that are designed to identify,
2    prevent, or respond to potential attacks upon a
3    community's population or systems, facilities, or
4    installations, but only to the extent that disclosure
5    could reasonably be expected to expose the vulnerability
6    or jeopardize the effectiveness of the measures, policies,
7    or plans, or the safety of the personnel who implement
8    them or the public. Information exempt under this item may
9    include such things as details pertaining to the
10    mobilization or deployment of personnel or equipment, to
11    the operation of communication systems or protocols, to
12    cybersecurity vulnerabilities, or to tactical operations.
13        (w) (Blank).
14        (x) Maps and other records regarding the location or
15    security of generation, transmission, distribution,
16    storage, gathering, treatment, or switching facilities
17    owned by a utility, by a power generator, or by the
18    Illinois Power Agency.
19        (y) Information contained in or related to proposals,
20    bids, or negotiations related to electric power
21    procurement under Section 1-75 of the Illinois Power
22    Agency Act and Section 16-111.5 of the Public Utilities
23    Act that is determined to be confidential and proprietary
24    by the Illinois Power Agency or by the Illinois Commerce
25    Commission.
26        (z) Information about students exempted from

 

 

HB2337- 742 -LRB103 05867 HEP 50888 b

1    disclosure under Section Sections 10-20.38 or 34-18.29 of
2    the School Code, and information about undergraduate
3    students enrolled at an institution of higher education
4    exempted from disclosure under Section 25 of the Illinois
5    Credit Card Marketing Act of 2009.
6        (aa) Information the disclosure of which is exempted
7    under the Viatical Settlements Act of 2009.
8        (bb) Records and information provided to a mortality
9    review team and records maintained by a mortality review
10    team appointed under the Department of Juvenile Justice
11    Mortality Review Team Act.
12        (cc) Information regarding interments, entombments, or
13    inurnments of human remains that are submitted to the
14    Cemetery Oversight Database under the Cemetery Care Act or
15    the Cemetery Oversight Act, whichever is applicable.
16        (dd) Correspondence and records (i) that may not be
17    disclosed under Section 11-9 of the Illinois Public Aid
18    Code or (ii) that pertain to appeals under Section 11-8 of
19    the Illinois Public Aid Code.
20        (ee) The names, addresses, or other personal
21    information of persons who are minors and are also
22    participants and registrants in programs of park
23    districts, forest preserve districts, conservation
24    districts, recreation agencies, and special recreation
25    associations.
26        (ff) The names, addresses, or other personal

 

 

HB2337- 743 -LRB103 05867 HEP 50888 b

1    information of participants and registrants in programs of
2    park districts, forest preserve districts, conservation
3    districts, recreation agencies, and special recreation
4    associations where such programs are targeted primarily to
5    minors.
6        (gg) Confidential information described in Section
7    1-100 of the Illinois Independent Tax Tribunal Act of
8    2012.
9        (hh) The report submitted to the State Board of
10    Education by the School Security and Standards Task Force
11    under item (8) of subsection (d) of Section 2-3.160 of the
12    School Code and any information contained in that report.
13        (ii) Records requested by persons committed to or
14    detained by the Department of Human Services under the
15    Sexually Violent Persons Commitment Act or committed to
16    the Department of Corrections under the Sexually Dangerous
17    Persons Act if those materials: (i) are available in the
18    library of the facility where the individual is confined;
19    (ii) include records from staff members' personnel files,
20    staff rosters, or other staffing assignment information;
21    or (iii) are available through an administrative request
22    to the Department of Human Services or the Department of
23    Corrections.
24        (jj) Confidential information described in Section
25    5-535 of the Civil Administrative Code of Illinois.
26        (kk) The public body's credit card numbers, debit card

 

 

HB2337- 744 -LRB103 05867 HEP 50888 b

1    numbers, bank account numbers, Federal Employer
2    Identification Number, security code numbers, passwords,
3    and similar account information, the disclosure of which
4    could result in identity theft or impression or defrauding
5    of a governmental entity or a person.
6        (ll) Records concerning the work of the threat
7    assessment team of a school district, including, but not
8    limited to, any threat assessment procedure under the
9    School Safety Drill Act and any information contained in
10    the procedure.
11        (mm) Information prohibited from being disclosed under
12    subsections (a) and (b) of Section 15 of the Student
13    Confidential Reporting Act.
14        (nn) (mm) Proprietary information submitted to the
15    Environmental Protection Agency under the Drug Take-Back
16    Act.
17        (oo) (mm) Records described in subsection (f) of
18    Section 3-5-1 of the Unified Code of Corrections.
19    (1.5) Any information exempt from disclosure under the
20Judicial Privacy Act shall be redacted from public records
21prior to disclosure under this Act.
22    (2) A public record that is not in the possession of a
23public body but is in the possession of a party with whom the
24agency has contracted to perform a governmental function on
25behalf of the public body, and that directly relates to the
26governmental function and is not otherwise exempt under this

 

 

HB2337- 745 -LRB103 05867 HEP 50888 b

1Act, shall be considered a public record of the public body,
2for purposes of this Act.
3    (3) This Section does not authorize withholding of
4information or limit the availability of records to the
5public, except as stated in this Section or otherwise provided
6in this Act.
7(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
8101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
96-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752,
10eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23;
11102-791, eff. 5-13-22; 102-1055, eff. 6-10-22; revised
1212-13-22.)
 
13    (Text of Section after amendment by P.A. 102-982)
14    Sec. 7. Exemptions.
15    (1) When a request is made to inspect or copy a public
16record that contains information that is exempt from
17disclosure under this Section, but also contains information
18that is not exempt from disclosure, the public body may elect
19to redact the information that is exempt. The public body
20shall make the remaining information available for inspection
21and copying. Subject to this requirement, the following shall
22be exempt from inspection and copying:
23        (a) Information specifically prohibited from
24    disclosure by federal or State law or rules and
25    regulations implementing federal or State law.

 

 

HB2337- 746 -LRB103 05867 HEP 50888 b

1        (b) Private information, unless disclosure is required
2    by another provision of this Act, a State or federal law,
3    or a court order.
4        (b-5) Files, documents, and other data or databases
5    maintained by one or more law enforcement agencies and
6    specifically designed to provide information to one or
7    more law enforcement agencies regarding the physical or
8    mental status of one or more individual subjects.
9        (c) Personal information contained within public
10    records, the disclosure of which would constitute a
11    clearly unwarranted invasion of personal privacy, unless
12    the disclosure is consented to in writing by the
13    individual subjects of the information. "Unwarranted
14    invasion of personal privacy" means the disclosure of
15    information that is highly personal or objectionable to a
16    reasonable person and in which the subject's right to
17    privacy outweighs any legitimate public interest in
18    obtaining the information. The disclosure of information
19    that bears on the public duties of public employees and
20    officials shall not be considered an invasion of personal
21    privacy.
22        (d) Records in the possession of any public body
23    created in the course of administrative enforcement
24    proceedings, and any law enforcement or correctional
25    agency for law enforcement purposes, but only to the
26    extent that disclosure would:

 

 

HB2337- 747 -LRB103 05867 HEP 50888 b

1            (i) interfere with pending or actually and
2        reasonably contemplated law enforcement proceedings
3        conducted by any law enforcement or correctional
4        agency that is the recipient of the request;
5            (ii) interfere with active administrative
6        enforcement proceedings conducted by the public body
7        that is the recipient of the request;
8            (iii) create a substantial likelihood that a
9        person will be deprived of a fair trial or an impartial
10        hearing;
11            (iv) unavoidably disclose the identity of a
12        confidential source, confidential information
13        furnished only by the confidential source, or persons
14        who file complaints with or provide information to
15        administrative, investigative, law enforcement, or
16        penal agencies; except that the identities of
17        witnesses to traffic crashes, traffic crash reports,
18        and rescue reports shall be provided by agencies of
19        local government, except when disclosure would
20        interfere with an active criminal investigation
21        conducted by the agency that is the recipient of the
22        request;
23            (v) disclose unique or specialized investigative
24        techniques other than those generally used and known
25        or disclose internal documents of correctional
26        agencies related to detection, observation, or

 

 

HB2337- 748 -LRB103 05867 HEP 50888 b

1        investigation of incidents of crime or misconduct, and
2        disclosure would result in demonstrable harm to the
3        agency or public body that is the recipient of the
4        request;
5            (vi) endanger the life or physical safety of law
6        enforcement personnel or any other person; or
7            (vii) obstruct an ongoing criminal investigation
8        by the agency that is the recipient of the request.
9        (d-5) A law enforcement record created for law
10    enforcement purposes and contained in a shared electronic
11    record management system if the law enforcement agency
12    that is the recipient of the request did not create the
13    record, did not participate in or have a role in any of the
14    events which are the subject of the record, and only has
15    access to the record through the shared electronic record
16    management system.
17        (d-6) Records contained in the Officer Professional
18    Conduct Database under Section 9.2 of the Illinois Police
19    Training Act, except to the extent authorized under that
20    Section. This includes the documents supplied to the
21    Illinois Law Enforcement Training Standards Board from the
22    Illinois State Police and Illinois State Police Merit
23    Board.
24        (e) Records that relate to or affect the security of
25    correctional institutions and detention facilities.
26        (e-5) Records requested by persons committed to the

 

 

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1    Department of Corrections, Department of Human Services
2    Division of Mental Health, or a county jail if those
3    materials are available in the library of the correctional
4    institution or facility or jail where the inmate is
5    confined.
6        (e-6) Records requested by persons committed to the
7    Department of Corrections, Department of Human Services
8    Division of Mental Health, or a county jail if those
9    materials include records from staff members' personnel
10    files, staff rosters, or other staffing assignment
11    information.
12        (e-7) Records requested by persons committed to the
13    Department of Corrections or Department of Human Services
14    Division of Mental Health if those materials are available
15    through an administrative request to the Department of
16    Corrections or Department of Human Services Division of
17    Mental Health.
18        (e-8) Records requested by a person committed to the
19    Department of Corrections, Department of Human Services
20    Division of Mental Health, or a county jail, the
21    disclosure of which would result in the risk of harm to any
22    person or the risk of an escape from a jail or correctional
23    institution or facility.
24        (e-9) Records requested by a person in a county jail
25    or committed to the Department of Corrections or
26    Department of Human Services Division of Mental Health,

 

 

HB2337- 750 -LRB103 05867 HEP 50888 b

1    containing personal information pertaining to the person's
2    victim or the victim's family, including, but not limited
3    to, a victim's home address, home telephone number, work
4    or school address, work telephone number, social security
5    number, or any other identifying information, except as
6    may be relevant to a requester's current or potential case
7    or claim.
8        (e-10) Law enforcement records of other persons
9    requested by a person committed to the Department of
10    Corrections, Department of Human Services Division of
11    Mental Health, or a county jail, including, but not
12    limited to, arrest and booking records, mug shots, and
13    crime scene photographs, except as these records may be
14    relevant to the requester's current or potential case or
15    claim.
16        (f) Preliminary drafts, notes, recommendations,
17    memoranda, and other records in which opinions are
18    expressed, or policies or actions are formulated, except
19    that a specific record or relevant portion of a record
20    shall not be exempt when the record is publicly cited and
21    identified by the head of the public body. The exemption
22    provided in this paragraph (f) extends to all those
23    records of officers and agencies of the General Assembly
24    that pertain to the preparation of legislative documents.
25        (g) Trade secrets and commercial or financial
26    information obtained from a person or business where the

 

 

HB2337- 751 -LRB103 05867 HEP 50888 b

1    trade secrets or commercial or financial information are
2    furnished under a claim that they are proprietary,
3    privileged, or confidential, and that disclosure of the
4    trade secrets or commercial or financial information would
5    cause competitive harm to the person or business, and only
6    insofar as the claim directly applies to the records
7    requested.
8        The information included under this exemption includes
9    all trade secrets and commercial or financial information
10    obtained by a public body, including a public pension
11    fund, from a private equity fund or a privately held
12    company within the investment portfolio of a private
13    equity fund as a result of either investing or evaluating
14    a potential investment of public funds in a private equity
15    fund. The exemption contained in this item does not apply
16    to the aggregate financial performance information of a
17    private equity fund, nor to the identity of the fund's
18    managers or general partners. The exemption contained in
19    this item does not apply to the identity of a privately
20    held company within the investment portfolio of a private
21    equity fund, unless the disclosure of the identity of a
22    privately held company may cause competitive harm.
23        Nothing contained in this paragraph (g) shall be
24    construed to prevent a person or business from consenting
25    to disclosure.
26        (h) Proposals and bids for any contract, grant, or

 

 

HB2337- 752 -LRB103 05867 HEP 50888 b

1    agreement, including information which if it were
2    disclosed would frustrate procurement or give an advantage
3    to any person proposing to enter into a contractor
4    agreement with the body, until an award or final selection
5    is made. Information prepared by or for the body in
6    preparation of a bid solicitation shall be exempt until an
7    award or final selection is made.
8        (i) Valuable formulae, computer geographic systems,
9    designs, drawings, and research data obtained or produced
10    by any public body when disclosure could reasonably be
11    expected to produce private gain or public loss. The
12    exemption for "computer geographic systems" provided in
13    this paragraph (i) does not extend to requests made by
14    news media as defined in Section 2 of this Act when the
15    requested information is not otherwise exempt and the only
16    purpose of the request is to access and disseminate
17    information regarding the health, safety, welfare, or
18    legal rights of the general public.
19        (j) The following information pertaining to
20    educational matters:
21            (i) test questions, scoring keys, and other
22        examination data used to administer an academic
23        examination;
24            (ii) information received by a primary or
25        secondary school, college, or university under its
26        procedures for the evaluation of faculty members by

 

 

HB2337- 753 -LRB103 05867 HEP 50888 b

1        their academic peers;
2            (iii) information concerning a school or
3        university's adjudication of student disciplinary
4        cases, but only to the extent that disclosure would
5        unavoidably reveal the identity of the student; and
6            (iv) course materials or research materials used
7        by faculty members.
8        (k) Architects' plans, engineers' technical
9    submissions, and other construction related technical
10    documents for projects not constructed or developed in
11    whole or in part with public funds and the same for
12    projects constructed or developed with public funds,
13    including, but not limited to, power generating and
14    distribution stations and other transmission and
15    distribution facilities, water treatment facilities,
16    airport facilities, sport stadiums, convention centers,
17    and all government owned, operated, or occupied buildings,
18    but only to the extent that disclosure would compromise
19    security.
20        (l) Minutes of meetings of public bodies closed to the
21    public as provided in the Open Meetings Act until the
22    public body makes the minutes available to the public
23    under Section 2.06 of the Open Meetings Act.
24        (m) Communications between a public body and an
25    attorney or auditor representing the public body that
26    would not be subject to discovery in litigation, and

 

 

HB2337- 754 -LRB103 05867 HEP 50888 b

1    materials prepared or compiled by or for a public body in
2    anticipation of a criminal, civil, or administrative
3    proceeding upon the request of an attorney advising the
4    public body, and materials prepared or compiled with
5    respect to internal audits of public bodies.
6        (n) Records relating to a public body's adjudication
7    of employee grievances or disciplinary cases; however,
8    this exemption shall not extend to the final outcome of
9    cases in which discipline is imposed.
10        (o) Administrative or technical information associated
11    with automated data processing operations, including, but
12    not limited to, software, operating protocols, computer
13    program abstracts, file layouts, source listings, object
14    modules, load modules, user guides, documentation
15    pertaining to all logical and physical design of
16    computerized systems, employee manuals, and any other
17    information that, if disclosed, would jeopardize the
18    security of the system or its data or the security of
19    materials exempt under this Section.
20        (p) Records relating to collective negotiating matters
21    between public bodies and their employees or
22    representatives, except that any final contract or
23    agreement shall be subject to inspection and copying.
24        (q) Test questions, scoring keys, and other
25    examination data used to determine the qualifications of
26    an applicant for a license or employment.

 

 

HB2337- 755 -LRB103 05867 HEP 50888 b

1        (r) The records, documents, and information relating
2    to real estate purchase negotiations until those
3    negotiations have been completed or otherwise terminated.
4    With regard to a parcel involved in a pending or actually
5    and reasonably contemplated eminent domain proceeding
6    under the Eminent Domain Act, records, documents, and
7    information relating to that parcel shall be exempt except
8    as may be allowed under discovery rules adopted by the
9    Illinois Supreme Court. The records, documents, and
10    information relating to a real estate sale shall be exempt
11    until a sale is consummated.
12        (s) Any and all proprietary information and records
13    related to the operation of an intergovernmental risk
14    management association or self-insurance pool or jointly
15    self-administered health and accident cooperative or pool.
16    Insurance or self-insurance self insurance (including any
17    intergovernmental risk management association or
18    self-insurance self insurance pool) claims, loss or risk
19    management information, records, data, advice, or
20    communications.
21        (t) Information contained in or related to
22    examination, operating, or condition reports prepared by,
23    on behalf of, or for the use of a public body responsible
24    for the regulation or supervision of financial
25    institutions, insurance companies, or pharmacy benefit
26    managers, unless disclosure is otherwise required by State

 

 

HB2337- 756 -LRB103 05867 HEP 50888 b

1    law.
2        (u) Information that would disclose or might lead to
3    the disclosure of secret or confidential information,
4    codes, algorithms, programs, or private keys intended to
5    be used to create electronic signatures under the Uniform
6    Electronic Transactions Act.
7        (v) Vulnerability assessments, security measures, and
8    response policies or plans that are designed to identify,
9    prevent, or respond to potential attacks upon a
10    community's population or systems, facilities, or
11    installations, but only to the extent that disclosure
12    could reasonably be expected to expose the vulnerability
13    or jeopardize the effectiveness of the measures, policies,
14    or plans, or the safety of the personnel who implement
15    them or the public. Information exempt under this item may
16    include such things as details pertaining to the
17    mobilization or deployment of personnel or equipment, to
18    the operation of communication systems or protocols, to
19    cybersecurity vulnerabilities, or to tactical operations.
20        (w) (Blank).
21        (x) Maps and other records regarding the location or
22    security of generation, transmission, distribution,
23    storage, gathering, treatment, or switching facilities
24    owned by a utility, by a power generator, or by the
25    Illinois Power Agency.
26        (y) Information contained in or related to proposals,

 

 

HB2337- 757 -LRB103 05867 HEP 50888 b

1    bids, or negotiations related to electric power
2    procurement under Section 1-75 of the Illinois Power
3    Agency Act and Section 16-111.5 of the Public Utilities
4    Act that is determined to be confidential and proprietary
5    by the Illinois Power Agency or by the Illinois Commerce
6    Commission.
7        (z) Information about students exempted from
8    disclosure under Section Sections 10-20.38 or 34-18.29 of
9    the School Code, and information about undergraduate
10    students enrolled at an institution of higher education
11    exempted from disclosure under Section 25 of the Illinois
12    Credit Card Marketing Act of 2009.
13        (aa) Information the disclosure of which is exempted
14    under the Viatical Settlements Act of 2009.
15        (bb) Records and information provided to a mortality
16    review team and records maintained by a mortality review
17    team appointed under the Department of Juvenile Justice
18    Mortality Review Team Act.
19        (cc) Information regarding interments, entombments, or
20    inurnments of human remains that are submitted to the
21    Cemetery Oversight Database under the Cemetery Care Act or
22    the Cemetery Oversight Act, whichever is applicable.
23        (dd) Correspondence and records (i) that may not be
24    disclosed under Section 11-9 of the Illinois Public Aid
25    Code or (ii) that pertain to appeals under Section 11-8 of
26    the Illinois Public Aid Code.

 

 

HB2337- 758 -LRB103 05867 HEP 50888 b

1        (ee) The names, addresses, or other personal
2    information of persons who are minors and are also
3    participants and registrants in programs of park
4    districts, forest preserve districts, conservation
5    districts, recreation agencies, and special recreation
6    associations.
7        (ff) The names, addresses, or other personal
8    information of participants and registrants in programs of
9    park districts, forest preserve districts, conservation
10    districts, recreation agencies, and special recreation
11    associations where such programs are targeted primarily to
12    minors.
13        (gg) Confidential information described in Section
14    1-100 of the Illinois Independent Tax Tribunal Act of
15    2012.
16        (hh) The report submitted to the State Board of
17    Education by the School Security and Standards Task Force
18    under item (8) of subsection (d) of Section 2-3.160 of the
19    School Code and any information contained in that report.
20        (ii) Records requested by persons committed to or
21    detained by the Department of Human Services under the
22    Sexually Violent Persons Commitment Act or committed to
23    the Department of Corrections under the Sexually Dangerous
24    Persons Act if those materials: (i) are available in the
25    library of the facility where the individual is confined;
26    (ii) include records from staff members' personnel files,

 

 

HB2337- 759 -LRB103 05867 HEP 50888 b

1    staff rosters, or other staffing assignment information;
2    or (iii) are available through an administrative request
3    to the Department of Human Services or the Department of
4    Corrections.
5        (jj) Confidential information described in Section
6    5-535 of the Civil Administrative Code of Illinois.
7        (kk) The public body's credit card numbers, debit card
8    numbers, bank account numbers, Federal Employer
9    Identification Number, security code numbers, passwords,
10    and similar account information, the disclosure of which
11    could result in identity theft or impression or defrauding
12    of a governmental entity or a person.
13        (ll) Records concerning the work of the threat
14    assessment team of a school district, including, but not
15    limited to, any threat assessment procedure under the
16    School Safety Drill Act and any information contained in
17    the procedure.
18        (mm) Information prohibited from being disclosed under
19    subsections (a) and (b) of Section 15 of the Student
20    Confidential Reporting Act.
21        (nn) (mm) Proprietary information submitted to the
22    Environmental Protection Agency under the Drug Take-Back
23    Act.
24        (oo) (mm) Records described in subsection (f) of
25    Section 3-5-1 of the Unified Code of Corrections.
26    (1.5) Any information exempt from disclosure under the

 

 

HB2337- 760 -LRB103 05867 HEP 50888 b

1Judicial Privacy Act shall be redacted from public records
2prior to disclosure under this Act.
3    (2) A public record that is not in the possession of a
4public body but is in the possession of a party with whom the
5agency has contracted to perform a governmental function on
6behalf of the public body, and that directly relates to the
7governmental function and is not otherwise exempt under this
8Act, shall be considered a public record of the public body,
9for purposes of this Act.
10    (3) This Section does not authorize withholding of
11information or limit the availability of records to the
12public, except as stated in this Section or otherwise provided
13in this Act.
14(Source: P.A. 101-434, eff. 1-1-20; 101-452, eff. 1-1-20;
15101-455, eff. 8-23-19; 101-652, eff. 1-1-22; 102-38, eff.
166-25-21; 102-558, eff. 8-20-21; 102-694, eff. 1-7-22; 102-752,
17eff. 5-6-22; 102-753, eff. 1-1-23; 102-776, eff. 1-1-23;
18102-791, eff. 5-13-22; 102-982, eff. 7-1-23; 102-1055, eff.
196-10-22; revised 12-13-22.)
 
20    (5 ILCS 140/7.5)
21    Sec. 7.5. Statutory exemptions. To the extent provided for
22by the statutes referenced below, the following shall be
23exempt from inspection and copying:
24        (a) All information determined to be confidential
25    under Section 4002 of the Technology Advancement and

 

 

HB2337- 761 -LRB103 05867 HEP 50888 b

1    Development Act.
2        (b) Library circulation and order records identifying
3    library users with specific materials under the Library
4    Records Confidentiality Act.
5        (c) Applications, related documents, and medical
6    records received by the Experimental Organ Transplantation
7    Procedures Board and any and all documents or other
8    records prepared by the Experimental Organ Transplantation
9    Procedures Board or its staff relating to applications it
10    has received.
11        (d) Information and records held by the Department of
12    Public Health and its authorized representatives relating
13    to known or suspected cases of sexually transmissible
14    disease or any information the disclosure of which is
15    restricted under the Illinois Sexually Transmissible
16    Disease Control Act.
17        (e) Information the disclosure of which is exempted
18    under Section 30 of the Radon Industry Licensing Act.
19        (f) Firm performance evaluations under Section 55 of
20    the Architectural, Engineering, and Land Surveying
21    Qualifications Based Selection Act.
22        (g) Information the disclosure of which is restricted
23    and exempted under Section 50 of the Illinois Prepaid
24    Tuition Act.
25        (h) Information the disclosure of which is exempted
26    under the State Officials and Employees Ethics Act, and

 

 

HB2337- 762 -LRB103 05867 HEP 50888 b

1    records of any lawfully created State or local inspector
2    general's office that would be exempt if created or
3    obtained by an Executive Inspector General's office under
4    that Act.
5        (i) Information contained in a local emergency energy
6    plan submitted to a municipality in accordance with a
7    local emergency energy plan ordinance that is adopted
8    under Section 11-21.5-5 of the Illinois Municipal Code.
9        (j) Information and data concerning the distribution
10    of surcharge moneys collected and remitted by carriers
11    under the Emergency Telephone System Act.
12        (k) Law enforcement officer identification information
13    or driver identification information compiled by a law
14    enforcement agency or the Department of Transportation
15    under Section 11-212 of the Illinois Vehicle Code.
16        (l) Records and information provided to a residential
17    health care facility resident sexual assault and death
18    review team or the Executive Council under the Abuse
19    Prevention Review Team Act.
20        (m) Information provided to the predatory lending
21    database created pursuant to Article 3 of the Residential
22    Real Property Disclosure Act, except to the extent
23    authorized under that Article.
24        (n) Defense budgets and petitions for certification of
25    compensation and expenses for court appointed trial
26    counsel as provided under Sections 10 and 15 of the

 

 

HB2337- 763 -LRB103 05867 HEP 50888 b

1    Capital Crimes Litigation Act. This subsection (n) shall
2    apply until the conclusion of the trial of the case, even
3    if the prosecution chooses not to pursue the death penalty
4    prior to trial or sentencing.
5        (o) Information that is prohibited from being
6    disclosed under Section 4 of the Illinois Health and
7    Hazardous Substances Registry Act.
8        (p) Security portions of system safety program plans,
9    investigation reports, surveys, schedules, lists, data, or
10    information compiled, collected, or prepared by or for the
11    Department of Transportation under Sections 2705-300 and
12    2705-616 of the Department of Transportation Law of the
13    Civil Administrative Code of Illinois, the Regional
14    Transportation Authority under Section 2.11 of the
15    Regional Transportation Authority Act, or the St. Clair
16    County Transit District under the Bi-State Transit Safety
17    Act.
18        (q) Information prohibited from being disclosed by the
19    Personnel Record Review Act.
20        (r) Information prohibited from being disclosed by the
21    Illinois School Student Records Act.
22        (s) Information the disclosure of which is restricted
23    under Section 5-108 of the Public Utilities Act.
24        (t) All identified or deidentified health information
25    in the form of health data or medical records contained
26    in, stored in, submitted to, transferred by, or released

 

 

HB2337- 764 -LRB103 05867 HEP 50888 b

1    from the Illinois Health Information Exchange, and
2    identified or deidentified health information in the form
3    of health data and medical records of the Illinois Health
4    Information Exchange in the possession of the Illinois
5    Health Information Exchange Office due to its
6    administration of the Illinois Health Information
7    Exchange. The terms "identified" and "deidentified" shall
8    be given the same meaning as in the Health Insurance
9    Portability and Accountability Act of 1996, Public Law
10    104-191, or any subsequent amendments thereto, and any
11    regulations promulgated thereunder.
12        (u) Records and information provided to an independent
13    team of experts under the Developmental Disability and
14    Mental Health Safety Act (also known as Brian's Law).
15        (v) Names and information of people who have applied
16    for or received Firearm Owner's Identification Cards under
17    the Firearm Owners Identification Card Act or applied for
18    or received a concealed carry license under the Firearm
19    Concealed Carry Act, unless otherwise authorized by the
20    Firearm Concealed Carry Act; and databases under the
21    Firearm Concealed Carry Act, records of the Concealed
22    Carry Licensing Review Board under the Firearm Concealed
23    Carry Act, and law enforcement agency objections under the
24    Firearm Concealed Carry Act.
25        (v-5) Records of the Firearm Owner's Identification
26    Card Review Board that are exempted from disclosure under

 

 

HB2337- 765 -LRB103 05867 HEP 50888 b

1    Section 10 of the Firearm Owners Identification Card Act.
2        (w) Personally identifiable information which is
3    exempted from disclosure under subsection (g) of Section
4    19.1 of the Toll Highway Act.
5        (x) Information which is exempted from disclosure
6    under Section 5-1014.3 of the Counties Code or Section
7    8-11-21 of the Illinois Municipal Code.
8        (y) Confidential information under the Adult
9    Protective Services Act and its predecessor enabling
10    statute, the Elder Abuse and Neglect Act, including
11    information about the identity and administrative finding
12    against any caregiver of a verified and substantiated
13    decision of abuse, neglect, or financial exploitation of
14    an eligible adult maintained in the Registry established
15    under Section 7.5 of the Adult Protective Services Act.
16        (z) Records and information provided to a fatality
17    review team or the Illinois Fatality Review Team Advisory
18    Council under Section 15 of the Adult Protective Services
19    Act.
20        (aa) Information which is exempted from disclosure
21    under Section 2.37 of the Wildlife Code.
22        (bb) Information which is or was prohibited from
23    disclosure by the Juvenile Court Act of 1987.
24        (cc) Recordings made under the Law Enforcement
25    Officer-Worn Body Camera Act, except to the extent
26    authorized under that Act.

 

 

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1        (dd) Information that is prohibited from being
2    disclosed under Section 45 of the Condominium and Common
3    Interest Community Ombudsperson Act.
4        (ee) Information that is exempted from disclosure
5    under Section 30.1 of the Pharmacy Practice Act.
6        (ff) Information that is exempted from disclosure
7    under the Revised Uniform Unclaimed Property Act.
8        (gg) Information that is prohibited from being
9    disclosed under Section 7-603.5 of the Illinois Vehicle
10    Code.
11        (hh) Records that are exempt from disclosure under
12    Section 1A-16.7 of the Election Code.
13        (ii) Information which is exempted from disclosure
14    under Section 2505-800 of the Department of Revenue Law of
15    the Civil Administrative Code of Illinois.
16        (jj) Information and reports that are required to be
17    submitted to the Department of Labor by registering day
18    and temporary labor service agencies but are exempt from
19    disclosure under subsection (a-1) of Section 45 of the Day
20    and Temporary Labor Services Act.
21        (kk) Information prohibited from disclosure under the
22    Seizure and Forfeiture Reporting Act.
23        (ll) Information the disclosure of which is restricted
24    and exempted under Section 5-30.8 of the Illinois Public
25    Aid Code.
26        (mm) Records that are exempt from disclosure under

 

 

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1    Section 4.2 of the Crime Victims Compensation Act.
2        (nn) Information that is exempt from disclosure under
3    Section 70 of the Higher Education Student Assistance Act.
4        (oo) Communications, notes, records, and reports
5    arising out of a peer support counseling session
6    prohibited from disclosure under the First Responders
7    Suicide Prevention Act.
8        (pp) Names and all identifying information relating to
9    an employee of an emergency services provider or law
10    enforcement agency under the First Responders Suicide
11    Prevention Act.
12        (qq) Information and records held by the Department of
13    Public Health and its authorized representatives collected
14    under the Reproductive Health Act.
15        (rr) Information that is exempt from disclosure under
16    the Cannabis Regulation and Tax Act.
17        (ss) Data reported by an employer to the Department of
18    Human Rights pursuant to Section 2-108 of the Illinois
19    Human Rights Act.
20        (tt) Recordings made under the Children's Advocacy
21    Center Act, except to the extent authorized under that
22    Act.
23        (uu) Information that is exempt from disclosure under
24    Section 50 of the Sexual Assault Evidence Submission Act.
25        (vv) Information that is exempt from disclosure under
26    subsections (f) and (j) of Section 5-36 of the Illinois

 

 

HB2337- 768 -LRB103 05867 HEP 50888 b

1    Public Aid Code.
2        (ww) Information that is exempt from disclosure under
3    Section 16.8 of the State Treasurer Act.
4        (xx) Information that is exempt from disclosure or
5    information that shall not be made public under the
6    Illinois Insurance Code.
7        (yy) Information prohibited from being disclosed under
8    the Illinois Educational Labor Relations Act.
9        (zz) Information prohibited from being disclosed under
10    the Illinois Public Labor Relations Act.
11        (aaa) Information prohibited from being disclosed
12    under Section 1-167 of the Illinois Pension Code.
13        (bbb) (Blank). Information that is prohibited from
14    disclosure by the Illinois Police Training Act and the
15    Illinois State Police Act.
16        (ccc) Records exempt from disclosure under Section
17    2605-304 of the Illinois State Police Law of the Civil
18    Administrative Code of Illinois.
19        (ddd) Information prohibited from being disclosed
20    under Section 35 of the Address Confidentiality for
21    Victims of Domestic Violence, Sexual Assault, Human
22    Trafficking, or Stalking Act.
23        (eee) Information prohibited from being disclosed
24    under subsection (b) of Section 75 of the Domestic
25    Violence Fatality Review Act.
26        (fff) Images from cameras under the Expressway Camera

 

 

HB2337- 769 -LRB103 05867 HEP 50888 b

1    Act. This subsection (fff) is inoperative on and after
2    July 1, 2023.
3        (ggg) Information prohibited from disclosure under
4    paragraph (3) of subsection (a) of Section 14 of the Nurse
5    Agency Licensing Act.
6        (hhh) Information submitted to the Department of State
7    Police in an affidavit or application for an assault
8    weapon endorsement, assault weapon attachment endorsement,
9    .50 caliber rifle endorsement, or .50 caliber cartridge
10    endorsement under the Firearm Owners Identification Card
11    Act.
12(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
13101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
141-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
15eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
16101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
171-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
18eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
19102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
207-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23.)
 
21    Section 1-350. The State Employee Indemnification Act is
22amended by changing Section 1 as follows:
 
23    (5 ILCS 350/1)  (from Ch. 127, par. 1301)
24    Sec. 1. Definitions. For the purpose of this Act:

 

 

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1    (a) The term "State" means the State of Illinois, the
2General Assembly, the court, or any State office, department,
3division, bureau, board, commission, or committee, the
4governing boards of the public institutions of higher
5education created by the State, the Illinois National Guard,
6the Illinois State Guard, the Comprehensive Health Insurance
7Board, any poison control center designated under the Poison
8Control System Act that receives State funding, or any other
9agency or instrumentality of the State. It does not mean any
10local public entity as that term is defined in Section 1-206 of
11the Local Governmental and Governmental Employees Tort
12Immunity Act or a pension fund.
13    (b) The term "employee" means: any present or former
14elected or appointed officer, trustee or employee of the
15State, or of a pension fund; any present or former
16commissioner or employee of the Executive Ethics Commission or
17of the Legislative Ethics Commission; any present or former
18Executive, Legislative, or Auditor General's Inspector
19General; any present or former employee of an Office of an
20Executive, Legislative, or Auditor General's Inspector
21General; any present or former member of the Illinois National
22Guard while on active duty; any present or former member of the
23Illinois State Guard while on State active duty; individuals
24or organizations who contract with the Department of
25Corrections, the Department of Juvenile Justice, the
26Comprehensive Health Insurance Board, or the Department of

 

 

HB2337- 771 -LRB103 05867 HEP 50888 b

1Veterans' Affairs to provide services; individuals or
2organizations who contract with the Department of Human
3Services (as successor to the Department of Mental Health and
4Developmental Disabilities) to provide services including but
5not limited to treatment and other services for sexually
6violent persons; individuals or organizations who contract
7with the Department of Military Affairs for youth programs;
8individuals or organizations who contract to perform carnival
9and amusement ride safety inspections for the Department of
10Labor; individuals who contract with the Office of the State's
11Attorneys Appellate Prosecutor to provide legal services, but
12only when performing duties within the scope of the Office's
13prosecutorial activities; individual representatives of or
14designated organizations authorized to represent the Office of
15State Long-Term Ombudsman for the Department on Aging;
16individual representatives of or organizations designated by
17the Department on Aging in the performance of their duties as
18adult protective services agencies or regional administrative
19agencies under the Adult Protective Services Act; individuals
20or organizations appointed as members of a review team or the
21Advisory Council under the Adult Protective Services Act;
22individuals or organizations who perform volunteer services
23for the State where such volunteer relationship is reduced to
24writing; individuals who serve on any public entity (whether
25created by law or administrative action) described in
26paragraph (a) of this Section; individuals or not for profit

 

 

HB2337- 772 -LRB103 05867 HEP 50888 b

1organizations who, either as volunteers, where such volunteer
2relationship is reduced to writing, or pursuant to contract,
3furnish professional advice or consultation to any agency or
4instrumentality of the State; individuals who serve as foster
5parents for the Department of Children and Family Services
6when caring for youth in care as defined in Section 4d of the
7Children and Family Services Act; individuals who serve as
8members of an independent team of experts under the
9Developmental Disability and Mental Health Safety Act (also
10known as Brian's Law); and individuals who serve as
11arbitrators pursuant to Part 10A of Article II of the Code of
12Civil Procedure and the rules of the Supreme Court
13implementing Part 10A, each as now or hereafter amended; the
14members of the Certification Review Panel under the Illinois
15Police Training Act; the term "employee" does not mean an
16independent contractor except as provided in this Section. The
17term includes an individual appointed as an inspector by the
18Director of the Illinois State Police when performing duties
19within the scope of the activities of a Metropolitan
20Enforcement Group or a law enforcement organization
21established under the Intergovernmental Cooperation Act. An
22individual who renders professional advice and consultation to
23the State through an organization which qualifies as an
24"employee" under the Act is also an employee. The term
25includes the estate or personal representative of an employee.
26    (c) The term "pension fund" means a retirement system or

 

 

HB2337- 773 -LRB103 05867 HEP 50888 b

1pension fund created under the Illinois Pension Code.
2(Source: P.A. 101-81, eff. 7-12-19; 101-652, eff. 1-1-22;
3102-538, eff. 8-20-21; revised 10-6-21.)
 
4    Section 1-355. The Personnel Code is amended by changing
5Section 4c as follows:
 
6    (20 ILCS 415/4c)  (from Ch. 127, par. 63b104c)
7    Sec. 4c. General exemptions. The following positions in
8State service shall be exempt from jurisdictions A, B, and C,
9unless the jurisdictions shall be extended as provided in this
10Act:
11        (1) All officers elected by the people.
12        (2) All positions under the Lieutenant Governor,
13    Secretary of State, State Treasurer, State Comptroller,
14    State Board of Education, Clerk of the Supreme Court,
15    Attorney General, and State Board of Elections.
16        (3) Judges, and officers and employees of the courts,
17    and notaries public.
18        (4) All officers and employees of the Illinois General
19    Assembly, all employees of legislative commissions, all
20    officers and employees of the Illinois Legislative
21    Reference Bureau and the Legislative Printing Unit.
22        (5) All positions in the Illinois National Guard and
23    Illinois State Guard, paid from federal funds or positions
24    in the State Military Service filled by enlistment and

 

 

HB2337- 774 -LRB103 05867 HEP 50888 b

1    paid from State funds.
2        (6) All employees of the Governor at the executive
3    mansion and on his immediate personal staff.
4        (7) Directors of Departments, the Adjutant General,
5    the Assistant Adjutant General, the Director of the
6    Illinois Emergency Management Agency, members of boards
7    and commissions, and all other positions appointed by the
8    Governor by and with the consent of the Senate.
9        (8) The presidents, other principal administrative
10    officers, and teaching, research and extension faculties
11    of Chicago State University, Eastern Illinois University,
12    Governors State University, Illinois State University,
13    Northeastern Illinois University, Northern Illinois
14    University, Western Illinois University, the Illinois
15    Community College Board, Southern Illinois University,
16    Illinois Board of Higher Education, University of
17    Illinois, State Universities Civil Service System,
18    University Retirement System of Illinois, and the
19    administrative officers and scientific and technical staff
20    of the Illinois State Museum.
21        (9) All other employees except the presidents, other
22    principal administrative officers, and teaching, research
23    and extension faculties of the universities under the
24    jurisdiction of the Board of Regents and the colleges and
25    universities under the jurisdiction of the Board of
26    Governors of State Colleges and Universities, Illinois

 

 

HB2337- 775 -LRB103 05867 HEP 50888 b

1    Community College Board, Southern Illinois University,
2    Illinois Board of Higher Education, Board of Governors of
3    State Colleges and Universities, the Board of Regents,
4    University of Illinois, State Universities Civil Service
5    System, University Retirement System of Illinois, so long
6    as these are subject to the provisions of the State
7    Universities Civil Service Act.
8        (10) The Illinois State Police so long as they are
9    subject to the merit provisions of the Illinois State
10    Police Act. Employees of the Illinois State Police Merit
11    Board are subject to the provisions of this Code.
12        (11) (Blank).
13        (12) The technical and engineering staffs of the
14    Department of Transportation, the Department of Nuclear
15    Safety, the Pollution Control Board, and the Illinois
16    Commerce Commission, and the technical and engineering
17    staff providing architectural and engineering services in
18    the Department of Central Management Services.
19        (13) All employees of the Illinois State Toll Highway
20    Authority.
21        (14) The Secretary of the Illinois Workers'
22    Compensation Commission.
23        (15) All persons who are appointed or employed by the
24    Director of Insurance under authority of Section 202 of
25    the Illinois Insurance Code to assist the Director of
26    Insurance in discharging his responsibilities relating to

 

 

HB2337- 776 -LRB103 05867 HEP 50888 b

1    the rehabilitation, liquidation, conservation, and
2    dissolution of companies that are subject to the
3    jurisdiction of the Illinois Insurance Code.
4        (16) All employees of the St. Louis Metropolitan Area
5    Airport Authority.
6        (17) All investment officers employed by the Illinois
7    State Board of Investment.
8        (18) Employees of the Illinois Young Adult
9    Conservation Corps program, administered by the Illinois
10    Department of Natural Resources, authorized grantee under
11    Title VIII of the Comprehensive Employment and Training
12    Act of 1973, 29 U.S.C. 993.
13        (19) Seasonal employees of the Department of
14    Agriculture for the operation of the Illinois State Fair
15    and the DuQuoin State Fair, no one person receiving more
16    than 29 days of such employment in any calendar year.
17        (20) All "temporary" employees hired under the
18    Department of Natural Resources' Illinois Conservation
19    Service, a youth employment program that hires young
20    people to work in State parks for a period of one year or
21    less.
22        (21) All hearing officers of the Human Rights
23    Commission.
24        (22) All employees of the Illinois Mathematics and
25    Science Academy.
26        (23) All employees of the Kankakee River Valley Area

 

 

HB2337- 777 -LRB103 05867 HEP 50888 b

1    Airport Authority.
2        (24) The commissioners and employees of the Executive
3    Ethics Commission.
4        (25) The Executive Inspectors General, including
5    special Executive Inspectors General, and employees of
6    each Office of an Executive Inspector General.
7        (26) The commissioners and employees of the
8    Legislative Ethics Commission.
9        (27) The Legislative Inspector General, including
10    special Legislative Inspectors General, and employees of
11    the Office of the Legislative Inspector General.
12        (28) The Auditor General's Inspector General and
13    employees of the Office of the Auditor General's Inspector
14    General.
15        (29) All employees of the Illinois Power Agency.
16        (30) Employees having demonstrable, defined advanced
17    skills in accounting, financial reporting, or technical
18    expertise who are employed within executive branch
19    agencies and whose duties are directly related to the
20    submission to the Office of the Comptroller of financial
21    information for the publication of the annual
22    comprehensive financial report.
23        (31) All employees of the Illinois Sentencing Policy
24    Advisory Council.
25(Source: P.A. 101-652, eff. 1-1-22; 102-291, eff. 8-6-21;
26102-538, eff. 8-20-21; 102-783, eff. 5-13-22; 102-813, eff.

 

 

HB2337- 778 -LRB103 05867 HEP 50888 b

15-13-22.)
 
2    Section 1-360. The Department of State Police Law of the
3Civil Administrative Code of Illinois is amended by changing
4Section 2605-50 as follows:
 
5    (20 ILCS 2605/2605-50)  (was 20 ILCS 2605/55a-6)
6    Sec. 2605-50. Division of Internal Investigation. The
7Division of Internal Investigation shall have jurisdiction and
8initiate internal Illinois State Police investigations and, at
9the direction of the Governor, investigate complaints and
10initiate investigations of official misconduct by State
11officers and all State employees. Notwithstanding any other
12provisions of law, the Division shall serve as the
13investigative body for the Illinois State Police for purposes
14of compliance with the provisions of Sections 12.6 and 12.7 of
15this Act.
16(Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21;
17revised 10-4-21.)
 
18    Section 1-365. The State Police Act is amended by changing
19Sections 3, 6, 8, and 9 as follows:
 
20    (20 ILCS 2610/3)  (from Ch. 121, par. 307.3)
21    Sec. 3. The Governor shall appoint, by and with the advice
22and consent of the Senate, an Illinois State Police Merit

 

 

HB2337- 779 -LRB103 05867 HEP 50888 b

1Board, hereinafter called the Board, consisting of 7 5 members
2to hold office. The Governor shall appoint new board members
3within 30 days for the vacancies created under this amendatory
4Act. Board members shall be appointed to four-year terms. No
5member shall be appointed to more than 2 terms. In making the
6appointments, the Governor shall make a good faith effort to
7appoint members reflecting the geographic, ethic, and cultural
8diversity of this State. In making the appointments, the
9Governor should also consider appointing: persons with
10professional backgrounds, possessing legal, management,
11personnel, or labor experience; at least one member with at
12least 10 years of experience as a licensed physician or
13clinical psychologist with expertise in mental health; and at
14least one member affiliated with an organization commitment to
15social and economic rights and to eliminating discrimination.
16, one until the third Monday in March, 1951, one until the
17third Monday in March, 1953, and one until the third Monday in
18March, 1955, and until their respective successors are
19appointed and qualified. One of the members added by this
20amendatory Act of 1977 shall serve a term expiring on the third
21Monday in March, 1980, and until his successor is appointed
22and qualified, and one shall serve a term expiring on the third
23Monday in March, 1982, and until his successor is appointed
24and qualified. Upon the expiration of the terms of office of
25those first appointed, their respective successors shall be
26appointed to hold office from the third Monday in March of the

 

 

HB2337- 780 -LRB103 05867 HEP 50888 b

1year of their respective appointments for a term of six years
2and until their successors are appointed and qualified for a
3like term. No more than 4 3 members of the Board shall be
4affiliated with the same political party. If the Senate is not
5in session at the time initial appointments are made pursuant
6to this Section section, the Governor shall make temporary
7appointments as in the case of a vacancy. In order to avoid
8actual conflicts of interest, or the appearance of conflicts
9of interest, no board member shall be a retired or former
10employee of the Illinois State Police. When a Board member may
11have an actual, perceived, or potential conflict of interest
12that could prevent the Board member from making a fair and
13impartial decision on a complaint or formal complaint against
14an Illinois State Police officer, the Board member shall
15recuse himself or herself; or If the Board member fails to
16recuse himself or herself, then the Board may, by a simple
17majority, vote to recuse the Board member.
18(Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21;
19revised 10-4-21.)
 
20    (20 ILCS 2610/6)  (from Ch. 121, par. 307.6)
21    Sec. 6. The Board is authorized to employ such clerical
22and technical staff assistants, not to exceed fifteen, as may
23be necessary to enable the Board to transact its business and,
24if the rate of compensation is not otherwise fixed by law, to
25fix their compensation. In order to avoid actual conflicts of

 

 

HB2337- 781 -LRB103 05867 HEP 50888 b

1interest, or the appearance of conflicts of interest, no
2employee, contractor, clerical or technical staff shall be a
3retired or former employee of the Illinois State Police. All
4employees shall be subject to the Personnel Code.
5(Source: Laws 1949, p. 1357; P.A. 101-652.)
 
6    (20 ILCS 2610/8)  (from Ch. 121, par. 307.8)
7    Sec. 8. Board jurisdiction.
8    (a) The Board shall exercise jurisdiction over the
9certification for appointment and promotion, and over the
10discipline, removal, demotion, and suspension of Illinois
11State Police officers. The Board and the Illinois State Police
12should also ensure Illinois State Police cadets and officers
13represent the utmost integrity and professionalism and
14represent the geographic, ethnic, and cultural diversity of
15this State. The Board shall also exercise jurisdiction to
16certify and terminate Illinois State Police Officers in
17compliance with certification standards consistent with
18Sections 9, 11.5, and 12.6 of this Act. Pursuant to recognized
19merit principles of public employment, the Board shall
20formulate, adopt, and put into effect rules, regulations, and
21procedures for its operation and the transaction of its
22business. The Board shall establish a classification of ranks
23of persons subject to its jurisdiction and shall set standards
24and qualifications for each rank. Each Illinois State Police
25officer appointed by the Director shall be classified as a

 

 

HB2337- 782 -LRB103 05867 HEP 50888 b

1State Police officer as follows: trooper, sergeant, master
2sergeant, lieutenant, captain, major, or Special Agent.
3    (b) The Board shall publish all standards and
4qualifications for each rank, including Cadet, on its website.
5This shall include, but not be limited to, all physical
6fitness, medical, visual, and hearing standards. The Illinois
7State Police shall cooperate with the Board by providing any
8necessary information to complete this requirement.
9(Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21;
10revised 10-4-21.)
 
11    (20 ILCS 2610/9)  (from Ch. 121, par. 307.9)
12    Sec. 9. Appointment; qualifications.
13    (a) Except as otherwise provided in this Section, the
14appointment of Illinois State Police officers shall be made
15from those applicants who have been certified by the Board as
16being qualified for appointment. All persons so appointed
17shall, at the time of their appointment, be not less than 21
18years of age, or 20 years of age and have successfully
19completed an associate's degree or 60 credit hours at an
20accredited college or university. Any person appointed
21subsequent to successful completion of an associate's degree
22or 60 credit hours at an accredited college or university
23shall not have power of arrest, nor shall he or she be
24permitted to carry firearms, until he or she reaches 21 years
25of age. In addition, all persons so certified for appointment

 

 

HB2337- 783 -LRB103 05867 HEP 50888 b

1shall be of sound mind and body, be of good moral character, be
2citizens of the United States, have no criminal records,
3possess such prerequisites of training, education, and
4experience as the Board may from time to time prescribe so long
5as persons who have an associate's degree or 60 credit hours at
6an accredited college or university are not disqualified, and
7shall be required to pass successfully such mental and
8physical tests and examinations as may be prescribed by the
9Board. All persons who meet one of the following requirements
10are deemed to have met the collegiate educational
11requirements:
12        (i) have been honorably discharged and who have been
13    awarded a Southwest Asia Service Medal, Kosovo Campaign
14    Medal, Korean Defense Service Medal, Afghanistan Campaign
15    Medal, Iraq Campaign Medal, or Global War on Terrorism
16    Expeditionary Medal by the United States Armed Forces;
17        (ii) are active members of the Illinois National Guard
18    or a reserve component of the United States Armed Forces
19    and who have been awarded a Southwest Asia Service Medal,
20    Kosovo Campaign Medal, Korean Defense Service Medal,
21    Afghanistan Campaign Medal, Iraq Campaign Medal, or Global
22    War on Terrorism Expeditionary Medal as a result of
23    honorable service during deployment on active duty;
24        (iii) have been honorably discharged who served in a
25    combat mission by proof of hostile fire pay or imminent
26    danger pay during deployment on active duty; or

 

 

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1        (iv) have at least 3 years of full active and
2    continuous military duty and received an honorable
3    discharge before hiring.
4    Preference shall be given in such appointments to persons
5who have honorably served in the military or naval services of
6the United States. All appointees shall serve a probationary
7period of 12 months from the date of appointment and during
8that period may be discharged at the will of the Director.
9However, the Director may in his or her sole discretion extend
10the probationary period of an officer up to an additional 6
11months when to do so is deemed in the best interest of the
12Illinois State Police. Nothing in this subsection (a) limits
13the Board's ability to prescribe education prerequisites or
14requirements to certify Illinois State Police officers for
15promotion as provided in Section 10 of this Act.
16    (b) Notwithstanding the other provisions of this Act,
17after July 1, 1977 and before July 1, 1980, the Director of
18State Police may appoint and promote not more than 20 persons
19having special qualifications as special agents as he or she
20deems necessary to carry out the Department's objectives. Any
21such appointment or promotion shall be ratified by the Board.
22    (c) During the 90 days following March 31, 1995 (the
23effective date of Public Act 89-9), the Director of State
24Police may appoint up to 25 persons as State Police officers.
25These appointments shall be made in accordance with the
26requirements of this subsection (c) and any additional

 

 

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1criteria that may be established by the Director, but are not
2subject to any other requirements of this Act. The Director
3may specify the initial rank for each person appointed under
4this subsection.
5    All appointments under this subsection (c) shall be made
6from personnel certified by the Board. A person certified by
7the Board and appointed by the Director under this subsection
8must have been employed by the Illinois Commerce Commission on
9November 30, 1994 in a job title subject to the Personnel Code
10and in a position for which the person was eligible to earn
11"eligible creditable service" as a "noncovered employee", as
12those terms are defined in Article 14 of the Illinois Pension
13Code.
14    Persons appointed under this subsection (c) shall
15thereafter be subject to the same requirements and procedures
16as other State police officers. A person appointed under this
17subsection must serve a probationary period of 12 months from
18the date of appointment, during which he or she may be
19discharged at the will of the Director.
20    This subsection (c) does not affect or limit the
21Director's authority to appoint other State Police officers
22under subsection (a) of this Section.
23    (d) During the 180 days following January 1, 2022 (the
24effective date of Public Act 101-652), the Director of the
25Illinois State Police may appoint current Illinois State
26Police employees serving in law enforcement officer positions

 

 

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1previously within Central Management Services as State Police
2officers. These appointments shall be made in accordance with
3the requirements of this subsection (d) and any institutional
4criteria that may be established by the Director, but are not
5subject to any other requirements of this Act. All
6appointments under this subsection (d) shall be made from
7personnel certified by the Board. A person certified by the
8Board and appointed by the Director under this subsection must
9have been employed by the a State agency, board, or commission
10on January 1, 2021 in a job title subject to the Personnel Code
11and in a position for which the person was eligible to earn
12"eligible creditable service" as a "noncovered employee", as
13those terms are defined in Article 14 of the Illinois Pension
14Code. Persons appointed under this subsection (d) shall
15thereafter be subject to the same requirements, and subject to
16the same contractual benefits and obligations, as other State
17police officers. This subsection (d) does not affect or limit
18the Director's authority to appoint other State Police
19officers under subsection (a) of this Section.
20    (e) The Merit Board shall review Illinois State Police
21Cadet applicants. The Illinois State Police may provide
22background check and investigation material to the Board for
23its review pursuant to this Section. The Board shall approve
24and ensure that no cadet applicant is certified unless the
25applicant is a person of good character and has not been
26convicted of, or entered a plea of guilty to, a felony offense,

 

 

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1any of the misdemeanors specified in this Section or if
2committed in any other state would be an offense similar to
3Section 11-1.50, 11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14,
411-14.1, 11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1, 17-1,
517-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in
6violation of any Section of Part E of Title III of the Criminal
7Code of 1961 or the Criminal Code of 2012, 32-4a, or 32-7 of
8the Criminal Code of 1961 or the Criminal Code of 2012, or
9subsection (a) of Section 17-32 of the Criminal Code of 1961 or
10the Criminal Code of 2012, to Section 5 or 5.2 of the Cannabis
11Control Act, or any felony or misdemeanor in violation of
12federal law or the law of any state that is the equivalent of
13any of the offenses specified therein. The Officer
14Professional Conduct Database, provided for in Section 9.2 of
15the Illinois Police Training Act, shall be searched as part of
16this process. For purposes of this Section, "convicted of, or
17entered a plea of guilty" regardless of whether the
18adjudication of guilt or sentence is withheld or not entered
19thereon. This includes sentences of supervision, conditional
20discharge, or first offender probation, or any similar
21disposition provided for by law.
22    (f) The Board shall by rule establish an application fee
23waiver program for any person who meets one or more of the
24following criteria:
25        (1) his or her available personal income is 200% or
26    less of the current poverty level; or

 

 

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1        (2) he or she is, in the discretion of the Board,
2    unable to proceed in an action with payment of application
3    fee and payment of that fee would result in substantial
4    hardship to the person or the person's family.
5(Source: P.A. 101-374, eff. 1-1-20; 101-652, eff. 1-1-22;
6102-538, eff. 8-20-21; 102-694, eff. 1-7-22; 102-813, eff.
75-13-22; revised 8-24-22.)
 
8    (20 ILCS 2610/6.5 rep.)
9    (20 ILCS 2610/11.5 rep.)
10    (20 ILCS 2610/11.6 rep.)
11    (20 ILCS 2610/12.6 rep.)
12    (20 ILCS 2610/12.7 rep.)
13    (20 ILCS 2610/40.1 rep.)
14    (20 ILCS 2610/46 rep.)
15    Section 1-370. The State Police Act is amended by
16repealing Sections 6.5, 11.5, 11.6, 12.6, 12.7, 40.1, and 46.
 
17    Section 1-375. The Illinois Police Training Act is amended
18by changing Sections 2, 3, 6, 6.1, 7, 7.5, 8, 8.1, 8.2, 9, 10,
1910.1, 10.2, 10.3, 10.7, 10.11, 10.18, 10.19, and 10.20 as
20follows:
 
21    (50 ILCS 705/2)  (from Ch. 85, par. 502)
22    Sec. 2. Definitions. As used in this Act, unless the
23context otherwise requires:

 

 

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1    "Board" means the Illinois Law Enforcement Training
2Standards Board.
3    "Local governmental agency" means any local governmental
4unit or municipal corporation in this State. It does not
5include the State of Illinois or any office, officer,
6department, division, bureau, board, commission, or agency of
7the State, except that it does include a State-controlled
8university, college or public community college.
9    "Police training school" means any school located within
10the State of Illinois whether privately or publicly owned
11which offers a course in police or county corrections training
12and has been approved by the Board.
13    "Probationary police officer" means a recruit law
14enforcement officer required to successfully complete initial
15minimum basic training requirements at a police training
16school to be eligible for permanent full-time employment as a
17local law enforcement officer.
18    "Probationary part-time police officer" means a recruit
19part-time law enforcement officer required to successfully
20complete initial minimum part-time training requirements to be
21eligible for employment on a part-time basis as a local law
22enforcement officer.
23    "Permanent police officer" means a law enforcement officer
24who has completed his or her probationary period and is
25permanently employed on a full-time basis as a local law
26enforcement officer by a participating local governmental unit

 

 

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1or as a security officer or campus policeman permanently
2employed by a participating State-controlled university,
3college, or public community college.
4    "Part-time police officer" means a law enforcement officer
5who has completed his or her probationary period and is
6employed on a part-time basis as a law enforcement officer by a
7participating unit of local government or as a campus
8policeman by a participating State-controlled university,
9college, or public community college.
10    "Law enforcement officer" means (i) any police officer of
11a local governmental agency who is primarily responsible for
12prevention or detection of crime and the enforcement of the
13criminal code, traffic, or highway laws of this State or any
14political subdivision of this State or (ii) any member of a
15police force appointed and maintained as provided in Section 2
16of the Railroad Police Act.
17    "Recruit" means any full-time or part-time law enforcement
18officer or full-time county corrections officer who is
19enrolled in an approved training course.
20    "Probationary county corrections officer" means a recruit
21county corrections officer required to successfully complete
22initial minimum basic training requirements at a police
23training school to be eligible for permanent employment on a
24full-time basis as a county corrections officer.
25    "Permanent county corrections officer" means a county
26corrections officer who has completed his probationary period

 

 

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1and is permanently employed on a full-time basis as a county
2corrections officer by a participating local governmental
3unit.
4    "County corrections officer" means any sworn officer of
5the sheriff who is primarily responsible for the control and
6custody of offenders, detainees or inmates.
7    "Probationary court security officer" means a recruit
8court security officer required to successfully complete
9initial minimum basic training requirements at a designated
10training school to be eligible for employment as a court
11security officer.
12    "Permanent court security officer" means a court security
13officer who has completed his or her probationary period and
14is employed as a court security officer by a participating
15local governmental unit.
16    "Court security officer" has the meaning ascribed to it in
17Section 3-6012.1 of the Counties Code.
18    "Board" means the Illinois Law Enforcement Training
19Standards Board.
20    "Full-time law enforcement officer" means a law
21enforcement officer who has completed the officer's
22probationary period and is employed on a full-time basis as a
23law enforcement officer by a local government agency, State
24government agency, or as a campus police officer by a
25university, college, or community college.
26    "Law Enforcement agency" means any entity with statutory

 

 

HB2337- 792 -LRB103 05867 HEP 50888 b

1police powers and the ability to employ individuals authorized
2to make arrests. It does not include the Illinois State Police
3as defined in the State Police Act. A law enforcement agency
4may include any university, college, or community college.
5    "Local law enforcement agency" means any law enforcement
6unit of government or municipal corporation in this State. It
7does not include the State of Illinois or any office, officer,
8department, division, bureau, board, commission, or agency of
9the State, except that it does include a State-controlled
10university, college or public community college.
11    "State law enforcement agency" means any law enforcement
12agency of this State. This includes any office, officer,
13department, division, bureau, board, commission, or agency of
14the State. It does not include the Illinois State Police as
15defined in the State Police Act.
16    "Panel" means the Certification Review Panel.
17    "Basic training school" means any school located within
18the State of Illinois whether privately or publicly owned
19which offers a course in basic law enforcement or county
20corrections training and has been approved by the Board.
21    "Probationary police officer" means a recruit law
22enforcement officer required to successfully complete initial
23minimum basic training requirements at a basic training school
24to be eligible for permanent full-time employment as a local
25law enforcement officer.
26    "Probationary part-time police officer" means a recruit

 

 

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1part-time law enforcement officer required to successfully
2complete initial minimum part-time training requirements to be
3eligible for employment on a part-time basis as a local law
4enforcement officer.
5    "Permanent law enforcement officer" means a law
6enforcement officer who has completed the officer's
7probationary period and is permanently employed on a full-time
8basis as a local law enforcement officer, as a security
9officer, or campus police officer permanently employed by a
10law enforcement agency.
11    "Part-time law enforcement officer" means a law
12enforcement officer who has completed the officer's
13probationary period and is employed on a part-time basis as a
14law enforcement officer or as a campus police officer by a law
15enforcement agency.
16    "Law enforcement officer" means (i) any police officer of
17a law enforcement agency who is primarily responsible for
18prevention or detection of crime and the enforcement of the
19criminal code, traffic, or highway laws of this State or any
20political subdivision of this State or (ii) any member of a
21police force appointed and maintained as provided in Section 2
22of the Railroad Police Act.
23    "Recruit" means any full-time or part-time law enforcement
24officer or full-time county corrections officer who is
25enrolled in an approved training course.
26    "Review Committee" means the committee at the Board for

 

 

HB2337- 794 -LRB103 05867 HEP 50888 b

1certification disciplinary cases in which the Panel, a law
2enforcement officer, or a law enforcement agency may file for
3reconsideration of a decertification decision made by the
4Board.
5    "Probationary county corrections officer" means a recruit
6county corrections officer required to successfully complete
7initial minimum basic training requirements at a basic
8training school to be eligible for permanent employment on a
9full-time basis as a county corrections officer.
10    "Permanent county corrections officer" means a county
11corrections officer who has completed the officer's
12probationary period and is permanently employed on a full-time
13basis as a county corrections officer by a participating law
14enforcement agency.
15    "County corrections officer" means any sworn officer of
16the sheriff who is primarily responsible for the control and
17custody of offenders, detainees or inmates.
18    "Probationary court security officer" means a recruit
19court security officer required to successfully complete
20initial minimum basic training requirements at a designated
21training school to be eligible for employment as a court
22security officer.
23    "Permanent court security officer" means a court security
24officer who has completed the officer's probationary period
25and is employed as a court security officer by a participating
26law enforcement agency.

 

 

HB2337- 795 -LRB103 05867 HEP 50888 b

1    "Court security officer" has the meaning ascribed to it in
2Section 3-6012.1 of the Counties Code.
3(Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
 
4    (50 ILCS 705/3)  (from Ch. 85, par. 503)
5    Sec. 3. Board; composition; appointments; tenure;
6vacancies.
7    (a) The Board shall be composed of 18 members selected as
8follows: The Attorney General of the State of Illinois, the
9Director of the Illinois State Police, the Director of
10Corrections, the Superintendent of the Chicago Police
11Department, the Sheriff of Cook County, the Clerk of the
12Circuit Court of Cook County, who shall serve as ex officio
13members, and the following to be appointed by the Governor: 2
14mayors or village presidents of Illinois municipalities, 2
15Illinois county sheriffs from counties other than Cook County,
162 managers of Illinois municipalities, 2 chiefs of municipal
17police departments in Illinois having no Superintendent of the
18Police Department on the Board, 2 citizens of Illinois who
19shall be members of an organized enforcement officers'
20association, one active member of a statewide association
21representing sheriffs, and one active member of a statewide
22association representing municipal police chiefs. The
23appointments of the Governor shall be made on the first Monday
24of August in 1965 with 3 of the appointments to be for a period
25of one year, 3 for 2 years, and 3 for 3 years. Their successors

 

 

HB2337- 796 -LRB103 05867 HEP 50888 b

1shall be appointed in like manner for terms to expire the first
2Monday of August each 3 years thereafter. All members shall
3serve until their respective successors are appointed and
4qualify. Vacancies shall be filled by the Governor for the
5unexpired terms. Any ex officio member may appoint a designee
6to the Board who shall have the same powers and immunities
7otherwise conferred to the member of the Board, including the
8power to vote and be counted toward quorum, so long as the
9member is not in attendance.
10    (a-5) Within the Board is created a Review Committee. The
11Review Committee shall review disciplinary cases in which the
12Panel, the law enforcement officer, or the law enforcement
13agency file for reconsideration of a decertification decision
14made by the Board. The Review Committee shall be composed of 9
15annually rotating members from the Board appointed by the
16Board Chairman. One member of the Review Committee shall be
17designated by the Board Chairman as the Chair. The Review
18Committee shall sit in 3 member panels composed of one member
19representing law enforcement management, one member
20representing members of law enforcement, and one member who is
21not a current or former member of law enforcement.
22    (b) When a Board member may have an actual, perceived, or
23potential conflict of interest or appearance of bias that
24could prevent the Board member from making a fair and
25impartial decision regarding decertification:
26        (1) The Board member shall recuse himself or herself.

 

 

HB2337- 797 -LRB103 05867 HEP 50888 b

1        (2) If the Board member fails to recuse himself or
2    herself, then the Board may, by a simple majority of the
3    remaining members, vote to recuse the Board member. Board
4    members who are found to have voted on a matter in which
5    they should have recused themselves may be removed from
6    the Board by the Governor.
7    A conflict of interest or appearance of bias may include,
8but is not limited to, matters where one of the following is a
9party to a decision on a decertification or formal complaint:
10someone with whom the member has an employment relationship;
11any of the following relatives: spouse, parents, children,
12adopted children, legal wards, stepchildren, step parents,
13step siblings, half siblings, siblings, parents-in-law,
14siblings-in-law, children-in-law, aunts, uncles, nieces, and
15nephews; a friend; or a member of a professional organization,
16association, or a union in which the member now actively
17serves.
18    (c) A vacancy in members does not prevent a quorum of the
19remaining sitting members from exercising all rights and
20performing all duties of the Board.
21    (d) An individual serving on the Board shall not also
22serve on the Panel.
23(Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21;
24102-694, eff. 1-7-22.)
 
25    (50 ILCS 705/6)  (from Ch. 85, par. 506)

 

 

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1    Sec. 6. Powers and duties of the Board; selection and
2certification of schools. The Board shall select and certify
3schools within the State of Illinois for the purpose of
4providing basic training for probationary police officers,
5probationary county corrections officers, and court security
6officers and of providing advanced or in-service training for
7permanent police officers or permanent county corrections
8officers, which schools may be either publicly or privately
9owned and operated. In addition, the Board has the following
10power and duties:
11        a. To require local governmental units to furnish such
12    reports and information as the Board deems necessary to
13    fully implement this Act.
14        b. To establish appropriate mandatory minimum
15    standards relating to the training of probationary local
16    police officers or probationary county corrections
17    officers, and in-service training of permanent law
18    enforcement officers.
19        c. To provide appropriate certification to those
20    probationary officers who successfully complete the
21    prescribed minimum standard basic training course.
22        d. To review and approve annual training curriculum
23    for county sheriffs.
24        e. To review and approve applicants to ensure that no
25    applicant is admitted to a certified academy unless the
26    applicant is a person of good character and has not been

 

 

HB2337- 799 -LRB103 05867 HEP 50888 b

1    convicted of, or entered a plea of guilty to, a felony
2    offense, any of the misdemeanors in Sections 11-1.50,
3    11-6, 11-9.1, 11-14, 11-17, 11-19, 12-2, 12-15, 16-1,
4    17-1, 17-2, 28-3, 29-1, 31-1, 31-6, 31-7, 32-4a, or 32-7
5    of the Criminal Code of 1961 or the Criminal Code of 2012,
6    subdivision (a)(1) or (a)(2)(C) of Section 11-14.3 of the
7    Criminal Code of 1961 or the Criminal Code of 2012, or
8    subsection (a) of Section 17-32 of the Criminal Code of
9    1961 or the Criminal Code of 2012, or Section 5 or 5.2 of
10    the Cannabis Control Act, or a crime involving moral
11    turpitude under the laws of this State or any other state
12    which if committed in this State would be punishable as a
13    felony or a crime of moral turpitude. The Board may
14    appoint investigators who shall enforce the duties
15    conferred upon the Board by this Act.
16        For purposes of this paragraph e, a person is
17    considered to have been convicted of, found guilty of, or
18    entered a plea of guilty to, plea of nolo contendere to
19    regardless of whether the adjudication of guilt or
20    sentence is withheld or not entered thereon. This includes
21    sentences of supervision, conditional discharge, or first
22    offender probation, or any similar disposition provided
23    for by law.
24The Board shall select and certify schools within the State of
25Illinois for the purpose of providing basic training for
26probationary law enforcement officers, probationary county

 

 

HB2337- 800 -LRB103 05867 HEP 50888 b

1corrections officers, and court security officers and of
2providing advanced or in-service training for permanent law
3enforcement officers or permanent county corrections officers,
4which schools may be either publicly or privately owned and
5operated. In addition, the Board has the following power and
6duties:
7        a. To require law enforcement agencies to furnish such
8    reports and information as the Board deems necessary to
9    fully implement this Act.
10        b. To establish appropriate mandatory minimum
11    standards relating to the training of probationary local
12    law enforcement officers or probationary county
13    corrections officers, and in-service training of permanent
14    law enforcement officers.
15        c. To provide appropriate certification to those
16    probationary officers who successfully complete the
17    prescribed minimum standard basic training course.
18        d. To review and approve annual training curriculum
19    for county sheriffs.
20        e. To review and approve applicants to ensure that no
21    applicant is admitted to a certified academy unless the
22    applicant is a person of good character and has not been
23    convicted of, found guilty of, entered a plea of guilty
24    to, or entered a plea of nolo contendere to a felony
25    offense, any of the misdemeanors in Sections 11-1.50,
26    11-6, 11-6.5, 11-6.6, 11-9.1, 11-9.1B, 11-14, 11-14.1,

 

 

HB2337- 801 -LRB103 05867 HEP 50888 b

1    11-30, 12-2, 12-3.2, 12-3.4, 12-3.5, 16-1, 17-1, 17-2,
2    26.5-1, 26.5-2, 26.5-3, 28-3, 29-1, any misdemeanor in
3    violation of any Section of Part E of Title III of the
4    Criminal Code of 1961 or the Criminal Code of 2012, or
5    subsection (a) of Section 17-32 of the Criminal Code of
6    1961 or the Criminal Code of 2012, or Section 5 or 5.2 of
7    the Cannabis Control Act, or a crime involving moral
8    turpitude under the laws of this State or any other state
9    which if committed in this State would be punishable as a
10    felony or a crime of moral turpitude, or any felony or
11    misdemeanor in violation of federal law or the law of any
12    state that is the equivalent of any of the offenses
13    specified therein. The Board may appoint investigators who
14    shall enforce the duties conferred upon the Board by this
15    Act.
16        For purposes of this paragraph e, a person is
17    considered to have been convicted of, found guilty of, or
18    entered a plea of guilty to, plea of nolo contendere to
19    regardless of whether the adjudication of guilt or
20    sentence is withheld or not entered thereon. This includes
21    sentences of supervision, conditional discharge, or first
22    offender probation, or any similar disposition provided
23    for by law.
24        f. To establish statewide standards for minimum
25    standards regarding regular mental health screenings for
26    probationary and permanent police officers, ensuring that

 

 

HB2337- 802 -LRB103 05867 HEP 50888 b

1    counseling sessions and screenings remain confidential.
2        g. To review and ensure all law enforcement officers
3    remain in compliance with this Act, and any administrative
4    rules adopted under this Act.
5        h. To suspend any certificate for a definite period,
6    limit or restrict any certificate, or revoke any
7    certificate.
8        i. The Board and the Panel shall have power to secure
9    by its subpoena and bring before it any person or entity in
10    this State and to take testimony either orally or by
11    deposition or both with the same fees and mileage and in
12    the same manner as prescribed by law in judicial
13    proceedings in civil cases in circuit courts of this
14    State. The Board and the Panel shall also have the power to
15    subpoena the production of documents, papers, files,
16    books, documents, and records, whether in physical or
17    electronic form, in support of the charges and for
18    defense, and in connection with a hearing or
19    investigation.
20        j. The Executive Director, the administrative law
21    judge designated by the Executive Director, and each
22    member of the Board and the Panel shall have the power to
23    administer oaths to witnesses at any hearing that the
24    Board is authorized to conduct under this Act and any
25    other oaths required or authorized to be administered by
26    the Board under this Act.

 

 

HB2337- 803 -LRB103 05867 HEP 50888 b

1        k. In case of the neglect or refusal of any person to
2    obey a subpoena issued by the Board and the Panel, any
3    circuit court, upon application of the Board and the
4    Panel, through the Illinois Attorney General, may order
5    such person to appear before the Board and the Panel give
6    testimony or produce evidence, and any failure to obey
7    such order is punishable by the court as a contempt
8    thereof. This order may be served by personal delivery, by
9    email, or by mail to the address of record or email address
10    of record.
11        l. The Board shall have the power to administer state
12    certification examinations. Any and all records related to
13    these examinations, including, but not limited to, test
14    questions, test formats, digital files, answer responses,
15    answer keys, and scoring information shall be exempt from
16    disclosure.
17        m. To make grants, subject to appropriation, to units
18    of local government and public institutions of higher
19    education for the purposes of hiring and retaining law
20    enforcement officers.
21(Source: P.A. 101-187, eff. 1-1-20; 101-652, Article 10,
22Section 10-143, eff. 7-1-21; 101-652, Article 25, Section
2325-40, eff. 1-1-22; 102-687, eff. 12-17-21; 102-694, eff.
241-7-22; 102-1115, eff. 1-9-23.)
 
25    (50 ILCS 705/6.1)

 

 

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1    Sec. 6.1. Decertification Automatic decertification of
2full-time and part-time police law enforcement officers.
3    (a) The Board must review police officer conduct and
4records to ensure that no police officer is certified or
5provided a valid waiver if that police officer has been
6convicted of, or entered a plea of guilty to, a felony offense
7under the laws of this State or any other state which if
8committed in this State would be punishable as a felony. The
9Board must also ensure that no or officer is certified or
10provided a valid waiver if that police officer has been
11convicted of, or entered a plea of guilty to, any misdemeanor
12specified in this Section or if committed in any other state
13would be an offense similar to Section 11-1.50, 11-6, 11-9.1,
1411-14, 11-17, 11-19, 12-2, 12-15, 16-1, 17-1, 17-2, 28-3,
1529-1, 31-1, 31-6, 31-7, 32-4a, or 32-7 of the Criminal Code of
161961 or the Criminal Code of 2012, to subdivision (a)(1) or
17(a)(2)(C) of Section 11-14.3 of the Criminal Code of 1961 or
18the Criminal Code of 2012, or subsection (a) of Section 17-32
19of the Criminal Code of 1961 or the Criminal Code of 2012, or
20to Section 5 or 5.2 of the Cannabis Control Act. The Board must
21appoint investigators to enforce the duties conferred upon the
22Board by this Act.
23    (b) It is the responsibility of the sheriff or the chief
24executive officer of every local law enforcement agency or
25department within this State to report to the Board any
26arrest, conviction, or plea of guilty of any officer for an

 

 

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

 

 

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1    (f) The Board's investigators are peace officers and have
2all the powers possessed by policemen in cities and by
3sheriffs, and these investigators may exercise those powers
4anywhere in the State. An investigator shall not have peace
5officer status or exercise police powers unless he or she
6successfully completes the basic police training course
7mandated and approved by the Board or the Board waives the
8training requirement by reason of the investigator's prior law
9enforcement experience, training, or both. The Board shall not
10waive the training requirement unless the investigator has had
11a minimum of 5 years experience as a sworn officer of a local,
12State, or federal law enforcement agency.
13    (g) The Board must request and receive information and
14assistance from any federal, state, or local governmental
15agency as part of the authorized criminal background
16investigation. The Illinois State Police must process, retain,
17and additionally provide and disseminate information to the
18Board concerning criminal charges, arrests, convictions, and
19their disposition, that have been filed against a basic
20academy applicant, law enforcement applicant, or law
21enforcement officer whose fingerprint identification cards are
22on file or maintained by the Illinois State Police. The
23Federal Bureau of Investigation must provide the Board any
24criminal history record information contained in its files
25pertaining to law enforcement officers or any applicant to a
26Board certified basic law enforcement academy as described in

 

 

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1this Act based on fingerprint identification. The Board must
2make payment of fees to the Illinois State Police for each
3fingerprint card submission in conformance with the
4requirements of paragraph 22 of Section 55a of the Civil
5Administrative Code of Illinois.
6    A police officer who has been certified or granted a valid
7waiver shall also be decertified or have his or her waiver
8revoked upon a determination by the Illinois Labor Relations
9Board State Panel that he or she, while under oath, has
10knowingly and willfully made false statements as to a material
11fact going to an element of the offense of murder. If an appeal
12is filed, the determination shall be stayed.
13        (1) In the case of an acquittal on a charge of murder,
14    a verified complaint may be filed:
15            (A) by the defendant; or
16            (B) by a police officer with personal knowledge of
17        perjured testimony.
18        The complaint must allege that a police officer, while
19    under oath, knowingly and willfully made false statements
20    as to a material fact going to an element of the offense of
21    murder. The verified complaint must be filed with the
22    Executive Director of the Illinois Law Enforcement
23    Training Standards Board within 2 years of the judgment of
24    acquittal.
25        (2) Within 30 days, the Executive Director of the
26    Illinois Law Enforcement Training Standards Board shall

 

 

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1    review the verified complaint and determine whether the
2    verified complaint is frivolous and without merit, or
3    whether further investigation is warranted. The Illinois
4    Law Enforcement Training Standards Board shall notify the
5    officer and the Executive Director of the Illinois Labor
6    Relations Board State Panel of the filing of the complaint
7    and any action taken thereon. If the Executive Director of
8    the Illinois Law Enforcement Training Standards Board
9    determines that the verified complaint is frivolous and
10    without merit, it shall be dismissed. The Executive
11    Director of the Illinois Law Enforcement Training
12    Standards Board has sole discretion to make this
13    determination and this decision is not subject to appeal.
14    If the Executive Director of the Illinois Law Enforcement
15Training Standards Board determines that the verified
16complaint warrants further investigation, he or she shall
17refer the matter to a task force of investigators created for
18this purpose. This task force shall consist of 8 sworn police
19officers: 2 from the Illinois State Police, 2 from the City of
20Chicago Police Department, 2 from county police departments,
21and 2 from municipal police departments. These investigators
22shall have a minimum of 5 years of experience in conducting
23criminal investigations. The investigators shall be appointed
24by the Executive Director of the Illinois Law Enforcement
25Training Standards Board. Any officer or officers acting in
26this capacity pursuant to this statutory provision will have

 

 

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1statewide police authority while acting in this investigative
2capacity. Their salaries and expenses for the time spent
3conducting investigations under this paragraph shall be
4reimbursed by the Illinois Law Enforcement Training Standards
5Board.
6     Once the Executive Director of the Illinois Law
7Enforcement Training Standards Board has determined that an
8investigation is warranted, the verified complaint shall be
9assigned to an investigator or investigators. The investigator
10or investigators shall conduct an investigation of the
11verified complaint and shall write a report of his or her
12findings. This report shall be submitted to the Executive
13Director of the Illinois Labor Relations Board State Panel.
14    Within 30 days, the Executive Director of the Illinois
15Labor Relations Board State Panel shall review the
16investigative report and determine whether sufficient evidence
17exists to conduct an evidentiary hearing on the verified
18complaint. If the Executive Director of the Illinois Labor
19Relations Board State Panel determines upon his or her review
20of the investigatory report that a hearing should not be
21conducted, the complaint shall be dismissed. This decision is
22in the Executive Director's sole discretion, and this
23dismissal may not be appealed.
24    If the Executive Director of the Illinois Labor Relations
25Board State Panel determines that there is sufficient evidence
26to warrant a hearing, a hearing shall be ordered on the

 

 

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1verified complaint, to be conducted by an administrative law
2judge employed by the Illinois Labor Relations Board State
3Panel. The Executive Director of the Illinois Labor Relations
4Board State Panel shall inform the Executive Director of the
5Illinois Law Enforcement Training Standards Board and the
6person who filed the complaint of either the dismissal of the
7complaint or the issuance of the complaint for hearing. The
8Executive Director shall assign the complaint to the
9administrative law judge within 30 days of the decision
10granting a hearing.
11    In the case of a finding of guilt on the offense of murder,
12if a new trial is granted on direct appeal, or a state
13post-conviction evidentiary hearing is ordered, based on a
14claim that a police officer, under oath, knowingly and
15willfully made false statements as to a material fact going to
16an element of the offense of murder, the Illinois Labor
17Relations Board State Panel shall hold a hearing to determine
18whether the officer should be decertified if an interested
19party requests such a hearing within 2 years of the court's
20decision. The complaint shall be assigned to an administrative
21law judge within 30 days so that a hearing can be scheduled.
22    At the hearing, the accused officer shall be afforded the
23opportunity to:
24        (1) Be represented by counsel of his or her own
25    choosing;
26        (2) Be heard in his or her own defense;

 

 

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1        (3) Produce evidence in his or her defense;
2        (4) Request that the Illinois Labor Relations Board
3    State Panel compel the attendance of witnesses and
4    production of related documents including but not limited
5    to court documents and records.
6    Once a case has been set for hearing, the verified
7complaint shall be referred to the Department of Professional
8Regulation. That office shall prosecute the verified complaint
9at the hearing before the administrative law judge. The
10Department of Professional Regulation shall have the
11opportunity to produce evidence to support the verified
12complaint and to request the Illinois Labor Relations Board
13State Panel to compel the attendance of witnesses and the
14production of related documents, including, but not limited
15to, court documents and records. The Illinois Labor Relations
16Board State Panel shall have the power to issue subpoenas
17requiring the attendance of and testimony of witnesses and the
18production of related documents including, but not limited to,
19court documents and records and shall have the power to
20administer oaths.
21    The administrative law judge shall have the responsibility
22of receiving into evidence relevant testimony and documents,
23including court records, to support or disprove the
24allegations made by the person filing the verified complaint
25and, at the close of the case, hear arguments. If the
26administrative law judge finds that there is not clear and

 

 

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1convincing evidence to support the verified complaint that the
2police officer has, while under oath, knowingly and willfully
3made false statements as to a material fact going to an element
4of the offense of murder, the administrative law judge shall
5make a written recommendation of dismissal to the Illinois
6Labor Relations Board State Panel. If the administrative law
7judge finds that there is clear and convincing evidence that
8the police officer has, while under oath, knowingly and
9willfully made false statements as to a material fact that
10goes to an element of the offense of murder, the
11administrative law judge shall make a written recommendation
12so concluding to the Illinois Labor Relations Board State
13Panel. The hearings shall be transcribed. The Executive
14Director of the Illinois Law Enforcement Training Standards
15Board shall be informed of the administrative law judge's
16recommended findings and decision and the Illinois Labor
17Relations Board State Panel's subsequent review of the
18recommendation.
19     An officer named in any complaint filed pursuant to this
20Act shall be indemnified for his or her reasonable attorney's
21fees and costs by his or her employer. These fees shall be paid
22in a regular and timely manner. The State, upon application by
23the public employer, shall reimburse the public employer for
24the accused officer's reasonable attorney's fees and costs. At
25no time and under no circumstances will the accused officer be
26required to pay his or her own reasonable attorney's fees or

 

 

HB2337- 813 -LRB103 05867 HEP 50888 b

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

 

 

HB2337- 814 -LRB103 05867 HEP 50888 b

1under oath, knowingly and willfully made false statements as
2to a material fact going to an element of the offense murder,
3the Illinois Labor Relations Board State Panel shall inform
4the Illinois Law Enforcement Training Standards Board and the
5Illinois Law Enforcement Training Standards Board shall revoke
6the accused officer's certification. If the accused officer
7appeals that determination to the Appellate Court, as provided
8by this Act, he or she may petition the Appellate Court to stay
9the revocation of his or her certification pending the court's
10review of the matter.
11     None of the Illinois Labor Relations Board State Panel's
12findings or determinations shall set any precedent in any of
13its decisions decided pursuant to the Illinois Public Labor
14Relations Act by the Illinois Labor Relations Board State
15Panel or the courts.
16    A party aggrieved by the final order of the Illinois Labor
17Relations Board State Panel may apply for and obtain judicial
18review of an order of the Illinois Labor Relations Board State
19Panel, in accordance with the provisions of the Administrative
20Review Law, except that such judicial review shall be afforded
21directly in the Appellate Court for the district in which the
22accused officer resides. Any direct appeal to the Appellate
23Court shall be filed within 35 days from the date that a copy
24of the decision sought to be reviewed was served upon the party
25affected by the decision.
26     Interested parties. Only interested parties to the

 

 

HB2337- 815 -LRB103 05867 HEP 50888 b

1criminal prosecution in which the police officer allegedly,
2while under oath, knowingly and willfully made false
3statements as to a material fact going to an element of the
4offense of murder may file a verified complaint pursuant to
5this Section. For purposes of this Section, "interested
6parties" shall be limited to the defendant and any police
7officer who has personal knowledge that the police officer who
8is the subject of the complaint has, while under oath,
9knowingly and willfully made false statements as to a material
10fact going to an element of the offense of murder.
11    Semi-annual reports. The Executive Director of the
12Illinois Labor Relations Board shall submit semi-annual
13reports to the Governor, President, and Minority Leader of the
14Senate, and to the Speaker and Minority Leader of the House of
15Representatives beginning on June 30, 2004, indicating:
16        (1) the number of verified complaints received since
17    the date of the last report;
18        (2) the number of investigations initiated since the
19    date of the last report;
20        (3) the number of investigations concluded since the
21    date of the last report;
22        (4) the number of investigations pending as of the
23    reporting date;
24        (5) the number of hearings held since the date of the
25    last report; and
26        (6) the number of officers decertified since the date

 

 

HB2337- 816 -LRB103 05867 HEP 50888 b

1    of the last report.
2    (a) The Board must review law enforcement officer conduct
3and records to ensure that no law enforcement officer is
4certified or provided a valid waiver if that law enforcement
5officer has been convicted of, found guilty of, entered a plea
6of guilty to, or entered a plea of nolo contendere to, a felony
7offense under the laws of this State or any other state which
8if committed in this State would be punishable as a felony. The
9Board must also ensure that no law enforcement officer is
10certified or provided a valid waiver if that law enforcement
11officer has been convicted of, found guilty of, or entered a
12plea of guilty to, on or after January 1, 2022 (the effective
13date of Public Act 101-652) of any misdemeanor specified in
14this Section or if committed in any other state would be an
15offense similar to Section 11-1.50, 11-6, 11-6.5, 11-6.6,
1611-9.1, 11-9.1B, 11-14, 11-14.1, 11-30, 12-2, 12-3.2, 12-3.4,
1712-3.5, 16-1, 17-1, 17-2, 26.5-1, 26.5-2, 26.5-3, 28-3, 29-1,
18any misdemeanor in violation of any Section of Part E of Title
19III of the Criminal Code of 1961 or the Criminal Code of 2012,
20or subsection (a) of Section 17-32 of the Criminal Code of 1961
21or the Criminal Code of 2012, or to Section 5 or 5.2 of the
22Cannabis Control Act, or any felony or misdemeanor in
23violation of federal law or the law of any state that is the
24equivalent of any of the offenses specified therein. The Board
25must appoint investigators to enforce the duties conferred
26upon the Board by this Act.

 

 

HB2337- 817 -LRB103 05867 HEP 50888 b

1    (a-1) For purposes of this Section, a person is "convicted
2of, or entered a plea of guilty to, plea of nolo contendere to,
3found guilty of" regardless of whether the adjudication of
4guilt or sentence is withheld or not entered thereon. This
5includes sentences of supervision, conditional discharge, or
6first offender probation, or any similar disposition provided
7for by law.
8    (b) It is the responsibility of the sheriff or the chief
9executive officer of every law enforcement agency or
10department within this State to report to the Board any
11arrest, conviction, finding of guilt, plea of guilty, or plea
12of nolo contendere to, of any officer for an offense
13identified in this Section, regardless of whether the
14adjudication of guilt or sentence is withheld or not entered
15thereon, this includes sentences of supervision, conditional
16discharge, or first offender probation.
17    (c) It is the duty and responsibility of every full-time
18and part-time law enforcement officer in this State to report
19to the Board within 14 days, and the officer's sheriff or chief
20executive officer, of the officer's arrest, conviction, found
21guilty of, or plea of guilty for an offense identified in this
22Section. Any full-time or part-time law enforcement officer
23who knowingly makes, submits, causes to be submitted, or files
24a false or untruthful report to the Board must have the
25officer's certificate or waiver immediately decertified or
26revoked.

 

 

HB2337- 818 -LRB103 05867 HEP 50888 b

1    (d) Any person, or a local or State agency, or the Board is
2immune from liability for submitting, disclosing, or releasing
3information of arrests, convictions, or pleas of guilty in
4this Section as long as the information is submitted,
5disclosed, or released in good faith and without malice. The
6Board has qualified immunity for the release of the
7information.
8    (e) Any full-time or part-time law enforcement officer
9with a certificate or waiver issued by the Board who is
10convicted of, found guilty of, or entered a plea of guilty to,
11or entered a plea of nolo contendere to any offense described
12in this Section immediately becomes decertified or no longer
13has a valid waiver. The decertification and invalidity of
14waivers occurs as a matter of law. Failure of a convicted
15person to report to the Board the officer's conviction as
16described in this Section or any continued law enforcement
17practice after receiving a conviction is a Class 4 felony.
18    For purposes of this Section, a person is considered to
19have been "convicted of, found guilty of, or entered a plea of
20guilty to, plea of nolo contendere to" regardless of whether
21the adjudication of guilt or sentence is withheld or not
22entered thereon, including sentences of supervision,
23conditional discharge, first offender probation, or any
24similar disposition as provided for by law.
25    (f) The Board's investigators shall be law enforcement
26officers as defined in Section 2 of this Act. The Board shall

 

 

HB2337- 819 -LRB103 05867 HEP 50888 b

1not waive the training requirement unless the investigator has
2had a minimum of 5 years experience as a sworn officer of a
3local, State, or federal law enforcement agency. An
4investigator shall not have been terminated for good cause,
5decertified, had his or her law enforcement license or
6certificate revoked in this or any other jurisdiction, or been
7convicted of any of the conduct listed in subsection (a). Any
8complaint filed against the Board's investigators shall be
9investigated by the Illinois State Police.
10    (g) The Board must request and receive information and
11assistance from any federal, state, local, or private
12enforcement agency as part of the authorized criminal
13background investigation. The Illinois State Police must
14process, retain, and additionally provide and disseminate
15information to the Board concerning criminal charges, arrests,
16convictions, and their disposition, that have been filed
17against a basic academy applicant, law enforcement applicant,
18or law enforcement officer whose fingerprint identification
19cards are on file or maintained by the Illinois State Police.
20The Federal Bureau of Investigation must provide the Board any
21criminal history record information contained in its files
22pertaining to law enforcement officers or any applicant to a
23Board certified basic law enforcement academy as described in
24this Act based on fingerprint identification. The Board must
25make payment of fees to the Illinois State Police for each
26fingerprint card submission in conformance with the

 

 

HB2337- 820 -LRB103 05867 HEP 50888 b

1requirements of paragraph 22 of Section 55a of the Civil
2Administrative Code of Illinois.
3    (g-5) Notwithstanding any provision of law to the
4contrary, the changes to this Section made by this amendatory
5Act of the 102nd General Assembly and Public Act 101-652 shall
6apply prospectively only from July 1, 2022.
7(Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22;
8102-538, eff. 8-20-21; 102-694, eff. 1-7-22.)
 
9    (50 ILCS 705/7)
10    (Text of Section before amendment by P.A. 102-982)
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 police law
15    enforcement officers which shall be offered by all
16    certified schools shall include, but not be limited to,
17    courses of procedural justice, arrest and use and control
18    tactics, search and seizure, including temporary
19    questioning, civil rights, human rights, human relations,
20    cultural competency, including implicit bias and racial
21    and ethnic sensitivity, criminal law, law of criminal
22    procedure, constitutional and proper use of law
23    enforcement authority, crisis intervention training,
24    vehicle and traffic law including uniform and
25    non-discriminatory enforcement of the Illinois Vehicle

 

 

HB2337- 821 -LRB103 05867 HEP 50888 b

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

 

 

HB2337- 822 -LRB103 05867 HEP 50888 b

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

 

 

HB2337- 823 -LRB103 05867 HEP 50888 b

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

 

 

HB2337- 824 -LRB103 05867 HEP 50888 b

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

 

 

HB2337- 825 -LRB103 05867 HEP 50888 b

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

 

 

HB2337- 826 -LRB103 05867 HEP 50888 b

1    after June 1, 1997 (the effective date of Public Act
2    89-685) shall be certified within 12 months of the date of
3    their hire, unless a waiver has been obtained by the
4    Board, or they shall forfeit their positions.
5        The Sheriff's Merit Commission, if one exists, or the
6    Sheriff's Office if there is no Sheriff's Merit
7    Commission, shall maintain a list of all individuals who
8    have filed applications to become court security officers
9    and who meet the eligibility requirements established
10    under this Act. Either the Sheriff's Merit Commission, or
11    the Sheriff's Office if no Sheriff's Merit Commission
12    exists, shall establish a schedule of reasonable intervals
13    for verification of the applicants' qualifications under
14    this Act and as established by the Board.
15        g. Minimum in-service training requirements, which a
16    police law enforcement officer must satisfactorily
17    complete every 3 years. Those requirements shall include
18    constitutional and proper use of law enforcement
19    authority, procedural justice, civil rights, human rights,
20    reporting child abuse and neglect, and cultural
21    competency, including implicit bias and racial and ethnic
22    sensitivity. These trainings shall consist of at least 30
23    hours of training every 3 years.
24        h. Minimum in-service training requirements, which a
25    police law enforcement officer must satisfactorily
26    complete at least annually. Those requirements shall

 

 

HB2337- 827 -LRB103 05867 HEP 50888 b

1    include law updates, emergency medical response training
2    and certification, crisis intervention training, and
3    officer wellness and mental health.
4        i. Minimum in-service training requirements as set
5    forth in Section 10.6.
6    The amendatory changes to this Section made by Public Act
7101-652 shall take effect January 1, 2022.
8    Notwithstanding any provision of law to the contrary, the
9changes made to this Section by this amendatory Act of the
10102nd General Assembly, Public Act 101-652, and Public Act
11102-28, and Public Act 102-694 take effect July 1, 2022.
12(Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19;
13101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff.
148-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section
1510-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff.
161-1-22; 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; 102-558,
17eff. 8-20-21; 102-694, eff. 1-7-22; revised 8-11-22.)
 
18    (Text of Section after amendment by P.A. 102-982)
19    Sec. 7. Rules and standards for schools. The Board shall
20adopt rules and minimum standards for such schools which shall
21include, but not be limited to, the following:
22        a. The curriculum for probationary police law
23    enforcement officers which shall be offered by all
24    certified schools shall include, but not be limited to,
25    courses of procedural justice, arrest and use and control

 

 

HB2337- 828 -LRB103 05867 HEP 50888 b

1    tactics, search and seizure, including temporary
2    questioning, civil rights, human rights, human relations,
3    cultural competency, including implicit bias and racial
4    and ethnic sensitivity, criminal law, law of criminal
5    procedure, constitutional and proper use of law
6    enforcement authority, crisis intervention training,
7    vehicle and traffic law including uniform and
8    non-discriminatory enforcement of the Illinois Vehicle
9    Code, traffic control and crash investigation, techniques
10    of obtaining physical evidence, court testimonies,
11    statements, reports, firearms training, training in the
12    use of electronic control devices, including the
13    psychological and physiological effects of the use of
14    those devices on humans, first-aid (including
15    cardiopulmonary resuscitation), training in the
16    administration of opioid antagonists as defined in
17    paragraph (1) of subsection (e) of Section 5-23 of the
18    Substance Use Disorder Act, handling of juvenile
19    offenders, recognition of mental conditions and crises,
20    including, but not limited to, the disease of addiction,
21    which require immediate assistance and response and
22    methods to safeguard and provide assistance to a person in
23    need of mental treatment, recognition of abuse, neglect,
24    financial exploitation, and self-neglect of adults with
25    disabilities and older adults, as defined in Section 2 of
26    the Adult Protective Services Act, crimes against the

 

 

HB2337- 829 -LRB103 05867 HEP 50888 b

1    elderly, law of evidence, the hazards of high-speed police
2    vehicle chases with an emphasis on alternatives to the
3    high-speed chase, and physical training. The curriculum
4    shall include specific training in techniques for
5    immediate response to and investigation of cases of
6    domestic violence and of sexual assault of adults and
7    children, including cultural perceptions and common myths
8    of sexual assault and sexual abuse as well as interview
9    techniques that are age sensitive and are trauma informed,
10    victim centered, and victim sensitive. The curriculum
11    shall include training in techniques designed to promote
12    effective communication at the initial contact with crime
13    victims and ways to comprehensively explain to victims and
14    witnesses their rights under the Rights of Crime Victims
15    and Witnesses Act and the Crime Victims Compensation Act.
16    The curriculum shall also include training in effective
17    recognition of and responses to stress, trauma, and
18    post-traumatic stress experienced by police law
19    enforcement officers that is consistent with Section 25 of
20    the Illinois Mental Health First Aid Training Act in a
21    peer setting, including recognizing signs and symptoms of
22    work-related cumulative stress, issues that may lead to
23    suicide, and solutions for intervention with peer support
24    resources. The curriculum shall include a block of
25    instruction addressing the mandatory reporting
26    requirements under the Abused and Neglected Child

 

 

HB2337- 830 -LRB103 05867 HEP 50888 b

1    Reporting Act. The curriculum shall also include a block
2    of instruction aimed at identifying and interacting with
3    persons with autism and other developmental or physical
4    disabilities, reducing barriers to reporting crimes
5    against persons with autism, and addressing the unique
6    challenges presented by cases involving victims or
7    witnesses with autism and other developmental
8    disabilities. The curriculum shall include training in the
9    detection and investigation of all forms of human
10    trafficking. The curriculum shall also include instruction
11    in trauma-informed responses designed to ensure the
12    physical safety and well-being of a child of an arrested
13    parent or immediate family member; this instruction must
14    include, but is not limited to: (1) understanding the
15    trauma experienced by the child while maintaining the
16    integrity of the arrest and safety of officers, suspects,
17    and other involved individuals; (2) de-escalation tactics
18    that would include the use of force when reasonably
19    necessary; and (3) inquiring whether a child will require
20    supervision and care. The curriculum for probationary
21    police law enforcement officers shall include: (1) at
22    least 12 hours of hands-on, scenario-based role-playing;
23    (2) at least 6 hours of instruction on use of force
24    techniques, including the use of de-escalation techniques
25    to prevent or reduce the need for force whenever safe and
26    feasible; (3) specific training on officer safety

 

 

HB2337- 831 -LRB103 05867 HEP 50888 b

1    techniques, including cover, concealment, and time; and
2    (4) at least 6 hours of training focused on high-risk
3    traffic stops. The curriculum for permanent police law
4    enforcement officers shall include, but not be limited to:
5    (1) refresher and in-service training in any of the
6    courses listed above in this subparagraph, (2) advanced
7    courses in any of the subjects listed above in this
8    subparagraph, (3) training for supervisory personnel, and
9    (4) specialized training in subjects and fields to be
10    selected by the board. The training in the use of
11    electronic control devices shall be conducted for
12    probationary police law enforcement officers, including
13    University police officers. The curriculum shall also
14    include training on the use of a firearms restraining
15    order by providing instruction on the process used to file
16    a firearms restraining order and how to identify
17    situations in which a firearms restraining order is
18    appropriate.
19        b. Minimum courses of study, attendance requirements
20    and equipment requirements.
21        c. Minimum requirements for instructors.
22        d. Minimum basic training requirements, which a
23    probationary police law enforcement officer must
24    satisfactorily complete before being eligible for
25    permanent employment as a local police law enforcement
26    officer for a participating local governmental or State

 

 

HB2337- 832 -LRB103 05867 HEP 50888 b

1    governmental agency. Those requirements shall include
2    training in first aid (including cardiopulmonary
3    resuscitation).
4        e. Minimum basic training requirements, which a
5    probationary county corrections officer must
6    satisfactorily complete before being eligible for
7    permanent employment as a county corrections officer for a
8    participating local governmental agency.
9        f. Minimum basic training requirements which a
10    probationary court security officer must satisfactorily
11    complete before being eligible for permanent employment as
12    a court security officer for a participating local
13    governmental agency. The Board shall establish those
14    training requirements which it considers appropriate for
15    court security officers and shall certify schools to
16    conduct that training.
17        A person hired to serve as a court security officer
18    must obtain from the Board a certificate (i) attesting to
19    the officer's successful completion of the training
20    course; (ii) attesting to the officer's satisfactory
21    completion of a training program of similar content and
22    number of hours that has been found acceptable by the
23    Board under the provisions of this Act; or (iii) attesting
24    to the Board's determination that the training course is
25    unnecessary because of the person's extensive prior law
26    enforcement experience.

 

 

HB2337- 833 -LRB103 05867 HEP 50888 b

1        Individuals who currently serve as court security
2    officers shall be deemed qualified to continue to serve in
3    that capacity so long as they are certified as provided by
4    this Act within 24 months of June 1, 1997 (the effective
5    date of Public Act 89-685). Failure to be so certified,
6    absent a waiver from the Board, shall cause the officer to
7    forfeit his or her position.
8        All individuals hired as court security officers on or
9    after June 1, 1997 (the effective date of Public Act
10    89-685) shall be certified within 12 months of the date of
11    their hire, unless a waiver has been obtained by the
12    Board, or they shall forfeit their positions.
13        The Sheriff's Merit Commission, if one exists, or the
14    Sheriff's Office if there is no Sheriff's Merit
15    Commission, shall maintain a list of all individuals who
16    have filed applications to become court security officers
17    and who meet the eligibility requirements established
18    under this Act. Either the Sheriff's Merit Commission, or
19    the Sheriff's Office if no Sheriff's Merit Commission
20    exists, shall establish a schedule of reasonable intervals
21    for verification of the applicants' qualifications under
22    this Act and as established by the Board.
23        g. Minimum in-service training requirements, which a
24    police law enforcement officer must satisfactorily
25    complete every 3 years. Those requirements shall include
26    constitutional and proper use of law enforcement

 

 

HB2337- 834 -LRB103 05867 HEP 50888 b

1    authority, procedural justice, civil rights, human rights,
2    reporting child abuse and neglect, and cultural
3    competency, including implicit bias and racial and ethnic
4    sensitivity. These trainings shall consist of at least 30
5    hours of training every 3 years.
6        h. Minimum in-service training requirements, which a
7    police law enforcement officer must satisfactorily
8    complete at least annually. Those requirements shall
9    include law updates, emergency medical response training
10    and certification, crisis intervention training, and
11    officer wellness and mental health.
12        i. Minimum in-service training requirements as set
13    forth in Section 10.6.
14    The amendatory changes to this Section made by Public Act
15101-652 shall take effect January 1, 2022.
16    Notwithstanding any provision of law to the contrary, the
17changes made to this Section by this amendatory Act of the
18102nd General Assembly, Public Act 101-652, and Public Act
19102-28, and Public Act 102-694 take effect July 1, 2022.
20(Source: P.A. 101-18, eff. 1-1-20; 101-81, eff. 7-12-19;
21101-215, eff. 1-1-20; 101-224, eff. 8-9-19; 101-375, eff.
228-16-19; 101-564, eff. 1-1-20; 101-652, Article 10, Section
2310-143, eff. 7-1-21; 101-652, Article 25, Section 25-40, eff.
241-1-22; 102-28, eff. 6-25-21; 102-345, eff. 6-1-22; 102-558,
25eff. 8-20-21; 102-694, eff. 1-7-22; 102-982, eff. 7-1-23;
26revised 8-11-22.)
 

 

 

HB2337- 835 -LRB103 05867 HEP 50888 b

1    (50 ILCS 705/7.5)
2    Sec. 7.5. Law enforcement Police pursuit guidelines. The
3Board shall annually review police pursuit procedures and make
4available suggested law enforcement police pursuit guidelines
5for law enforcement agencies. This Section does not alter the
6effect of previously existing law, including the immunities
7established under the Local Governmental and Governmental
8Employees Tort Immunity Act.
9(Source: P.A. 88-637, eff. 9-9-94; 101-652.)
 
10    (50 ILCS 705/8)  (from Ch. 85, par. 508)
11    Sec. 8. Participation required. All home rule local
12governmental units shall comply with Sections 6.3, 8.1, and
138.2 and any other mandatory provisions of this Act. This Act is
14a limitation on home rule powers under subsection (i) of
15Section 6 of Article VII of the Illinois Constitution.
16(Source: P.A. 89-170, eff. 1-1-96; 101-652.)
 
17    (50 ILCS 705/8.1)  (from Ch. 85, par. 508.1)
18    Sec. 8.1. Full-time police law enforcement and county
19corrections officers.
20    (a) After January 1, 1976, no person shall receive a
21permanent appointment as a law enforcement officer as defined
22in this Act nor shall any person receive, after the effective
23date of this amendatory Act of 1984, a permanent appointment

 

 

HB2337- 836 -LRB103 05867 HEP 50888 b

1as a county corrections officer unless that person has been
2awarded, within 6 months of his or her initial full-time
3employment, a certificate attesting to his or her successful
4completion of the Minimum Standards Basic Law Enforcement and
5County Correctional Training Course as prescribed by the
6Board; or has been awarded a certificate attesting to his or
7her satisfactory completion of a training program of similar
8content and number of hours and which course has been found
9acceptable by the Board under the provisions of this Act; or by
10reason of extensive prior law enforcement or county
11corrections experience the basic training requirement is
12determined by the Board to be illogical and unreasonable.
13    If such training is required and not completed within the
14applicable 6 months, then the officer must forfeit his or her
15position, or the employing agency must obtain a waiver from
16the Board extending the period for compliance. Such waiver
17shall be issued only for good and justifiable reasons, and in
18no case shall extend more than 90 days beyond the initial 6
19months. Any hiring agency that fails to train a law
20enforcement officer within this period shall be prohibited
21from employing this individual in a law enforcement capacity
22for one year from the date training was to be completed. If an
23agency again fails to train the individual a second time, the
24agency shall be permanently barred from employing this
25individual in a law enforcement capacity.
26    (b) No provision of this Section shall be construed to

 

 

HB2337- 837 -LRB103 05867 HEP 50888 b

1mean that a law enforcement officer employed by a local
2governmental agency at the time of the effective date of this
3amendatory Act, either as a probationary police officer or as
4a permanent police officer, shall require certification under
5the provisions of this Section. No provision of this Section
6shall be construed to mean that a county corrections officer
7employed by a local governmental agency at the time of the
8effective date of this amendatory Act of 1984, either as a
9probationary county corrections or as a permanent county
10corrections officer, shall require certification under the
11provisions of this Section. No provision of this Section shall
12be construed to apply to certification of elected county
13sheriffs.
14    (c) This Section does not apply to part-time police
15officers or probationary part-time police officers.
16    (a) No person shall receive a permanent appointment as a
17law enforcement officer or a permanent appointment as a county
18corrections officer unless that person has been awarded,
19within 6 months of the officer's initial full-time employment,
20a certificate attesting to the officer's successful completion
21of the Minimum Standards Basic Law Enforcement or County
22Correctional Training Course as prescribed by the Board; or
23has been awarded a certificate attesting to the officer's
24satisfactory completion of a training program of similar
25content and number of hours and which course has been found
26acceptable by the Board under the provisions of this Act; or a

 

 

HB2337- 838 -LRB103 05867 HEP 50888 b

1training waiver by reason of extensive prior law enforcement
2or county corrections experience the basic training
3requirement is determined by the Board to be illogical and
4unreasonable.
5    If such training is required and not completed within the
6applicable 6 months, then the officer must forfeit the
7officer's position, or the employing agency must obtain a
8waiver from the Board extending the period for compliance.
9Such waiver shall be issued only for good and justifiable
10reasons, and in no case shall extend more than 90 days beyond
11the initial 6 months. Any hiring agency that fails to train a
12law enforcement officer within this period shall be prohibited
13from employing this individual in a law enforcement capacity
14for one year from the date training was to be completed. If an
15agency again fails to train the individual a second time, the
16agency shall be permanently barred from employing this
17individual in a law enforcement capacity.
18    An individual who is not certified by the Board or whose
19certified status is inactive shall not function as a law
20enforcement officer, be assigned the duties of a law
21enforcement officer by an employing agency, or be authorized
22to carry firearms under the authority of the employer, except
23as otherwise authorized to carry a firearm under State or
24federal law. Sheriffs who are elected as of the effective date
25of this amendatory Act of the 101st General Assembly, are
26exempt from the requirement of certified status. Failure to be

 

 

HB2337- 839 -LRB103 05867 HEP 50888 b

1certified in accordance with this Act shall cause the officer
2to forfeit the officer's position.
3    An employing agency may not grant a person status as a law
4enforcement officer unless the person has been granted an
5active law enforcement officer certification by the Board.
6    (b) Inactive status. A person who has an inactive law
7enforcement officer certification has no law enforcement
8authority.
9        (1) A law enforcement officer's certification becomes
10    inactive upon termination, resignation, retirement, or
11    separation from the officer's employing law enforcement
12    agency for any reason. The Board shall re-activate a
13    certification upon written application from the law
14    enforcement officer's law enforcement agency that shows
15    the law enforcement officer: (i) has accepted a full-time
16    law enforcement position with that law enforcement agency,
17    (ii) is not the subject of a decertification proceeding,
18    and (iii) meets all other criteria for re-activation
19    required by the Board. The Board may also establish
20    special training requirements to be completed as a
21    condition for re-activation.
22        The Board shall review a notice for reactivation from
23    a law enforcement agency and provide a response within 30
24    days. The Board may extend this review. A law enforcement
25    officer shall be allowed to be employed as a full-time law
26    enforcement officer while the law enforcement officer

 

 

HB2337- 840 -LRB103 05867 HEP 50888 b

1    reactivation waiver is under review.
2        A law enforcement officer who is refused reactivation
3    or an employing agency of a law enforcement officer who is
4    refused reactivation under this Section may request a
5    hearing in accordance with the hearing procedures as
6    outlined in subsection (h) of Section 6.3 of this Act.
7        The Board may refuse to re-activate the certification
8    of a law enforcement officer who was involuntarily
9    terminated for good cause by an employing agency for
10    conduct subject to decertification under this Act or
11    resigned or retired after receiving notice of a law
12    enforcement agency's investigation.
13        (2) A law enforcement agency may place an officer who
14    is currently certified on inactive status by sending a
15    written request to the Board. A law enforcement officer
16    whose certificate has been placed on inactive status shall
17    not function as a law enforcement officer until the
18    officer has completed any requirements for reactivating
19    the certificate as required by the Board. A request for
20    inactive status in this subsection shall be in writing,
21    accompanied by verifying documentation, and shall be
22    submitted to the Board with a copy to the chief
23    administrator of the law enforcement officer's current or
24    new employing agency.
25        (3) Certification that has become inactive under
26    paragraph (2) of this subsection (b), shall be reactivated

 

 

HB2337- 841 -LRB103 05867 HEP 50888 b

1    by written notice from the law enforcement officer's
2    agency upon a showing that the law enforcement officer is:
3    (i) employed in a full-time law enforcement position with
4    the same law enforcement agency (ii) not the subject of a
5    decertification proceeding, and (iii) meets all other
6    criteria for re-activation required by the Board.
7        (4) Notwithstanding paragraph (3) of this subsection
8    (b), a law enforcement officer whose certification has
9    become inactive under paragraph (2) may have the officer's
10    employing agency submit a request for a waiver of training
11    requirements to the Board in writing and accompanied by
12    any verifying documentation.. A grant of a waiver is
13    within the discretion of the Board. Within 7 days of
14    receiving a request for a waiver under this section, the
15    Board shall notify the law enforcement officer and the
16    chief administrator of the law enforcement officer's
17    employing agency, whether the request has been granted,
18    denied, or if the Board will take additional time for
19    information. A law enforcement agency, whose request for a
20    waiver under this subsection is denied, is entitled to
21    request a review of the denial by the Board. The law
22    enforcement agency must request a review within 20 days of
23    the waiver being denied. The burden of proof shall be on
24    the law enforcement agency to show why the law enforcement
25    officer is entitled to a waiver of the legislatively
26    required training and eligibility requirements.

 

 

HB2337- 842 -LRB103 05867 HEP 50888 b

1    (c) No provision of this Section shall be construed to
2mean that a county corrections officer employed by a
3governmental agency at the time of the effective date of this
4amendatory Act, either as a probationary county corrections or
5as a permanent county corrections officer, shall require
6certification under the provisions of this Section. No
7provision of this Section shall be construed to apply to
8certification of elected county sheriffs.
9    (d) Within 14 days, a law enforcement officer shall report
10to the Board: (1) any name change; (2) any change in
11employment; or (3) the filing of any criminal indictment or
12charges against the officer alleging that the officer
13committed any offense as enumerated in Section 6.1 of this
14Act.
15    (e) All law enforcement officers must report the
16completion of the training requirements required in this Act
17in compliance with Section 8.4 of this Act.
18    (e-1) Each employing law enforcement agency shall allow
19and provide an opportunity for a law enforcement officer to
20complete the mandated requirements in this Act. All mandated
21training shall will be provided for at no cost to the
22employees. Employees shall be paid for all time spent
23attending mandated training.
24    (e-2) Each agency, academy, or training provider shall
25maintain proof of a law enforcement officer's completion of
26legislatively required training in a format designated by the

 

 

HB2337- 843 -LRB103 05867 HEP 50888 b

1Board. The report of training shall be submitted to the Board
2within 30 days following completion of the training. A copy of
3the report shall be submitted to the law enforcement officer.
4Upon receipt of a properly completed report of training, the
5Board will make the appropriate entry into the training
6records of the law enforcement officer.
7    (f) This Section does not apply to part-time law
8enforcement officers or probationary part-time law enforcement
9officers.
10    (g) Notwithstanding any provision of law to the contrary,
11the changes made to this Section by this amendatory Act of the
12102nd General Assembly, Public Act 101-652, and Public Act
13102-28 take effect July 1, 2022.
14(Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22;
15102-28, eff. 6-25-21; 102-694, eff. 1-7-22; revised 2-3-22.)
 
16    (50 ILCS 705/8.2)
17    Sec. 8.2. Part-time law enforcement officers.
18    (a) A person hired to serve as a part-time police officer
19must obtain from the Board a certificate (i) attesting to his
20or her successful completion of the part-time police training
21course; (ii) attesting to his or her satisfactory completion
22of a training program of similar content and number of hours
23that has been found acceptable by the Board under the
24provisions of this Act; or (iii) attesting to the Board's
25determination that the part-time police training course is

 

 

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1unnecessary because of the person's extensive prior law
2enforcement experience. A person hired on or after the
3effective date of this amendatory Act of the 92nd General
4Assembly must obtain this certificate within 18 months after
5the initial date of hire as a probationary part-time police
6officer in the State of Illinois. The probationary part-time
7police officer must be enrolled and accepted into a
8Board-approved course within 6 months after active employment
9by any department in the State. A person hired on or after
10January 1, 1996 and before the effective date of this
11amendatory Act of the 92nd General Assembly must obtain this
12certificate within 18 months after the date of hire. A person
13hired before January 1, 1996 must obtain this certificate
14within 24 months after the effective date of this amendatory
15Act of 1995.
16    The employing agency may seek a waiver from the Board
17extending the period for compliance. A waiver shall be issued
18only for good and justifiable reasons, and the probationary
19part-time police officer may not practice as a part-time
20police officer during the waiver period. If training is
21required and not completed within the applicable time period,
22as extended by any waiver that may be granted, then the officer
23must forfeit his or her position.
24    (b) (Blank).
25    (c) The part-time police training course referred to in
26this Section shall be of similar content and the same number of

 

 

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1hours as the courses for full-time officers and shall be
2provided by Mobile Team In-Service Training Units under the
3Intergovernmental Law Enforcement Officer's In-Service
4Training Act or by another approved program or facility in a
5manner prescribed by the Board.
6    (d) For the purposes of this Section, the Board shall
7adopt rules defining what constitutes employment on a
8part-time basis.
9    (a) A person hired to serve as a part-time law enforcement
10officer must obtain from the Board a certificate (i) attesting
11to the officer's successful completion of the part-time police
12training course; (ii) attesting to the officer's satisfactory
13completion of a training program of similar content and number
14of hours that has been found acceptable by the Board under the
15provisions of this Act; or (iii) a training waiver attesting
16to the Board's determination that the part-time police
17training course is unnecessary because of the person's
18extensive prior law enforcement experience. A person hired on
19or after the effective date of this amendatory Act of the 92nd
20General Assembly must obtain this certificate within 18 months
21after the initial date of hire as a probationary part-time law
22enforcement officer in the State of Illinois. The probationary
23part-time law enforcement officer must be enrolled and
24accepted into a Board-approved course within 6 months after
25active employment by any department in the State. A person
26hired on or after January 1, 1996 and before the effective date

 

 

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1of this amendatory Act of the 92nd General Assembly must
2obtain this certificate within 18 months after the date of
3hire. A person hired before January 1, 1996 must obtain this
4certificate within 24 months after the effective date of this
5amendatory Act of 1995.
6    The employing agency may seek an extension waiver from the
7Board extending the period for compliance. An extension waiver
8shall be issued only for good and justifiable reasons, and the
9probationary part-time law enforcement officer may not
10practice as a part-time law enforcement officer during the
11extension waiver period. If training is required and not
12completed within the applicable time period, as extended by
13any waiver that may be granted, then the officer must forfeit
14the officer's position.
15    An individual who is not certified by the Board or whose
16certified status is inactive shall not function as a law
17enforcement officer, be assigned the duties of a law
18enforcement officer by an agency, or be authorized to carry
19firearms under the authority of the employer, except that
20sheriffs who are elected are exempt from the requirement of
21certified status. Failure to be in accordance with this Act
22shall cause the officer to forfeit the officer's position.
23    (a-5) A part-time probationary law enforcement officer
24shall be allowed to complete six months of a part-time police
25training course and function as a law enforcement officer as
26permitted by this subsection with a waiver from the Board,

 

 

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1provided the part-time law enforcement officer is still
2enrolled in the training course. If the part-time probationary
3law enforcement officer withdraws from the course for any
4reason or does not complete the course within the applicable
5time period, as extended by any waiver that may be granted,
6then the officer must forfeit the officer's position. A
7probationary law enforcement officer must function under the
8following rules:
9        (1) A law enforcement agency may not grant a person
10    status as a law enforcement officer unless the person has
11    been granted an active law enforcement officer
12    certification by the Board.
13        (2) A part-time probationary law enforcement officer
14    shall not be used as a permanent replacement for a
15    full-time law enforcement.
16        (3) A part-time probationary law enforcement officer
17    shall be directly supervised at all times by a Board
18    certified law enforcement officer. Direct supervision
19    requires oversight and control with the supervisor having
20    final decision-making authority as to the actions of the
21    recruit during duty hours.
22    (b) Inactive status. A person who has an inactive law
23enforcement officer certification has no law enforcement
24authority.
25        (1) A law enforcement officer's certification becomes
26    inactive upon termination, resignation, retirement, or

 

 

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1    separation from the employing agency for any reason. The
2    Board shall re-activate a certification upon written
3    application from the law enforcement officer's employing
4    agency that shows the law enforcement officer: (i) has
5    accepted a part-time law enforcement position with that a
6    law enforcement agency, (ii) is not the subject of a
7    decertification proceeding, and (iii) meets all other
8    criteria for re-activation required by the Board.
9        The Board may refuse to re-activate the certification
10    of a law enforcement officer who was involuntarily
11    terminated for good cause by the officer's employing
12    agency for conduct subject to decertification under this
13    Act or resigned or retired after receiving notice of a law
14    enforcement agency's investigation.
15        (2) A law enforcement agency may place an officer who
16    is currently certified on inactive status by sending a
17    written request to the Board. A law enforcement officer
18    whose certificate has been placed on inactive status shall
19    not function as a law enforcement officer until the
20    officer has completed any requirements for reactivating
21    the certificate as required by the Board. A request for
22    inactive status in this subsection shall be in writing,
23    accompanied by verifying documentation, and shall be
24    submitted to the Board by the law enforcement officer's
25    employing agency.
26        (3) Certification that has become inactive under

 

 

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1    paragraph (2) of this subsection (b), shall be reactivated
2    by written notice from the law enforcement officer's law
3    enforcement agency upon a showing that the law enforcement
4    officer is: (i) employed in a part-time law enforcement
5    position with the same law enforcement agency, (ii) not
6    the subject of a decertification proceeding, and (iii)
7    meets all other criteria for re-activation required by the
8    Board. The Board may also establish special training
9    requirements to be completed as a condition for
10    re-activation.
11        The Board shall review a notice for reactivation from
12    a law enforcement agency and provide a response within 30
13    days. The Board may extend this review. A law enforcement
14    officer shall be allowed to be employed as a part-time law
15    enforcement officer while the law enforcement officer
16    reactivation waiver is under review.
17        A law enforcement officer who is refused reactivation
18    or an employing agency of a law enforcement officer who is
19    refused reactivation under this Section may request a
20    hearing in accordance with the hearing procedures as
21    outlined in subsection (h) of Section 6.3 of this Act.
22        (4) Notwithstanding paragraph (3) of this Section, a
23    law enforcement officer whose certification has become
24    inactive under paragraph (2) may have the officer's
25    employing agency submit a request for a waiver of training
26    requirements to the Board in writing and accompanied by

 

 

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1    any verifying documentation. A grant of a waiver is within
2    the discretion of the Board. Within 7 days of receiving a
3    request for a waiver under this section, the Board shall
4    notify the law enforcement officer and the chief
5    administrator of the law enforcement officer's employing
6    agency, whether the request has been granted, denied, or
7    if the Board will take additional time for information. A
8    law enforcement agency or law enforcement officer, whose
9    request for a waiver under this subsection is denied, is
10    entitled to request a review of the denial by the Board.
11    The law enforcement agency must request a review within 20
12    days after the waiver being denied. The burden of proof
13    shall be on the law enforcement agency to show why the law
14    enforcement officer is entitled to a waiver of the
15    legislatively required training and eligibility
16    requirements.
17    (c) The part-time police training course referred to in
18this Section shall be of similar content and the same number of
19hours as the courses for full-time officers and shall be
20provided by Mobile Team In-Service Training Units under the
21Intergovernmental Law Enforcement Officer's In-Service
22Training Act or by another approved program or facility in a
23manner prescribed by the Board.
24    (d) Within 14 days, a law enforcement officer shall report
25to the Board: (1) any name change; (2) any change in
26employment; or (3) the filing of any criminal indictment or

 

 

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1charges against the officer alleging that the officer
2committed any offense as enumerated in Section 6.1 of this
3Act.
4    (e) All law enforcement officers must report the
5completion of the training requirements required in this Act
6in compliance with Section 8.4 of this Act.
7    (e-1) Each employing agency shall allow and provide an
8opportunity for a law enforcement officer to complete the
9requirements in this Act. All mandated training shall be
10provided for at no cost to the employees. Employees shall be
11paid for all time spent attending mandated training.
12    (e-2) Each agency, academy, or training provider shall
13maintain proof of a law enforcement officer's completion of
14legislatively required training in a format designated by the
15Board. The report of training shall be submitted to the Board
16within 30 days following completion of the training. A copy of
17the report shall be submitted to the law enforcement officer.
18Upon receipt of a properly completed report of training, the
19Board will make the appropriate entry into the training
20records of the law enforcement officer.
21    (f) For the purposes of this Section, the Board shall
22adopt rules defining what constitutes employment on a
23part-time basis.
24    (g) Notwithstanding any provision of law to the contrary,
25the changes made to this Section by this amendatory Act of the
26102nd General Assembly and Public Act 101-652 take effect July

 

 

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11, 2022.
2(Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
 
3    (50 ILCS 705/9)  (from Ch. 85, par. 509)
4    Sec. 9. A special fund is hereby established in the State
5Treasury to be known as the Traffic and Criminal Conviction
6Surcharge Fund. Moneys in this Fund shall be expended as
7follows:
8        (1) a portion of the total amount deposited in the
9    Fund may be used, as appropriated by the General Assembly,
10    for the ordinary and contingent expenses of the Illinois
11    Law Enforcement Training Standards Board;
12        (2) a portion of the total amount deposited in the
13    Fund shall be appropriated for the reimbursement of local
14    governmental agencies participating in training programs
15    certified by the Board, in an amount equaling 1/2 of the
16    total sum paid by such agencies during the State's
17    previous fiscal year for mandated training for
18    probationary law enforcement police officers or
19    probationary county corrections officers and for optional
20    advanced and specialized law enforcement or county
21    corrections training; these reimbursements may include the
22    costs for tuition at training schools, the salaries of
23    trainees while in schools, and the necessary travel and
24    room and board expenses for each trainee; if the
25    appropriations under this paragraph (2) are not sufficient

 

 

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1    to fully reimburse the participating local governmental
2    agencies, the available funds shall be apportioned among
3    such agencies, with priority first given to repayment of
4    the costs of mandatory training given to law enforcement
5    officer or county corrections officer recruits, then to
6    repayment of costs of advanced or specialized training for
7    permanent law enforcement police officers or permanent
8    county corrections officers;
9        (3) a portion of the total amount deposited in the
10    Fund may be used to fund the Intergovernmental Law
11    Enforcement Officer's In-Service Training Act, veto
12    overridden October 29, 1981, as now or hereafter amended,
13    at a rate and method to be determined by the board;
14        (4) a portion of the Fund also may be used by the
15    Illinois State Police for expenses incurred in the
16    training of employees from any State, county, or municipal
17    agency whose function includes enforcement of criminal or
18    traffic law;
19        (5) a portion of the Fund may be used by the Board to
20    fund grant-in-aid programs and services for the training
21    of employees from any county or municipal agency whose
22    functions include corrections or the enforcement of
23    criminal or traffic law;
24        (6) for fiscal years 2013 through 2017 only, a portion
25    of the Fund also may be used by the Department of State
26    Police to finance any of its lawful purposes or functions;

 

 

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1        (7) a portion of the Fund may be used by the Board,
2    subject to appropriation, to administer grants to local
3    law enforcement agencies for the purpose of purchasing
4    bulletproof vests under the Law Enforcement Officer
5    Bulletproof Vest Act; and
6        (8) a portion of the Fund may be used by the Board to
7    create a law enforcement grant program available for units
8    of local government to fund crime prevention programs,
9    training, and interdiction efforts, including enforcement
10    and prevention efforts, relating to the illegal cannabis
11    market and driving under the influence of cannabis.
12    All payments from the Traffic and Criminal Conviction
13Surcharge Fund shall be made each year from moneys
14appropriated for the purposes specified in this Section. No
15more than 50% of any appropriation under this Act shall be
16spent in any city having a population of more than 500,000. The
17State Comptroller and the State Treasurer shall from time to
18time, at the direction of the Governor, transfer from the
19Traffic and Criminal Conviction Surcharge Fund to the General
20Revenue Fund in the State Treasury such amounts as the
21Governor determines are in excess of the amounts required to
22meet the obligations of the Traffic and Criminal Conviction
23Surcharge Fund.
24(Source: P.A. 101-27, eff. 6-25-19; 101-652, eff. 1-1-22;
25102-538, eff. 8-20-21; revised 10-5-21.)
 

 

 

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1    (50 ILCS 705/10)  (from Ch. 85, par. 510)
2    Sec. 10. The Board may make, amend and rescind such rules
3and regulations as may be necessary to carry out the
4provisions of this Act, including those relating to the annual
5certification of retired law enforcement officers qualified
6under federal law to carry a concealed weapon. A copy of all
7rules and regulations and amendments or rescissions thereof
8shall be filed with the Secretary of State within a reasonable
9time after their adoption. The schools certified by the Board
10and participating in the training program may dismiss from the
11school any trainee prior to the officer's his completion of
12the course, if in the opinion of the person in charge of the
13training school, the trainee is unable or unwilling to
14satisfactorily complete the prescribed course of training.
15    The Board shall adopt emergency rules to administer this
16Act in accordance with Section 5-45 of the Illinois
17Administrative Procedure Act. For the purposes of the Illinois
18Administrative Procedure Act, the General Assembly finds that
19the adoption of rules to implement this Act is deemed an
20emergency and necessary to the public interest, safety, and
21welfare.
22(Source: P.A. 94-103, eff. 7-1-05; 101-652.)
 
23    (50 ILCS 705/10.1)  (from Ch. 85, par. 510.1)
24    Sec. 10.1. Additional training programs. The Board shall
25initiate, administer, and conduct training programs for

 

 

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1permanent law enforcement police officers and permanent county
2corrections officers in addition to the basic recruit training
3program. The Board may initiate, administer, and conduct
4training programs for part-time law enforcement police
5officers in addition to the basic part-time law enforcement
6police training course. The training for permanent and
7part-time law enforcement police officers and permanent county
8corrections officers may be given in any schools selected by
9the Board. Such training may include all or any part of the
10subjects enumerated in Sections 7 and 7.4 of this Act.
11    The corporate authorities of all participating local
12governmental agencies may elect to participate in the advanced
13training for permanent and part-time law enforcement police
14officers and permanent county corrections officers but
15nonparticipation in this program shall not in any way affect
16the mandatory responsibility of governmental units to
17participate in the basic recruit training programs for
18probationary full-time and part-time law enforcement police
19and permanent county corrections officers. The failure of any
20permanent or part-time law enforcement police officer or
21permanent county corrections officer to successfully complete
22any course authorized under this Section shall not affect the
23officer's status as a member of the police department or
24county sheriff's office of any local governmental agency.
25    The Board may initiate, administer, and conduct training
26programs for clerks of circuit courts. Those training

 

 

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1programs, at the Board's discretion, may be the same or
2variations of training programs for law enforcement officers.
3    The Board shall initiate, administer, and conduct a
4training program regarding the set up and operation of
5portable scales for all municipal and county police officers,
6technicians, and employees who set up and operate portable
7scales. This training program must include classroom and field
8training.
9(Source: P.A. 101-652, eff. 1-1-22, 102-694, eff. 1-7-22.)
 
10    (50 ILCS 705/10.2)
11    Sec. 10.2. Criminal background investigations.
12    (a) On and after March 14, 2002 (the effective date of
13Public Act 92-533), an applicant for employment as a peace
14officer, or for annual certification as a retired law
15enforcement officer qualified under federal law to carry a
16concealed weapon, shall authorize an investigation to
17determine if the applicant has been convicted of, or entered a
18plea of guilty to, any criminal offense that disqualifies the
19person as a peace officer.
20    (b) No law enforcement agency may knowingly employ a
21person, or certify a retired law enforcement officer qualified
22under federal law to carry a concealed weapon, unless (i) a
23criminal background investigation of that person has been
24completed and (ii) that investigation reveals no convictions
25of or pleas of guilty to of offenses specified in subsection

 

 

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1(a) of Section 6.1 of this Act.
2(Source: P.A. 101-187, eff. 1-1-20; 101-652, eff. 1-1-22;
3102-558, eff. 8-20-21; 102-694, eff. 1-7-22.)
 
4    (50 ILCS 705/10.3)
5    Sec. 10.3. Training of law enforcement police officers to
6conduct electronic interrogations.
7    (a) From appropriations made to it for that purpose, the
8Board shall initiate, administer, and conduct training
9programs for permanent law enforcement police officers,
10part-time law enforcement police officers, and recruits on the
11methods and technical aspects of conducting electronic
12recordings of interrogations.
13    (b) Subject to appropriation, the Board shall develop
14technical guidelines for the mandated recording of custodial
15interrogations in all homicide investigations by law
16enforcement agencies. These guidelines shall be developed in
17conjunction with law enforcement agencies and technology
18accreditation groups to provide guidance for law enforcement
19agencies in implementing the mandated recording of custodial
20interrogations in all homicide investigations.
21(Source: P.A. 95-688, eff. 10-23-07; 101-652.)
 
22    (50 ILCS 705/10.7)
23    Sec. 10.7. Mandatory training; police chief and deputy
24police chief. Each police chief and deputy police chief shall

 

 

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1obtain at least 20 hours of training each year. The training
2must be approved by the Illinois Law Enforcement Training
3Standards Board and must be related to law enforcement,
4management or executive development, or ethics. This
5requirement may be satisfied by attending any training portion
6of a conference held by an association that represents chiefs
7of police that has been approved by the Illinois Law
8Enforcement Training Standards Board. Any police chief and any
9deputy police chief, upon presentation of a certificate of
10completion from the person or entity conducting the training,
11shall be reimbursed by the municipality in accordance with the
12municipal policy regulating the terms of reimbursement, for
13the officer's his or her reasonable expenses in obtaining the
14training required under this Section. No police chief or
15deputy police chief may attend any recognized training
16offering without the prior approval of the officer's his or
17her municipal mayor, manager, or immediate supervisor.
18    This Section does not apply to the City of Chicago or the
19Sheriff's Police Department in Cook County.
20(Source: P.A. 101-652, eff. 1-1-22; 102-558, eff. 8-20-21.)
 
21    (50 ILCS 705/10.11)
22    Sec. 10.11. Training; death and homicide investigation.
23The Illinois Law Enforcement Training Standards Board shall
24conduct or approve a training program in death and homicide
25investigation for the training of law enforcement officers of

 

 

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1local law enforcement agencies. Only law enforcement officers
2who successfully complete the training program may be assigned
3as lead investigators in death and homicide investigations.
4Satisfactory completion of the training program shall be
5evidenced by a certificate issued to the law enforcement
6officer by the Illinois Law Enforcement Training Standards
7Board.
8    The Illinois Law Enforcement Training Standards Board
9shall develop a process for waiver applications sent by a
10local law enforcement governmental agency administrator for
11those officers whose prior training and experience as homicide
12investigators may qualify them for a waiver. The Board may
13issue a waiver at its discretion, based solely on the prior
14training and experience of an officer as a homicide
15investigator. This Section does not affect or impede the
16powers of the office of the coroner to investigate all deaths
17as provided in Division 3-3 of the Counties Code and the
18Coroner Training Board Act.
19(Source: P.A. 101-652, eff. 1-1-22; 102-558, eff. 8-20-21;
20102-694, eff. 1-7-22.)
 
21    (50 ILCS 705/10.18)
22    Sec. 10.18. Training; administration of opioid
23antagonists. The Board shall conduct or approve an in-service
24training program for police law enforcement officers in the
25administration of opioid antagonists as defined in paragraph

 

 

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1(1) of subsection (e) of Section 5-23 of the Substance Use
2Disorder Act that is in accordance with that Section. As used
3in this Section, the term "police law enforcement officers"
4includes full-time or part-time probationary police law
5enforcement officers, permanent or part-time police law
6enforcement officers, recruits, permanent or probationary
7county corrections officers, permanent or probationary county
8security officers, and court security officers. The term does
9not include auxiliary police officers as defined in Section
103.1-30-20 of the Illinois Municipal Code.
11(Source: P.A. 101-652, eff. 1-1-22; 102-813, eff. 5-13-22.)
 
12    (50 ILCS 705/10.19)
13    Sec. 10.19. Training; administration of epinephrine.
14    (a) This Section, along with Section 40 of the Illinois
15State Police Act, may be referred to as the Annie LeGere Law.
16    (b) For purposes of this Section, "epinephrine
17auto-injector" means a single-use device used for the
18automatic injection of a pre-measured dose of epinephrine into
19the human body prescribed in the name of a local law
20enforcement agency.
21    (c) The Board shall conduct or approve an optional
22advanced training program for police law enforcement officers
23to recognize and respond to anaphylaxis, including the
24administration of an epinephrine auto-injector. The training
25must include, but is not limited to:

 

 

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1        (1) how to recognize symptoms of an allergic reaction;
2        (2) how to respond to an emergency involving an
3    allergic reaction;
4        (3) how to administer an epinephrine auto-injector;
5        (4) how to respond to an individual with a known
6    allergy as well as an individual with a previously unknown
7    allergy;
8        (5) a test demonstrating competency of the knowledge
9    required to recognize anaphylaxis and administer an
10    epinephrine auto-injector; and
11        (6) other criteria as determined in rules adopted by
12    the Board.
13    (d) A local law enforcement agency may authorize a police
14law enforcement officer who has completed an optional advanced
15training program under subsection (c) to carry, administer, or
16assist with the administration of epinephrine auto-injectors
17provided by the local law enforcement agency whenever he or
18she the officer is performing official duties.
19    (e) A local law enforcement agency that authorizes its
20officers to carry and administer epinephrine auto-injectors
21under subsection (d) must establish a policy to control the
22acquisition, storage, transportation, administration, and
23disposal of epinephrine auto-injectors and to provide
24continued training in the administration of epinephrine
25auto-injectors.
26    (f) A physician, physician physician's assistant with

 

 

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1prescriptive authority, or advanced practice registered nurse
2with prescriptive authority may provide a standing protocol or
3prescription for epinephrine auto-injectors in the name of a
4local law enforcement agency to be maintained for use when
5necessary.
6    (g) When a police law enforcement officer administers an
7epinephrine auto-injector in good faith, the police law
8enforcement officer and local law enforcement agency, and its
9employees and agents, including a physician, physician
10physician's assistant with prescriptive authority, or advanced
11practice registered nurse with prescriptive authority who
12provides a standing order or prescription for an epinephrine
13auto-injector, incur no civil or professional liability,
14except for willful and wanton conduct, or as a result of any
15injury or death arising from the use of an epinephrine
16auto-injector.
17(Source: P.A. 101-652, eff. 1-1-22; 102-538, eff. 8-20-21;
18102-694, eff. 1-7-22; revised 2-3-22.)
 
19    (50 ILCS 705/10.20)
20    Sec. 10.20. Disposal of medications. The Board shall
21develop rules and minimum standards for local law enforcement
22agencies that authorize police law enforcement officers to
23dispose of unused medications under Section 18 of the Safe
24Pharmaceutical Disposal Act.
25(Source: P.A. 101-652, eff. 1-1-22; 102-694, eff. 1-7-22.)
 

 

 

HB2337- 864 -LRB103 05867 HEP 50888 b

1    (50 ILCS 705/3.1 rep.)
2    (50 ILCS 705/6.3 rep.)
3    (50 ILCS 705/6.6 rep.)
4    (50 ILCS 705/6.7 rep.)
5    (50 ILCS 705/8.3 rep.)
6    (50 ILCS 705/8.4 rep.)
7    (50 ILCS 705/9.2 rep.)
8    (50 ILCS 705/13 rep.)
9    Section 1-380. The Illinois Police Training Act is amended
10by repealing Sections 3.1, 6.3, 6.6, 6.7, 8.3, 8.4, 9.2, and
1113.
 
12    Section 1-385. The Illinois Police Training Act is amended
13by reenacting Section 10.5 as follows:
 
14    (50 ILCS 705/10.5)
15    Sec. 10.5. Conservators of the Peace training course. The
16Board shall initiate, administer, and conduct a training
17course for conservators of the peace. The training course may
18include all or any part of the subjects enumerated in Section
197. The Board shall issue a certificate to those persons
20successfully completing the course.
21    For the purposes of this Section, "conservators of the
22peace" means those persons designated under Section 3.1-15-25
23of the Illinois Municipal Code and Section 4-7 of the Park

 

 

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1District Code.
2(Source: P.A. 90-540, eff. 12-1-97.)
 
3    Section 1-390. The Counties Code is amended by changing
4Section 3-6001.5 as follows:
 
5    (55 ILCS 5/3-6001.5)
6    Sec. 3-6001.5. Sheriff qualifications. A person is not
7eligible to be elected or appointed to the office of sheriff,
8unless that person meets all of the following requirements:
9        (1) Is a United States citizen.
10        (2) Has been a resident of the county for at least one
11    year.
12        (3) Is not a convicted felon.
13        (4) Has a certificate attesting to his or her
14    successful completion of the Minimum Standards Basic Law
15    Enforcement Officers Training Course as prescribed by the
16    Illinois Law Enforcement Training Standards Board or a
17    substantially similar training program of another state or
18    the federal government. This paragraph does not apply to a
19    sheriff currently serving on the effective date of this
20    amendatory Act of the 101st General Assembly.
21(Source: P.A. 98-115, eff. 7-29-13; 101-652.)
 
22
Article 2.

 

 

 

HB2337- 866 -LRB103 05867 HEP 50888 b

1    Section 2-1. Short title. This Act may be cited as the
2Capital Crimes Litigation Act of 2023.
 
3    Section 2-5. Appointment of trial counsel in death penalty
4cases. If an indigent defendant is charged with an offense for
5which a sentence of death is authorized, and the State's
6Attorney has not, at or before arraignment, filed a
7certificate indicating he or she will not seek the death
8penalty or stated on the record in open court that the death
9penalty will not be sought, the trial court shall immediately
10appoint the Public Defender, or any other qualified attorney
11or attorneys as the Illinois Supreme Court shall by rule
12provide, to represent the defendant as trial counsel. If the
13Public Defender is appointed, he or she shall immediately
14assign the attorney or attorneys who are public defenders to
15represent the defendant. The counsel shall meet the
16qualifications as the Supreme Court shall by rule provide. At
17the request of court appointed counsel in a case in which the
18death penalty is sought, attorneys employed by the State
19Appellate Defender may enter an appearance for the limited
20purpose of assisting counsel appointed under this Section.
 
21    Section 2-10. Court appointed trial counsel; compensation
22and expenses.
23    (a) This Section applies only to compensation and expenses
24of trial counsel appointed by the court as set forth in Section

 

 

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15, other than public defenders, for the period after
2arraignment and so long as the State's Attorney has not, at any
3time, filed a certificate indicating he or she will not seek
4the death penalty or stated on the record in open court that
5the death penalty will not be sought.
6    (a-5) Litigation budget.
7        (1) In a case in which the State has filed a statement
8    of intent to seek the death penalty, the court shall
9    require appointed counsel, including those appointed in
10    Cook County, after counsel has had adequate time to review
11    the case and prior to engaging trial assistance, to submit
12    a proposed estimated litigation budget for court approval,
13    that will be subject to modification in light of facts and
14    developments that emerge as the case proceeds. Case
15    budgets should be submitted ex parte and filed and
16    maintained under seal in order to protect the defendant's
17    right to effective assistance of counsel, right not to
18    incriminate him or herself and all applicable privileges.
19    Case budgets shall be reviewed and approved by the judge
20    assigned to try the case. As provided under subsection (c)
21    of this Section, petitions for compensation shall be
22    reviewed by both the trial judge and the presiding judge
23    or the presiding judge's designee.
24        (2) The litigation budget shall serve purposes
25    comparable to those of private retainer agreements by
26    confirming both the court's and the attorney's

 

 

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1    expectations regarding fees and expenses. Consideration
2    should be given to employing an ex parte pretrial
3    conference in order to facilitate reaching agreement on a
4    litigation budget at the earliest opportunity.
5        (3) The budget shall be incorporated into a sealed
6    initial pretrial order that reflects the understandings of
7    the court and counsel regarding all matters affecting
8    counsel compensation and reimbursement and payments for
9    investigative, expert and other services, including, but
10    not limited to, the following matters:
11            (A) the hourly rate at which counsel will be
12        compensated;
13            (B) the hourly rate at which private
14        investigators, other than investigators employed by
15        the Office of the State Appellate Defender, will be
16        compensated; and
17            (C) the best preliminary estimate that can be made
18        of the cost of all services, including, but not
19        limited to, counsel, expert, and investigative
20        services that are likely to be needed through the
21        guilt and penalty phases of the trial. The court shall
22        have discretion to require that budgets be prepared
23        for shorter intervals of time.
24        (4) Appointed counsel may obtain, subject to later
25    review, investigative, expert, or other services without
26    prior authorization if necessary for an adequate defense.

 

 

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1    If the services are obtained, the presiding judge or the
2    presiding judge's designee shall consider in an ex parte
3    proceeding that timely procurement of necessary services
4    could not await prior authorization. If an ex parte
5    hearing is requested by defense counsel or deemed
6    necessary by the trial judge prior to modifying a budget,
7    the ex parte hearing shall be before the presiding judge
8    or the presiding judge's designee. The judge may then
9    authorize the services nunc pro tunc. If the presiding
10    judge or the presiding judge's designee finds that the
11    services were not reasonable, payment may be denied.
12        (5) An approved budget shall guide counsel's use of
13    time and resources by indicating the services for which
14    compensation is authorized. The case budget shall be
15    re-evaluated when justified by changed or unexpected
16    circumstances and shall be modified by the court when
17    reasonable and necessary for an adequate defense. If an ex
18    parte hearing is requested by defense counsel or deemed
19    necessary by the trial judge prior to modifying a budget,
20    the ex parte hearing shall be before the presiding judge
21    or the presiding judge's designee.
22    (b) Appointed trial counsel shall be compensated upon
23presentment and certification by the circuit court of a claim
24for services detailing the date, activity, and time duration
25for which compensation is sought. Compensation for appointed
26trial counsel may be paid at a reasonable rate not to exceed

 

 

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1$125 per hour. The court shall not authorize payment of bills
2that are not properly itemized. A request for payment shall be
3presented under seal and reviewed ex parte with a court
4reporter present. Every January 20, the statutory rate
5prescribed in this subsection shall be automatically increased
6or decreased, as applicable, by a percentage equal to the
7percentage change in the consumer price index-u during the
8preceding 12-month calendar year. "Consumer price index-u"
9means the index published by the Bureau of Labor Statistics of
10the United States Department of Labor that measures the
11average change in prices of goods and services purchased by
12all urban consumers, United States city average, all items,
131982-84=100. The new rate resulting from each annual
14adjustment shall be determined by the State Treasurer and made
15available to the chief judge of each judicial circuit.
16    (c) Appointed trial counsel may also petition the court
17for certification of expenses for reasonable and necessary
18capital litigation expenses including, but not limited to,
19investigatory and other assistance, expert, forensic, and
20other witnesses, and mitigation specialists. Each provider of
21proposed services must specify the best preliminary estimate
22that can be made in light of information received in the case
23at that point, and the provider must sign this estimate under
24the provisions of Section 1-109 of the Code of Civil
25Procedure. A provider of proposed services must also specify:
26(1) his or her hourly rate; (2) the hourly rate of anyone else

 

 

HB2337- 871 -LRB103 05867 HEP 50888 b

1in his or her employ for whom reimbursement is sought; and (3)
2the hourly rate of any person or entity that may be
3subcontracted to perform these services. Counsel may not
4petition for certification of expenses that may have been
5provided or compensated by the State Appellate Defender under
6item (c)(5.1) of Section 10 of the State Appellate Defender
7Act. The petitions shall be filed under seal and considered ex
8parte but with a court reporter present for all ex parte
9conferences. If the requests are submitted after services have
10been rendered, the requests shall be supported by an invoice
11describing the services rendered, the dates the services were
12performed and the amount of time spent. These petitions shall
13be reviewed by both the trial judge and the presiding judge of
14the circuit court or the presiding judge's designee. The
15petitions and orders shall be kept under seal and shall be
16exempt from Freedom of Information requests until the
17conclusion of the trial, even if the prosecution chooses not
18to pursue the death penalty prior to trial or sentencing. If an
19ex parte hearing is requested by defense counsel or deemed
20necessary by the trial judge, the hearing shall be before the
21presiding judge or the presiding judge's designee.
22    (d) Appointed trial counsel shall petition the court for
23certification of compensation and expenses under this Section
24periodically during the course of counsel's representation.
25The petitions shall be supported by itemized bills showing the
26date, the amount of time spent, the work done, and the total

 

 

HB2337- 872 -LRB103 05867 HEP 50888 b

1being charged for each entry. The court shall not authorize
2payment of bills that are not properly itemized. The court
3must certify reasonable and necessary expenses of the
4petitioner for travel and per diem (lodging, meals, and
5incidental expenses). These expenses must be paid at the rate
6as promulgated by the United States General Services
7Administration for these expenses for the date and location in
8which they were incurred, unless extraordinary reasons are
9shown for the difference. The petitions shall be filed under
10seal and considered ex parte but with a court reporter present
11for all ex parte conferences. The petitions shall be reviewed
12by both the trial judge and the presiding judge of the circuit
13court or the presiding judge's designee. If an ex parte
14hearing is requested by defense counsel or deemed necessary by
15the trial judge, the ex parte hearing shall be before the
16presiding judge or the presiding judge's designee. If the
17court determines that the compensation and expenses should be
18paid from the Capital Litigation Trust Fund, the court shall
19certify, on a form created by the State Treasurer, that all or
20a designated portion of the amount requested is reasonable,
21necessary, and appropriate for payment from the Trust Fund.
22The form must also be signed by lead trial counsel under the
23provisions of Section 1-109 of the Code of Civil Procedure
24verifying that the amount requested is reasonable, necessary,
25and appropriate. Bills submitted for payment by any individual
26or entity seeking payment from the Capital Litigation Trust

 

 

HB2337- 873 -LRB103 05867 HEP 50888 b

1Fund must also be accompanied by a form created by the State
2Treasurer and signed by the individual or responsible agent of
3the entity under the provisions of Section 1-109 of the Code of
4Civil Procedure that the amount requested is accurate and
5truthful and reflects time spent or expenses incurred.
6Certification of compensation and expenses by a court in any
7county other than Cook County shall be delivered by the court
8to the State Treasurer and must be paid by the State Treasurer
9directly from the Capital Litigation Trust Fund if there are
10sufficient moneys in the Trust Fund to pay the compensation
11and expenses. If the State Treasurer finds within 14 days of
12his or her receipt of a certification that the compensation
13and expenses to be paid are unreasonable, unnecessary, or
14inappropriate, he or she may return the certification to the
15court setting forth in detail the objection or objections with
16a request for the court to review the objection or objections
17before resubmitting the certification. The State Treasurer
18must send the claimant a copy of the objection or objections.
19The State Treasurer may only seek a review of a specific
20objection once. The claimant has 7 days from his or her receipt
21of the objections to file a response with the court. With or
22without further hearing, the court must promptly rule on the
23objections. The petitions and orders shall be kept under seal
24and shall be exempt from Freedom of Information requests until
25the conclusion of the trial and appeal of the case, even if the
26prosecution chooses not to pursue the death penalty prior to

 

 

HB2337- 874 -LRB103 05867 HEP 50888 b

1trial or sentencing. Certification of compensation and
2expenses by a court in Cook County shall be delivered by the
3court to the county treasurer and paid by the county treasurer
4from moneys granted to the county from the Capital Litigation
5Trust Fund.
 
6    Section 2-15. Capital Litigation Trust Fund.
7    (a) The Capital Litigation Trust Fund is created as a
8special fund in the State treasury. The Trust Fund shall be
9administered by the State Treasurer to provide moneys for the
10appropriations to be made, grants to be awarded, and
11compensation and expenses to be paid under this Act. All
12interest earned from the investment or deposit of moneys
13accumulated in the Trust Fund shall, under Section 4.1 of the
14State Finance Act, be deposited into the Trust Fund.
15    (b) Moneys deposited into the Trust Fund shall not be
16considered general revenue of the State of Illinois.
17    (c) Moneys deposited into the Trust Fund shall be used
18exclusively for the purposes of providing funding for the
19prosecution and defense of capital cases and for providing
20funding for post-conviction proceedings in capital cases under
21Article 122 of the Code of Criminal Procedure of 1963 and in
22relation to petitions filed under Section 2-1401 of the Code
23of Civil Procedure in relation to capital cases as provided in
24this Act and shall not be appropriated, loaned, or in any
25manner transferred to the General Revenue Fund of the State of

 

 

HB2337- 875 -LRB103 05867 HEP 50888 b

1Illinois.
2    (d) Every fiscal year the State Treasurer shall transfer
3from the General Revenue Fund to the Capital Litigation Trust
4Fund an amount equal to the full amount of moneys appropriated
5by the General Assembly (both by original and supplemental
6appropriation), less any unexpended balance from the previous
7fiscal year, from the Capital Litigation Trust Fund for the
8specific purpose of making funding available for the
9prosecution and defense of capital cases and for the
10litigation expenses associated with post-conviction
11proceedings in capital cases under Article 122 of the Code of
12Criminal Procedure of 1963 and in relation to petitions filed
13under Section 2-1401 of the Code of Civil Procedure in
14relation to capital cases. The Public Defender and State's
15Attorney in Cook County, the State Appellate Defender, the
16State's Attorneys Appellate Prosecutor, and the Attorney
17General shall make annual requests for appropriations from the
18Trust Fund.
19        (1) The Public Defender in Cook County shall request
20    appropriations to the State Treasurer for expenses
21    incurred by the Public Defender and for funding for
22    private appointed defense counsel in Cook County.
23        (2) The State's Attorney in Cook County shall request
24    an appropriation to the State Treasurer for expenses
25    incurred by the State's Attorney.
26        (3) The State Appellate Defender shall request a

 

 

HB2337- 876 -LRB103 05867 HEP 50888 b

1    direct appropriation from the Trust Fund for expenses
2    incurred by the State Appellate Defender in providing
3    assistance to trial attorneys under item (c)(5.1) of
4    Section 10 of the State Appellate Defender Act and for
5    expenses incurred by the State Appellate Defender in
6    representing petitioners in capital cases in
7    post-conviction proceedings under Article 122 of the Code
8    of Criminal Procedure of 1963 and in relation to petitions
9    filed under Section 2-1401 of the Code of Civil Procedure
10    in relation to capital cases and for the representation of
11    those petitioners by attorneys approved by or contracted
12    with the State Appellate Defender and an appropriation to
13    the State Treasurer for payments from the Trust Fund for
14    the defense of cases in counties other than Cook County.
15        (4) The State's Attorneys Appellate Prosecutor shall
16    request a direct appropriation from the Trust Fund to pay
17    expenses incurred by the State's Attorneys Appellate
18    Prosecutor and an appropriation to the State Treasurer for
19    payments from the Trust Fund for expenses incurred by
20    State's Attorneys in counties other than Cook County.
21        (5) The Attorney General shall request a direct
22    appropriation from the Trust Fund to pay expenses incurred
23    by the Attorney General in assisting the State's Attorneys
24    in counties other than Cook County and to pay for expenses
25    incurred by the Attorney General when the Attorney General
26    is ordered by the presiding judge of the Criminal Division

 

 

HB2337- 877 -LRB103 05867 HEP 50888 b

1    of the Circuit Court of Cook County to prosecute or
2    supervise the prosecution of Cook County cases and for
3    expenses incurred by the Attorney General in representing
4    the State in post-conviction proceedings in capital cases
5    under Article 122 of the Code of Criminal Procedure of
6    1963 and in relation to petitions filed under Section
7    2-1401 of the Code of Civil Procedure in relation to
8    capital cases. The Public Defender and State's Attorney in
9    Cook County, the State Appellate Defender, the State's
10    Attorneys Appellate Prosecutor, and the Attorney General
11    may each request supplemental appropriations from the
12    Trust Fund during the fiscal year.
13    (e) Moneys in the Trust Fund shall be expended only as
14follows:
15        (1) To pay the State Treasurer's costs to administer
16    the Trust Fund. The amount for this purpose may not exceed
17    5% in any one fiscal year of the amount otherwise
18    appropriated from the Trust Fund in the same fiscal year.
19        (2) To pay the capital litigation expenses of trial
20    defense and post-conviction proceedings in capital cases
21    under Article 122 of the Code of Criminal Procedure of
22    1963 and in relation to petitions filed under Section
23    2-1401 of the Code of Civil Procedure in relation to
24    capital cases including, but not limited to, DNA testing,
25    including DNA testing under Section 116-3 of the Code of
26    Criminal Procedure of 1963, analysis, and expert

 

 

HB2337- 878 -LRB103 05867 HEP 50888 b

1    testimony, investigatory and other assistance, expert,
2    forensic, and other witnesses, and mitigation specialists,
3    and grants and aid provided to public defenders, appellate
4    defenders, and any attorney approved by or contracted with
5    the State Appellate Defender representing petitioners in
6    post-conviction proceedings in capital cases under Article
7    122 of the Code of Criminal Procedure of 1963 and in
8    relation to petitions filed under Section 2-1401 of the
9    Code of Civil Procedure in relation to capital cases or
10    assistance to attorneys who have been appointed by the
11    court to represent defendants who are charged with capital
12    crimes. Reasonable and necessary capital litigation
13    expenses include travel and per diem (lodging, meals, and
14    incidental expenses).
15        (3) To pay the compensation of trial attorneys, other
16    than public defenders or appellate defenders, who have
17    been appointed by the court to represent defendants who
18    are charged with capital crimes or attorneys approved by
19    or contracted with the State Appellate Defender to
20    represent petitioners in post-conviction proceedings in
21    capital cases under Article 122 of the Code of Criminal
22    Procedure of 1963 and in relation to petitions filed under
23    Section 2-1401 of the Code of Civil Procedure in relation
24    to capital cases.
25        (4) To provide State's Attorneys with funding for
26    capital litigation expenses and for expenses of

 

 

HB2337- 879 -LRB103 05867 HEP 50888 b

1    representing the State in post-conviction proceedings in
2    capital cases under Article 122 of the Code of Criminal
3    Procedure of 1963 and in relation to petitions filed under
4    Section 2-1401 of the Code of Civil Procedure in relation
5    to capital cases including, but not limited to,
6    investigatory and other assistance and expert, forensic,
7    and other witnesses necessary to prosecute capital cases.
8    State's Attorneys in any county other than Cook County
9    seeking funding for capital litigation expenses and for
10    expenses of representing the State in post-conviction
11    proceedings in capital cases under Article 122 of the Code
12    of Criminal Procedure of 1963 and in relation to petitions
13    filed under Section 2-1401 of the Code of Civil Procedure
14    in relation to capital cases including, but not limited
15    to, investigatory and other assistance and expert,
16    forensic, or other witnesses under this Section may
17    request that the State's Attorneys Appellate Prosecutor or
18    the Attorney General, as the case may be, certify the
19    expenses as reasonable, necessary, and appropriate for
20    payment from the Trust Fund, on a form created by the State
21    Treasurer. Upon certification of the expenses and delivery
22    of the certification to the State Treasurer, the Treasurer
23    shall pay the expenses directly from the Capital
24    Litigation Trust Fund if there are sufficient moneys in
25    the Trust Fund to pay the expenses.
26        (5) To provide financial support through the Attorney

 

 

HB2337- 880 -LRB103 05867 HEP 50888 b

1    General under the Attorney General Act for the several
2    county State's Attorneys outside of Cook County, but shall
3    not be used to increase personnel for the Attorney
4    General's Office, except when the Attorney General is
5    ordered by the presiding judge of the Criminal Division of
6    the Circuit Court of Cook County to prosecute or supervise
7    the prosecution of Cook County cases.
8        (6) To provide financial support through the State's
9    Attorneys Appellate Prosecutor under the State's Attorneys
10    Appellate Prosecutor's Act for the several county State's
11    Attorneys outside of Cook County, but shall not be used to
12    increase personnel for the State's Attorneys Appellate
13    Prosecutor.
14        (7) To provide financial support to the State
15    Appellate Defender under the State Appellate Defender Act.
16    Moneys expended from the Trust Fund shall be in addition
17    to county funding for Public Defenders and State's
18    Attorneys, and shall not be used to supplant or reduce
19    ordinary and customary county funding.
20    (f) Moneys in the Trust Fund shall be appropriated to the
21State Appellate Defender, the State's Attorneys Appellate
22Prosecutor, the Attorney General, and the State Treasurer. The
23State Appellate Defender shall receive an appropriation from
24the Trust Fund to enable it to provide assistance to appointed
25defense counsel and attorneys approved by or contracted with
26the State Appellate Defender to represent petitioners in

 

 

HB2337- 881 -LRB103 05867 HEP 50888 b

1post-conviction proceedings in capital cases under Article 122
2of the Code of Criminal Procedure of 1963 and in relation to
3petitions filed under Section 2-1401 of the Code of Civil
4Procedure in relation to capital cases throughout the State
5and to Public Defenders in counties other than Cook. The
6State's Attorneys Appellate Prosecutor and the Attorney
7General shall receive appropriations from the Trust Fund to
8enable them to provide assistance to State's Attorneys in
9counties other than Cook County and when the Attorney General
10is ordered by the presiding judge of the Criminal Division of
11the Circuit Court of Cook County to prosecute or supervise the
12prosecution of Cook County cases. Moneys shall be appropriated
13to the State Treasurer to enable the Treasurer: (i) to make
14grants to Cook County; (ii) to pay the expenses of Public
15Defenders, the State Appellate Defender, the Attorney General,
16the Office of the State's Attorneys Appellate Prosecutor, and
17State's Attorneys in counties other than Cook County; (iii) to
18pay the expenses and compensation of appointed defense counsel
19and attorneys approved by or contracted with the State
20Appellate Defender to represent petitioners in post-conviction
21proceedings in capital cases under Article 122 of the Code of
22Criminal Procedure of 1963 and in relation to petitions filed
23under Section 2-1401 of the Code of Civil Procedure in
24relation to capital cases in counties other than Cook County;
25and (iv) to pay the costs of administering the Trust Fund. All
26expenditures and grants made from the Trust Fund shall be

 

 

HB2337- 882 -LRB103 05867 HEP 50888 b

1subject to audit by the Auditor General.
2    (g) For Cook County, grants from the Trust Fund shall be
3made and administered as follows:
4        (1) For each State fiscal year, the State's Attorney
5    and Public Defender must each make a separate application
6    to the State Treasurer for capital litigation grants.
7        (2) The State Treasurer shall establish rules and
8    procedures for grant applications. The rules shall require
9    the Cook County Treasurer as the grant recipient to report
10    on a periodic basis to the State Treasurer how much of the
11    grant has been expended, how much of the grant is
12    remaining, and the purposes for which the grant has been
13    used. The rules may also require the Cook County Treasurer
14    to certify on a periodic basis that expenditures of the
15    funds have been made for expenses that are reasonable,
16    necessary, and appropriate for payment from the Trust
17    Fund.
18        (3) The State Treasurer shall make the grants to the
19    Cook County Treasurer as soon as possible after the
20    beginning of the State fiscal year.
21        (4) The State's Attorney or Public Defender may apply
22    for supplemental grants during the fiscal year.
23        (5) Grant moneys shall be paid to the Cook County
24    Treasurer in block grants and held in separate accounts
25    for the State's Attorney, the Public Defender, and court
26    appointed defense counsel other than the Cook County

 

 

HB2337- 883 -LRB103 05867 HEP 50888 b

1    Public Defender, respectively, for the designated fiscal
2    year, and are not subject to county appropriation.
3        (6) Expenditure of grant moneys under this subsection
4    (g) is subject to audit by the Auditor General.
5        (7) The Cook County Treasurer shall immediately make
6    payment from the appropriate separate account in the
7    county treasury for capital litigation expenses to the
8    State's Attorney, Public Defender, or court appointed
9    defense counsel other than the Public Defender, as the
10    case may be, upon order of the State's Attorney, Public
11    Defender or the court, respectively.
12    (h) If a defendant in a capital case in Cook County is
13represented by court appointed counsel other than the Cook
14County Public Defender, the appointed counsel shall petition
15the court for an order directing the Cook County Treasurer to
16pay the court appointed counsel's reasonable and necessary
17compensation and capital litigation expenses from grant moneys
18provided from the Trust Fund. The petitions shall be supported
19by itemized bills showing the date, the amount of time spent,
20the work done, and the total being charged for each entry. The
21court shall not authorize payment of bills that are not
22properly itemized. The petitions shall be filed under seal and
23considered ex parte but with a court reporter present for all
24ex parte conferences. The petitions shall be reviewed by both
25the trial judge and the presiding judge of the circuit court or
26the presiding judge's designee. The petitions and orders shall

 

 

HB2337- 884 -LRB103 05867 HEP 50888 b

1be kept under seal and shall be exempt from Freedom of
2Information requests until the conclusion of the trial and
3appeal of the case, even if the prosecution chooses not to
4pursue the death penalty prior to trial or sentencing. Orders
5denying petitions for compensation or expenses are final.
6Counsel may not petition for expenses that may have been
7provided or compensated by the State Appellate Defender under
8item (c)(5.1) of Section 10 of the State Appellate Defender
9Act.
10    (i) In counties other than Cook County, and when the
11Attorney General is ordered by the presiding judge of the
12Criminal Division of the Circuit Court of Cook County to
13prosecute or supervise the prosecution of Cook County cases,
14and excluding capital litigation expenses or services that may
15have been provided by the State Appellate Defender under item
16(c)(5.1) of Section 10 of the State Appellate Defender Act:
17        (1) Upon certification by the circuit court, on a form
18    created by the State Treasurer, that all or a portion of
19    the expenses are reasonable, necessary, and appropriate
20    for payment from the Trust Fund and the court's delivery
21    of the certification to the Treasurer, the Treasurer shall
22    pay the certified expenses of Public Defenders and the
23    State Appellate Defender from the money appropriated to
24    the Treasurer for capital litigation expenses of Public
25    Defenders and post-conviction proceeding expenses in
26    capital cases of the State Appellate Defender and expenses

 

 

HB2337- 885 -LRB103 05867 HEP 50888 b

1    in relation to petitions filed under Section 2-1401 of the
2    Code of Civil Procedure in relation to capital cases in
3    any county other than Cook County, if there are sufficient
4    moneys in the Trust Fund to pay the expenses.
5        (2) If a defendant in a capital case is represented by
6    court appointed counsel other than the Public Defender,
7    the appointed counsel shall petition the court to certify
8    compensation and capital litigation expenses including,
9    but not limited to, investigatory and other assistance,
10    expert, forensic, and other witnesses, and mitigation
11    specialists as reasonable, necessary, and appropriate for
12    payment from the Trust Fund. If a petitioner in a capital
13    case who has filed a petition for post-conviction relief
14    under Article 122 of the Code of Criminal Procedure of
15    1963 or a petition under Section 2-1401 of the Code of
16    Civil Procedure in relation to capital cases is
17    represented by an attorney approved by or contracted with
18    the State Appellate Defender other than the State
19    Appellate Defender, that attorney shall petition the court
20    to certify compensation and litigation expenses of
21    post-conviction proceedings under Article 122 of the Code
22    of Criminal Procedure of 1963 or in relation to petitions
23    filed under Section 2-1401 of the Code of Civil Procedure
24    in relation to capital cases. Upon certification on a form
25    created by the State Treasurer of all or a portion of the
26    compensation and expenses certified as reasonable,

 

 

HB2337- 886 -LRB103 05867 HEP 50888 b

1    necessary, and appropriate for payment from the Trust Fund
2    and the court's delivery of the certification to the
3    Treasurer, the State Treasurer shall pay the certified
4    compensation and expenses from the money appropriated to
5    the Treasurer for that purpose, if there are sufficient
6    moneys in the Trust Fund to make those payments.
7        (3) A petition for capital litigation expenses or
8    post-conviction proceeding expenses or expenses incurred
9    in filing a petition under Section 2-1401 of the Code of
10    Civil Procedure in relation to capital cases under this
11    subsection shall be considered under seal and reviewed ex
12    parte with a court reporter present. Orders denying
13    petitions for compensation or expenses are final.
14    (j) If the Trust Fund is discontinued or dissolved by an
15Act of the General Assembly or by operation of law, any balance
16remaining in the Trust Fund shall be returned to the General
17Revenue Fund after deduction of administrative costs, any
18other provision of this Act to the contrary notwithstanding.
 
19    Section 2-90. The Freedom of Information Act is amended by
20changing Section 7.5 as follows:
 
21    (5 ILCS 140/7.5)
22    Sec. 7.5. Statutory exemptions. To the extent provided for
23by the statutes referenced below, the following shall be
24exempt from inspection and copying:

 

 

HB2337- 887 -LRB103 05867 HEP 50888 b

1        (a) All information determined to be confidential
2    under Section 4002 of the Technology Advancement and
3    Development Act.
4        (b) Library circulation and order records identifying
5    library users with specific materials under the Library
6    Records Confidentiality Act.
7        (c) Applications, related documents, and medical
8    records received by the Experimental Organ Transplantation
9    Procedures Board and any and all documents or other
10    records prepared by the Experimental Organ Transplantation
11    Procedures Board or its staff relating to applications it
12    has received.
13        (d) Information and records held by the Department of
14    Public Health and its authorized representatives relating
15    to known or suspected cases of sexually transmissible
16    disease or any information the disclosure of which is
17    restricted under the Illinois Sexually Transmissible
18    Disease Control Act.
19        (e) Information the disclosure of which is exempted
20    under Section 30 of the Radon Industry Licensing Act.
21        (f) Firm performance evaluations under Section 55 of
22    the Architectural, Engineering, and Land Surveying
23    Qualifications Based Selection Act.
24        (g) Information the disclosure of which is restricted
25    and exempted under Section 50 of the Illinois Prepaid
26    Tuition Act.

 

 

HB2337- 888 -LRB103 05867 HEP 50888 b

1        (h) Information the disclosure of which is exempted
2    under the State Officials and Employees Ethics Act, and
3    records of any lawfully created State or local inspector
4    general's office that would be exempt if created or
5    obtained by an Executive Inspector General's office under
6    that Act.
7        (i) Information contained in a local emergency energy
8    plan submitted to a municipality in accordance with a
9    local emergency energy plan ordinance that is adopted
10    under Section 11-21.5-5 of the Illinois Municipal Code.
11        (j) Information and data concerning the distribution
12    of surcharge moneys collected and remitted by carriers
13    under the Emergency Telephone System Act.
14        (k) Law enforcement officer identification information
15    or driver identification information compiled by a law
16    enforcement agency or the Department of Transportation
17    under Section 11-212 of the Illinois Vehicle Code.
18        (l) Records and information provided to a residential
19    health care facility resident sexual assault and death
20    review team or the Executive Council under the Abuse
21    Prevention Review Team Act.
22        (m) Information provided to the predatory lending
23    database created pursuant to Article 3 of the Residential
24    Real Property Disclosure Act, except to the extent
25    authorized under that Article.
26        (n) Defense budgets and petitions for certification of

 

 

HB2337- 889 -LRB103 05867 HEP 50888 b

1    compensation and expenses for court appointed trial
2    counsel as provided under Sections 10 and 15 of the
3    Capital Crimes Litigation Act or the Capital Crimes
4    Litigation Act of 2023. This subsection (n) shall apply
5    until the conclusion of the trial of the case, even if the
6    prosecution chooses not to pursue the death penalty prior
7    to trial or sentencing.
8        (o) Information that is prohibited from being
9    disclosed under Section 4 of the Illinois Health and
10    Hazardous Substances Registry Act.
11        (p) Security portions of system safety program plans,
12    investigation reports, surveys, schedules, lists, data, or
13    information compiled, collected, or prepared by or for the
14    Department of Transportation under Sections 2705-300 and
15    2705-616 of the Department of Transportation Law of the
16    Civil Administrative Code of Illinois, the Regional
17    Transportation Authority under Section 2.11 of the
18    Regional Transportation Authority Act, or the St. Clair
19    County Transit District under the Bi-State Transit Safety
20    Act.
21        (q) Information prohibited from being disclosed by the
22    Personnel Record Review Act.
23        (r) Information prohibited from being disclosed by the
24    Illinois School Student Records Act.
25        (s) Information the disclosure of which is restricted
26    under Section 5-108 of the Public Utilities Act.

 

 

HB2337- 890 -LRB103 05867 HEP 50888 b

1        (t) All identified or deidentified health information
2    in the form of health data or medical records contained
3    in, stored in, submitted to, transferred by, or released
4    from the Illinois Health Information Exchange, and
5    identified or deidentified health information in the form
6    of health data and medical records of the Illinois Health
7    Information Exchange in the possession of the Illinois
8    Health Information Exchange Office due to its
9    administration of the Illinois Health Information
10    Exchange. The terms "identified" and "deidentified" shall
11    be given the same meaning as in the Health Insurance
12    Portability and Accountability Act of 1996, Public Law
13    104-191, or any subsequent amendments thereto, and any
14    regulations promulgated thereunder.
15        (u) Records and information provided to an independent
16    team of experts under the Developmental Disability and
17    Mental Health Safety Act (also known as Brian's Law).
18        (v) Names and information of people who have applied
19    for or received Firearm Owner's Identification Cards under
20    the Firearm Owners Identification Card Act or applied for
21    or received a concealed carry license under the Firearm
22    Concealed Carry Act, unless otherwise authorized by the
23    Firearm Concealed Carry Act; and databases under the
24    Firearm Concealed Carry Act, records of the Concealed
25    Carry Licensing Review Board under the Firearm Concealed
26    Carry Act, and law enforcement agency objections under the

 

 

HB2337- 891 -LRB103 05867 HEP 50888 b

1    Firearm Concealed Carry Act.
2        (v-5) Records of the Firearm Owner's Identification
3    Card Review Board that are exempted from disclosure under
4    Section 10 of the Firearm Owners Identification Card Act.
5        (w) Personally identifiable information which is
6    exempted from disclosure under subsection (g) of Section
7    19.1 of the Toll Highway Act.
8        (x) Information which is exempted from disclosure
9    under Section 5-1014.3 of the Counties Code or Section
10    8-11-21 of the Illinois Municipal Code.
11        (y) Confidential information under the Adult
12    Protective Services Act and its predecessor enabling
13    statute, the Elder Abuse and Neglect Act, including
14    information about the identity and administrative finding
15    against any caregiver of a verified and substantiated
16    decision of abuse, neglect, or financial exploitation of
17    an eligible adult maintained in the Registry established
18    under Section 7.5 of the Adult Protective Services Act.
19        (z) Records and information provided to a fatality
20    review team or the Illinois Fatality Review Team Advisory
21    Council under Section 15 of the Adult Protective Services
22    Act.
23        (aa) Information which is exempted from disclosure
24    under Section 2.37 of the Wildlife Code.
25        (bb) Information which is or was prohibited from
26    disclosure by the Juvenile Court Act of 1987.

 

 

HB2337- 892 -LRB103 05867 HEP 50888 b

1        (cc) Recordings made under the Law Enforcement
2    Officer-Worn Body Camera Act, except to the extent
3    authorized under that Act.
4        (dd) Information that is prohibited from being
5    disclosed under Section 45 of the Condominium and Common
6    Interest Community Ombudsperson Act.
7        (ee) Information that is exempted from disclosure
8    under Section 30.1 of the Pharmacy Practice Act.
9        (ff) Information that is exempted from disclosure
10    under the Revised Uniform Unclaimed Property Act.
11        (gg) Information that is prohibited from being
12    disclosed under Section 7-603.5 of the Illinois Vehicle
13    Code.
14        (hh) Records that are exempt from disclosure under
15    Section 1A-16.7 of the Election Code.
16        (ii) Information which is exempted from disclosure
17    under Section 2505-800 of the Department of Revenue Law of
18    the Civil Administrative Code of Illinois.
19        (jj) Information and reports that are required to be
20    submitted to the Department of Labor by registering day
21    and temporary labor service agencies but are exempt from
22    disclosure under subsection (a-1) of Section 45 of the Day
23    and Temporary Labor Services Act.
24        (kk) Information prohibited from disclosure under the
25    Seizure and Forfeiture Reporting Act.
26        (ll) Information the disclosure of which is restricted

 

 

HB2337- 893 -LRB103 05867 HEP 50888 b

1    and exempted under Section 5-30.8 of the Illinois Public
2    Aid Code.
3        (mm) Records that are exempt from disclosure under
4    Section 4.2 of the Crime Victims Compensation Act.
5        (nn) Information that is exempt from disclosure under
6    Section 70 of the Higher Education Student Assistance Act.
7        (oo) Communications, notes, records, and reports
8    arising out of a peer support counseling session
9    prohibited from disclosure under the First Responders
10    Suicide Prevention Act.
11        (pp) Names and all identifying information relating to
12    an employee of an emergency services provider or law
13    enforcement agency under the First Responders Suicide
14    Prevention Act.
15        (qq) Information and records held by the Department of
16    Public Health and its authorized representatives collected
17    under the Reproductive Health Act.
18        (rr) Information that is exempt from disclosure under
19    the Cannabis Regulation and Tax Act.
20        (ss) Data reported by an employer to the Department of
21    Human Rights pursuant to Section 2-108 of the Illinois
22    Human Rights Act.
23        (tt) Recordings made under the Children's Advocacy
24    Center Act, except to the extent authorized under that
25    Act.
26        (uu) Information that is exempt from disclosure under

 

 

HB2337- 894 -LRB103 05867 HEP 50888 b

1    Section 50 of the Sexual Assault Evidence Submission Act.
2        (vv) Information that is exempt from disclosure under
3    subsections (f) and (j) of Section 5-36 of the Illinois
4    Public Aid Code.
5        (ww) Information that is exempt from disclosure under
6    Section 16.8 of the State Treasurer Act.
7        (xx) Information that is exempt from disclosure or
8    information that shall not be made public under the
9    Illinois Insurance Code.
10        (yy) Information prohibited from being disclosed under
11    the Illinois Educational Labor Relations Act.
12        (zz) Information prohibited from being disclosed under
13    the Illinois Public Labor Relations Act.
14        (aaa) Information prohibited from being disclosed
15    under Section 1-167 of the Illinois Pension Code.
16        (bbb) Information that is prohibited from disclosure
17    by the Illinois Police Training Act and the Illinois State
18    Police Act.
19        (ccc) Records exempt from disclosure under Section
20    2605-304 of the Illinois State Police Law of the Civil
21    Administrative Code of Illinois.
22        (ddd) Information prohibited from being disclosed
23    under Section 35 of the Address Confidentiality for
24    Victims of Domestic Violence, Sexual Assault, Human
25    Trafficking, or Stalking Act.
26        (eee) Information prohibited from being disclosed

 

 

HB2337- 895 -LRB103 05867 HEP 50888 b

1    under subsection (b) of Section 75 of the Domestic
2    Violence Fatality Review Act.
3        (fff) Images from cameras under the Expressway Camera
4    Act. This subsection (fff) is inoperative on and after
5    July 1, 2023.
6        (ggg) Information prohibited from disclosure under
7    paragraph (3) of subsection (a) of Section 14 of the Nurse
8    Agency Licensing Act.
9        (hhh) Information submitted to the Department of State
10    Police in an affidavit or application for an assault
11    weapon endorsement, assault weapon attachment endorsement,
12    .50 caliber rifle endorsement, or .50 caliber cartridge
13    endorsement under the Firearm Owners Identification Card
14    Act.
15(Source: P.A. 101-13, eff. 6-12-19; 101-27, eff. 6-25-19;
16101-81, eff. 7-12-19; 101-221, eff. 1-1-20; 101-236, eff.
171-1-20; 101-375, eff. 8-16-19; 101-377, eff. 8-16-19; 101-452,
18eff. 1-1-20; 101-466, eff. 1-1-20; 101-600, eff. 12-6-19;
19101-620, eff 12-20-19; 101-649, eff. 7-7-20; 101-652, eff.
201-1-22; 101-656, eff. 3-23-21; 102-36, eff. 6-25-21; 102-237,
21eff. 1-1-22; 102-292, eff. 1-1-22; 102-520, eff. 8-20-21;
22102-559, eff. 8-20-21; 102-813, eff. 5-13-22; 102-946, eff.
237-1-22; 102-1042, eff. 6-3-22; 102-1116, eff. 1-10-23.)
 
24    Section 2-95. The State Finance Act is amended by adding
25Section 5.990 as follows:
 

 

 

HB2337- 896 -LRB103 05867 HEP 50888 b

1    (30 ILCS 105/5.990 new)
2    Sec. 5.990. The Capital Litigation Trust Fund.
 
3    (30 ILCS 105/5.790 rep.)
4    Section 2-100. The State Finance Act is amended by
5repealing Section 5.790.
 
6    Section 2-105. The Criminal Code of 2012 is amended by
7changing Section 9-1 as follows:
 
8    (720 ILCS 5/9-1)  (from Ch. 38, par. 9-1)
9    Sec. 9-1. First degree murder; death penalties;
10exceptions; separate hearings; proof; findings; appellate
11procedures; reversals.
12    (a) A person who kills an individual without lawful
13justification commits first degree murder if, in performing
14the acts which cause the death:
15        (1) he or she either intends to kill or do great bodily
16    harm to that individual or another, or knows that such
17    acts will cause death to that individual or another; or
18        (2) he or she knows that such acts create a strong
19    probability of death or great bodily harm to that
20    individual or another; or
21        (3) he or she, acting alone or with one or more
22    participants, commits or attempts to commit a forcible

 

 

HB2337- 897 -LRB103 05867 HEP 50888 b

1    felony other than second degree murder, and in the course
2    of or in furtherance of such crime or flight therefrom, he
3    or she or another participant causes the death of a
4    person.
5    (b) Aggravating Factors. A defendant who at the time of
6the commission of the offense has attained the age of 18 or
7more and who has been found guilty of first degree murder may
8be sentenced to death if:
9        (1) the murdered individual was a peace officer,
10    employee of an institution or facility of the Department
11    of Corrections or any similar local correctional agency,
12    or fireman killed in the course of performing his official
13    duties, to prevent the performance of his or her official
14    duties, or in retaliation for performing his or her
15    official duties, and the defendant knew or should have
16    known that the murdered individual was so employed a peace
17    officer or fireman; or
18        (2) (blank); or the murdered individual was an
19    employee of an institution or facility of the Department
20    of Corrections, or any similar local correctional agency,
21    killed in the course of performing his or her official
22    duties, to prevent the performance of his or her official
23    duties, or in retaliation for performing his or her
24    official duties, or the murdered individual was an inmate
25    at such institution or facility and was killed on the
26    grounds thereof, or the murdered individual was otherwise

 

 

HB2337- 898 -LRB103 05867 HEP 50888 b

1    present in such institution or facility with the knowledge
2    and approval of the chief administrative officer thereof;
3    or
4        (3) the defendant has been convicted of murdering two
5    or more individuals under subsection (a) of this Section
6    or under any law of the United States or of any state which
7    is substantially similar to subsection (a) of this Section
8    regardless of whether the deaths occurred as the result of
9    the same act or of several related or unrelated acts so
10    long as the deaths were the result of either an intent to
11    kill more than one person or of separate acts which the
12    defendant knew would cause death or create a strong
13    probability of death or great bodily harm to the murdered
14    individual or another; or
15        (4) (blank); or the murdered individual was killed as
16    a result of the hijacking of an airplane, train, ship,
17    bus, or other public conveyance; or
18        (5) (blank); or the defendant committed the murder
19    pursuant to a contract, agreement, or understanding by
20    which he or she was to receive money or anything of value
21    in return for committing the murder or procured another to
22    commit the murder for money or anything of value; or
23        (6) (blank); or the murdered individual was killed in
24    the course of another felony if:
25            (a) the murdered individual:
26                (i) was actually killed by the defendant, or

 

 

HB2337- 899 -LRB103 05867 HEP 50888 b

1                (ii) received physical injuries personally
2            inflicted by the defendant substantially
3            contemporaneously with physical injuries caused by
4            one or more persons for whose conduct the
5            defendant is legally accountable under Section 5-2
6            of this Code, and the physical injuries inflicted
7            by either the defendant or the other person or
8            persons for whose conduct he is legally
9            accountable caused the death of the murdered
10            individual; and
11            (b) in performing the acts which caused the death
12        of the murdered individual or which resulted in
13        physical injuries personally inflicted by the
14        defendant on the murdered individual under the
15        circumstances of subdivision (ii) of subparagraph (a)
16        of paragraph (6) of subsection (b) of this Section,
17        the defendant acted with the intent to kill the
18        murdered individual or with the knowledge that his
19        acts created a strong probability of death or great
20        bodily harm to the murdered individual or another; and
21            (c) the other felony was an inherently violent
22        crime or the attempt to commit an inherently violent
23        crime. In this subparagraph (c), "inherently violent
24        crime" includes, but is not limited to, armed robbery,
25        robbery, predatory criminal sexual assault of a child,
26        aggravated criminal sexual assault, aggravated

 

 

HB2337- 900 -LRB103 05867 HEP 50888 b

1        kidnapping, aggravated vehicular hijacking, aggravated
2        arson, aggravated stalking, residential burglary, and
3        home invasion; or
4        (7) the murdered individual was under 12 years of age
5    and the death resulted from exceptionally brutal or
6    heinous behavior indicative of wanton cruelty; or
7        (8) (blank); or the defendant committed the murder
8    with intent to prevent the murdered individual from
9    testifying or participating in any criminal investigation
10    or prosecution or giving material assistance to the State
11    in any investigation or prosecution, either against the
12    defendant or another; or the defendant committed the
13    murder because the murdered individual was a witness in
14    any prosecution or gave material assistance to the State
15    in any investigation or prosecution, either against the
16    defendant or another; for purposes of this paragraph (8),
17    "participating in any criminal investigation or
18    prosecution" is intended to include those appearing in the
19    proceedings in any capacity such as trial judges,
20    prosecutors, defense attorneys, investigators, witnesses,
21    or jurors; or
22        (9) (blank); or the defendant, while committing an
23    offense punishable under Sections 401, 401.1, 401.2, 405,
24    405.2, 407 or 407.1 or subsection (b) of Section 404 of the
25    Illinois Controlled Substances Act, or while engaged in a
26    conspiracy or solicitation to commit such offense,

 

 

HB2337- 901 -LRB103 05867 HEP 50888 b

1    intentionally killed an individual or counseled,
2    commanded, induced, procured or caused the intentional
3    killing of the murdered individual; or
4        (10) (blank); or the defendant was incarcerated in an
5    institution or facility of the Department of Corrections
6    at the time of the murder, and while committing an offense
7    punishable as a felony under Illinois law, or while
8    engaged in a conspiracy or solicitation to commit such
9    offense, intentionally killed an individual or counseled,
10    commanded, induced, procured or caused the intentional
11    killing of the murdered individual; or
12        (11) (blank); or the murder was committed in a cold,
13    calculated and premeditated manner pursuant to a
14    preconceived plan, scheme or design to take a human life
15    by unlawful means, and the conduct of the defendant
16    created a reasonable expectation that the death of a human
17    being would result therefrom; or
18        (12) (blank); or the murdered individual was an
19    emergency medical technician - ambulance, emergency
20    medical technician - intermediate, emergency medical
21    technician - paramedic, ambulance driver, or other medical
22    assistance or first aid personnel, employed by a
23    municipality or other governmental unit, killed in the
24    course of performing his official duties, to prevent the
25    performance of his official duties, or in retaliation for
26    performing his official duties, and the defendant knew or

 

 

HB2337- 902 -LRB103 05867 HEP 50888 b

1    should have known that the murdered individual was an
2    emergency medical technician - ambulance, emergency
3    medical technician - intermediate, emergency medical
4    technician - paramedic, ambulance driver, or other medical
5    assistance or first aid personnel; or
6        (13) (blank); or the defendant was a principal
7    administrator, organizer, or leader of a calculated
8    criminal drug conspiracy consisting of a hierarchical
9    position of authority superior to that of all other
10    members of the conspiracy, and the defendant counseled,
11    commanded, induced, procured, or caused the intentional
12    killing of the murdered person; or
13        (14) (blank); or the murder was intentional and
14    involved the infliction of torture. For the purpose of
15    this Section torture means the infliction of or subjection
16    to extreme physical pain, motivated by an intent to
17    increase or prolong the pain, suffering or agony of the
18    victim; or
19        (15) (blank); or the murder was committed as a result
20    of the intentional discharge of a firearm by the defendant
21    from a motor vehicle and the victim was not present within
22    the motor vehicle; or
23        (16) (blank); or the murdered individual was 60 years
24    of age or older and the death resulted from exceptionally
25    brutal or heinous behavior indicative of wanton cruelty;
26    or

 

 

HB2337- 903 -LRB103 05867 HEP 50888 b

1        (17) (blank); or the murdered individual was a person
2    with a disability and the defendant knew or should have
3    known that the murdered individual was a person with a
4    disability. For purposes of this paragraph (17), "person
5    with a disability" means a person who suffers from a
6    permanent physical or mental impairment resulting from
7    disease, an injury, a functional disorder, or a congenital
8    condition that renders the person incapable of adequately
9    providing for his or her own health or personal care; or
10        (18) (blank); or the murder was committed by reason of
11    any person's activity as a community policing volunteer or
12    to prevent any person from engaging in activity as a
13    community policing volunteer; or
14        (19) (blank); or the murdered individual was subject
15    to an order of protection and the murder was committed by a
16    person against whom the same order of protection was
17    issued under the Illinois Domestic Violence Act of 1986;
18    or
19        (20) murder was committed by the defendant the
20    murdered individual was known by the defendant to be a
21    teacher or other person employed in any school and the
22    teacher or other employee is upon the grounds of a school
23    or grounds adjacent to a school, or is in any part of a
24    building used for school purposes; or
25        (21) the murder was committed by the defendant in
26    connection with or as a result of the offense of terrorism

 

 

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1    as defined in Section 29D-14.9 of this Code; or
2        (22) the murdered individual was a member of a
3    congregation engaged in prayer or other religious
4    activities at a church, synagogue, mosque, or other
5    building, structure, or place used for religious worship.
6    (b-5) Aggravating Factor; Natural Life Imprisonment. A
7defendant who has been found guilty of first degree murder and
8who at the time of the commission of the offense had attained
9the age of 18 years or more may be sentenced to natural life
10imprisonment if (i) the murdered individual was a physician,
11physician assistant, psychologist, nurse, or advanced practice
12registered nurse, (ii) the defendant knew or should have known
13that the murdered individual was a physician, physician
14assistant, psychologist, nurse, or advanced practice
15registered nurse, and (iii) the murdered individual was killed
16in the course of acting in his or her capacity as a physician,
17physician assistant, psychologist, nurse, or advanced practice
18registered nurse, or to prevent him or her from acting in that
19capacity, or in retaliation for his or her acting in that
20capacity.
21    (c) Consideration of factors in Aggravation and
22Mitigation.
23    The court shall consider, or shall instruct the jury to
24consider any aggravating and any mitigating factors which are
25relevant to the imposition of the death penalty. Aggravating
26factors may include but need not be limited to those factors

 

 

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1set forth in subsection (b). Mitigating factors may include
2but need not be limited to the following:
3        (1) the defendant has no significant history of prior
4    criminal activity;
5        (2) the murder was committed while the defendant was
6    under the influence of extreme mental or emotional
7    disturbance, although not such as to constitute a defense
8    to prosecution;
9        (3) the murdered individual was a participant in the
10    defendant's homicidal conduct or consented to the
11    homicidal act;
12        (4) the defendant acted under the compulsion of threat
13    or menace of the imminent infliction of death or great
14    bodily harm;
15        (5) the defendant was not personally present during
16    commission of the act or acts causing death;
17        (6) the defendant's background includes a history of
18    extreme emotional or physical abuse;
19        (7) the defendant suffers from a reduced mental
20    capacity.
21    Provided, however, that an action that does not otherwise
22mitigate first degree murder cannot qualify as a mitigating
23factor for first degree murder because of the discovery,
24knowledge, or disclosure of the victim's sexual orientation as
25defined in Section 1-103 of the Illinois Human Rights Act.
26    (d) Separate sentencing hearing.

 

 

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1    Where requested by the State, the court shall conduct a
2separate sentencing proceeding to determine the existence of
3factors set forth in subsection (b) and to consider any
4aggravating or mitigating factors as indicated in subsection
5(c). The proceeding shall be conducted:
6        (1) before the jury that determined the defendant's
7    guilt; or
8        (2) before a jury impanelled for the purpose of the
9    proceeding if:
10            A. the defendant was convicted upon a plea of
11        guilty; or
12            B. the defendant was convicted after a trial
13        before the court sitting without a jury; or
14            C. the court for good cause shown discharges the
15        jury that determined the defendant's guilt; or
16        (3) before the court alone if the defendant waives a
17    jury for the separate proceeding.
18    (e) Evidence and Argument.
19    During the proceeding any information relevant to any of
20the factors set forth in subsection (b) may be presented by
21either the State or the defendant under the rules governing
22the admission of evidence at criminal trials. Any information
23relevant to any additional aggravating factors or any
24mitigating factors indicated in subsection (c) may be
25presented by the State or defendant regardless of its
26admissibility under the rules governing the admission of

 

 

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1evidence at criminal trials. The State and the defendant shall
2be given fair opportunity to rebut any information received at
3the hearing.
4    (f) Proof.
5    The burden of proof of establishing the existence of any
6of the factors set forth in subsection (b) is on the State and
7shall not be satisfied unless established beyond a reasonable
8doubt.
9    (g) Procedure - Jury.
10    If at the separate sentencing proceeding the jury finds
11that none of the factors set forth in subsection (b) exists,
12the court shall sentence the defendant to a term of
13imprisonment under Chapter V of the Unified Code of
14Corrections. If there is a unanimous finding by the jury that
15one or more of the factors set forth in subsection (b) exist,
16the jury shall consider aggravating and mitigating factors as
17instructed by the court and shall determine whether the
18sentence of death shall be imposed. If the jury determines
19unanimously, after weighing the factors in aggravation and
20mitigation, that death is the appropriate sentence, the court
21shall sentence the defendant to death. If the court does not
22concur with the jury determination that death is the
23appropriate sentence, the court shall set forth reasons in
24writing including what facts or circumstances the court relied
25upon, along with any relevant documents, that compelled the
26court to non-concur with the sentence. This document and any

 

 

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1attachments shall be part of the record for appellate review.
2The court shall be bound by the jury's sentencing
3determination.
4    If after weighing the factors in aggravation and
5mitigation, one or more jurors determines that death is not
6the appropriate sentence, the court shall sentence the
7defendant to a term of imprisonment under Chapter V of the
8Unified Code of Corrections.
9    (h) Procedure - No Jury.
10    In a proceeding before the court alone, if the court finds
11that none of the factors found in subsection (b) exists, the
12court shall sentence the defendant to a term of imprisonment
13under Chapter V of the Unified Code of Corrections.
14    If the Court determines that one or more of the factors set
15forth in subsection (b) exists, the Court shall consider any
16aggravating and mitigating factors as indicated in subsection
17(c). If the Court determines, after weighing the factors in
18aggravation and mitigation, that death is the appropriate
19sentence, the Court shall sentence the defendant to death.
20    If the court finds that death is not the appropriate
21sentence, the court shall sentence the defendant to a term of
22imprisonment under Chapter V of the Unified Code of
23Corrections.
24    (h-5) Decertification as a capital case.
25    In a case in which the defendant has been found guilty of
26first degree murder by a judge or jury, or a case on remand for

 

 

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1resentencing, and the State seeks the death penalty as an
2appropriate sentence, on the court's own motion or the written
3motion of the defendant, the court may decertify the case as a
4death penalty case if the court finds that the only evidence
5supporting the defendant's conviction is the uncorroborated
6testimony of an informant witness, as defined in Section
7115-21 of the Code of Criminal Procedure of 1963, concerning
8the confession or admission of the defendant or that the sole
9evidence against the defendant is a single eyewitness or
10single accomplice without any other corroborating evidence. If
11the court decertifies the case as a capital case under either
12of the grounds set forth above, the court shall issue a written
13finding. The State may pursue its right to appeal the
14decertification pursuant to Supreme Court Rule 604(a)(1). If
15the court does not decertify the case as a capital case, the
16matter shall proceed to the eligibility phase of the
17sentencing hearing.
18    (i) Appellate Procedure.
19    The conviction and sentence of death shall be subject to
20automatic review by the Supreme Court. Such review shall be in
21accordance with rules promulgated by the Supreme Court. The
22Illinois Supreme Court may overturn the death sentence, and
23order the imposition of imprisonment under Chapter V of the
24Unified Code of Corrections if the court finds that the death
25sentence is fundamentally unjust as applied to the particular
26case. If the Illinois Supreme Court finds that the death

 

 

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1sentence is fundamentally unjust as applied to the particular
2case, independent of any procedural grounds for relief, the
3Illinois Supreme Court shall issue a written opinion
4explaining this finding.
5    (j) Disposition of reversed death sentence.
6    In the event that the death penalty in this Act is held to
7be unconstitutional by the Supreme Court of the United States
8or of the State of Illinois, any person convicted of first
9degree murder shall be sentenced by the court to a term of
10imprisonment under Chapter V of the Unified Code of
11Corrections.
12    In the event that any death sentence pursuant to the
13sentencing provisions of this Section is declared
14unconstitutional by the Supreme Court of the United States or
15of the State of Illinois, the court having jurisdiction over a
16person previously sentenced to death shall cause the defendant
17to be brought before the court, and the court shall sentence
18the defendant to a term of imprisonment under Chapter V of the
19Unified Code of Corrections.
20    (k) Guidelines for seeking the death penalty.
21    The Attorney General and State's Attorneys Association
22shall consult on voluntary guidelines for procedures governing
23whether or not to seek the death penalty. The guidelines do not
24have the force of law and are only advisory in nature.
25(Source: P.A. 100-460, eff. 1-1-18; 100-513, eff. 1-1-18;
26100-863, eff. 8-14-18; 101-223, eff. 1-1-20; 101-652, eff.

 

 

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17-1-21.)
 
2    Section 2-110. The Code of Criminal Procedure of 1963 is
3amended by changing Sections 113-3 and 119-1 as follows:
 
4    (725 ILCS 5/113-3)  (from Ch. 38, par. 113-3)
5    Sec. 113-3. (a) Every person charged with an offense shall
6be allowed counsel before pleading to the charge. If the
7defendant desires counsel and has been unable to obtain same
8before arraignment the court shall recess court or continue
9the cause for a reasonable time to permit defendant to obtain
10counsel and consult with him before pleading to the charge. If
11the accused is a dissolved corporation, and is not represented
12by counsel, the court may, in the interest of justice, appoint
13as counsel a licensed attorney of this State.
14    (b) In all cases, except where the penalty is a fine only,
15if the court determines that the defendant is indigent and
16desires counsel, the Public Defender shall be appointed as
17counsel. If there is no Public Defender in the county or if the
18defendant requests counsel other than the Public Defender and
19the court finds that the rights of the defendant will be
20prejudiced by the appointment of the Public Defender, the
21court shall appoint as counsel a licensed attorney at law of
22this State, except that in a county having a population of
232,000,000 or more the Public Defender shall be appointed as
24counsel in all misdemeanor cases where the defendant is

 

 

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1indigent and desires counsel unless the case involves multiple
2defendants, in which case the court may appoint counsel other
3than the Public Defender for the additional defendants. The
4court shall require an affidavit signed by any defendant who
5requests court-appointed counsel. Such affidavit shall be in
6the form established by the Supreme Court containing
7sufficient information to ascertain the assets and liabilities
8of that defendant. The Court may direct the Clerk of the
9Circuit Court to assist the defendant in the completion of the
10affidavit. Any person who knowingly files such affidavit
11containing false information concerning his assets and
12liabilities shall be liable to the county where the case, in
13which such false affidavit is filed, is pending for the
14reasonable value of the services rendered by the public
15defender or other court-appointed counsel in the case to the
16extent that such services were unjustly or falsely procured.
17    (c) Upon the filing with the court of a verified statement
18of services rendered the court shall order the county
19treasurer of the county of trial to pay counsel other than the
20Public Defender a reasonable fee. The court shall consider all
21relevant circumstances, including but not limited to the time
22spent while court is in session, other time spent in
23representing the defendant, and expenses reasonably incurred
24by counsel. In counties with a population greater than
252,000,000, the court shall order the county treasurer of the
26county of trial to pay counsel other than the Public Defender a

 

 

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1reasonable fee stated in the order and based upon a rate of
2compensation of not more than $40 for each hour spent while
3court is in session and not more than $30 for each hour
4otherwise spent representing a defendant, and such
5compensation shall not exceed $150 for each defendant
6represented in misdemeanor cases and $1250 in felony cases, in
7addition to expenses reasonably incurred as hereinafter in
8this Section provided, except that, in extraordinary
9circumstances, payment in excess of the limits herein stated
10may be made if the trial court certifies that such payment is
11necessary to provide fair compensation for protracted
12representation. A trial court may entertain the filing of this
13verified statement before the termination of the cause, and
14may order the provisional payment of sums during the pendency
15of the cause.
16    (d) In capital cases, in addition to counsel, if the court
17determines that the defendant is indigent the court may, upon
18the filing with the court of a verified statement of services
19rendered, order the county Treasurer of the county of trial to
20pay necessary expert witnesses for defendant reasonable
21compensation stated in the order not to exceed $250 for each
22defendant.
23    (e) If the court in any county having a population greater
24than 2,000,000 determines that the defendant is indigent the
25court may, upon the filing with the court of a verified
26statement of such expenses, order the county treasurer of the

 

 

HB2337- 914 -LRB103 05867 HEP 50888 b

1county of trial, in such counties having a population greater
2than 2,000,000 to pay the general expenses of the trial
3incurred by the defendant not to exceed $50 for each
4defendant.
5    (f) The provisions of this Section relating to appointment
6of counsel, compensation of counsel, and payment of expenses
7in capital cases apply except when the compensation and
8expenses are being provided under the Capital Crimes
9Litigation Act of 2023.
10(Source: P.A. 91-589, eff. 1-1-00.)
 
11    (725 ILCS 5/119-1)
12    Sec. 119-1. Death penalty restored abolished.
13    (a) (Blank). Beginning on the effective date of this
14amendatory Act of the 96th General Assembly, notwithstanding
15any other law to the contrary, the death penalty is abolished
16and a sentence to death may not be imposed.
17    (b) All unobligated and unexpended moneys remaining in the
18Capital Litigation Trust Fund on the effective date of this
19amendatory Act of the 96th General Assembly shall be
20transferred into the Death Penalty Abolition Fund on the
21effective date of this amendatory Act of the 103rd General
22Assembly shall be transferred into the Capital Litigation
23Trust Fund , a special fund in the State treasury, to be
24expended by the Illinois Criminal Justice Information
25Authority, for services for families of victims of homicide or

 

 

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1murder and for training of law enforcement personnel.
2(Source: P.A. 96-1543, eff. 7-1-11.)
 
3    Section 2-115. The State Appellate Defender Act is amended
4by changing Section 10 as follows:
 
5    (725 ILCS 105/10)  (from Ch. 38, par. 208-10)
6    Sec. 10. Powers and duties of State Appellate Defender.
7    (a) The State Appellate Defender shall represent indigent
8persons on appeal in criminal and delinquent minor
9proceedings, when appointed to do so by a court under a Supreme
10Court Rule or law of this State.
11    (b) The State Appellate Defender shall submit a budget for
12the approval of the State Appellate Defender Commission.
13    (c) The State Appellate Defender may:
14        (1) maintain a panel of private attorneys available to
15    serve as counsel on a case basis;
16        (2) establish programs, alone or in conjunction with
17    law schools, for the purpose of utilizing volunteer law
18    students as legal assistants;
19        (3) cooperate and consult with state agencies,
20    professional associations, and other groups concerning the
21    causes of criminal conduct, the rehabilitation and
22    correction of persons charged with and convicted of crime,
23    the administration of criminal justice, and, in counties
24    of less than 1,000,000 population, study, design, develop

 

 

HB2337- 916 -LRB103 05867 HEP 50888 b

1    and implement model systems for the delivery of trial
2    level defender services, and make an annual report to the
3    General Assembly;
4        (4) hire investigators to provide investigative
5    services to appointed counsel and county public defenders;
6        (5) (blank);
7        (5.1) in cases in which a death sentence is an
8    authorized disposition, provide trial counsel with legal
9    assistance and the assistance of expert witnesses,
10    investigators, and mitigation specialists from funds
11    appropriated to the State Appellate Defender specifically
12    for that purpose by the General Assembly. The Office of
13    State Appellate Defender shall not be appointed to serve
14    as trial counsel in capital cases;
15        (5.5) provide training to county public defenders;
16        (5.7) provide county public defenders with the
17    assistance of expert witnesses and investigators from
18    funds appropriated to the State Appellate Defender
19    specifically for that purpose by the General Assembly. The
20    Office of the State Appellate Defender shall not be
21    appointed to act as trial counsel;
22        (6) develop a Juvenile Defender Resource Center to:
23    (i) study, design, develop, and implement model systems
24    for the delivery of trial level defender services for
25    juveniles in the justice system; (ii) in cases in which a
26    sentence of incarceration or an adult sentence, or both,

 

 

HB2337- 917 -LRB103 05867 HEP 50888 b

1    is an authorized disposition, provide trial counsel with
2    legal advice and the assistance of expert witnesses and
3    investigators from funds appropriated to the Office of the
4    State Appellate Defender by the General Assembly
5    specifically for that purpose; (iii) develop and provide
6    training to public defenders on juvenile justice issues,
7    utilizing resources including the State and local bar
8    associations, the Illinois Public Defender Association,
9    law schools, the Midwest Juvenile Defender Center, and pro
10    bono efforts by law firms; and (iv) make an annual report
11    to the General Assembly.
12    Investigators employed by the Capital Trial Assistance
13Unit and Capital Post Conviction Unit of the State Appellate
14Defender shall be authorized to inquire through the Illinois
15State Police or local law enforcement with the Law Enforcement
16Agencies Data System (LEADS) under Section 2605-375 of the
17Illinois State Police Law of the Civil Administrative Code of
18Illinois to ascertain whether their potential witnesses have a
19criminal background, including, but not limited to: (i)
20warrants; (ii) arrests; (iii) convictions; and (iv) officer
21safety information. This authorization applies only to
22information held on the State level and shall be used only to
23protect the personal safety of the investigators. Any
24information that is obtained through this inquiry may not be
25disclosed by the investigators.
26    (c-5) For each State fiscal year, the State Appellate

 

 

HB2337- 918 -LRB103 05867 HEP 50888 b

1Defender shall request a direct appropriation from the Capital
2Litigation Trust Fund for expenses incurred by the State
3Appellate Defender in providing assistance to trial attorneys
4under paragraph (5.1) of subsection (c) of this Section and
5for expenses incurred by the State Appellate Defender in
6representing petitioners in capital cases in post-conviction
7proceedings under Article 122 of the Code of Criminal
8Procedure of 1963 and in relation to petitions filed under
9Section 2-1401 of the Code of Civil Procedure in relation to
10capital cases and for the representation of those petitioners
11by attorneys approved by or contracted with the State
12Appellate Defender and an appropriation to the State Treasurer
13for payments from the Trust Fund for the defense of cases in
14counties other than Cook County. The State Appellate Defender
15may appear before the General Assembly at other times during
16the State's fiscal year to request supplemental appropriations
17from the Trust Fund to the State Treasurer.
18    (d) (Blank).
19    (e) The requirement for reporting to the General Assembly
20shall be satisfied by filing copies of the report as required
21by Section 3.1 of the General Assembly Organization Act and
22filing such additional copies with the State Government Report
23Distribution Center for the General Assembly as is required
24under paragraph (t) of Section 7 of the State Library Act.
25(Source: P.A. 99-78, eff. 7-20-15; 100-1148, eff. 12-10-18.)
 

 

 

HB2337- 919 -LRB103 05867 HEP 50888 b

1
Article 3.

 
2    Section 3-5. The Illinois Pension Code is amended by
3changing Sections 3-111, 3-111.1, 3-112, 4-109, 4-109.1, and
44-114 and by adding Sections 3-148.5 and 4-138.15 as follows:
 
5    (40 ILCS 5/3-111)  (from Ch. 108 1/2, par. 3-111)
6    Sec. 3-111. Pension.
7    (a) A police officer age 50 or more with 20 or more years
8of creditable service, who is not a participant in the
9self-managed plan under Section 3-109.3 and who is no longer
10in service as a police officer, shall receive a pension of 1/2
11of the salary attached to the rank held by the officer on the
12police force for one year immediately prior to retirement or,
13beginning July 1, 1987 for persons terminating service on or
14after that date, the salary attached to the rank held on the
15last day of service or for one year prior to the last day,
16whichever is greater. The pension shall be increased by 2.5%
17of such salary for each additional year of service over 20
18years of service through 30 years of service, to a maximum of
1975% of such salary.
20    The changes made to this subsection (a) by this amendatory
21Act of the 91st General Assembly apply to all pensions that
22become payable under this subsection on or after January 1,
231999. All pensions payable under this subsection that began on
24or after January 1, 1999 and before the effective date of this

 

 

HB2337- 920 -LRB103 05867 HEP 50888 b

1amendatory Act shall be recalculated, and the amount of the
2increase accruing for that period shall be payable to the
3pensioner in a lump sum.
4    (a-5) No pension in effect on or granted after June 30,
51973 shall be less than $200 per month. Beginning July 1, 1987,
6the minimum retirement pension for a police officer having at
7least 20 years of creditable service shall be $400 per month,
8without regard to whether or not retirement occurred prior to
9that date. If the minimum pension established in Section
103-113.1 is greater than the minimum provided in this
11subsection, the Section 3-113.1 minimum controls.
12    (b) A police officer mandatorily retired from service due
13to age by operation of law, having at least 8 but less than 20
14years of creditable service, shall receive a pension equal to
152 1/2% of the salary attached to the rank he or she held on the
16police force for one year immediately prior to retirement or,
17beginning July 1, 1987 for persons terminating service on or
18after that date, the salary attached to the rank held on the
19last day of service or for one year prior to the last day,
20whichever is greater, for each year of creditable service.
21    A police officer who retires or is separated from service
22having at least 8 years but less than 20 years of creditable
23service, who is not mandatorily retired due to age by
24operation of law, and who does not apply for a refund of
25contributions at his or her last separation from police
26service, shall receive a pension upon attaining age 60 equal

 

 

HB2337- 921 -LRB103 05867 HEP 50888 b

1to 2.5% of the salary attached to the rank held by the police
2officer on the police force for one year immediately prior to
3retirement or, beginning July 1, 1987 for persons terminating
4service on or after that date, the salary attached to the rank
5held on the last day of service or for one year prior to the
6last day, whichever is greater, for each year of creditable
7service.
8    (c) A police officer no longer in service who has at least
9one but less than 8 years of creditable service in a police
10pension fund but meets the requirements of this subsection (c)
11shall be eligible to receive a pension from that fund equal to
122.5% of the salary attached to the rank held on the last day of
13service under that fund or for one year prior to that last day,
14whichever is greater, for each year of creditable service in
15that fund. The pension shall begin no earlier than upon
16attainment of age 60 (or upon mandatory retirement from the
17fund by operation of law due to age, if that occurs before age
1860) and in no event before the effective date of this
19amendatory Act of 1997.
20    In order to be eligible for a pension under this
21subsection (c), the police officer must have at least 8 years
22of creditable service in a second police pension fund under
23this Article and be receiving a pension under subsection (a)
24or (b) of this Section from that second fund. The police
25officer need not be in service on or after the effective date
26of this amendatory Act of 1997.

 

 

HB2337- 922 -LRB103 05867 HEP 50888 b

1    (d) (Blank). Notwithstanding any other provision of this
2Article, the provisions of this subsection (d) apply to a
3person who is not a participant in the self-managed plan under
4Section 3-109.3 and who first becomes a police officer under
5this Article on or after January 1, 2011.
6    A police officer age 55 or more who has 10 or more years of
7service in that capacity shall be entitled at his option to
8receive a monthly pension for his service as a police officer
9computed by multiplying 2.5% for each year of such service by
10his or her final average salary.
11    The pension of a police officer who is retiring after
12attaining age 50 with 10 or more years of creditable service
13shall be reduced by one-half of 1% for each month that the
14police officer's age is under age 55.
15    The maximum pension under this subsection (d) shall be 75%
16of final average salary.
17    For the purposes of this subsection (d), "final average
18salary" means the greater of: (i) the average monthly salary
19obtained by dividing the total salary of the police officer
20during the 48 consecutive months of service within the last 60
21months of service in which the total salary was the highest by
22the number of months of service in that period; or (ii) the
23average monthly salary obtained by dividing the total salary
24of the police officer during the 96 consecutive months of
25service within the last 120 months of service in which the
26total salary was the highest by the number of months of service

 

 

HB2337- 923 -LRB103 05867 HEP 50888 b

1in that period.
2    Beginning on January 1, 2011, for all purposes under this
3Code (including without limitation the calculation of benefits
4and employee contributions), the annual salary based on the
5plan year of a member or participant to whom this Section
6applies shall not exceed $106,800; however, that amount shall
7annually thereafter be increased by the lesser of (i) 3% of
8that amount, including all previous adjustments, or (ii) the
9annual unadjusted percentage increase (but not less than zero)
10in the consumer price index-u for the 12 months ending with the
11September preceding each November 1, including all previous
12adjustments.
13    Nothing in this amendatory Act of the 101st General
14Assembly shall cause or otherwise result in any retroactive
15adjustment of any employee contributions.
16(Source: P.A. 101-610, eff. 1-1-20.)
 
17    (40 ILCS 5/3-111.1)  (from Ch. 108 1/2, par. 3-111.1)
18    Sec. 3-111.1. Increase in pension.
19    (a) Except as provided in subsection (e), the monthly
20pension of a police officer who retires after July 1, 1971, and
21prior to January 1, 1986, shall be increased, upon either the
22first of the month following the first anniversary of the date
23of retirement if the officer is 60 years of age or over at
24retirement date, or upon the first day of the month following
25attainment of age 60 if it occurs after the first anniversary

 

 

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1of retirement, by 3% of the originally granted pension and by
2an additional 3% of the originally granted pension in January
3of each year thereafter.
4    (b) The monthly pension of a police officer who retired
5from service with 20 or more years of service, on or before
6July 1, 1971, shall be increased in January of the year
7following the year of attaining age 65 or in January of 1972,
8if then over age 65, by 3% of the originally granted pension
9for each year the police officer received pension payments. In
10each January thereafter, he or she shall receive an additional
11increase of 3% of the original pension.
12    (c) The monthly pension of a police officer who retires on
13disability or is retired for disability shall be increased in
14January of the year following the year of attaining age 60, by
153% of the original grant of pension for each year he or she
16received pension payments. In each January thereafter, the
17police officer shall receive an additional increase of 3% of
18the original pension.
19    (d) The monthly pension of a police officer who retires
20after January 1, 1986, shall be increased, upon either the
21first of the month following the first anniversary of the date
22of retirement if the officer is 55 years of age or over, or
23upon the first day of the month following attainment of age 55
24if it occurs after the first anniversary of retirement, by
251/12 of 3% of the originally granted pension for each full
26month that has elapsed since the pension began, and by an

 

 

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1additional 3% of the originally granted pension in January of
2each year thereafter.
3    The changes made to this subsection (d) by this amendatory
4Act of the 91st General Assembly apply to all initial
5increases that become payable under this subsection on or
6after January 1, 1999. All initial increases that became
7payable under this subsection on or after January 1, 1999 and
8before the effective date of this amendatory Act shall be
9recalculated and the additional amount accruing for that
10period, if any, shall be payable to the pensioner in a lump
11sum.
12    (e) Notwithstanding the provisions of subsection (a), upon
13the first day of the month following (1) the first anniversary
14of the date of retirement, or (2) the attainment of age 55, or
15(3) July 1, 1987, whichever occurs latest, the monthly pension
16of a police officer who retired on or after January 1, 1977 and
17on or before January 1, 1986, and did not receive an increase
18under subsection (a) before July 1, 1987, shall be increased
19by 3% of the originally granted monthly pension for each full
20year that has elapsed since the pension began, and by an
21additional 3% of the originally granted pension in each
22January thereafter. The increases provided under this
23subsection are in lieu of the increases provided in subsection
24(a).
25    (f) Notwithstanding the other provisions of this Section,
26beginning with increases granted on or after July 1, 1993, the

 

 

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1second and all subsequent automatic annual increases granted
2under subsection (a), (b), (d), or (e) of this Section shall be
3calculated as 3% of the amount of pension payable at the time
4of the increase, including any increases previously granted
5under this Section, rather than 3% of the originally granted
6pension amount. Section 1-103.1 does not apply to this
7subsection (f).
8    (g) Notwithstanding any other provision of this Article,
9the monthly pension of a person who first becomes a police
10officer under this Article on or after January 1, 2011 shall be
11increased on the January 1 occurring either on or after the
12attainment of age 60 or the first anniversary of the pension
13start date, whichever is later; except that, beginning on the
14effective date of this amendatory Act of the 103rd General
15Assembly, eligibility for and the amount of the automatic
16increase in the monthly pension of such a person shall be
17calculated as otherwise provided in this Section. Each annual
18increase shall be calculated at 3% or one-half the annual
19unadjusted percentage increase (but not less than zero) in the
20consumer price index-u for the 12 months ending with the
21September preceding each November 1, whichever is less, of the
22originally granted pension. If the annual unadjusted
23percentage change in the consumer price index-u for a 12-month
24period ending in September is zero or, when compared with the
25preceding period, decreases, then the pension shall not be
26increased.

 

 

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1    For the purposes of this subsection (g), "consumer price
2index-u" means the index published by the Bureau of Labor
3Statistics of the United States Department of Labor that
4measures the average change in prices of goods and services
5purchased by all urban consumers, United States city average,
6all items, 1982-84 = 100. The new amount resulting from each
7annual adjustment shall be determined by the Public Pension
8Division of the Department of Insurance and made available to
9the boards of the pension funds.
10(Source: P.A. 96-1495, eff. 1-1-11.)
 
11    (40 ILCS 5/3-112)  (from Ch. 108 1/2, par. 3-112)
12    Sec. 3-112. Pension to survivors.
13    (a) Upon the death of a police officer entitled to a
14pension under Section 3-111, the surviving spouse shall be
15entitled to the pension to which the police officer was then
16entitled. Upon the death of the surviving spouse, or upon the
17remarriage of the surviving spouse if that remarriage
18terminates the surviving spouse's eligibility under Section
193-121, the police officer's unmarried children who are under
20age 18 or who are dependent because of physical or mental
21disability shall be entitled to equal shares of such pension.
22If there is no eligible surviving spouse and no eligible
23child, the dependent parent or parents of the officer shall be
24entitled to receive or share such pension until their death or
25marriage or remarriage after the death of the police officer.

 

 

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1    Notwithstanding any other provision of this Article, for a
2person who first becomes a police officer under this Article
3on or after January 1, 2011, the pension to which the surviving
4spouse, children, or parents are entitled under this
5subsection (a) shall be in an amount equal to the greater of
6(i) 54% of the police officer's monthly salary at the date of
7death, or (ii) 66 2/3% of the police officer's earned pension
8at the date of death, and, if there is a surviving spouse, 12%
9of such monthly salary shall be granted to the guardian of any
10minor child or children, including a child who has been
11conceived but not yet born, for each such child until
12attainment of age 18. Upon the death of the surviving spouse
13leaving one or more minor children, or upon the death of a
14police officer leaving one or more minor children but no
15surviving spouse, a monthly pension of 20% of the monthly
16salary shall be granted to the duly appointed guardian of each
17such child for the support and maintenance of each such child
18until the child reaches age 18. The total pension provided
19under this paragraph shall not exceed 75% of the monthly
20salary of the deceased police officer (1) when paid to the
21survivor of a police officer who has attained 20 or more years
22of service credit and who receives or is eligible to receive a
23retirement pension under this Article, (2) when paid to the
24survivor of a police officer who dies as a result of illness or
25accident, (3) when paid to the survivor of a police officer who
26dies from any cause while in receipt of a disability pension

 

 

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1under this Article, or (4) when paid to the survivor of a
2deferred pensioner. Nothing in this subsection (a) shall act
3to diminish the survivor's benefits described in subsection
4(e) of this Section.
5    Notwithstanding Section 1-103.1, the changes made to this
6subsection apply without regard to whether the deceased police
7officer was in service on or after the effective date of this
8amendatory Act of the 101st General Assembly.
9    Notwithstanding any other provision of this Article, the
10monthly pension of a survivor of a person who first becomes a
11police officer under this Article on or after January 1, 2011
12shall be increased on the January 1 after attainment of age 60
13by the recipient of the survivor's pension and each January 1
14thereafter by 3% or one-half the annual unadjusted percentage
15increase (but not less than zero) in the consumer price
16index-u for the 12 months ending with the September preceding
17each November 1, whichever is less, of the originally granted
18survivor's pension; except that, beginning on the effective
19date of this amendatory Act of the 103rd General Assembly,
20eligibility for and the amount of the automatic increase in
21the monthly pension of such a survivor shall be calculated as
22otherwise provided in this Section. If the annual unadjusted
23percentage change in the consumer price index-u for a 12-month
24period ending in September is zero or, when compared with the
25preceding period, decreases, then the survivor's pension shall
26not be increased.

 

 

HB2337- 930 -LRB103 05867 HEP 50888 b

1    For the purposes of this subsection (a), "consumer price
2index-u" means the index published by the Bureau of Labor
3Statistics of the United States Department of Labor that
4measures the average change in prices of goods and services
5purchased by all urban consumers, United States city average,
6all items, 1982-84 = 100. The new amount resulting from each
7annual adjustment shall be determined by the Public Pension
8Division of the Department of Insurance and made available to
9the boards of the pension funds.
10    (b) Upon the death of a police officer while in service,
11having at least 20 years of creditable service, or upon the
12death of a police officer who retired from service with at
13least 20 years of creditable service, whether death occurs
14before or after attainment of age 50, the pension earned by the
15police officer as of the date of death as provided in Section
163-111 shall be paid to the survivors in the sequence provided
17in subsection (a) of this Section.
18    (c) Upon the death of a police officer while in service,
19having at least 10 but less than 20 years of service, a pension
20of 1/2 of the salary attached to the rank or ranks held by the
21officer for one year immediately prior to death shall be
22payable to the survivors in the sequence provided in
23subsection (a) of this Section. If death occurs as a result of
24the performance of duty, the 10 year requirement shall not
25apply and the pension to survivors shall be payable after any
26period of service.

 

 

HB2337- 931 -LRB103 05867 HEP 50888 b

1    (d) Beginning July 1, 1987, a minimum pension of $400 per
2month shall be paid to all surviving spouses, without regard
3to the fact that the death of the police officer occurred prior
4to that date. If the minimum pension established in Section
53-113.1 is greater than the minimum provided in this
6subsection, the Section 3-113.1 minimum controls.
7    (e) The pension of the surviving spouse of a police
8officer who dies (i) on or after January 1, 2001, (ii) without
9having begun to receive either a retirement pension payable
10under Section 3-111 or a disability pension payable under
11Section 3-114.1, 3-114.2, 3-114.3, or 3-114.6, and (iii) as a
12result of sickness, accident, or injury incurred in or
13resulting from the performance of an act of duty shall not be
14less than 100% of the salary attached to the rank held by the
15deceased police officer on the last day of service,
16notwithstanding any provision in this Article to the contrary.
17(Source: P.A. 101-610, eff. 1-1-20.)
 
18    (40 ILCS 5/3-148.5 new)
19    Sec. 3-148.5. Application of this amendatory Act of the
20103rd General Assembly. It is the intent of this amendatory
21Act of the 103rd General Assembly to provide to police
22officers who first became police officers on or after January
231, 2011 the same level of benefits and eligibility criteria
24for benefits as those who first became police officers before
25January 1, 2011. The changes made to this Article by this

 

 

HB2337- 932 -LRB103 05867 HEP 50888 b

1amendatory Act of the 103rd General Assembly that provide
2benefit increases for police officers apply without regard to
3whether the police officer was in service on or after the
4effective date of this amendatory Act of the 103rd General
5Assembly, notwithstanding the provisions of Section 1-103.1.
6The benefit increases are intended to apply prospectively and
7do not entitle a police officer to retroactive benefit
8payments or increases. The changes made to this Article by
9this amendatory Act of the 103rd General Assembly shall not
10cause or otherwise result in any retroactive adjustment of any
11employee contributions.
 
12    (40 ILCS 5/4-109)  (from Ch. 108 1/2, par. 4-109)
13    Sec. 4-109. Pension.
14    (a) A firefighter age 50 or more with 20 or more years of
15creditable service, who is no longer in service as a
16firefighter, shall receive a monthly pension of 1/2 the
17monthly salary attached to the rank held by him or her in the
18fire service at the date of retirement.
19    The monthly pension shall be increased by 1/12 of 2.5% of
20such monthly salary for each additional month over 20 years of
21service through 30 years of service, to a maximum of 75% of
22such monthly salary.
23    The changes made to this subsection (a) by this amendatory
24Act of the 91st General Assembly apply to all pensions that
25become payable under this subsection on or after January 1,

 

 

HB2337- 933 -LRB103 05867 HEP 50888 b

11999. All pensions payable under this subsection that began on
2or after January 1, 1999 and before the effective date of this
3amendatory Act shall be recalculated, and the amount of the
4increase accruing for that period shall be payable to the
5pensioner in a lump sum.
6    (b) A firefighter who retires or is separated from service
7having at least 10 but less than 20 years of creditable
8service, who is not entitled to receive a disability pension,
9and who did not apply for a refund of contributions at his or
10her last separation from service shall receive a monthly
11pension upon attainment of age 60 based on the monthly salary
12attached to his or her rank in the fire service on the date of
13retirement or separation from service according to the
14following schedule:
15    For 10 years of service, 15% of salary;
16    For 11 years of service, 17.6% of salary;
17    For 12 years of service, 20.4% of salary;
18    For 13 years of service, 23.4% of salary;
19    For 14 years of service, 26.6% of salary;
20    For 15 years of service, 30% of salary;
21    For 16 years of service, 33.6% of salary;
22    For 17 years of service, 37.4% of salary;
23    For 18 years of service, 41.4% of salary;
24    For 19 years of service, 45.6% of salary.
25    (c) (Blank). Notwithstanding any other provision of this
26Article, the provisions of this subsection (c) apply to a

 

 

HB2337- 934 -LRB103 05867 HEP 50888 b

1person who first becomes a firefighter under this Article on
2or after January 1, 2011.
3    A firefighter age 55 or more who has 10 or more years of
4service in that capacity shall be entitled at his option to
5receive a monthly pension for his service as a firefighter
6computed by multiplying 2.5% for each year of such service by
7his or her final average salary.
8    The pension of a firefighter who is retiring after
9attaining age 50 with 10 or more years of creditable service
10shall be reduced by one-half of 1% for each month that the
11firefighter's age is under age 55.
12    The maximum pension under this subsection (c) shall be 75%
13of final average salary.
14    For the purposes of this subsection (c), "final average
15salary" means the greater of: (i) the average monthly salary
16obtained by dividing the total salary of the firefighter
17during the 48 consecutive months of service within the last 60
18months of service in which the total salary was the highest by
19the number of months of service in that period; or (ii) the
20average monthly salary obtained by dividing the total salary
21of the firefighter during the 96 consecutive months of service
22within the last 120 months of service in which the total salary
23was the highest by the number of months of service in that
24period.
25    Beginning on January 1, 2011, for all purposes under this
26Code (including without limitation the calculation of benefits

 

 

HB2337- 935 -LRB103 05867 HEP 50888 b

1and employee contributions), the annual salary based on the
2plan year of a member or participant to whom this Section
3applies shall not exceed $106,800; however, that amount shall
4annually thereafter be increased by the lesser of (i) 3% of
5that amount, including all previous adjustments, or (ii) the
6annual unadjusted percentage increase (but not less than zero)
7in the consumer price index-u for the 12 months ending with the
8September preceding each November 1, including all previous
9adjustments.
10    Nothing in this amendatory Act of the 101st General
11Assembly shall cause or otherwise result in any retroactive
12adjustment of any employee contributions.
13(Source: P.A. 101-610, eff. 1-1-20.)
 
14    (40 ILCS 5/4-109.1)  (from Ch. 108 1/2, par. 4-109.1)
15    Sec. 4-109.1. Increase in pension.
16    (a) Except as provided in subsection (e), the monthly
17pension of a firefighter who retires after July 1, 1971 and
18prior to January 1, 1986, shall, upon either the first of the
19month following the first anniversary of the date of
20retirement if 60 years of age or over at retirement date, or
21upon the first day of the month following attainment of age 60
22if it occurs after the first anniversary of retirement, be
23increased by 2% of the originally granted monthly pension and
24by an additional 2% in each January thereafter. Effective
25January 1976, the rate of the annual increase shall be 3% of

 

 

HB2337- 936 -LRB103 05867 HEP 50888 b

1the originally granted monthly pension.
2    (b) The monthly pension of a firefighter who retired from
3service with 20 or more years of service, on or before July 1,
41971, shall be increased, in January of the year following the
5year of attaining age 65 or in January 1972, if then over age
665, by 2% of the originally granted monthly pension, for each
7year the firefighter received pension payments. In each
8January thereafter, he or she shall receive an additional
9increase of 2% of the original monthly pension. Effective
10January 1976, the rate of the annual increase shall be 3%.
11    (c) The monthly pension of a firefighter who is receiving
12a disability pension under this Article shall be increased, in
13January of the year following the year the firefighter attains
14age 60, or in January 1974, if then over age 60, by 2% of the
15originally granted monthly pension for each year he or she
16received pension payments. In each January thereafter, the
17firefighter shall receive an additional increase of 2% of the
18original monthly pension. Effective January 1976, the rate of
19the annual increase shall be 3%.
20    (c-1) On January 1, 1998, every child's disability benefit
21payable on that date under Section 4-110 or 4-110.1 shall be
22increased by an amount equal to 1/12 of 3% of the amount of the
23benefit, multiplied by the number of months for which the
24benefit has been payable. On each January 1 thereafter, every
25child's disability benefit payable under Section 4-110 or
264-110.1 shall be increased by 3% of the amount of the benefit

 

 

HB2337- 937 -LRB103 05867 HEP 50888 b

1then being paid, including any previous increases received
2under this Article. These increases are not subject to any
3limitation on the maximum benefit amount included in Section
44-110 or 4-110.1.
5    (c-2) On July 1, 2004, every pension payable to or on
6behalf of a minor or disabled surviving child that is payable
7on that date under Section 4-114 shall be increased by an
8amount equal to 1/12 of 3% of the amount of the pension,
9multiplied by the number of months for which the benefit has
10been payable. On July 1, 2005, July 1, 2006, July 1, 2007, and
11July 1, 2008, every pension payable to or on behalf of a minor
12or disabled surviving child that is payable under Section
134-114 shall be increased by 3% of the amount of the pension
14then being paid, including any previous increases received
15under this Article. These increases are not subject to any
16limitation on the maximum benefit amount included in Section
174-114.
18    (d) The monthly pension of a firefighter who retires after
19January 1, 1986, shall, upon either the first of the month
20following the first anniversary of the date of retirement if
2155 years of age or over, or upon the first day of the month
22following attainment of age 55 if it occurs after the first
23anniversary of retirement, be increased by 1/12 of 3% of the
24originally granted monthly pension for each full month that
25has elapsed since the pension began, and by an additional 3% in
26each January thereafter.

 

 

HB2337- 938 -LRB103 05867 HEP 50888 b

1    The changes made to this subsection (d) by this amendatory
2Act of the 91st General Assembly apply to all initial
3increases that become payable under this subsection on or
4after January 1, 1999. All initial increases that became
5payable under this subsection on or after January 1, 1999 and
6before the effective date of this amendatory Act shall be
7recalculated and the additional amount accruing for that
8period, if any, shall be payable to the pensioner in a lump
9sum.
10    (e) Notwithstanding the provisions of subsection (a), upon
11the first day of the month following (1) the first anniversary
12of the date of retirement, or (2) the attainment of age 55, or
13(3) July 1, 1987, whichever occurs latest, the monthly pension
14of a firefighter who retired on or after January 1, 1977 and on
15or before January 1, 1986 and did not receive an increase under
16subsection (a) before July 1, 1987, shall be increased by 3% of
17the originally granted monthly pension for each full year that
18has elapsed since the pension began, and by an additional 3% in
19each January thereafter. The increases provided under this
20subsection are in lieu of the increases provided in subsection
21(a).
22    (f) In July 2009, the monthly pension of a firefighter who
23retired before July 1, 1977 shall be recalculated and
24increased to reflect the amount that the firefighter would
25have received in July 2009 had the firefighter been receiving
26a 3% compounded increase for each year he or she received

 

 

HB2337- 939 -LRB103 05867 HEP 50888 b

1pension payments after January 1, 1986, plus any increases in
2pension received for each year prior to January 1, 1986. In
3each January thereafter, he or she shall receive an additional
4increase of 3% of the amount of the pension then being paid.
5The changes made to this Section by this amendatory Act of the
696th General Assembly apply without regard to whether the
7firefighter was in service on or after its effective date.
8    (g) Notwithstanding any other provision of this Article,
9the monthly pension of a person who first becomes a
10firefighter under this Article on or after January 1, 2011
11shall be increased on the January 1 occurring either on or
12after the attainment of age 60 or the first anniversary of the
13pension start date, whichever is later; except that, beginning
14on the effective date of this amendatory Act of the 103rd
15General Assembly, eligibility for and the amount of the
16automatic increase in the monthly pension of such a person
17shall be calculated as otherwise provided in this Section.
18Each annual increase shall be calculated at 3% or one-half the
19annual unadjusted percentage increase (but not less than zero)
20in the consumer price index-u for the 12 months ending with the
21September preceding each November 1, whichever is less, of the
22originally granted pension. If the annual unadjusted
23percentage change in the consumer price index-u for a 12-month
24period ending in September is zero or, when compared with the
25preceding period, decreases, then the pension shall not be
26increased.

 

 

HB2337- 940 -LRB103 05867 HEP 50888 b

1    For the purposes of this subsection (g), "consumer price
2index-u" means the index published by the Bureau of Labor
3Statistics of the United States Department of Labor that
4measures the average change in prices of goods and services
5purchased by all urban consumers, United States city average,
6all items, 1982-84 = 100. The new amount resulting from each
7annual adjustment shall be determined by the Public Pension
8Division of the Department of Insurance and made available to
9the boards of the pension funds.
10(Source: P.A. 96-775, eff. 8-28-09; 96-1495, eff. 1-1-11.)
 
11    (40 ILCS 5/4-114)  (from Ch. 108 1/2, par. 4-114)
12    Sec. 4-114. Pension to survivors. If a firefighter who is
13not receiving a disability pension under Section 4-110 or
144-110.1 dies (1) as a result of any illness or accident, or (2)
15from any cause while in receipt of a disability pension under
16this Article, or (3) during retirement after 20 years service,
17or (4) while vested for or in receipt of a pension payable
18under subsection (b) of Section 4-109, or (5) while a deferred
19pensioner, having made all required contributions, a pension
20shall be paid to his or her survivors, based on the monthly
21salary attached to the firefighter's rank on the last day of
22service in the fire department, as follows:
23        (a)(1) To the surviving spouse, a monthly pension of
24    40% of the monthly salary, and if there is a surviving
25    spouse, to the guardian of any minor child or children

 

 

HB2337- 941 -LRB103 05867 HEP 50888 b

1    including a child which has been conceived but not yet
2    born, 12% of such monthly salary for each such child until
3    attainment of age 18 or until the child's marriage,
4    whichever occurs first. Beginning July 1, 1993, the
5    monthly pension to the surviving spouse shall be 54% of
6    the monthly salary for all persons receiving a surviving
7    spouse pension under this Article, regardless of whether
8    the deceased firefighter was in service on or after the
9    effective date of this amendatory Act of 1993.
10        (2) Beginning July 1, 2004, unless the amount provided
11    under paragraph (1) of this subsection (a) is greater, the
12    total monthly pension payable under this paragraph (a),
13    including any amount payable on account of children, to
14    the surviving spouse of a firefighter who died (i) while
15    receiving a retirement pension, (ii) while he or she was a
16    deferred pensioner with at least 20 years of creditable
17    service, or (iii) while he or she was in active service
18    having at least 20 years of creditable service, regardless
19    of age, shall be no less than 100% of the monthly
20    retirement pension earned by the deceased firefighter at
21    the time of death, regardless of whether death occurs
22    before or after attainment of age 50, including any
23    increases under Section 4-109.1. This minimum applies to
24    all such surviving spouses who are eligible to receive a
25    surviving spouse pension, regardless of whether the
26    deceased firefighter was in service on or after the

 

 

HB2337- 942 -LRB103 05867 HEP 50888 b

1    effective date of this amendatory Act of the 93rd General
2    Assembly, and notwithstanding any limitation on maximum
3    pension under paragraph (d) or any other provision of this
4    Article.
5        (3) If the pension paid on and after July 1, 2004 to
6    the surviving spouse of a firefighter who died on or after
7    July 1, 2004 and before the effective date of this
8    amendatory Act of the 93rd General Assembly was less than
9    the minimum pension payable under paragraph (1) or (2) of
10    this subsection (a), the fund shall pay a lump sum equal to
11    the difference within 90 days after the effective date of
12    this amendatory Act of the 93rd General Assembly.
13        The pension to the surviving spouse shall terminate in
14    the event of the surviving spouse's remarriage prior to
15    July 1, 1993; remarriage on or after that date does not
16    affect the surviving spouse's pension, regardless of
17    whether the deceased firefighter was in service on or
18    after the effective date of this amendatory Act of 1993.
19        The surviving spouse's pension shall be subject to the
20    minimum established in Section 4-109.2.
21        (b) Upon the death of the surviving spouse leaving one
22    or more minor children, or upon the death of a firefighter
23    leaving one or more minor children but no surviving
24    spouse, to the duly appointed guardian of each such child,
25    for support and maintenance of each such child until the
26    child reaches age 18 or marries, whichever occurs first, a

 

 

HB2337- 943 -LRB103 05867 HEP 50888 b

1    monthly pension of 20% of the monthly salary.
2        In a case where the deceased firefighter left one or
3    more minor children but no surviving spouse and the
4    guardian of a child is receiving a pension of 12% of the
5    monthly salary on August 16, 2013 (the effective date of
6    Public Act 98-391), the pension is increased by Public Act
7    98-391 to 20% of the monthly salary for each such child,
8    beginning on the pension payment date occurring on or next
9    following August 16, 2013. The changes to this Section
10    made by Public Act 98-391 apply without regard to whether
11    the deceased firefighter was in service on or after August
12    16, 2013.
13        (c) If a deceased firefighter leaves no surviving
14    spouse or unmarried minor children under age 18, but
15    leaves a dependent father or mother, to each dependent
16    parent a monthly pension of 18% of the monthly salary. To
17    qualify for the pension, a dependent parent must furnish
18    satisfactory proof that the deceased firefighter was at
19    the time of his or her death the sole supporter of the
20    parent or that the parent was the deceased's dependent for
21    federal income tax purposes.
22        (d) The total pension provided under paragraphs (a),
23    (b) and (c) of this Section shall not exceed 75% of the
24    monthly salary of the deceased firefighter (1) when paid
25    to the survivor of a firefighter who has attained 20 or
26    more years of service credit and who receives or is

 

 

HB2337- 944 -LRB103 05867 HEP 50888 b

1    eligible to receive a retirement pension under this
2    Article, or (2) when paid to the survivor of a firefighter
3    who dies as a result of illness or accident, or (3) when
4    paid to the survivor of a firefighter who dies from any
5    cause while in receipt of a disability pension under this
6    Article, or (4) when paid to the survivor of a deferred
7    pensioner. For all other survivors of deceased
8    firefighters, the total pension provided under paragraphs
9    (a), (b) and (c) of this Section shall not exceed 50% of
10    the retirement annuity the firefighter would have received
11    on the date of death.
12        The maximum pension limitations in this paragraph (d)
13    do not control over any contrary provision of this Article
14    explicitly establishing a minimum amount of pension or
15    granting a one-time or annual increase in pension.
16        (e) If a firefighter leaves no eligible survivors
17    under paragraphs (a), (b) and (c), the board shall refund
18    to the firefighter's estate the amount of his or her
19    accumulated contributions, less the amount of pension
20    payments, if any, made to the firefighter while living.
21        (f) (Blank).
22        (g) If a judgment of dissolution of marriage between a
23    firefighter and spouse is judicially set aside subsequent
24    to the firefighter's death, the surviving spouse is
25    eligible for the pension provided in paragraph (a) only if
26    the judicial proceedings are filed within 2 years after

 

 

HB2337- 945 -LRB103 05867 HEP 50888 b

1    the date of the dissolution of marriage and within one
2    year after the firefighter's death and the board is made a
3    party to the proceedings. In such case the pension shall
4    be payable only from the date of the court's order setting
5    aside the judgment of dissolution of marriage.
6        (h) Benefits payable on account of a child under this
7    Section shall not be reduced or terminated by reason of
8    the child's attainment of age 18 if he or she is then
9    dependent by reason of a physical or mental disability but
10    shall continue to be paid as long as such dependency
11    continues. Individuals over the age of 18 and adjudged as
12    a disabled person pursuant to Article XIa of the Probate
13    Act of 1975, except for persons receiving benefits under
14    Article III of the Illinois Public Aid Code, shall be
15    eligible to receive benefits under this Act.
16        (i) Beginning January 1, 2000, the pension of the
17    surviving spouse of a firefighter who dies on or after
18    January 1, 1994 as a result of sickness, accident, or
19    injury incurred in or resulting from the performance of an
20    act of duty or from the cumulative effects of acts of duty
21    shall not be less than 100% of the salary attached to the
22    rank held by the deceased firefighter on the last day of
23    service, notwithstanding subsection (d) or any other
24    provision of this Article.
25        (j) Beginning July 1, 2004, the pension of the
26    surviving spouse of a firefighter who dies on or after

 

 

HB2337- 946 -LRB103 05867 HEP 50888 b

1    January 1, 1988 as a result of sickness, accident, or
2    injury incurred in or resulting from the performance of an
3    act of duty or from the cumulative effects of acts of duty
4    shall not be less than 100% of the salary attached to the
5    rank held by the deceased firefighter on the last day of
6    service, notwithstanding subsection (d) or any other
7    provision of this Article.
8    Notwithstanding any other provision of this Article, if a
9person who first becomes a firefighter under this Article on
10or after January 1, 2011 and who is not receiving a disability
11pension under Section 4-110 or 4-110.1 dies (1) as a result of
12any illness or accident, (2) from any cause while in receipt of
13a disability pension under this Article, (3) during retirement
14after 20 years service, (4) while vested for or in receipt of a
15pension payable under subsection (b) of Section 4-109, or (5)
16while a deferred pensioner, having made all required
17contributions, then a pension shall be paid to his or her
18survivors in an amount equal to the greater of (i) 54% of the
19firefighter's monthly salary at the date of death, or (ii) 66
202/3% of the firefighter's earned pension at the date of death,
21and, if there is a surviving spouse, 12% of such monthly salary
22shall be granted to the guardian of any minor child or
23children, including a child who has been conceived but not yet
24born, for each such child until attainment of age 18. Upon the
25death of the surviving spouse leaving one or more minor
26children, or upon the death of a firefighter leaving one or

 

 

HB2337- 947 -LRB103 05867 HEP 50888 b

1more minor children but no surviving spouse, a monthly pension
2of 20% of the monthly salary shall be granted to the duly
3appointed guardian of each such child for the support and
4maintenance of each such child until the child reaches age 18.
5The total pension provided under this paragraph shall not
6exceed 75% of the monthly salary of the deceased firefighter
7(1) when paid to the survivor of a firefighter who has attained
820 or more years of service credit and who receives or is
9eligible to receive a retirement pension under this Article,
10(2) when paid to the survivor of a firefighter who dies as a
11result of illness or accident, (3) when paid to the survivor of
12a firefighter who dies from any cause while in receipt of a
13disability pension under this Article, or (4) when paid to the
14survivor of a deferred pensioner. Nothing in this Section
15shall act to diminish the survivor's benefits described in
16subsection (j) of this Section.
17    Notwithstanding Section 1-103.1, the changes made to this
18subsection apply without regard to whether the deceased
19firefighter was in service on or after the effective date of
20this amendatory Act of the 101st General Assembly.
21    Notwithstanding any other provision of this Article, the
22monthly pension of a survivor of a person who first becomes a
23firefighter under this Article on or after January 1, 2011
24shall be increased on the January 1 after attainment of age 60
25by the recipient of the survivor's pension and each January 1
26thereafter by 3% or one-half the annual unadjusted percentage

 

 

HB2337- 948 -LRB103 05867 HEP 50888 b

1increase in the consumer price index-u for the 12 months
2ending with the September preceding each November 1, whichever
3is less, of the originally granted survivor's pension; except
4that, beginning on the effective date of this amendatory Act
5of the 103rd General Assembly, eligibility for and the amount
6of the automatic increase in the monthly pension of such a
7survivor shall be calculated as otherwise provided in this
8Section. If the annual unadjusted percentage change in the
9consumer price index-u for a 12-month period ending in
10September is zero or, when compared with the preceding period,
11decreases, then the survivor's pension shall not be increased.
12    For the purposes of this Section, "consumer price index-u"
13means the index published by the Bureau of Labor Statistics of
14the United States Department of Labor that measures the
15average change in prices of goods and services purchased by
16all urban consumers, United States city average, all items,
171982-84 = 100. The new amount resulting from each annual
18adjustment shall be determined by the Public Pension Division
19of the Department of Insurance and made available to the
20boards of the pension funds.
21(Source: P.A. 101-610, eff. 1-1-20.)
 
22    (40 ILCS 5/4-138.15 new)
23    Sec. 4-138.15. Application of this amendatory Act of the
24103rd General Assembly. It is the intent of this amendatory
25Act of the 103rd General Assembly to provide to firefighters

 

 

HB2337- 949 -LRB103 05867 HEP 50888 b

1who first became firefighters on or after January 1, 2011 the
2same level of benefits and eligibility criteria for benefits
3as those who first became firefighters before January 1, 2011.
4The changes made to this Article by this amendatory Act of the
5103rd General Assembly that provide benefit increases for
6firefighters apply without regard to whether the firefighter
7was in service on or after the effective date of this
8amendatory Act of the 103rd General Assembly, notwithstanding
9the provisions of Section 1-103.1. The benefit increases are
10intended to apply prospectively and do not entitle a
11firefighter to retroactive benefit payments or increases. The
12changes made to this Article by this amendatory Act of the
13103rd General Assembly shall not cause or otherwise result in
14any retroactive adjustment of any employee contributions.
 
15    Section 3-90. The State Mandates Act is amended by adding
16Section 8.47 as follows:
 
17    (30 ILCS 805/8.47 new)
18    Sec. 8.47. Exempt mandate. Notwithstanding Sections 6 and
198 of this Act, no reimbursement by the State is required for
20the implementation of any mandate created by this amendatory
21Act of the 103rd General Assembly.
 
22
Article 4.

 

 

 

HB2337- 950 -LRB103 05867 HEP 50888 b

1    Section 4-5. The Illinois Municipal Code is amended by
2adding Section 10-4-2.9 as follows:
 
3    (65 ILCS 5/10-4-2.9 new)
4    Sec. 10-4-2.9. Retired police officers and firefighters. A
5municipality that provides health insurance to police officers
6and firefighters shall maintain the health insurance plans of
7these employees after retirement and shall pay the cost of the
8health insurance premiums for each retiree who has completed
920 years of service.
 
10
Article 99.

 
11    Section 99-995. No acceleration or delay. Where this Act
12makes changes in a statute that is represented in this Act by
13text that is not yet or no longer in effect (for example, a
14Section represented by multiple versions), the use of that
15text does not accelerate or delay the taking effect of (i) the
16changes made by this Act or (ii) provisions derived from any
17other Public Act.
 
18    Section 99-999. Effective date. This Act takes effect upon
19becoming law.

 

 

HB2337- 951 -LRB103 05867 HEP 50888 b

1 INDEX
2 Statutes amended in order of appearance
3    New Act
4    5 ILCS 845/Act rep.
5    730 ILCS 205/Act rep.
6    730 ILCS 210/Act rep.
7    5 ILCS 70/1.43 rep.
8    5 ILCS 100/5-45.35 rep.
9    5 ILCS 140/2.15
10    5 ILCS 160/4a
11    5 ILCS 315/14from Ch. 48, par. 1614
12    5 ILCS 820/1
13    5 ILCS 820/5
14    5 ILCS 820/10
15    5 ILCS 820/15
16    5 ILCS 820/20
17    5 ILCS 820/30
18    5 ILCS 820/35
19    5 ILCS 820/21 rep.
20    15 ILCS 205/10 rep.
21    20 ILCS 2605/2605-302was 20 ILCS 2605/55a in part
22    20 ILCS 2610/14from Ch. 121, par. 307.14
23    20 ILCS 2610/17c rep.
24    20 ILCS 3930/7.7 rep.
25    20 ILCS 3930/7.8 rep.

 

 

HB2337- 952 -LRB103 05867 HEP 50888 b

1    30 ILCS 105/5.990 rep.
2    50 ILCS 105/4.1 rep.
3    50 ILCS 205/3b
4    50 ILCS 205/25 rep.
5    50 ILCS 705/6.2
6    50 ILCS 705/7
7    50 ILCS 705/10.17
8    50 ILCS 705/10.6 rep.
9    50 ILCS 706/10-10
10    50 ILCS 706/10-15
11    50 ILCS 706/10-20
12    50 ILCS 706/10-25
13    50 ILCS 707/10
14    50 ILCS 709/5-10
15    50 ILCS 709/5-12
16    50 ILCS 709/5-20
17    50 ILCS 709/5-11 rep.
18    50 ILCS 725/3.2from Ch. 85, par. 2555
19    50 ILCS 725/3.4from Ch. 85, par. 2557
20    50 ILCS 725/3.8from Ch. 85, par. 2561
21    50 ILCS 725/6from Ch. 85, par. 2567
22    50 ILCS 727/1-35 rep.
23    55 ILCS 5/3-4013
24    55 ILCS 5/4-5001from Ch. 34, par. 4-5001
25    55 ILCS 5/4-12001from Ch. 34, par. 4-12001
26    55 ILCS 5/4-12001.1from Ch. 34, par. 4-12001.1

 

 

HB2337- 953 -LRB103 05867 HEP 50888 b

1    55 ILCS 5/3-4014 rep.
2    55 ILCS 5/3-6041 rep.
3    65 ILCS 5/11-5.1-2 rep.
4    65 ILCS 5/1-2-12.1
5    110 ILCS 12/15
6    215 ILCS 5/143.19from Ch. 73, par. 755.19
7    215 ILCS 5/143.19.1from Ch. 73, par. 755.19.1
8    215 ILCS 5/205from Ch. 73, par. 817
9    230 ILCS 10/5.1from Ch. 120, par. 2405.1
10    410 ILCS 70/7.5
11    625 ILCS 5/6-204from Ch. 95 1/2, par. 6-204
12    625 ILCS 5/6-308
13    625 ILCS 5/6-500from Ch. 95 1/2, par. 6-500
14    625 ILCS 5/6-601from Ch. 95 1/2, par. 6-601
15    625 ILCS 5/16-103from Ch. 95 1/2, par. 16-103
16    625 ILCS 5/6-209.1
17    625 ILCS 5/11-208.3from Ch. 95 1/2, par. 11-208.3
18    625 ILCS 5/11-208.6
19    625 ILCS 5/11-208.8
20    625 ILCS 5/11-208.9
21    625 ILCS 5/11-1201.1
22    625 ILCS 5/4-214.1
23    625 ILCS 5/6-306.5from Ch. 95 1/2, par. 6-306.5
24    625 ILCS 5/6-306.6from Ch. 95 1/2, par. 6-306.6
25    625 ILCS 40/5-7
26    705 ILCS 105/27.3bfrom Ch. 25, par. 27.3b

 

 

HB2337- 954 -LRB103 05867 HEP 50888 b

1    705 ILCS 205/9from Ch. 13, par. 9
2    705 ILCS 405/1-7
3    705 ILCS 405/1-8
4    705 ILCS 405/5-150
5    720 ILCS 5/26.5-5
6    720 ILCS 5/31-1from Ch. 38, par. 31-1
7    720 ILCS 5/31A-0.1
8    720 ILCS 5/32-10from Ch. 38, par. 32-10
9    720 ILCS 5/7-5from Ch. 38, par. 7-5
10    720 ILCS 5/7-5.5
11    720 ILCS 5/7-9from Ch. 38, par. 7-9
12    720 ILCS 5/9-1from Ch. 38, par. 9-1
13    720 ILCS 5/33-3from Ch. 38, par. 33-3
14    720 ILCS 5/32-15
15    720 ILCS 5/7-15 rep.
16    720 ILCS 5/7-16 rep.
17    720 ILCS 5/33-9 rep.
18    725 ILCS 5/102-6from Ch. 38, par. 102-6
19    725 ILCS 5/102-7from Ch. 38, par. 102-7
20    725 ILCS 5/103-5from Ch. 38, par. 103-5
21    725 ILCS 5/103-7from Ch. 38, par. 103-7
22    725 ILCS 5/103-9from Ch. 38, par. 103-9
23    725 ILCS 5/104-13from Ch. 38, par. 104-13
24    725 ILCS 5/104-17from Ch. 38, par. 104-17
25    725 ILCS 5/106D-1
26    725 ILCS 5/107-4from Ch. 38, par. 107-4

 

 

HB2337- 955 -LRB103 05867 HEP 50888 b

1    725 ILCS 5/107-9from Ch. 38, par. 107-9
2    725 ILCS 5/107-11from Ch. 38, par. 107-11
3    725 ILCS 5/109-1from Ch. 38, par. 109-1
4    725 ILCS 5/109-2from Ch. 38, par. 109-2
5    725 ILCS 5/109-3from Ch. 38, par. 109-3
6    725 ILCS 5/109-3.1from Ch. 38, par. 109-3.1
7    725 ILCS 5/Art. 110
8    heading
9    725 ILCS 5/110-1from Ch. 38, par. 110-1
10    725 ILCS 5/110-2from Ch. 38, par. 110-2
11    725 ILCS 5/110-3from Ch. 38, par. 110-3
12    725 ILCS 5/110-5from Ch. 38, par. 110-5
13    725 ILCS 5/110-5.2
14    725 ILCS 5/110-6from Ch. 38, par. 110-6
15    725 ILCS 5/110-6.1from Ch. 38, par. 110-6.1
16    725 ILCS 5/110-6.2from Ch. 38, par. 110-6.2
17    725 ILCS 5/110-6.4
18    725 ILCS 5/110-10from Ch. 38, par. 110-10
19    725 ILCS 5/110-11from Ch. 38, par. 110-11
20    725 ILCS 5/110-12from Ch. 38, par. 110-12
21    725 ILCS 5/110-14from Ch. 38, par. 110-14
22    725 ILCS 5/111-2from Ch. 38, par. 111-2
23    725 ILCS 5/112A-23from Ch. 38, par. 112A-23
24    725 ILCS 5/113-3.1from Ch. 38, par. 113-3.1
25    725 ILCS 5/114-1from Ch. 38, par. 114-1
26    725 ILCS 5/115-4.1from Ch. 38, par. 115-4.1

 

 

HB2337- 956 -LRB103 05867 HEP 50888 b

1    725 ILCS 5/122-6from Ch. 38, par. 122-6
2    725 ILCS 5/102-10.5 rep.
3    725 ILCS 5/102-14.5 rep.
4    725 ILCS 5/110-6.6 rep.
5    725 ILCS 5/110-7.5 rep.
6    725 ILCS 5/110-1.5 rep.
7    725 ILCS 5/103-2from Ch. 38, par. 103-2
8    725 ILCS 5/108-8from Ch. 38, par. 108-8
9    725 ILCS 5/110-14from Ch. 38, par. 110-14
10    725 ILCS 5/103-3
11    725 ILCS 5/110-4from Ch. 38, par. 110-4
12    725 ILCS 5/110-6.3from Ch. 38, par. 110-6.3
13    725 ILCS 5/110-6.5
14    725 ILCS 5/110-7from Ch. 38, par. 110-7
15    725 ILCS 5/110-8from Ch. 38, par. 110-8
16    725 ILCS 5/110-9from Ch. 38, par. 110-9
17    725 ILCS 5/110-13from Ch. 38, par. 110-13
18    725 ILCS 5/110-15from Ch. 38, par. 110-15
19    725 ILCS 5/110-16from Ch. 38, par. 110-16
20    725 ILCS 5/110-17from Ch. 38, par. 110-17
21    725 ILCS 5/110-18from Ch. 38, par. 110-18
22    725 ILCS 5/Art. 110A
23    heading
24    725 ILCS 5/110A-5
25    725 ILCS 5/110A-10
26    725 ILCS 5/110A-15

 

 

HB2337- 957 -LRB103 05867 HEP 50888 b

1    725 ILCS 5/110A-20
2    725 ILCS 5/110A-25
3    725 ILCS 5/110A-30
4    725 ILCS 5/110A-35
5    725 ILCS 5/110A-40
6    725 ILCS 5/110A-45
7    725 ILCS 5/110A-50
8    725 ILCS 5/110A-55
9    725 ILCS 5/110A-60
10    725 ILCS 5/110A-65
11    725 ILCS 5/110A-70
12    725 ILCS 5/110A-75
13    725 ILCS 5/110A-80
14    725 ILCS 120/3from Ch. 38, par. 1403
15    725 ILCS 120/4from Ch. 38, par. 1404
16    725 ILCS 120/4.5
17    725 ILCS 185/7from Ch. 38, par. 307
18    725 ILCS 185/11from Ch. 38, par. 311
19    725 ILCS 185/19from Ch. 38, par. 319
20    725 ILCS 185/20from Ch. 38, par. 320
21    725 ILCS 185/22from Ch. 38, par. 322
22    725 ILCS 185/34
23    725 ILCS 195/Act title
24    725 ILCS 195/0.01from Ch. 16, par. 80
25    725 ILCS 195/1from Ch. 16, par. 81
26    725 ILCS 195/2from Ch. 16, par. 82

 

 

HB2337- 958 -LRB103 05867 HEP 50888 b

1    725 ILCS 195/3from Ch. 16, par. 83
2    725 ILCS 195/5from Ch. 16, par. 85
3    730 ILCS 5/5-3-2from Ch. 38, par. 1005-3-2
4    730 ILCS 5/5-5-3.2
5    730 ILCS 5/5-6-4from Ch. 38, par. 1005-6-4
6    730 ILCS 5/5-6-4.1from Ch. 38, par. 1005-6-4.1
7    730 ILCS 5/5-8A-7
8    730 ILCS 5/8-2-1from Ch. 38, par. 1008-2-1
9    730 ILCS 5/3-6-3from Ch. 38, par. 1003-6-3
10    730 ILCS 5/5-4-1from Ch. 38, par. 1005-4-1
11    730 ILCS 5/5-4.5-95
12    730 ILCS 5/5-4.5-100
13    730 ILCS 5/5-8-1from Ch. 38, par. 1005-8-1
14    730 ILCS 5/5-8-4from Ch. 38, par. 1005-8-4
15    730 ILCS 5/5-8-6from Ch. 38, par. 1005-8-6
16    730 ILCS 5/5-8A-2from Ch. 38, par. 1005-8A-2
17    730 ILCS 5/5-8A-4from Ch. 38, par. 1005-8A-4
18    730 ILCS 5/5-8A-4.1
19    730 ILCS 5/5-6-3.8 rep.
20    730 ILCS 5/5-8A-4.15 rep.
21    730 ILCS 110/18
22    730 ILCS 125/5from Ch. 75, par. 105
23    730 ILCS 130/3from Ch. 75, par. 32
24    730 ILCS 167/20
25    730 ILCS 168/20
26    735 ILCS 5/10-106from Ch. 110, par. 10-106

 

 

HB2337- 959 -LRB103 05867 HEP 50888 b

1    735 ILCS 5/10-125from Ch. 110, par. 10-125
2    735 ILCS 5/10-127from Ch. 110, par. 10-127
3    735 ILCS 5/10-135from Ch. 110, par. 10-135
4    735 ILCS 5/10-136from Ch. 110, par. 10-136
5    735 ILCS 5/21-103
6    740 ILCS 22/220
7    750 ILCS 60/223from Ch. 40, par. 2312-23
8    750 ILCS 60/301from Ch. 40, par. 2313-1
9    765 ILCS 1045/11from Ch. 140, par. 111
10    775 ILCS 40/50
11    820 ILCS 405/602from Ch. 48, par. 432
12    730 ILCS 5/3-6-7.1 rep.
13    730 ILCS 5/3-6-7.2 rep.
14    730 ILCS 5/3-6-7.3 rep.
15    730 ILCS 5/3-6-7.4 rep.
16    730 ILCS 125/17.6 rep.
17    730 ILCS 125/17.7 rep.
18    730 ILCS 125/17.8 rep.
19    730 ILCS 125/17.9 rep.
20    730 ILCS 5/5-4-1from Ch. 38, par. 1005-4-1
21    5 ILCS 120/2from Ch. 102, par. 42
22    5 ILCS 140/7
23    5 ILCS 140/7.5
24    5 ILCS 350/1from Ch. 127, par. 1301
25    20 ILCS 415/4cfrom Ch. 127, par. 63b104c
26    20 ILCS 2605/2605-50was 20 ILCS 2605/55a-6

 

 

HB2337- 960 -LRB103 05867 HEP 50888 b

1    20 ILCS 2610/3from Ch. 121, par. 307.3
2    20 ILCS 2610/6from Ch. 121, par. 307.6
3    20 ILCS 2610/8from Ch. 121, par. 307.8
4    20 ILCS 2610/9from Ch. 121, par. 307.9
5    20 ILCS 2610/6.5 rep.
6    20 ILCS 2610/11.5 rep.
7    20 ILCS 2610/11.6 rep.
8    20 ILCS 2610/12.6 rep.
9    20 ILCS 2610/12.7 rep.
10    20 ILCS 2610/40.1 rep.
11    20 ILCS 2610/46 rep.
12    50 ILCS 705/2from Ch. 85, par. 502
13    50 ILCS 705/3from Ch. 85, par. 503
14    50 ILCS 705/6from Ch. 85, par. 506
15    50 ILCS 705/6.1
16    50 ILCS 705/7
17    50 ILCS 705/7.5
18    50 ILCS 705/8from Ch. 85, par. 508
19    50 ILCS 705/8.1from Ch. 85, par. 508.1
20    50 ILCS 705/8.2
21    50 ILCS 705/9from Ch. 85, par. 509
22    50 ILCS 705/10from Ch. 85, par. 510
23    50 ILCS 705/10.1from Ch. 85, par. 510.1
24    50 ILCS 705/10.2
25    50 ILCS 705/10.3
26    50 ILCS 705/10.7

 

 

HB2337- 961 -LRB103 05867 HEP 50888 b

1    50 ILCS 705/10.11
2    50 ILCS 705/10.18
3    50 ILCS 705/10.19
4    50 ILCS 705/10.20
5    50 ILCS 705/3.1 rep.
6    50 ILCS 705/6.3 rep.
7    50 ILCS 705/6.6 rep.
8    50 ILCS 705/6.7 rep.
9    50 ILCS 705/8.3 rep.
10    50 ILCS 705/8.4 rep.
11    50 ILCS 705/9.2 rep.
12    50 ILCS 705/13 rep.
13    50 ILCS 705/10.5
14    55 ILCS 5/3-6001.5
15    5 ILCS 140/7.5
16    30 ILCS 105/5.990 new
17    30 ILCS 105/5.790 rep.
18    720 ILCS 5/9-1from Ch. 38, par. 9-1
19    725 ILCS 5/113-3from Ch. 38, par. 113-3
20    725 ILCS 5/119-1
21    725 ILCS 105/10from Ch. 38, par. 208-10
22    40 ILCS 5/3-111from Ch. 108 1/2, par. 3-111
23    40 ILCS 5/3-111.1from Ch. 108 1/2, par. 3-111.1
24    40 ILCS 5/3-112from Ch. 108 1/2, par. 3-112
25    40 ILCS 5/3-148.5 new
26    40 ILCS 5/4-109from Ch. 108 1/2, par. 4-109

 

 

HB2337- 962 -LRB103 05867 HEP 50888 b

1    40 ILCS 5/4-109.1from Ch. 108 1/2, par. 4-109.1
2    40 ILCS 5/4-114from Ch. 108 1/2, par. 4-114
3    40 ILCS 5/4-138.15 new
4    30 ILCS 805/8.47 new
5    65 ILCS 5/10-4-2.9 new